Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
spatial advantages, e.g. providing the same degree of access to resources and to public
and privately provided services and protection. Barring this, the Resettlement Action Plan
(RAP) should include measures to mitigate the lack of access to natural resources, basic
services, and to cultural and religious sites. Efforts must be made to prepare the
receiving community.
If the receiving area were an ancestral domain or an area with a pending
application for a CADT, the free, prior and informed consent of the receiving Indigenous
Peoples’ community will be obtained following the procedures set forth in The Free and
Prior Informed Consent (FPIC) Guidelines of 2006.
The project proponent binds itself to the Memorandum of Agreement (MOA) it
enters into with the affected ICC/IPs, especially regarding the manner of relocation and
the transfer of compensation and benefits to the affected persons/families and the
community at large. Just the same, the project proponent in cooperation with the NCIP
and the affected ICCs/IPs ought to include in the MOA measures to ensure that gender
equity, participation, transparency, and accountability are observed in the handling,
distribution, safekeeping, and use of the funds and in the overall implementation of the
MOA.
The MOA with the additions written above shall serve as the Indigenous Peoples’
Action Plan (IPAP).
In the extremely rare case when some IPs would be resettled by their own
choosing or by necessity outside of their ancestral domain while their kindred who are
also affected would remain or be resettled in the ancestral domain, depending on the
number of IPs to be resettled, either an IPAP or a special section on IPs in the
Resettlement Action Plan (RAP) will be prepared for those to be resettled outside the
ancestral domain. This is in addition to the MOA that also serves as the IPAP for those
remaining inside the ancestral domain. The IPs who choose to be resettled outside their
ancestral domain would be resettled in the designated resettlement sites.
D. LAND ACQUISITION AFFECTING IPS OUTSIDE ANCESTRAL DOMAINS
In the implementation of infrastructure projects, it may happen that land is taken
outside of an officially declared ancestral domain or an area with a pending application to
be declared such but IPs still are among those to be affected.
Regardless of the impact, the project proponent will conduct a separate meeting
with the IPs to obtain their broad support for the project using methods appropriate to the
social and cultural values of the affected Indigenous Peoples’ Communities, recognizing
the primacy of customs, traditions, practices, and socio-political structures of the
ICCs/IPs concerned. The process must be free from any external manipulation,
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
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