Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007)
obtained, modes of compensation will be guided by Chapter III of the LARRIPP. The
IPs may opt to receive the entitlements laid out in Chapter III in culturally appropriate
form consistent with their customary law.
When completion of the project would involve significant restrictions of access to
religious and cultural sites and to traditional hunting, gathering grounds or natural
resources that the IPs use, these restriction plus the measures to minimize them will be
disclosed by the project proponent to the affected ICC/IPs and included as part of the
IPAP/MOA. Temporary restrictions on indigenous peoples’ access to natural resources
and religious and culture sites during project implementation plus the measures to
minimize them shall be disclosed by the proponent. Measures to mitigate these
temporary restrictions will also be contained in the IPAP/MOA.
Compensation for lands acquired, for affected structures, other improvements, for
crops, trees and perennials inside ancestral domain where no removal and resettlement
of IPs/ICCs are involved shall be governed by Chapters II (Legal Framework) and III
(Policy on Eligibility, Compensation, and other Entitlements). The ICC/IPs may opt to
receive the compensation in culturally appropriate form consistent with their customary
law. Other than those granted by Chapter III, benefits to be enjoyed by the host ICC/IPs
will be spelled out in the Memorandum of Agreement (MOA) that will be executed
between and among the ICC/IPs, the project proponent, and other related parties in
accordance with Sections 43 to 46 of the FPIC Guidelines of 2006.
In the event the impact on certain IPs is severe (involving land whose use is other
than residential) and subject to the free and prior informed consent of the affected IPs,
land swapping will be explored first. Conditions pertaining to land swapping and other
types of assistance or entitlements due to the severely affected as found in Chapter III of
this LARRIPP will apply.
The project proponent binds itself to the Memorandum of Agreement (MOA) it
enters with the affected ICC/IPs, especially regarding the manner of transferring
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 will 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).
2. Land Acquisition with removal and resettlement
Environmental and Social Services OfficeDepartment of Public Works and Highways
February 2007
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