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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
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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
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