To ensure that indigenous sacred places, including burial sites are preserved, respected
and protected, the ICCs/IPs shall regulate access to these sacred sites.
Section 13. Protection of Indigenous Sacred Places. Penal sanctions in accordance with
Section 72 of the Act and customary laws shall be applicable in case of:
a) Exploration and/or excavation of archeological sites in ancestral domains/lands for the
purpose of obtaining materials of cultural value without the free and prior informed consent
of the community concerned; and
b) Defacing, removing or otherwise destroying artifacts which are of great importance and
significance to the ICCs/IPs for the preservation of their cultural heritage.
Section 14. Right to Indigenous Knowledge Systems and Practices and to Develop
Own Sciences and Technologies. Indigenous knowledge systems and practices (IKSP) are
systems, institutions, mechanisms, technologies comprising a unique body of knowledge evolved
through time embodying patterns of relationships between and among peoples and between
peoples, their lands and resource environment, including such spheres of relationships which may
include social, political, cultural, economic, religious, and which are the direct outcome of the
indigenous peoples responses to certain needs consisting of adaptive mechanisms which have
allowed indigenous peoples to survive and thrive within their given socio-cultural and
biophysical conditions.
The infusion of science and technology in the field of agriculture, forestry and medicine
to ICCs/IPs is subject to their free and prior informed consent and shall build upon existing
indigenous peoples knowledge and systems and self-reliant and traditional cooperative systems of
the particular community.
Section 15. Protection and Promotion of Indigenous Knowledge Systems and
Practices (IKSPs). The following guidelines, inter alia, are hereby adopted to safeguard the
rights of IPs to their indigenous knowledge systems and practices:
a) The ICCs/IPs have the right to regulate the entry of researchers into their ancestral
domains/lands or territories. Researchers, research institutions, institutions of learning,
laboratories, their agents or representatives and other like entities shall secure the free and
prior informed consent of the ICCs/IPs, before access to indigenous peoples and resources
could be allowed;
b) A written agreement shall be entered into with the ICCs/IPs concerned regarding the research,
including its purpose, design and expected outputs;
c) All data provided by the indigenous peoples shall be acknowledged in whatever writings,
publications, or journals authored or produced as a result of such research. The indigenous
peoples will be definitively named as sources in all such papers;
d)
Copies of the outputs of all such researches shall be freely provided the ICC/IP community;
and
e) The ICC/IP community concerned shall be entitled to royalty from the income derived from
any of the researches conducted and resulting publications.
To ensure effective control of research and documentation of their IKSPs, the IPOs’
initiatives in this regard shall receive technical and financial assistance from sources of their own
choice.
Section 16. Protection of Manifestations of Indigenous Culture. Indigenous culture
shall not be commercialized or used for tourism and advertisement purposes without the free and
prior informed consent of the indigenous peoples concerned. Where consent is alleged, the NCIP
will ensure that there is free and prior informed consent.
In instances where the presentation of indigenous culture and artistic performances are
held, the IPs shall have control over the performance in terms of its content and manner of
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