b) When the policy, program, project or plan affects the entire ancestral domain, the consent of
the concerned ICCs/IPs within the ancestral domain shall be secured; and
c) When the policy, program, project or plan affects a whole range of territories covering two or
more ancestral domains, the consent of all affected ICCs/IP communities shall be secured.
Section 5. Procedure and Requirements for Securing ICCs/IPs Consent. The
consensus building process of each particular indigenous cultural community shall be adhered to
in securing the ICCs/IPs’ Free and Prior Informed Consent. For purposes of documentation and
monitoring, the NCIP shall assist, document and witness the process of securing Free and Prior
Informed Consent. The basic elements in the consensus building process shall include, at the
minimum, information dissemination to all members of the concerned indigenous peoples
communities, assessment of the concerns or issues by appropriate assemblies in accordance with
customs and traditions and discernment and initial decision by recognized council of elders,
affirmation of the decision of the Elders by all the members of the community.
The following minimum requirements shall be strictly complied with:
a) For every meeting, notices thereof written in English or Pilipino and in the IP language and
authorized by community elders/leaders shall be delivered and posted in conspicuous places
or announced in the area where the meeting shall be conducted at least two (2) weeks before
the scheduled meeting;
b) All meetings and proceedings where the proponent shall submit and discuss all the necessary
information on the proposed policy, program, project or plan shall be conducted in a process
and language spoken and understood by the ICCs/IPs concerned;
c) The minutes of meetings or proceedings conducted shall be written in English or Pilipino and
in the language of the concerned ICCs/IPs and shall be validated with those who attended the
meeting or assembly before the finalization and distribution of the minutes;
d) Consent or rejection by the ICC/IP community shall be signified by affixing signatures or
thumb marks in a document written in their own language or dialect with corresponding
English or Pilipino translation. Signatures or thumb marks shall be considered valid, only
when it is affixed on each and every page of the document signifying consent or rejection. In
case of rejection, the ICCs/IPs shall state in the document of rejection whether or not they
shall entertain alternative proposals of similar nature; and
e) Any alternative proposal shall be subject to the Free and Prior Informed Consent of the
ICCs/IPs in accordance with the foregoing procedures and requirements.
Section 6. Obligations of the Proponent. The proponent of any policy, program,
project, or activity requiring the Free and Prior Informed Consent of the ICCs/IPs community
shall:
a) Submit to the IP community an undertaking written in a language spoken and understood by
the community concerned that it shall commit itself to full disclosure of records and
information relevant to the policy, program, project or activity, and allow full access to
records, documents, material information and facilities pertinent to the same;
b) Submit to the IP community and the NCIP in a language understandable to the concerned
community an Environmental and Socio-cultural Impact Statement, detailing all the possible
impact of the policy, program, project or activity upon the ecological, economic, social and
cultural aspect of the community as a whole. Such document shall clearly indicate how
adverse impacts can be avoided or mitigated;
c) Submit an undertaking in writing to answer for damages which the ICCs/IPs may suffer on
account of the policy, program, project, plan or activity and deposit a cash bond or post a
surety bond with the NCIP when required by the community equivalent to a percentage of its
investments, subject to progressive increase, depending upon the impact of the project. The
amount of bond shall be determined by the NCIP with the concurrence of the ICCs/IPs
concerned; and
Page 16
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents