Land Acquisition, Resettlement and Rehabilitation Policy, 3rd edition (2006)
If no voluntary solicitation or initiation is obtained from the affected IP
community, or if none is validated by the NCIP, the process of obtaining the Free and
Prior, Informed Consent (FPIC) of the affected IP community/ies commences. The
process of consultation to be followed is that set forth in Part V of NCIP Administrative
Order No. 1 or the FPIC Guidelines of 2006.
2. IPs outside ancestral domains.
If the FBI determines that no ancestral domain will be impacted by the project but
IP groups are found and the probability is great that these IP groups will be affected, the
following procedure shall apply:
With the NCIP, the project proponent conducts a separate consultation with these
IPs to ascertain if they are migrants or have been resettled in the area due to a
government project or to displacement caused by war and natural calamities. If the latter
were the case, Section 37 of NCIP Administrative Order No. 1 or the Free, Prior, and
Informed Consent Guidelines of 2006 applies. If the former were the case, the project
proponent will ensure that subsequent and separate consultations with the IP groups will
a. Use methods that are appropriate to the social and cultural values of the
affected IP communities and their local conditions;
b. that these methods give special attention to the concerns of Indigenous
women, youth, and children and their access to development opportunities and
benefits;
c. that the affected Indigenous Peoples’ communities are provided with all the
relevant information about the project (including the potential adverse
effects) in a culturally appropriate manner at each stage of project preparation
and implementation;
d. that the consultation methods are guided by an appropriate gender and intergenerationally inclusive framework that provides opportunities for
consultation at each stage of project preparation and implementation among
the project proponent, the affected IPs’ communities, IP organizations, and if
any, other local civil society organizations identified by the affected IP
communities.
These consultations should be witnessed by a representative of the National
Commission on Indigenous Peoples (NCIP). The project proponent will ensure that these
consultations are properly documented and the reports signed by the NCIP representative
and by leaders and members of the IP community.
Environmental and Social Services Office
Department of Public Works and Highways
March 2006, Revised October 2006
34
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