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 v Environmental and Social Services Office Department of Public Works and Highways February 2007

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