Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
In the event of non-consent by affected Indigenous Peoples in their ancestral
domain, the procedure set forth in Part V, Section 27c of NCIP Administrative Order
No.1 or the Free, Prior and Informed Consent Guidelines of 2006 shall apply.1
In the event ICCs/IPs outside of ancestral domains will be affected, Section D of
this Chapter shall apply.
Table IV.1: IP Location and Requirements for FPIC and IPAP
Location
Voluntarily initiated
or solicited by IPs;
Projects that are not
voluntarily initiated
or solicited by IPs
Inside Ancestral
Domain
Outside Ancestral
Domain
Inside Ancestral
Domain
Outside Ancestral
Domain
Outside Ancestral
Domain
Requirement for
FPIC
None
Requirement for
IPAP
None
None
None
Yes
MOA=IPAP
None except for
a special case
discussed in
Section 6.5.4 of
this chapter
None
IPAP required
IPAP
C. LAND ACQUISITION INSIDE ANCESTRAL DOMAINS
In the event land (including structures, improvements, crops, trees, and
perennials) is to be acquired inside an ancestral domain, the DPWH and its agents shall
observe the Free and Prior Informed Consent (FPIC) Guidelines of 2006 or the
provisions of any agreement that the DPWH may have reached with the NCIP. The
details of the FPIC Guidelines of 2006 are found in the Social and Environmental
Management Systems (SEMS) Manual.
1
Part V Section 27c "Decision Meeting" of Administrative Order No.1 states:
If the consensus is against the project, the leaders or elders will be required to submit their written decision
in the form of a Resolution. Further, the applicant [the project proponent], may ask the council of
elders/leaders to explain the decision. If the reasons for the denial of the consent is something that the
applicant can readily address or a counterproposal or a new proposal is made by the applicant, the council
of elders/leaders may require another period, if they desire, to re-consider their decision but in no case shall
it exceed ten (10) days from the time of the first decision sought to be reconsidered.
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
20
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