NCIP Administrative Order No. 3
Series of 2012
THE REVISED GUIDELINES ON FREE AND PRIOR INFORMED CONSENT
(FPIC) AND RELATED PROCESSES OF 2012
Pursuant to Sections 44 (m), 46(a), 57, 58, 59, and 7 of R.A. 8371, otherwise
known as the Indigenous Peoples Rights Act of 1997, and other related provisions,
the following guidelines are hereby promulgated in lieu of NCIP Administrative
Order No. 01, Series of 2006, as follows:
PART I
PRELIMINARY PROVISIONS
Section 1. Title. This Guidelines shall be known as “The Revised Guidelines on the
Exercise of Free and Prior Informed Consent (FPIC) and Related Processes”.
Section 2. Objectives.
a. Ensure genuine exercise by Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs) of their right to Free and Prior Informed Consent (FPIC), whenever
applicable;
b. Protect the rights of ICCs/IPs in the introduction and implementation of plans,
programs, projects, activities and other undertakings that will affect them and their
ancestral domains to ensure their economic, social and cultural well-being;
c. Provide, and ensure compliance with the procedure and the standards in the conduct
of Field-Based Investigation (FBI) and FPIC process, payment of fees, compensation for
damages, execution of Memorandum of Agreements, observance of corporate social
responsibility; and imposition of sanctions for the commission of prohibited acts and
omissions as hereinafter provided;
d. Ensure just and equitable partnership in environmental management, land use,
development and resource use within ancestral domains as well as benefit sharing,
between and among the concerned ICCs/IPs and the prospective investor, government
agency, local government unit (LGU), non-government organization (NGO) and other
entities desiring to engage or collaborate in such undertaking;
e. Ensure that when priority right to development and utilization of natural resources is
validly exercised by the ICCs/IPs, the same shall be validated in accordance with the
spirit and principles of FPIC;
f. Ensure that any benefit derived after the grant of FPIC or as an exercise of priority
rights shall be managed and used properly by, for and with the concerned community
not forgetting inter-generational obligations; and
g. Guarantee protection of resettled/displaced ICCs/IPs.
Section 3. Declaration of Policy.
a)
The FPIC actualizes and strengthens the exercise by ICCs/IPs of their rights to
Ancestral Domains, Social Justice and Human Rights, Self-Governance and
Empowerment, and Cultural Integrity;
b)
The right of ICCs/IPs to the management, development, use and utilization of their
land and resources within their own ancestral domains shall be given utmost regard;
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NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)