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ICCAs shall be presumed to be a sustainable traditional resource right (STRR) and
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shall not be subject to prior approval or validation by the other
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agencies and parties. The burden of proof that certain acts or practices are not in
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accordance with the STRR shall lie with the party making the assertion.
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government
Any conflict that may arise within the ICCAs shall be primarily resolved
through customary laws and traditional conflict resolution mechanisms.
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CHAPTER IV
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ROLE OF GOVERNMENT AGENCIES
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SEC. 19. Role o f the NCIP. - The NCIP shall be the primary government agency
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responsible for the full implementation of this Act. It shall protect and promote the
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interest and well-being of the ICCs/IPs in the context of biodiversity conservation
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and community resilience.
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The NCIP shall create the Ancestral Domain Protection and Sustainable
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Development Office, and shall receive requests from the ICCs/IPs. I t shall
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coordinate with the DENR all activities related to the documentation, community
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conservation, planning and registration of ICCAs.
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It shall provide full and effective financial and technical assistance on the
following:
(a) Capacity
building
and
enhancement
in the
identification,
documentation, and recognition of ICCAs;
(b) Preparation
of Community Consen/ation Plans (CCP), and
integrating them in the ADSDPP; and
(c) Interfacing
of
the
ADSDPP
into
other relevant
planning
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frameworks.
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The NCIP shall also be responsible for the verification and affirmation of
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information submitted
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themselves, for inclusion in the Registry of ICCAs.
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by
ICCs/IPs who undertake the documentation
by
The NCIP shall take into account the issues and concerns on ICCA in all
management planning and decision-making processes of the ICCs/IPs.
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The NCIP shall also be member of the Protected Area Management Board
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(PAMB), as provided in the ENIPAS Act, where ancestral domains and lands overlap
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with protected areas or declared ICCAs.
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