04/02/2020
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Section 7. Rights to Ancestral Domains. - The rights of ownership and
possession of ICCs/IPs to their ancestral domains shall be recognized and
protected. Such rights shall include:
a. Rights of Ownership. - The right to claim ownership over lands,
bodies of water traditionally and actually occupied by ICCs/IPs,
sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains;
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
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