Professional Documents
Culture Documents
Fpic Ipra
Fpic Ipra
INTRODUCTION
In 1997, the Congress enacted
the RA 8371 also known as the
Indigenous Peoples Rights Act
(IPRA) which recognizes
indigenous peoples right to selfdetermination and provides
mechanisms for the protection of
indigenous ancestral domains and
all resources therein. The IPRA
adopted the concept of free and
prior informed consent (FPIC) as
a means to protect indigenous
rights and interests and give
LEGAL BASES
International Law
The
2007
United
Nations
Declaration on the Rights of
Indigenous
Peoples
(UN
Declaration) recognizes FPIC as
an aspect of indigenous peoples
right to property, their cultural
rights, and their right to selfdetermination.
IPRA
Sec. 2. Declaration of State
Policies
[b] The State shall protect the
rights of the ICCs/IPs to their
ancestral domains to ensure their
economic, social and cultural well
being and shall recognize the
applicability of customary laws
governing
property
rights
or
relations
in
determining
the
ownership and extent of ancestral
domain.
Sec. 59 Certification
Precondition
All
departments
and
other
governmental
agencies
shall
henceforth be strictly enjoined from
issuing, renewing, or granting any
concession, license or lease, or
entering into any production-sharing
agreement, without prior certification
from the NCIP that the area affected
does not overlap with any ancestral
domain.
Such certification shall only be
issued after a field-based investigation
is conducted by the Ancestral
Domains Office of the area concerned:
ACTIVITIES
COVERED
Extractive, Intrusive,
Large Scale Activities
a) Exploration, development,
exploitation, utilization of lands,
energy, mineral, forest, water,
marine air, and other natural
resources requiring permits,
licenses, lease contracts,
concession, or agreements (e.g.
production-sharing agreement
from the national or local
government agencies, including
feasibility studies related thereto;)
Regional
Regional
Office
Office
Application
CNO
CNO
FBI
FBI Proper
Proper
Pre-FPIC
Pre-FPIC
Conference
Conference
First
First
Community
Community
Assembly
Assembly
Second
Second
Community
Community
Assembly
Assembly
MOA
MOA Drafting
Drafting
Validation
Validation
Posting
Posting of
of
Bond
Bond
RRT
RRT
RD
RD
ADO
ADO
MOA
MOA Final
Final
Review
Review by
by LO
LO
Pre-FBI
Pre-FBI
Conference
Conference
Preparation
Preparation
of
of WFP
WFP &
&
Payment
Payment of
of
FBI
FBI
Consensus
Consensus
Building
Building
Period
Period
RN
Ro
RN
Ro
C
C
C
C
Request
Request for
for
Reconsiderati
Reconsiderati
on
on
Communi
Communi
ty
ty
Validatio
Validatio
n
n
Yes
No
Yes
No
Non-Extractive/SmallScale Activities
a) Non-extractive exploitation and
utilization of natural resources;
b) Programs, plans, activities not
covered under in the
enumeration above;
c) Activities not requiring
government permits
d) Feasibility studies on subject
not covered under the not
covered by the enumeration
above
e) Other Small Scale Quarrying;
Application
Regional
Regional
Office
Office
Negotiation
Negotiation
First
First Meeting
Meeting
Consensus
Consensus
Building
Building
Period
Period
Commissio
Commissio
ner
ner
RD
RD
(Issuanc
(Issuanc
e
e of
of CP)
CP)
Chairperso
Chairperso
n
n (for
(for
confirmati
confirmati
on)
on)
RNC
RNC
RoC
RoC
Decision
Decision
Meeting
Meeting
OTHER ACTIVITIES
Community Solicited/Initiated
Project
Programs, projects and activities
solicited or initiated by the
concerned ICCs/IPs themselves
where the activity is strictly for
the delivery of basic services to
be undertaken within or affecting
the ancestral domain, do not
require compliance with the
FBI/FPIC requirement, however,
they shall be subjected to a
validation process.
SALIENT PROVISIONS
Memorandum of Agreement
(MOA)
This document shall embody the
provisions
agreed
upon
in
the
negotiations including the payment of
royalties to the IPs/ICCs. A community
master plan on the use of royalties and
other benefits must be incorporated or
accompany the MOA. It shall exclude
Corporate Social Responsibilities as
part of the negotiations since these
are provided by law.
Simultaneous Application
No two (2) or more applications of
similar
subject
shall
be
simultaneously entertained at any
given time covering the same
area while an application is being
processed therein, neither shall
another be given due course
while a previous application is
being processed.
Applicability of Customary
Laws
Customary laws and practices
shall be primary consideration in
all
issues
surrounding
the
including
sanctions
may
be
imposed in accordance therein.
PROHIBITED
ACTS
The Applicant
Among others: Employment of
threat, coercion, or intimidation;
Bribery.
NCIP Officer or Employee
Acceptance or receipt of money,
gifts, or any valuable things from
the applicant; Use of falsified
narration of facts.
IP community or member
and/or Elder/leader
Solicitation and acceptance or
receipt of gifts, money or other
valuable things from the applicant;
consorting or mediating with the
applicant to unduly influence the
result of the FPIC Process.
NGOs/ CSO/,GAs/LGUs/Other
Groups
Undue influence or interference with
the FPIC process or to the community.
END