Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
within the immediate vicinity of the impact area so as not to destroy or weaken kinship
and other social relations, limit their access to services, disrupt livelihoods, deprive them
of traditional resource use rights, if any. The resettled IP families shall be compensated
and enjoy entitlements the same as those given to non-IPs as spelled out in this
LARRIPP. The project proponent will draft an IPAP that ought to cover those who will
be resettled and another IPAP for those who will remain.
2. IPs are not to be resettled
IPs affected but do not require resettlement shall be compensated and enjoy the
same types and level of assistance and entitlements as non-IPs who are similarly situated.
The marginally affected IPs may choose to be compensated or to be assisted in their own
manner, consistent with their culture and customary law. Depending on the number of
IP PAFs, whether as a community or only a few families, the project proponent will
either draft an IPAP or include a special section in the Abbreviated RAP pertaining to IP
PAFs.
3. Resettled IPs occupying lands of the public domain
A special case is IPs who have been removed from their ancestral domain and
have been resettled in lands of the public domain because of a government project or
displacement due to conflict, natural calamities, and forcible dispossession of land.
These IPs enjoy the right of security of tenure over lands to which they have resettled
(Section 7d, IPRA) and shall not be treated as migrants. The Free and Prior Informed
Consent Guidelines of 2006 apply to these types of IPs if they are affected by projects.
The MOA (with the additions mentioned above) that the project proponent enters
into with the affected IPs will serve as the IPAP.
E. EXTRACTION OF NATURAL RESOURCES INSIDE ANCESTRAL
DOMAINS AND THEIR USE
The provisions of the LARRIPP binds not only the project proponent or the
DPWH but also its agents. Aside from observing environmental laws, environmental and
social safeguard policies of the lender, and securing the necessary permits from the
DENR and the Local Government Unit concerned, extraction of natural resources by
DPWH’s contractors or by agents of the contractor inside ancestral domains shall abide
by the FPIC Guidelines of 2006,specifically Section 39 on Small Scale Quarrying.
Contractors have joint and solidary liability for the actions of their employees and their
subcontractors or agents.
It should not be construed, however, that the normal cut and fill activities for road
construction are extraction of natural resources.
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
26
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