Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
Customary Law -- It refers to a body of written and/or unwritten rules, usages,
customs and practices traditionally and continually recognized, accepted, and
observed by respective ICCs/IPs.
Disturbance Compensation -- It is the compensation amount for lessees of
agricultural land severely affected (i.e., >20% of the land or when the land is no
longer economically viable) by the project, equivalent to five times the average
gross harvest during the last five years (RA 6389 and EO 1035, series of 1985).
External Monitoring Agent (EMA) -- It is an independent entity or individual
designated by the Department to monitor the implementation of the RAP and the
IPAP.
Field Based Investigation -- It refers to the ground investigation to determine
whether or not the plan, program, project, or activity overlaps with or affects an
ancestral domain, the extent of the affected area, and the ICCs/IPs whose FPIC is to
be obtained.
Financial Assistance -- It is the cash amount paid to agricultural tenants/settlers/
occupants severely affected by the project, equivalent to the average gross harvest
for the last three years and not less than PhP15, 000 per ha (EO 1035), in addition to
the cash payment/compensation for their crops actually damaged by the project.
Free and Prior Informed Consent -- As defined in R.A. 8371, it means the
consensus of all members of the ICCs/IPs to be determined in accordance with their
respective customary laws and practices, free from any external manipulation,
interference and coercion, and obtained after fully disclosing the intent and scope of
the activity, in a language and process understandable and appropriate to the
community.
Free and Prior Informed Consent Guidelines of 2006 -- It is also known as
National Commission on Indigenous Peoples’ Administrative Order No. 1, Series of
2006 implementing Sections 44 (m), 46(a), 57, 58, 59, and 7 of Republic Act 8371
or the Indigenous Peoples’ Rights Act.
Inconvenience Allowance -- It is the compensation amount given to each PAP who
holds full title to or a legalizable tax declaration over the land and structures
severely affected by the project, and who consequently has to move elsewhere.
Indigenous Cultural Community/Indigenous People -- As defined in R.A. 8371,
it refers to a group of people or homogenous societies identified by self-ascription
and ascription by other, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed customs, tradition and other
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Environmental and Social Services Office
Department of Public Works and Highways
February 2007