Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007) spatial advantages, e.g. providing the same degree of access to resources and to public and privately provided services and protection. Barring this, the Resettlement Action Plan (RAP) should include measures to mitigate the lack of access to natural resources, basic services, and to cultural and religious sites. Efforts must be made to prepare the receiving community. If the receiving area were an ancestral domain or an area with a pending application for a CADT, the free, prior and informed consent of the receiving Indigenous Peoples’ community will be obtained following the procedures set forth in The Free and Prior Informed Consent (FPIC) Guidelines of 2006. The project proponent binds itself to the Memorandum of Agreement (MOA) it enters into with the affected ICC/IPs, especially regarding the manner of relocation and the transfer of compensation and benefits to the affected persons/families and the community at large. Just the same, the project proponent in cooperation with the NCIP and the affected ICCs/IPs ought to include in the MOA measures to ensure that gender equity, participation, transparency, and accountability are observed in the handling, distribution, safekeeping, and use of the funds and in the overall implementation of the MOA. The MOA with the additions written above shall serve as the Indigenous Peoples’ Action Plan (IPAP). In the extremely rare case when some IPs would be resettled by their own choosing or by necessity outside of their ancestral domain while their kindred who are also affected would remain or be resettled in the ancestral domain, depending on the number of IPs to be resettled, either an IPAP or a special section on IPs in the Resettlement Action Plan (RAP) will be prepared for those to be resettled outside the ancestral domain. This is in addition to the MOA that also serves as the IPAP for those remaining inside the ancestral domain. The IPs who choose to be resettled outside their ancestral domain would be resettled in the designated resettlement sites. D. LAND ACQUISITION AFFECTING IPS OUTSIDE ANCESTRAL DOMAINS In the implementation of infrastructure projects, it may happen that land is taken outside of an officially declared ancestral domain or an area with a pending application to be declared such but IPs still are among those to be affected. Regardless of the impact, the project proponent will conduct a separate meeting with the IPs to obtain their broad support for the project using methods appropriate to the social and cultural values of the affected Indigenous Peoples’ Communities, recognizing the primacy of customs, traditions, practices, and socio-political structures of the ICCs/IPs concerned. The process must be free from any external manipulation, Environmental and Social Services OfficeDepartment of Public Works and Highways February 2007 24

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