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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
d. Declaration and management of protected and environmentally critical areas,
and other related undertakings;
e. Bio-prospecting and related activities;
f. Activities that would affect their spiritual and religious traditions, customs
and ceremonies, including ceremonial objects, archeological exploration, diggings and excavations and
access to religious and cultural sites:
g. Industrial land use including the establishment of economic zones;
h. Large scale agricultural and forestry management projects;
i. Carbon trading and related activities;
j. Large scale tourism projects;
k. Establishment of temporary or permanent military facilities; conduct of
military exercises, or organizing para-military forces;
l. Issuance of land tenure instrument or resource use instrument by any government agency and related
activities; and
m. Others analogous to the foregoing, except small-scale quarrying.
The foregoing shall be governed by the FPIC process in Section 22 of this
Guidelines.
Section 20. Who Shall Exercise the Right to FPIC. All ICCs/IPs who are owners of
the ancestral
domain have the right to exercise FPIC on/for any of the activities listed in the
immediately preceding section; Provided, that in case the AD is owned by two (2) or more
ICC/IP sub-groups, or under a unified claim, provisions of their duly executed and
validly existing agreement shall be followed, if any, otherwise, all ICCs/IPs sub8
groups, tribes shall all participate in the decision-making in accordance with their applicable customary
law/s; Provided further, that when there are two or more domains affected, the ICCs/IPs owning such
domains shall exercise the right to FPIC separately; Provided furthermore, that affected migrant IPs inside
the domain/s may participate in the exercise of the right to FPIC if expressly allowed by the domain owners.
Unless specifically stated in the MOA, separate exercise of the right to FPIC shall be for each major phase
of the proposed activity such as Exploration; Operation or Development; Contracting of operator; and the
like.
Nothing in this provision may be interpreted to prejudice the rights of persons under other existing laws.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
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