c)
No concession, license, permit or lease, production-sharing agreement, or other
undertakings affecting ancestral domains shall be granted or renewed without going
through the process laid down by law and this Guidelines.(a3)
Section 4. Operating Principles. In the implementation of this Guidelines, the following
operating principles shall be observed:
a.
Empowerment. The ICCs/IPs shall freely pursue their economic, social and cultural
development through their participation in decision-making, determination of
priorities, as well as the practice of their justice system and peace-building processes.
b.
Consensus-Building and Decision-Making Process. The ICC/IPs shall participate in
the decision-making processes primarily through their indigenous socio-political
structures. They shall likewise affirm the decisions of their duly authorized
representatives.
c.
Peace-Building. The decision-making of the ICCs/IPs in the conduct of the FPIC is a
measure to promote peace, harmony, understanding, unity and security.
d.
Cultural Integrity. In the implementation or operation of plans, programs, projects
or activities in Ancestral Domains, due regard must be given not only to the physical
environment but the total environment including the spiritual and cultural bonds to
the areas.
e.
Inter-generational Responsibility. The indigenous concept of ownership sustains
the view that ancestral domains are considered community property which belong to
all generations and therefore cannot be sold, disposed or destroyed. The ICCs/IPs
shall have priority rights to manage and pursue sustainable and responsible
development plans, programs, projects or activities within their ancestral domain.
f.
Primacy of Customary Law. In the conduct of FBI, FPIC, and other processes
provided under this Guidelines, including but not limited to dispute resolutions in
relation thereto, the primacy of customary law and decision-making processes as
determined by the ICCs/IPs shall be observed and adhered to.
g. Transparency and Clarity. The processes under this Guidelines shall be transparent
to all stakeholders. The applicant shall make a full and accurate disclosure of
information concerning the proposed program, project or activity in a manner that is
both accessible and understandable to the concerned community.
h.
Existing Property Regimes. Existing and/or vested rights shall continue to be
recognized pursuant to Section 56 of R.A 8371 and its Implementing Rules and
Regulations.
i.
Ancestral Domain as a Single Unit. An Ancestral Domain shall be recognized and
treated as one or undivided unit.
Section 5. Definition of Terms. In addition to the terms defined under IPRA and its IRR,
the following are defined thus:
a.
Ancestral Domain Sustainable Development & Protection Plan (ADSDPP). Refers
to the consolidation of the plans of ICCs/IPs within an ancestral domain for the
sustainable management and development of their land and natural resources as well
as the development of human and cultural resources based on their indigenous
knowledge systems and practices.
b.
Area Affected. It refers to area/s in the ancestral domain which will be overlapped or
affected by the proposed plan, program, project or activity, including areas that will
sustain effects or impact to be determined by the FBI Team.
c.
Bio-prospecting. The research, collection, and utilization of biological and genetic
resources and substances, with the view of applying the knowledge derived therefrom
for medicinal, commercial and other purposes.
d.
Certificate of Non-Overlap (CNO). It refers to the Certificate issued by the NCIP
attesting to the fact that the area where the particular plan, program, project or
activity will be done does not overlap with, or affect, any ancestral domain.
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NCIP AO 3 s. 2012 (The Revised Guidelines on Free and Prior Informed Consent and Related Processes of 2012)