9/22/2018
Philippines: NCIP Administrative Order No. 03, Series of 2012, The Revised Guidelines on Free and Prior Informed Consent (FPIC) …
Section 44. Emergency Cases. Where the conduct of plans,
projects or activities of the government or any civic,
religious, or similar organizations within ancestral domains
is in response to emergency situations involving public
order, health, security or safety including military
operations within ancestral domain areas when made in
connection with hot pursuit operations, securing vital
government installations, programs and projects against
clear and imminent danger FPIC shall not be required.
Section 45. Regulation of Entry of Migrants and Other
Entities. All migrants and other entities must first secure
the express permission of the community’s Council of
Elders/Leaders who shall, in accordance with their
consensus building process, community practices,
customs and traditions and upon the free and informed
prior consent of the community members agree to accept
such migrant or entity within the domains, subject to the
following conditions:
17
a. Said persons and entities can be allowed to perform activities as are expressly authorized and which are
not inimical to the development of the ancestral domains and cultural integrity of the ICCs/IPs, and
b. The ICCs/IPs shall maintain the right to impose penalties for violations of the conditions in accordance
with their customary laws.
Section 46. FPIC of Resettled/Relocated or Displaced
ICCs/IPs Within Public Domains. A group or a community
of ICCs/IPs occupying a portion of public domain, whether
as a result of a resettlement or relocation project of the
government or as a result of displacement, has the right
under Section 7, paragraphs (c) and (d) of the IPRA to be
provided with lands of quality and legal status at least
equal to that of the land previously occupied by them
suitable to provide for their present needs and future
development; hence, the said ICCs/IPs shall not be treated
as migrants and can likewise exercise their right to FPIC.
http://www.wipo.int/wipolex/en/text.jsp?file_id=414691
22/37