1
For purposes of this Act, all ICCAs shall be considered as environmentally
2
critical areas. The requirement of free and prior informed consent (FPIC) shall be
3
strictly complied with to undertake allowable activities within the ICCAs.
4
No provision in this Act granting or recognizing the rights and privileges of
5
ICCs/IPs in the ICCAs shall be construed to diminish their rights and privileges in
6
non-ICCA areas of the ancestral domains or lands.
7
SEC. 7. P rotection o f ICCAs. - The ICCAs shall be reserved for the exclusive
8
use of ICCs/IPs exercising their sustainable traditional resource rights. Activities
9
that are not included as sustainable traditional resource rights and activities by a
10
person who is not a member of ICCs/IPs may only be allowed within the ICCAs,
11
Provided, That the activities are:
12
(a)
Permitted by the ICCs/IPs in accordance with customary laws;
13
(b)
Consistent with their cultural and spiritual values;
14
(c)
Compatible with conservation concepts; and
15
(d) Not among the prohibited acts enumerated in Section 25
16
of this
Act.
17
SEC. 8. E nvironm ental Im p a c t Assessment (E IA ) system . - All projects
18
within or outside the ICCA that have potential adverse impacts on the conserved
19
territories and areas are subject to EIA.
20
The participation of the ICCs/IPs, the National Commission on Indigenous
21
Peoples (NCIP) and the Department of Environment and Natural Resources
22
(DENR) are required in the conduct of the EIA of ICCAs.
23
The customary laws, the IKSPs of the ICCs/IPs and the social acceptability
24
of the project shall be considered in the assessment.
25
26
The EIA should be concluded and reported for consideration during the FPIC
process.
27
28
SEC. 9. ICCAs in Key B iodiversity Areas (KBAs). - The ICC/IPs shall govern,
29
maintain, restore and develop the ICCAs key biodiversity areas (KBAs) in
30
accordance with their customary laws and in a manner consistent with the
31
sustainable use and conservation of biodiversity found therein.