Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007) 4. When land acquisition occurs outside an ancestral domain or outside an area with a pending application to be declared such and Indigenous Peoples, whether as individuals, families or as a community, are among those to be resettled. 5. When land acquisition occurs outside an ancestral domain or an area with a pending application to be declared such and Indigenous Peoples are among those affected but no IPs will be removed from the locale and resettled elsewhere; and 6. When natural resources inside ancestral domains are extracted and used for civil works. B. THREE TYPES OF PROCEDURES: Given the public nature and benefit derived from infrastructure projects, the policy of the DPWH is for the IPs to voluntarily solicit and initiate an infrastructure project. For projects that the IPs without coercion, freely solicit and initiate inside or outside ancestral domain, there is obviously no requirement for a Free and Prior Informed Consent (FPIC). Chapter III or the Policy on Eligibility, Compensation and other Entitlements of this LARRIPP remains operative even in cases of voluntary solicitation or initiation. In general, no IPAP is required for projects that are voluntarily solicited or initiated by IPs. The project proponent will provide documentation that the projects have indeed been voluntarily and initiated or solicited by Indigenous Peoples. A representative of the NCIP should be invited and be present to witness that the consultation was indeed free from coercion or manipulation, gender and inter-generationally inclusive, and conducted with proper disclosure of information and in a manner appropriate to the social and cultural values of the affected IP communities and their condition. Voluntarily initiation and solicitation is subject to validation by the National Commission on Indigenous Peoples in conformity to IPRA and NCIP Administrative Order No. 1 or the Free and Prior, Informed Consent Guidelines of 2006. If an infrastructure project is not voluntarily initiated or solicited by the ICCs/IPs, the project proponent will work to enter into a separate Memorandum of Understanding (MOU) with the NCIP. In the absence of an agreement with the NCIP, the FPIC Guidelines of 2006 will apply only if an Ancestral Domain will be affected. Chapter II and III of this LARRIPP will guide the eligibility of affected IPs/ICCs, compensation, and other entitlements. Environmental and Social Services OfficeDepartment of Public Works and Highways February 2007 19

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