Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
4. When land acquisition occurs outside an ancestral domain or outside an area with
a pending application to be declared such and Indigenous Peoples, whether as
individuals, families or as a community, are among those to be resettled.
5. When land acquisition occurs outside an ancestral domain or an area with a
pending application to be declared such and Indigenous Peoples are among those
affected but no IPs will be removed from the locale and resettled elsewhere; and
6. When natural resources inside ancestral domains are extracted and used for civil
works.
B. THREE TYPES OF PROCEDURES:
Given the public nature and benefit derived from infrastructure projects, the
policy of the DPWH is for the IPs to voluntarily solicit and initiate an infrastructure
project. For projects that the IPs without coercion, freely solicit and initiate inside or
outside ancestral domain, there is obviously no requirement for a Free and Prior Informed
Consent (FPIC). Chapter III or the Policy on Eligibility, Compensation and other
Entitlements of this LARRIPP remains operative even in cases of voluntary solicitation or
initiation. In general, no IPAP is required for projects that are voluntarily solicited
or initiated by IPs.
The project proponent will provide documentation that the projects have indeed
been voluntarily and initiated or solicited by Indigenous Peoples. A representative of the
NCIP should be invited and be present to witness that the consultation was indeed free
from coercion or manipulation, gender and inter-generationally inclusive, and conducted
with proper disclosure of information and in a manner appropriate to the social and
cultural values of the affected IP communities and their condition. Voluntarily initiation
and solicitation is subject to validation by the National Commission on Indigenous
Peoples in conformity to IPRA and NCIP Administrative Order No. 1 or the Free and
Prior, Informed Consent Guidelines of 2006.
If an infrastructure project is not voluntarily initiated or solicited by the ICCs/IPs,
the project proponent will work to enter into a separate Memorandum of Understanding
(MOU) with the NCIP. In the absence of an agreement with the NCIP, the FPIC
Guidelines of 2006 will apply only if an Ancestral Domain will be affected. Chapter II
and III of this LARRIPP will guide the eligibility of affected IPs/ICCs, compensation,
and other entitlements.
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
19
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