b)Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to
develop, control and use lands and territories traditionally occupied, owned, or used; to
manage and conserve natural resources within the territories and uphold the responsibilities
for future generations; to benefit and share the profits from allocation and utilization of the
natural resources found therein; the right to negotiate the terms and conditions for the
exploration of natural resources in the areas for the purpose of ensuring ecological,
environmental protection and the conservation measures, pursuant to national and customary
laws; the right to an informed and intelligent participation in the formulation and
implementation of any project, government or private, that will affect or impact upon the
ancestral domains and to receive just and fair compensation for any damages which they may
sustain as a result of the project; and the right to effective measures by the government to
prevent any interference with, alienation and encroachment upon these rights;
c) Right to Stay in the Territories. - The right to stay in the territory and not to be removed
therefrom. No ICCs/IPs will be relocated without their free and prior informed consent, nor
through any means other than eminent domain. Where relocation is considered necessary as
an exceptional measure, such relocation shall take place only with the free and prior informed
consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right
to return to their ancestral domains, as soon as the grounds for relocation cease to exist.
When such return is not possible, as determined by agreement or through appropriate
procedures, ICCs/IPs shall be provided in all possible cases 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. Persons thus relocated shall likewise be fully
compensated for any resulting loss or injury;
d) Right in Case of Displacement. - In case displacement occurs as a result of natural
catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support systems: Provided, That the displaced ICCs/IPs
shall have the right to return to their abandoned lands until such time that the normalcy and
safety of such lands shall be determined: Provided, further, That should their ancestral
domain cease to exist and normalcy and safety of the previous settlements are not possible,
displaced ICCs/IPs shall enjoy security of tenure over lands to which they have been
resettled: Provided furthermore, That basic services and livelihood shall be provided to them
to ensure that their needs are adequately addressed;
e) Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and
organizations into the domains;
f) Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access
to integrated systems for the management of their inland waters and air space;
g) Right to Claim Parts of Reservations -The right to claim parts of the ancestral domains
which have been reserved for various purposes, except those reserved and intended for
common and public welfare and service; and
h) Right to Resolve Conflict. - Right to resolve land conflicts in accordance with customary
laws of the area where the land is located, and only in default thereof shall the complaints be
submitted to amicable settlement and to the Courts of Justice whenever necessary.
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