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Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
activities and other undertakings that will affect them and their ancestral domains to ensure their economic,
social and cultural well-being;
c. Provide, and ensure compliance with the procedure and the standards in the conduct of Field-Based
Investigation (FBI) and FPIC process, payment of fees, compensation for damages, execution of
Memorandum of Agreements, observance of corporate social responsibility; and imposition of sanctions for
the commission of prohibited acts and omissions as hereinafter provided;
d. Ensure just and equitable partnership in environmental management, land use, development and
resource use within ancestral domains as well as benefit sharing, between and among the concerned
ICCs/IPs and the prospective investor, government agency, local government unit (LGU), non- government
organization (NGO) and other entities desiring to engage or collaborate in such undertaking;
e. Ensure that when priority right to development and utilization of natural resources is validly exercised by
the ICCs/IPs, the same shall be validated in accordance with the spirit and principles of FPIC;
f. Ensure that any benefit derived after the grant of FPIC or as an exercise of priority rights shall be
managed and used properly by, for and with the concerned community not forgetting inter-generational
obligations; and
g. Guarantee protection of resettled/displaced ICCs/IPs.
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Section 3. Declaration of Policy.
a) The FPIC actualizes and strengthens the exercise by ICCs/IPs of their rights to Ancestral Domains, Social
Justice and Human Rights, Self- Governance and Empowerment, and Cultural Integrity;
b) The right of ICCs/IPs to the management, development, use and utilization of their land and resources
within their own ancestral domains shall be given utmost regard;
c) No concession, license, permit or lease, production-sharing agreement, or other undertakings affecting
ancestral domains shall be granted or renewed without going through the process laid down by law and this
Guidelines.(a3)
Section 4. Operating Principles. In the implementation of
this Guidelines, the following operating principles shall be
observed:
a. Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural development through
their participation in decision-making, determination of priorities, as well as the practice of their justice
system and peace-building processes.
b. Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in the decisionmaking processes primarily through their indigenous socio-political structures. They shall likewise affirm the
decisions of their duly authorized representatives.
c. Peace-Building. The decision-making of the ICCs/IPs in the conduct of the FPIC is a measure to promote
peace, harmony, understanding, unity and security.
d. Cultural Integrity. In the implementation or operation of plans, programs, projects or activities in
Ancestral Domains, due regard must be given not only to the physical environment but the total environment
including the spiritual and cultural bonds to the areas.
e. Inter-generational Responsibility. The indigenous concept of ownership sustains the view that ancestral
domains are considered community property which belong to all generations and therefore cannot be sold,
disposed or destroyed. The ICCs/IPs shall have priority rights to manage and pursue sustainable and
responsible development plans, programs, projects or activities within their ancestral domain.
f. Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes provided under this
Guidelines, including but not limited to dispute resolutions in relation thereto, the primacy of customary law
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