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FPIC Slides

The document discusses forging partnerships for the rights-based development of Indigenous Peoples through processes that respect their right to free, prior, and informed consent (FPIC). It outlines FPIC procedures that Indigenous communities and the National Commission on Indigenous Peoples (NCIP) must follow for any activities affecting Indigenous lands and resources. These include steps for validation, consensus-building, and certification that a project has the community's consent before any development can proceed in accordance with customary laws and cultural integrity.

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Nicole Batingana
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© © All Rights Reserved
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Download as PPT, PDF, TXT or read online on Scribd
52 views

FPIC Slides

The document discusses forging partnerships for the rights-based development of Indigenous Peoples through processes that respect their right to free, prior, and informed consent (FPIC). It outlines FPIC procedures that Indigenous communities and the National Commission on Indigenous Peoples (NCIP) must follow for any activities affecting Indigenous lands and resources. These include steps for validation, consensus-building, and certification that a project has the community's consent before any development can proceed in accordance with customary laws and cultural integrity.

Uploaded by

Nicole Batingana
Copyright
© © All Rights Reserved
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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“Forging partnership for rights-based development of the Indigenous Peoples”

#solidarityforIPdevelopment
Pagtugot nga gikauyonan (consensus) sa
tanang miyembro sa Lumadnong
Komunidad/Katawhang Lumad subay sa
ilang customary laws.
Pagtugot nga gawasnon ug nahuptan human
nga tumang napadayag ang intensyon sa
programa, plano ug kalihokan, pinasubay sa
proseso ug sa pinulungan nga nasabtan sa
tibuok komunidad
• Ensure genuine exercise of right to FPIC
• Protect ICC/IP rights in undertakings that will
affect them and their ancestral domains (AD)
to ensure economic, social and cultural well-
being
• Ensure benefits shall be managed and used
properly
• Empowerment
• Consensus-Building and Decision-Making
Process (Indigenous Socio-Political
Structures/IPS)
• Peace-Building
• Cultural Integrity
• Inter-generational Responsibility
• Primacy of Customary Law
• Transparency and Clarity
• Existing Property Regimes
• Ancestral Domain as a Single Unit
• All activities (private or government) affecting
land and resources within an ancestral domain
(AD)

1. EXTRACTIVE / INTRUSIVE / LARGE SCALE


Activities (EILSA)
2. NON-EXTRACTIVE and SMALL SCALE
Activities (NESSA)
• ICC sacred grounds and burial sites
• Cultural and heritage sites
• Critical areas identified or reserved by ICCs/IPs
for special purposes
• Other areas specifically identified in the
Ancestral Domain Sustainable Development and
Protection Plan (ADSDPP)
• Exploration, development, exploitation,
utilization of natural resources requiring
permits, licenses, lease, contract, concession or
agreements from the government, including
feasibility studies relating thereto
• Lead to displacement and/or relocation of
ICCs/IPs
• Resettlement programs of the government that
may introduce migrants
• Declaration and management of protected
and environmentally critical areas
• Bio-prospecting
• Affecting spiritual and religious traditions,
customs and ceremonies and religious and
cultural sites
• Industrial land use (e.g. economic zones)
• Large-scale agricultural and forestry
management projects
• Carbon trading
• Large-scale tourism projects
• Establishment of military facilities, conduct of
military exercises, or organizing para-military
forces
• Issuance of land tenure instrument or
resource use instrument by any government
agency
• Other analogous activities
• Activities not enumerated as EILSA
• Feasibility studies not considered EILSA
• Non-extractive exploitation and utilization of
natural resources
• Not requiring permits from government
agencies
• Small scale quarrying
• Other analogous activities
FPIC Process
Filing of Pre-FBI Payment of
Work Order
Application Conference FBI Fee

Cert. of Non- Overlap FBI Field-Based


No
Overlap w/ AD? Report Investigation
Y
se

Pre-FPIC Payment of
Conference Work Order
FPIC Fee

FPIC
Favorable:
First
Negotiation
Community
Assembly
MOA Validation ADO & LAO
and Signing review
Second
Community
Assembly CEB
FPIC Team submits Deliberation
report to RD

Decision-Making/
Consensus Building Issuance of
RRT evaluates FPIC Certification
report and documents Precondition
(CP)
Not favorable
Resolution of
Non-Consent RD makes
recommendation to
ADO
Favorable
First
Meeting

Negotiation and Chairperson


MOA Signing confirms CP
Decision-Making/
Consensus Building
Issuance of
FPIC Team submits
CP
report to RD
Not
favorable
RD signs the CP
Resolution of
Non-Consent
CP concurred by
Ethnographic
Commission
Kinsa ang magpatigayon sa proseso?
FBI Team

•Community Development Officer (CDO) – Team Leader


• The FBI Provincial Focal Person
• 1 from the Community Service Center (CSC)
• 2 IP Leaders to be identified by the CSC
Kinsa ang magpatigayon sa proseso?

The FPIC Team

1.The Provincial Officer, as Team Leader;


2.The Provincial Legal Officer;
3.One (1) Engineer from the Provincial or Regional Office;
4.The head of the FBI Team; and
5.Two (2) IP elders/leaders selected by the community in the
first assembly.
Other Processes
HIGHLIGHTS OF THE
COMMUNITY VALIDATION PROVISION

Community-Solicited or Initiated Strictly for delivery of basic


Activities services, subject to validation.

Projects, programs and activities To be validated to determine if


undertaken by NCIP by itself or they coincide with the priority of
in cooperation with other the community and will not
government agencies and LGU
adversely affect their well-being.
projects

Foreign Funded Project Subject to validation.


Undertaken in Cooperation If not in cooperation with NCIP,
with NCIP subject to FPIC.

Exercise of Traditional Resource- NCIP shall validate upon complaint of


Use Rights any member of the council of
elders/leaders.
“Forging partnership for rights-based development of the Indigenous Peoples”

EXERCISE OF PRIORITY RIGHTS


(EPR)
Steps in the Declaration
of EPR by the ICCs/IPs.

#solidarityforIPdevelopment
The ICCs/IPs have priority right to the
development and utilization of natural
resources within their ADs.
Validation team
Community submits report to
Assembly RO
Deny EPR

RRT reviews
Community report
Resolution CEB
deliberations
RD transmits
Declaration of records to ADO w/
recommendations Acknowledge
EPR and EPR
EPR
Plan

LAO renders
Validation team legal opinion
constituted
• Applicant
• NCIP
• IP Community or Member
• NGOs, CSAs, Gas, LGUs and other groups
• Force, threat, coercion, intimidation
• Bringing of firearms. NCIP may request for
armed security from police or AFP
• Bribery
• Clandestine or surreptitious negotiations with
some IP members or leaders
• Donations for the purpose of influencing
decision of ICCs/IPs
• Holding of unauthorized meetings with NCIP
official/s and personnel and/or members of
the affected community
• Deliberately delaying the progress of FPIC
process which cause division among ICCs/IPs
• Acceptance or receipt of money, gifts or other
valuable thing from the applicant
• Consorting with the applicant or other person
connected to or mediating for the latter to
influence outcome of FPIC process
• Deliberate failure to act appropriately on
complaints of prohibited acts committed by
the applicant or latter’s representatives
• Gross negligence or deliberate ommission
• Acting on his duty in consideration of offer, promise of
reward, etc., from the applicant
• Undue interference with FBIT, FPICT, RRT without being a
member thereof
• Use of falsified narration of facts in reports or supporting
documents
• Holding of unauthorized meetings
• Demanding or receiving from applicant, IP community or
support institutions, government agencies money or other
valuable thing
• Solicitation and acceptance or receipt of gifts, money,
etc. from the applicant
• Consorting with the applicant or other person
connected to or mediating for the latter
• Negotiating or mediating or transacting business with
the applicant without authority
• Giving or promising to give his consent in
consideration of any offer, promise, etc. from the
applicant
Undue influence or interference with the FPIC process
or to the community, either to the members,
elders/leaders or their representatives
Implementation without Regional Hearing Officer
required FPIC (RHO)

PRIOR endorsement to ADO or issuance by RD of CNO


Irregularities in the
implementation of the FPIC
Guidelines Regional Director (RD)
Prohibited acts

AFTER endorsement to ADO or issuance by RD of CNO


Irregularities in the
implementation of the FPIC
Guidelines The Commission
Prohibited acts
Thank you
Thank you

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