(3) Filing of claim. The NCIP or affected ICC/IP with the assistance of NCIP shall file
the claim for compensation of loss, damage or injury with the appropriate office of
the agency which has caused such relocation or displacement.
(4) Payment of compensation. The NCIP shall ensure that such claim for payment is
given due consideration and that the claimant is duly compensated within a
reasonable time.
Section 5. Right to Regulate Entry of Migrants and Other Entities. The collective
right to use everything within the domain/land is limited only to the recognized members of the
ICCs/IP community. Accordingly, the ICCs/IPs shall have the right to regulate the entry of
migrants, including organizations who intend to do business, engage in development or other
form of activities, in their ancestral domains/lands. For this purpose, the following shall be
applicable:
a) Migrants. For purposes of these rules, a migrant is a person who is not a native to the
ancestral domain or not a part owner of ancestral land but who, as a consequence of social,
economic, political or other reasons, such as displacement due to natural disasters, armed
conflict, population pressure, or search for seasonal work, opted to occupy and utilize portions
of the ancestral domains/lands and have since established residence therein;
b) Other entities. Other entities shall include all organizations, corporations, associations or
persons who intend to enter the ancestral domains/lands for the purpose of doing business,
development or other activities therein; and
c) Procedure for Regulating Entry of Migrants and Other Entities. All migrants and other
entities must first secure the express permission of the community’s council of elders/leaders
who shall, in accordance with their consensus building process, community practices, customs
and traditions and upon the Free, Prior and Informed Consent of the community members
agree to accept such migrant or entity within the domains, subject to the following conditions:
(1) Said persons and entities can be allowed to perform activities as are expressly authorized
and which are not inimical to the development of the ancestral domains and cultural
integrity of the ICCs/IPs, and
(2) The ICCs/IPs shall maintain the right to impose penalties for violation of the conditions
in accordance with their customary laws, the Act or its rules and regulations.
The ICCs/IPs’ Council of Leaders/Elders, with the assistance of NCIP shall take
appropriate action to ensure the effective implementation and enforcement of these rights.
Section 6. Right to Safe and Clean Air and Water.
a) The ICCs/IPs through their indigenous knowledge systems and practices and their customs and
traditions have preserved the environment and have demonstrated their capability to conserve
and protect the integrity of their ecological systems. To enable these ecologically-sound and
sustainable practices to flourish, the ICCs/IPs have the right to regulate activities that may
adversely affect their airspace, bodies of water and lands. Any violation of environmental
laws adversely affecting the integrity of the ecological systems in ancestral
domains/territories shall be penalized according to customary laws of the ICCs/IPs
concerned.
The ICCs/IPs shall take the necessary steps to source out adequate and effective technical and
financial support to protect the environment. Government shall adopt effective measures to
implement environmental laws that will preserve the quality of freshwater, surface and
ground water and minimize air pollution and other forms of pollution that may affect the
domains.
b) Environmental Conservation and Protection Program (ECPP). All persons or
entities
allowed under the Act to participate in land development, utilization, exploitation, and
extraction of natural resources, and government offices or agencies allowed to undertake or
implement infrastructure projects within ancestral lands/domains, shall submit to the NCIP,
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