Republic of the Philippines OFFICE OF THE PRESIDENT NATIONAL COMMISSION ON INDIGENOUS PEOPLES Quezon City NCIP Administrative Order No. 01 Series of 2006 THE FREE AND PRIOR INFORMED CONSENT (FPIC) GUIDELINES OF 2006 Pursuant to Section 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 lie of NCIP Administrative Order No. 03, Series of 2002, as follows PART 1: PRELIMINARY PROVISIONS Section 1. Title. This Guidelines shall be known as “The Free and Prior Informed Consent (FPIC) Guidelines of 2006.” Section 2. Objectives. a. Ensure genuine participation Indigenous Cultural Communities/Indigenous People (ICCs/IPs) in decision-making through the exercise of their rights to Free and Prior informed Consent (FPIC), whenever applicable; b. Protect the rights of ICCs/IPs in the introduction and implementation of plan, programs, projects, activities and other undertakings that will impact upon their ancestral domains to ensure their economic, social and cultural well-being; c. Provide the procedure and the standards in cultural conduct of field based investigation (FBI) and FPIC process, charging of fees; and imposition of administrative sanctions for intentional commission of prohibited acts and omissions as hereinafter provided; and d. Ensure just and equitable partnership in environmental management, land use, development, utilization and exploitation of resources within ancestral domains as well as benefit sharing, between and among the concerned ICC/IP community and the prospective investor, government agency, local government unit (LGU), non-government organization (NGO) and other entities desiring to collaborate in such undertaking, when FPIC is given. Section 3. Declaration of Policy. It is the policy of the Commission to: a. Uphold the intent and purpose of the law in requiring FPIC of the ICCs/IPs in connection with applications for lease, license, permit, agreement, and/or concession to implement and/or operate programs, projects, or activities affecting ancestral domains; b. Ensure that the process of securing the FPIC of ICCs/IPs and the corresponding issuance of Certificate Precondition (CP) shall be conducted with outmost regard for the right of ICCs/IPs to the management, development, use and utilization of their land and resources within their own ancestral domains and/or lands (Ads/ALs); c. Adopt and enforce mechanisms for the protection, promotion and realization of ICC/IP rights; d. Exercise its visitorial powers and to safeguard the rights of the ICCs/IPs with regard to resource utilization contracts or agreements; e. Guarantee that no concession, license, permit or lease, production sharing agreement, or other undertaking affecting ancestral domain/lands will be granted or renewed without going through the process laid down by law and this Guidelines. Section 4. Operating Principles. In the implementation of this Guidelines, the following principles shall be observed: 1