agreement that shall ensure that: a) a program of technology transfer shall be pursued
to enable the concerned ICCs/IPs to ultimately manage the area themselves; and b)
that no displacement or dislocation of ICCs/IPs shall occur as a result of the
implementation of the project/activity.
Section 4. Right to Stay in Territories and Not to be Displaced Therefrom. The right
of ICCs/IPs to stay in their territories shall remain inviolate. No ICCs/IPs shall be relocated
without their free and prior informed consent nor through any means other than eminent domain.
Relocation or displacement as an exceptional measure or as a result of calamity or catastrophe
shall only be temporary. ICCs/IPs shall have the right to return to their ancestral domain as soon
as the grounds for such relocation cease to exist, and shall have the right to be compensated for
damages sustained as a consequence of the relocation.
a) Temporary Relocation as an Exceptional Measure. Temporary relocation is an exceptional
measure if, after exhausting all legal remedies, it stands as the only option to avoid loss of
lives, and to safeguard the health and safety of the populations affected.
Temporary
relocation shall generally occur as a result of force majeure, natural calamities or
catastrophes.
Where temporary relocation is determined by the ICC/IP concerned, in consultation with the
NCIP and other appropriate government agencies as an exceptional measure, the concerned
government agencies shall provide the affected ICCs/IPs with habitable relocation sites and
adequate shelter, food, and other basic services, as well as livelihood opportunities to ensure
that their needs are effectively addressed.
b) Right to Return to Ancestral Domain. When the reason for the relocation ceases to exist as
determined by the ICCs/IPs, in consultation with appropriate government agencies, the
ICCs/IPs shall have the right to return to their ancestral domains.
c)
Rights in Case of Permanent Relocation/ Displacement. Should the conditions for their
return pose grave and long-term risks for the displaced ICCs/IPs, and normalcy and safety of
the previous settlements are irreversibly lost, the displaced ICCs/IPs shall, upon their Free
and Prior Informed Consent, be accorded the following:
(1) Relocation to a site, which shall, in all possible cases, be of equal quality and legal
status as that previously occupied, and which shall be suitable to provide for their
present needs and future development;
(2) Security of tenure over lands to which they will be resettled or relocated; and.
(3) Compensation for loss, injury or damage as a consequence of such relocation or
displacement.
(d) Compensation for Loss, Injury or Damage. Compensation for loss, injury, or damage shall
be obtained through the following procedures:
(1) Who may file. The following shall be entitled to compensation for loss, injury or
damage:
i) Any individual in the event of loss of life, injuries or damage to property;
ii) Concerned ICC/IP Elders/Leaders representing their communities, in case of
damage to burial grounds, worship areas, hunting grounds, or any other parts or
communal structures within the ancestral domains; or
iii) The NCIP may motu propio file the claim for loss, injury or damage for and in
behalf of the ICC/IP community.
(2) Notification to NCIP. In case the claim is filed by the affected ICC/ IP, the NCIP
must be notified through its field office, of such loss, injury or damage suffered as a
result of the relocation or displacement.
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