9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 47. FPIC Rights of Resettled, Displaced and
Relocated IPs as well as Migrant IPs Living in Co-existence
with the Original IPs within the Domain. In a particular
ICC/IP community where there exists resettled, displaced
and relocated IPs or migrant IPs mingled or in co-existence
with the owners of the AD, the right to FPIC of the
resettled, displaced and relocated or migrant IPs will
depend on the custom, practice or tradition of the owners
of the AD allowing or disallowing the exercise thereof.
Whether allowed or not allowed by the owners of the AD to
participate in the FPIC proceedings, they shall likewise be
entitled to the benefits by virtue of the MOA and to
compensation for damages, loss or injury to them or their
properties. The obligation to compensate the resettled,
displaced and relocated IPs or migrant IPs of what is
rightfully due them shall be recognized by the applicant in
writing either in the MOA or in a separate undertaking
made as an integral part of the MOA. (38)
Section 48. Small Scale Quarry Approved by the Local
Government Unit (LGU). The CP for small-scale quarries,
whose permits are issued by Local Government Units
(LGUs) shall be issued by the concerned Regional Director
with the concurrence of the concerned Regional
Ethnographic Commissioner and affirmation by the NCIP
Chairman. A copy of the CP shall be furnished to ADO, the
concerned Provincial Officer or CSC Head, as the case may
be.
Section 49. Community-Initiated or Solicited Research.
Research activities solicited, commissioned or conducted
by the concerned ICC/IP themselves to be undertaken
within or affecting the ancestral domain, shall be governed
by the Guidelines on IKSP/Customary Law research and
documentation.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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