Land Acquisition, Resettlement, Rehabilitation and Indigenous Peoples’ Policy, 3rd edition (2007) In the event of non-consent by affected Indigenous Peoples in their ancestral domain, the procedure set forth in Part V, Section 27c of NCIP Administrative Order No.1 or the Free, Prior and Informed Consent Guidelines of 2006 shall apply.1 In the event ICCs/IPs outside of ancestral domains will be affected, Section D of this Chapter shall apply. Table IV.1: IP Location and Requirements for FPIC and IPAP Location Voluntarily initiated or solicited by IPs; Projects that are not voluntarily initiated or solicited by IPs Inside Ancestral Domain Outside Ancestral Domain Inside Ancestral Domain Outside Ancestral Domain Outside Ancestral Domain Requirement for FPIC None Requirement for IPAP None None None Yes MOA=IPAP None except for a special case discussed in Section 6.5.4 of this chapter None IPAP required IPAP C. LAND ACQUISITION INSIDE ANCESTRAL DOMAINS In the event land (including structures, improvements, crops, trees, and perennials) is to be acquired inside an ancestral domain, the DPWH and its agents shall observe the Free and Prior Informed Consent (FPIC) Guidelines of 2006 or the provisions of any agreement that the DPWH may have reached with the NCIP. The details of the FPIC Guidelines of 2006 are found in the Social and Environmental Management Systems (SEMS) Manual. 1 Part V Section 27c "Decision Meeting" of Administrative Order No.1 states: If the consensus is against the project, the leaders or elders will be required to submit their written decision in the form of a Resolution. Further, the applicant [the project proponent], may ask the council of elders/leaders to explain the decision. If the reasons for the denial of the consent is something that the applicant can readily address or a counterproposal or a new proposal is made by the applicant, the council of elders/leaders may require another period, if they desire, to re-consider their decision but in no case shall it exceed ten (10) days from the time of the first decision sought to be reconsidered. Environmental and Social Services OfficeDepartment of Public Works and Highways February 2007 20

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