9/22/2018 Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) … Section 39. Community-Solicited or Initiated Activities. Programs, projects and activities solicited or initiated by the concerned ICCs/IPs themselves where the activity is strictly for the delivery of basic services to be undertaken within or affecting the ancestral domain, do not require compliance with the FBI/FPIC requirement as provided in this Guidelines, however, they shall be subjected to a validation process where the following shall be determined: a. The ICC, in fact, voluntarily solicited or initiated the plan, program, project or activity to be undertaken; b. The plan, program, project or activity conforms with the community’s ADSDPP or in the absence of the ADSDPP, the concerned community considers the same to form part already of the ADSDPP that they will formulate in the future; c. The ICC knows the extent of the plan, program, project or activity and its socio-cultural/ environmental impact to the community; d. The parties acknowledge their obligations; or e. The plan, program, project or activity is for the delivery of basic services or livelihood projects involving community. Section 40. Projects, programs and activities undertaken by NCIP by itself or in cooperation with other government agencies and LGU Projects. Projects, programs and activities undertaken by NCIP itself or in cooperation with other government agencies and LGU projects shall also be validated to determine if they coincide or complement with the development priorities of the community and will not in any way adversely affect their well-being.(n) Section 41. Foreign Funded Project Undertaken in Cooperation with the NCIP. NCIP may enter into cooperation with foreign funding agencies for projects involving delivery of basic services or for the promotion of economic and sustainable 16 development, in which case, the requirements of FPIC may be dispensed with and that only validation under the preceding sections of this Guidelines may suffice. Projects undertaken by international funding agencies or institutions by themselves or in cooperation with non-government organizations or institutions shall, however, be subject to the appropriate FPIC process as provided in the applicable provisions of this Guidelines or other pertinent NCIP Guidelines. http://www.wipo.int/wipolex/en/text.jsp?file_id=414691 20/37

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