ARTICLE II
DEFINITION OF TERMS
Section 6. In addition to the definition of terms in the IPRA and its IRR, the following
terms, as used in this Guidelines, are defined as follows:
a.
Indigenous Political Structures. It refers to organizational and cultural leadership
systems, institutions, relationships, patterns and processes for decision-making and
participation, identified and accepted by ICCs/IPs. The IPS shall be recognized as the
highest governing body with the IPO as its technical arm;
b. Indigenous Elder/Leader- Indigenous elders/leaders emerge from the dynamics of
customary laws and practices; they evolve from a lifestyle of conscious assertion and
practice of traditional values and beliefs. Hence, they are recognized authority on conflict
resolution and peace-building processes, on spiritual practices, rituals and ceremonials
and by doing so; they possess the attributes of wisdom and integrity. They lead and assist
the community in decision-making processes aimed at protecting and promoting the
sustainable development of their ancestral domains;
c. Registration. It is the operative act of granting juridical personality to members of
ICCs/IPs who organized themselves as independent IPOs which is accepted as their
representative as evidenced by a Certificate of Registration (CoR);
d.
Resettled ICCs/IPs. It refers to ICCs/IPs living outside their ancestral domain areas by
reason of internal displacement due to armed conflict, violence, extreme natural
disasters or government projects (e.g hydro-electric dams);
ARTICLE III
POWERS, DUTIES AND FUNCTIONS OF THE INDIGENOUS POLITICAL STRUCTURES
Section 7. Powers, Duties and Functions of the Indigenous Political Structures. The
ICCs/IPs through the elders/leaders of the IPS shall have these powers, duties and functions as
enumerated in the IPRA, but not limited to the following:
1. To formulate and implement
systems for the sustainable use,
protection and
conservation of the flora and fauna, watershed areas, sacred places and all other objects of
ritual and ecological importance in accordance with their indigenous knowledge systems
and practices (IKSPs), customary laws and traditions, and duly adopted ADSDPP, if any;
2. To revitalize and strengthen ICCs/IPs own institutions, systems and standards for
protecting their natural resources, taking into consideration the national minimum
standards. For this purpose, the ICCs/IPs may be authorized by the appropriate
government agency to exercise powers to prevent, apprehend and prosecute all persons
violating environmental and natural resources laws within ancestral domains in
accordance with Chapter XI, Section 72 of the IPRA;
3. To regulate activities that may adversely affect the ICCs/IPs’ airspace, bodies of water and
lands. Any violation of environmental laws adversely affecting the integrity of the ecological
systems in ancestral domains shall be sanctioned according to customary laws of the
ICCs/IPs concerned;
4. To help negotiate the terms and conditions for the exploration of natural resources in the
areas for the purpose of ensuring ecological, environmental protection and conservation
measures, pursuant to national and customary laws;
5. To uphold the Free and Prior Informed Consent (FPIC) process relative to all activities
involving the utilization, extraction or development of natural resources;
6. To assist the community to seek redress and or compensation for any loss, injury or
damage caused to its culture and the ancestral domain;
7. To
assist the community to source out, manage, disburse or use any funds,
appropriations or donations from any legal entity, for the development of the domain/land
and to ensure individual and collective accountability and responsibility for such funds,
appropriations or donations;
Page 3 of 9
NCIP Administrative Order No. 2, Series of 2012 (Confirmation of IPS & Registration of IPOs)