Land Acquisition, Resettlement and Rehabilitation Policy, 3rd edition (2006)
Internal monitoring will be done by ESSO, which will also be called the Internal
Monitoring Agent (IMA), while external monitoring will be carried out by an External
Monitoring Agent (EMA) to be hired by DPWH. Reports of the IMA and EMA will be
made available to the ROs and/or the DEOs and to all concerned parties, including the
PAPs.
B. Indigenous Peoples
1. Inside Ancestral Domains
The process of consultation for IPs inside ancestral domains begins with a
consultation with the Provincial Consultative Bodies (PCB) to present the project concept
and map and to determine if the project would affect ancestral domains and IPs, the
presence of IPs in the area, or the existence of collective attachment of IPs to the area
affected.
If consultation with the Provincial Consultative Bodies show that an FBI is
necessary, the process set forth in Part IV of NCIP Administrative Order No. 1 series of
2006 for the conduct of the FBI shall be followed unless the DPWH enters into a
Memorandum of Understanding (MOU) with the NCIP, in which case the provisions of
the Memorandum of Understanding shall be followed.
If the FBI found that an ancestral domain will be affected, the DPWH RO with
the NCIP will consult the Ancestral Domain’s Sustainable Development and Protection
Plan (ADSDPP), if available, to determine a fit exists between the road project and the
listing of priority development projects in the ADSDPP.
If a fit were found to exist, the DPWH RO with the assistance of ESSO should
hold public consultations to explore and obtain the affected IP community’s voluntary
solicitation or endorsement of the project. 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 the ancestral domain has no ADSDPP, the DPWH RO, the NCIP, and ESSO
will hold public consultations to explore and obtain the affected IP community’s
voluntary solicitation or endorsement of the project. Requirements for documentation,
the manner of consultation, and validation stated in the previous paragraph will apply.
Environmental and Social Services Office
Department of Public Works and Highways
March 2006, Revised October 2006
33
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