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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
and decision-making processes as determined by the ICCs/IPs shall be observed and adhered to.
g. Transparency and Clarity. The processes under this Guidelines shall be transparent to all stakeholders.
The applicant shall make a full and accurate disclosure of information concerning the proposed program,
project or activity in a manner that is both accessible and understandable to the concerned community.
h. Existing Property Regimes. Existing and/or vested rights shall continue to be recognized pursuant to
Section 56 of R.A 8371 and its Implementing Rules and Regulations.
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i. Ancestral Domain as a Single Unit. An Ancestral Domain shall be recognized and treated as one or
undivided unit.
Section 5. Definition of Terms. In addition to the terms
defined under IPRA
and its IRR, the following are defined thus:
a. Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers to the
consolidation of the plans of ICCs/IPs within an ancestral domain for the sustainable management and
development of their land and natural resources as well as the development of human and cultural
resources based on their indigenous knowledge systems and practices.
b. Area Affected. It refers to area/s in the ancestral domain which will be overlapped or affected by the
proposed plan, program, project or activity, including areas that will sustain effects or impact to be
determined by the FBI Team.
c. Bio-prospecting. The research, collection, and utilization of biological and genetic resources and
substances, with the view of applying the knowledge derived therefrom for medicinal, commercial and other
purposes.
d. Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP attesting to the fact that
the area where the particular plan, program, project or activity will be done does not overlap with, or affect,
any ancestral domain.
e. Certification Precondition (CP). It refers to the Certificate issued by the NCIP, signed by the
Chairperson, attesting to the grant of FPIC by the concerned ICCs/IPs after appropriate compliance with the
requirements provided for in this Guidelines.
f. Consensus-Building. It refers to that part of the decision-making process undertaken by the ICCs/IPs
through their indigenous socio-political structures and practices in arriving at a collective/communal decision.
g. Environment Impact Statement (EIS). It is the document which aims to identify, predict interpret, and
communicate information regarding changes in environmental quality associated with a proposed project
and which examines the range of alternatives for the objectives of the proposal and their impact on the
environment.
h. Extractive or Large Scale Activities. These refer to the activities enumerated in Sec. 19 of this
Guidelines.
i. Field-Based Investigation (FBI). It refers to the ground investigation undertaken to determine whether or
not the plan, program, project or activity overlaps with, or affects, an ancestral domain, the extent of the
affected area, and the ICCs/IPs whose FPIC is to be obtained.
j. Indigenous elder/leader. An indigenous elder/leader emerges from the dynamics of customary laws and
practices; they evolve from a lifestyle of conscious assertion and practice of traditional values and beliefs.
They are recognized as authority in conflict resolution and peace-building processes, on spiritual rites and
ceremonies and in doing so, possess the attributes of wisdom and integrity. They lead and assist the
community in decision- making processes towards the protection and promotion of their rights and the
sustainable development of their ancestral domains.
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http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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