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Second Land Administration and
Management Project-Additional
Financing (P127962)
For
Indigenous Peoples Policy Framework
June 7 2012
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5 INDIGENOUS PEOPLeS POLICY FRAMEWORK
Introduction
This Policy Framework for In~~ Peoples for the Land Administration and Man t Project defines the objectives of the Framework identifieswno 1ndigenous ~J are sets-qufdeJines for meaningful consultation ~ with IPs Q take ptace tdampntifies the mechanismS and processes to ensure thellfideUnes atefGlIOWed s the requirements for coordination supervision nd monitoring orcompUanoe to the Policy Framework and provides theSUtps that can be undertak$n to resolve complaints emanating from IP communities
The updating of thiS framework Is dOne to ensute qompJiance to Operational Policy 410 WbiCb was ~ bull OperationatOiroCtlve 420 during LAMP2 With the Additionat FinanCing there are sUm Chances that the framework will be triggerec1by AF poltciesabeitthis fram~is applicable to rolklut sites using regular funds In adltlftiM the decision WiN be maintained that lands within anoes~Ldomains win not betfUed by LAMP because there is another agency respo~e for that
As a policy theP~ ShalJ 8OS+ftBthatlflmgenoua Peoples are informed meaningfully cofi$ltted and mobi~t()~pate in lAMP Project activities especially~their ancestral dOmaJl)daims are affected Their participation wiU enable IPs to receive CUlturally compatible social and economic ~nefits withmore __in~ andorprutectthem from any potential adverse impacts Of any deV8IOpment activity~~ Of rese~ WOrk to be financed by the Project
Conunsua of aU iP members ~ must be determined in
accordance with their respective laws an4~esJ free from any external maniputation intetferenltraquolUld coercion andobtatned after fully disClosing ttle intent and scope of the Project ~~ It is noted that English is understandable to the IPampin the Phifippines
Project contact wntlthelndigenousPeQpIes is expected as the Project attempts to address iS$U6S associated Wlth the demaroation of forest boundaries and the sEdttement of cornpetii~ms where IPs have likewtse decand ownenhlp for such lands ~P ~ons want a clear deUneation of public and private domainincluding alienable and disposable lands
Project implemeatation ~eod local government units must ensure at alf times that deVelopment pmceSSes implemented by the Project foster full respect for the Indigenous Peoples dignity human rights and cultural uniqueness
LAMP2 Additional Financing hssno infrastructure or related subprojects wiU damage nonmiddotrepliCable cufturaI proPerty
DefinffJon of fndtgenousPeopfeS
Indigenous Peop~ refer to a Qroup of peope or homogenous societies that can be ~nl1ied in P~ geographical areas by the presence in varying degrees of the fotlowing Characteristics
raquo self-identification as membersef a distinct indigenous cultural group and recognition of this identifY by others
coUectJve attachment to Uy distinct habitats or ancestral tenitonss in the p area and to the naturat resources in thesa habitats and tenitorIes
customary cultural economic sociat or political In$titutions that aramp separate from those of the dominant society andculture~ and
raquo an indigenous language often different from the offielal language of the country or region
Legal Framework
rne Policy Framework and Procedurat Guidelines for indigenous Peepl_ are prepa~ ~~middotthe context of yvona Bank opemtiOi1aI PoliCy 41 Owhich instructs Ba(l~~ proj~ to give protection 10 IPs With regards to mitigating poSsible adverse ~cts (If investments and which requires the~ve(opmentGfan Indigenous PeopfeS Oampvelopment Plsn should Bankmiddotassisted projects prove to have such impsct$on IP populatiOns
The Guidelines $IqRCrt the priority gten to IPs by the Govemment of the Philjppines (GOP) fi~hrined in its 1S$1 Constitution whiCh recognize the rights of the Ps to ttSltraneestral domains and their power of dominion Qver their lanai and ~u~ Among iii porUnentprovisions are
1 Section 17 Art XJV bullcusto~IYws (JOV6mfngpro~rty rfghtS or relations shaH be applied in de$nnining the ownershlpand
extent of ancestml domains
2 Section 22 Art If the rights 9~ indigenous peoples to natuml resouroespettafning to their landBShall be safeguarded II These rlahto IMl~~th~ rivnt qf ~~JP ~Q PQrHciFt~ in thQ middot~QQI management ana conservation Of natural resources
3 Section 5 Art XII The right to stay in their territory and not be removed therefrom except wnen relocation is necessary as an exceptional measure as in the case of an ecological disaster or armed conflict IPs have a right to retum to their territories once the ground for relocation ceases
Another nationally-teQislated instrument protecting the rigbts of IPs is the Indigenous Peoples Alghts Act (Republic Act 8371) wnichstate certain requirements in activities and programs a1fecting the Indigenous Peopfes Some relevant provisions indude
1 Chapter III section 7b IPs have the tight to an Informed and intelligent participation in the formation and implementation of any project government or private that wHI impact on their ancestral domain
2 Chapter IV Section 16 lPsl1ave the right to participate in decision-making in aU mattersWNoh may affect their lights lives and destinies through procedure detennined by them as welt as to maintain and develop their own indigenous poUucat structures
Guideltnes for the Consultatione
bull The conduct of field-based investigaiyengtn and the process of obtaining the Free and Prior Informed Consent (FPIC) shaJi take into consideration the primary and custamary practlces of consensus building and shatlconfonn to the Free and Prior Informed Consent (FPIC) Guidelin~~906 of the NatiOnal Commission Qflndigenous Peoples (NCIP) AdmiriiStrative OrdampiNo81 series of 2006 which it currently in operations A similar Admmistrative Order (AO NO3 series of 2012) which incorporated the royalty sharing from extractive proJects is already in the process of pUbHcatton and wUI soon become effective The folloWing suldefines shJll bff fOllowed in the conduct of consultation activitieslAMP Should qettloy competent Project partners who can relatel communicate wett with the IPs
bull AU presentations to IPs must be conducted in their native language
bull All interactions wttncommunities musttgte documented With copies of documentation fumis~ to the provirttial pro and the regional Project Management Offices and the IP Tribatteaders
bull In the unlikely evEtOt that project ac~poseadve($e impacts on the social economic political and cultural $ of these communities IPs must be informed of their rights to nsation Compensation for fand and ottw as~~ to be ~ tttIow the Projeets poticy on 9imFt11i~1 RQuI~n mIt1tJ~ffl9nt
bull Action plans must be drawn with 1ft participation inClUding activities to monitor and evaluate mitigation InMtUf6S for pereeNed negatiVe impacts and delivery ofcompensation commitments
Coordination SupervISion and Monitoring
To ensure compliance by concerned Project stakehOtdersto the GujQelines set forth in this Poticy F~lmiddotmiddotmiddot~ foowing mecttanisms and processes will be implemented during Project impfementation
gt The pea will facilitate the delibetateindusion of NCIP andor IP representatiVes to the various tnterencycommittees at different levels of the Prqiect whale ProI8CtloCaUo fndlc8lB pre oflPcommu
The pea win monitor implementation ~ based on a blanket memorandum issued fast March 5 2012 to all implementing units on safeguards titting procedures that should be folloWed inclUding 1tlO$amp consistent to the LAMP2 IP Planning FrameWOrk as updated by the WOrld Banks Operational Policy 4 10
raquo Community profiling activities will inctude JP groups if they are present in the Prolect target sites even if they are not the dominant population
) Supervision viSits by the RegiOnal Field Impiementing UnUs concerned shan include NCfP andor IP representatIves
) Supportive monttoring visits will be done regular1y by the concerned ~al Field tmplementing Untts wth NCIP andlor rp representatiVes to
o verify whether the guidelines tor meaningful consuttatkms with I P populations are folowed and
o validate wt1(tt)er funds fOr oopJpensatlon (if applicabfe) are provided in a timely manner aaa that the amounts retested a1amp suffICIent for their purposes and
o determine Wbett1er agreements With IPs tn previoUs meetings have been implemented as committed
Documentation 018pound1 meetings assembties and other gatherings involving IP communities win be done hy the rekWant Projeot Implementation Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
5 INDIGENOUS PEOPLeS POLICY FRAMEWORK
Introduction
This Policy Framework for In~~ Peoples for the Land Administration and Man t Project defines the objectives of the Framework identifieswno 1ndigenous ~J are sets-qufdeJines for meaningful consultation ~ with IPs Q take ptace tdampntifies the mechanismS and processes to ensure thellfideUnes atefGlIOWed s the requirements for coordination supervision nd monitoring orcompUanoe to the Policy Framework and provides theSUtps that can be undertak$n to resolve complaints emanating from IP communities
The updating of thiS framework Is dOne to ensute qompJiance to Operational Policy 410 WbiCb was ~ bull OperationatOiroCtlve 420 during LAMP2 With the Additionat FinanCing there are sUm Chances that the framework will be triggerec1by AF poltciesabeitthis fram~is applicable to rolklut sites using regular funds In adltlftiM the decision WiN be maintained that lands within anoes~Ldomains win not betfUed by LAMP because there is another agency respo~e for that
As a policy theP~ ShalJ 8OS+ftBthatlflmgenoua Peoples are informed meaningfully cofi$ltted and mobi~t()~pate in lAMP Project activities especially~their ancestral dOmaJl)daims are affected Their participation wiU enable IPs to receive CUlturally compatible social and economic ~nefits withmore __in~ andorprutectthem from any potential adverse impacts Of any deV8IOpment activity~~ Of rese~ WOrk to be financed by the Project
Conunsua of aU iP members ~ must be determined in
accordance with their respective laws an4~esJ free from any external maniputation intetferenltraquolUld coercion andobtatned after fully disClosing ttle intent and scope of the Project ~~ It is noted that English is understandable to the IPampin the Phifippines
Project contact wntlthelndigenousPeQpIes is expected as the Project attempts to address iS$U6S associated Wlth the demaroation of forest boundaries and the sEdttement of cornpetii~ms where IPs have likewtse decand ownenhlp for such lands ~P ~ons want a clear deUneation of public and private domainincluding alienable and disposable lands
Project implemeatation ~eod local government units must ensure at alf times that deVelopment pmceSSes implemented by the Project foster full respect for the Indigenous Peoples dignity human rights and cultural uniqueness
LAMP2 Additional Financing hssno infrastructure or related subprojects wiU damage nonmiddotrepliCable cufturaI proPerty
DefinffJon of fndtgenousPeopfeS
Indigenous Peop~ refer to a Qroup of peope or homogenous societies that can be ~nl1ied in P~ geographical areas by the presence in varying degrees of the fotlowing Characteristics
raquo self-identification as membersef a distinct indigenous cultural group and recognition of this identifY by others
coUectJve attachment to Uy distinct habitats or ancestral tenitonss in the p area and to the naturat resources in thesa habitats and tenitorIes
customary cultural economic sociat or political In$titutions that aramp separate from those of the dominant society andculture~ and
raquo an indigenous language often different from the offielal language of the country or region
Legal Framework
rne Policy Framework and Procedurat Guidelines for indigenous Peepl_ are prepa~ ~~middotthe context of yvona Bank opemtiOi1aI PoliCy 41 Owhich instructs Ba(l~~ proj~ to give protection 10 IPs With regards to mitigating poSsible adverse ~cts (If investments and which requires the~ve(opmentGfan Indigenous PeopfeS Oampvelopment Plsn should Bankmiddotassisted projects prove to have such impsct$on IP populatiOns
The Guidelines $IqRCrt the priority gten to IPs by the Govemment of the Philjppines (GOP) fi~hrined in its 1S$1 Constitution whiCh recognize the rights of the Ps to ttSltraneestral domains and their power of dominion Qver their lanai and ~u~ Among iii porUnentprovisions are
1 Section 17 Art XJV bullcusto~IYws (JOV6mfngpro~rty rfghtS or relations shaH be applied in de$nnining the ownershlpand
extent of ancestml domains
2 Section 22 Art If the rights 9~ indigenous peoples to natuml resouroespettafning to their landBShall be safeguarded II These rlahto IMl~~th~ rivnt qf ~~JP ~Q PQrHciFt~ in thQ middot~QQI management ana conservation Of natural resources
3 Section 5 Art XII The right to stay in their territory and not be removed therefrom except wnen relocation is necessary as an exceptional measure as in the case of an ecological disaster or armed conflict IPs have a right to retum to their territories once the ground for relocation ceases
Another nationally-teQislated instrument protecting the rigbts of IPs is the Indigenous Peoples Alghts Act (Republic Act 8371) wnichstate certain requirements in activities and programs a1fecting the Indigenous Peopfes Some relevant provisions indude
1 Chapter III section 7b IPs have the tight to an Informed and intelligent participation in the formation and implementation of any project government or private that wHI impact on their ancestral domain
2 Chapter IV Section 16 lPsl1ave the right to participate in decision-making in aU mattersWNoh may affect their lights lives and destinies through procedure detennined by them as welt as to maintain and develop their own indigenous poUucat structures
Guideltnes for the Consultatione
bull The conduct of field-based investigaiyengtn and the process of obtaining the Free and Prior Informed Consent (FPIC) shaJi take into consideration the primary and custamary practlces of consensus building and shatlconfonn to the Free and Prior Informed Consent (FPIC) Guidelin~~906 of the NatiOnal Commission Qflndigenous Peoples (NCIP) AdmiriiStrative OrdampiNo81 series of 2006 which it currently in operations A similar Admmistrative Order (AO NO3 series of 2012) which incorporated the royalty sharing from extractive proJects is already in the process of pUbHcatton and wUI soon become effective The folloWing suldefines shJll bff fOllowed in the conduct of consultation activitieslAMP Should qettloy competent Project partners who can relatel communicate wett with the IPs
bull AU presentations to IPs must be conducted in their native language
bull All interactions wttncommunities musttgte documented With copies of documentation fumis~ to the provirttial pro and the regional Project Management Offices and the IP Tribatteaders
bull In the unlikely evEtOt that project ac~poseadve($e impacts on the social economic political and cultural $ of these communities IPs must be informed of their rights to nsation Compensation for fand and ottw as~~ to be ~ tttIow the Projeets poticy on 9imFt11i~1 RQuI~n mIt1tJ~ffl9nt
bull Action plans must be drawn with 1ft participation inClUding activities to monitor and evaluate mitigation InMtUf6S for pereeNed negatiVe impacts and delivery ofcompensation commitments
Coordination SupervISion and Monitoring
To ensure compliance by concerned Project stakehOtdersto the GujQelines set forth in this Poticy F~lmiddotmiddotmiddot~ foowing mecttanisms and processes will be implemented during Project impfementation
gt The pea will facilitate the delibetateindusion of NCIP andor IP representatiVes to the various tnterencycommittees at different levels of the Prqiect whale ProI8CtloCaUo fndlc8lB pre oflPcommu
The pea win monitor implementation ~ based on a blanket memorandum issued fast March 5 2012 to all implementing units on safeguards titting procedures that should be folloWed inclUding 1tlO$amp consistent to the LAMP2 IP Planning FrameWOrk as updated by the WOrld Banks Operational Policy 4 10
raquo Community profiling activities will inctude JP groups if they are present in the Prolect target sites even if they are not the dominant population
) Supervision viSits by the RegiOnal Field Impiementing UnUs concerned shan include NCfP andor IP representatIves
) Supportive monttoring visits will be done regular1y by the concerned ~al Field tmplementing Untts wth NCIP andlor rp representatiVes to
o verify whether the guidelines tor meaningful consuttatkms with I P populations are folowed and
o validate wt1(tt)er funds fOr oopJpensatlon (if applicabfe) are provided in a timely manner aaa that the amounts retested a1amp suffICIent for their purposes and
o determine Wbett1er agreements With IPs tn previoUs meetings have been implemented as committed
Documentation 018pound1 meetings assembties and other gatherings involving IP communities win be done hy the rekWant Projeot Implementation Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
accordance with their respective laws an4~esJ free from any external maniputation intetferenltraquolUld coercion andobtatned after fully disClosing ttle intent and scope of the Project ~~ It is noted that English is understandable to the IPampin the Phifippines
Project contact wntlthelndigenousPeQpIes is expected as the Project attempts to address iS$U6S associated Wlth the demaroation of forest boundaries and the sEdttement of cornpetii~ms where IPs have likewtse decand ownenhlp for such lands ~P ~ons want a clear deUneation of public and private domainincluding alienable and disposable lands
Project implemeatation ~eod local government units must ensure at alf times that deVelopment pmceSSes implemented by the Project foster full respect for the Indigenous Peoples dignity human rights and cultural uniqueness
LAMP2 Additional Financing hssno infrastructure or related subprojects wiU damage nonmiddotrepliCable cufturaI proPerty
DefinffJon of fndtgenousPeopfeS
Indigenous Peop~ refer to a Qroup of peope or homogenous societies that can be ~nl1ied in P~ geographical areas by the presence in varying degrees of the fotlowing Characteristics
raquo self-identification as membersef a distinct indigenous cultural group and recognition of this identifY by others
coUectJve attachment to Uy distinct habitats or ancestral tenitonss in the p area and to the naturat resources in thesa habitats and tenitorIes
customary cultural economic sociat or political In$titutions that aramp separate from those of the dominant society andculture~ and
raquo an indigenous language often different from the offielal language of the country or region
Legal Framework
rne Policy Framework and Procedurat Guidelines for indigenous Peepl_ are prepa~ ~~middotthe context of yvona Bank opemtiOi1aI PoliCy 41 Owhich instructs Ba(l~~ proj~ to give protection 10 IPs With regards to mitigating poSsible adverse ~cts (If investments and which requires the~ve(opmentGfan Indigenous PeopfeS Oampvelopment Plsn should Bankmiddotassisted projects prove to have such impsct$on IP populatiOns
The Guidelines $IqRCrt the priority gten to IPs by the Govemment of the Philjppines (GOP) fi~hrined in its 1S$1 Constitution whiCh recognize the rights of the Ps to ttSltraneestral domains and their power of dominion Qver their lanai and ~u~ Among iii porUnentprovisions are
1 Section 17 Art XJV bullcusto~IYws (JOV6mfngpro~rty rfghtS or relations shaH be applied in de$nnining the ownershlpand
extent of ancestml domains
2 Section 22 Art If the rights 9~ indigenous peoples to natuml resouroespettafning to their landBShall be safeguarded II These rlahto IMl~~th~ rivnt qf ~~JP ~Q PQrHciFt~ in thQ middot~QQI management ana conservation Of natural resources
3 Section 5 Art XII The right to stay in their territory and not be removed therefrom except wnen relocation is necessary as an exceptional measure as in the case of an ecological disaster or armed conflict IPs have a right to retum to their territories once the ground for relocation ceases
Another nationally-teQislated instrument protecting the rigbts of IPs is the Indigenous Peoples Alghts Act (Republic Act 8371) wnichstate certain requirements in activities and programs a1fecting the Indigenous Peopfes Some relevant provisions indude
1 Chapter III section 7b IPs have the tight to an Informed and intelligent participation in the formation and implementation of any project government or private that wHI impact on their ancestral domain
2 Chapter IV Section 16 lPsl1ave the right to participate in decision-making in aU mattersWNoh may affect their lights lives and destinies through procedure detennined by them as welt as to maintain and develop their own indigenous poUucat structures
Guideltnes for the Consultatione
bull The conduct of field-based investigaiyengtn and the process of obtaining the Free and Prior Informed Consent (FPIC) shaJi take into consideration the primary and custamary practlces of consensus building and shatlconfonn to the Free and Prior Informed Consent (FPIC) Guidelin~~906 of the NatiOnal Commission Qflndigenous Peoples (NCIP) AdmiriiStrative OrdampiNo81 series of 2006 which it currently in operations A similar Admmistrative Order (AO NO3 series of 2012) which incorporated the royalty sharing from extractive proJects is already in the process of pUbHcatton and wUI soon become effective The folloWing suldefines shJll bff fOllowed in the conduct of consultation activitieslAMP Should qettloy competent Project partners who can relatel communicate wett with the IPs
bull AU presentations to IPs must be conducted in their native language
bull All interactions wttncommunities musttgte documented With copies of documentation fumis~ to the provirttial pro and the regional Project Management Offices and the IP Tribatteaders
bull In the unlikely evEtOt that project ac~poseadve($e impacts on the social economic political and cultural $ of these communities IPs must be informed of their rights to nsation Compensation for fand and ottw as~~ to be ~ tttIow the Projeets poticy on 9imFt11i~1 RQuI~n mIt1tJ~ffl9nt
bull Action plans must be drawn with 1ft participation inClUding activities to monitor and evaluate mitigation InMtUf6S for pereeNed negatiVe impacts and delivery ofcompensation commitments
Coordination SupervISion and Monitoring
To ensure compliance by concerned Project stakehOtdersto the GujQelines set forth in this Poticy F~lmiddotmiddotmiddot~ foowing mecttanisms and processes will be implemented during Project impfementation
gt The pea will facilitate the delibetateindusion of NCIP andor IP representatiVes to the various tnterencycommittees at different levels of the Prqiect whale ProI8CtloCaUo fndlc8lB pre oflPcommu
The pea win monitor implementation ~ based on a blanket memorandum issued fast March 5 2012 to all implementing units on safeguards titting procedures that should be folloWed inclUding 1tlO$amp consistent to the LAMP2 IP Planning FrameWOrk as updated by the WOrld Banks Operational Policy 4 10
raquo Community profiling activities will inctude JP groups if they are present in the Prolect target sites even if they are not the dominant population
) Supervision viSits by the RegiOnal Field Impiementing UnUs concerned shan include NCfP andor IP representatIves
) Supportive monttoring visits will be done regular1y by the concerned ~al Field tmplementing Untts wth NCIP andlor rp representatiVes to
o verify whether the guidelines tor meaningful consuttatkms with I P populations are folowed and
o validate wt1(tt)er funds fOr oopJpensatlon (if applicabfe) are provided in a timely manner aaa that the amounts retested a1amp suffICIent for their purposes and
o determine Wbett1er agreements With IPs tn previoUs meetings have been implemented as committed
Documentation 018pound1 meetings assembties and other gatherings involving IP communities win be done hy the rekWant Projeot Implementation Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
extent of ancestml domains
2 Section 22 Art If the rights 9~ indigenous peoples to natuml resouroespettafning to their landBShall be safeguarded II These rlahto IMl~~th~ rivnt qf ~~JP ~Q PQrHciFt~ in thQ middot~QQI management ana conservation Of natural resources
3 Section 5 Art XII The right to stay in their territory and not be removed therefrom except wnen relocation is necessary as an exceptional measure as in the case of an ecological disaster or armed conflict IPs have a right to retum to their territories once the ground for relocation ceases
Another nationally-teQislated instrument protecting the rigbts of IPs is the Indigenous Peoples Alghts Act (Republic Act 8371) wnichstate certain requirements in activities and programs a1fecting the Indigenous Peopfes Some relevant provisions indude
1 Chapter III section 7b IPs have the tight to an Informed and intelligent participation in the formation and implementation of any project government or private that wHI impact on their ancestral domain
2 Chapter IV Section 16 lPsl1ave the right to participate in decision-making in aU mattersWNoh may affect their lights lives and destinies through procedure detennined by them as welt as to maintain and develop their own indigenous poUucat structures
Guideltnes for the Consultatione
bull The conduct of field-based investigaiyengtn and the process of obtaining the Free and Prior Informed Consent (FPIC) shaJi take into consideration the primary and custamary practlces of consensus building and shatlconfonn to the Free and Prior Informed Consent (FPIC) Guidelin~~906 of the NatiOnal Commission Qflndigenous Peoples (NCIP) AdmiriiStrative OrdampiNo81 series of 2006 which it currently in operations A similar Admmistrative Order (AO NO3 series of 2012) which incorporated the royalty sharing from extractive proJects is already in the process of pUbHcatton and wUI soon become effective The folloWing suldefines shJll bff fOllowed in the conduct of consultation activitieslAMP Should qettloy competent Project partners who can relatel communicate wett with the IPs
bull AU presentations to IPs must be conducted in their native language
bull All interactions wttncommunities musttgte documented With copies of documentation fumis~ to the provirttial pro and the regional Project Management Offices and the IP Tribatteaders
bull In the unlikely evEtOt that project ac~poseadve($e impacts on the social economic political and cultural $ of these communities IPs must be informed of their rights to nsation Compensation for fand and ottw as~~ to be ~ tttIow the Projeets poticy on 9imFt11i~1 RQuI~n mIt1tJ~ffl9nt
bull Action plans must be drawn with 1ft participation inClUding activities to monitor and evaluate mitigation InMtUf6S for pereeNed negatiVe impacts and delivery ofcompensation commitments
Coordination SupervISion and Monitoring
To ensure compliance by concerned Project stakehOtdersto the GujQelines set forth in this Poticy F~lmiddotmiddotmiddot~ foowing mecttanisms and processes will be implemented during Project impfementation
gt The pea will facilitate the delibetateindusion of NCIP andor IP representatiVes to the various tnterencycommittees at different levels of the Prqiect whale ProI8CtloCaUo fndlc8lB pre oflPcommu
The pea win monitor implementation ~ based on a blanket memorandum issued fast March 5 2012 to all implementing units on safeguards titting procedures that should be folloWed inclUding 1tlO$amp consistent to the LAMP2 IP Planning FrameWOrk as updated by the WOrld Banks Operational Policy 4 10
raquo Community profiling activities will inctude JP groups if they are present in the Prolect target sites even if they are not the dominant population
) Supervision viSits by the RegiOnal Field Impiementing UnUs concerned shan include NCfP andor IP representatIves
) Supportive monttoring visits will be done regular1y by the concerned ~al Field tmplementing Untts wth NCIP andlor rp representatiVes to
o verify whether the guidelines tor meaningful consuttatkms with I P populations are folowed and
o validate wt1(tt)er funds fOr oopJpensatlon (if applicabfe) are provided in a timely manner aaa that the amounts retested a1amp suffICIent for their purposes and
o determine Wbett1er agreements With IPs tn previoUs meetings have been implemented as committed
Documentation 018pound1 meetings assembties and other gatherings involving IP communities win be done hy the rekWant Projeot Implementation Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
bull In the unlikely evEtOt that project ac~poseadve($e impacts on the social economic political and cultural $ of these communities IPs must be informed of their rights to nsation Compensation for fand and ottw as~~ to be ~ tttIow the Projeets poticy on 9imFt11i~1 RQuI~n mIt1tJ~ffl9nt
bull Action plans must be drawn with 1ft participation inClUding activities to monitor and evaluate mitigation InMtUf6S for pereeNed negatiVe impacts and delivery ofcompensation commitments
Coordination SupervISion and Monitoring
To ensure compliance by concerned Project stakehOtdersto the GujQelines set forth in this Poticy F~lmiddotmiddotmiddot~ foowing mecttanisms and processes will be implemented during Project impfementation
gt The pea will facilitate the delibetateindusion of NCIP andor IP representatiVes to the various tnterencycommittees at different levels of the Prqiect whale ProI8CtloCaUo fndlc8lB pre oflPcommu
The pea win monitor implementation ~ based on a blanket memorandum issued fast March 5 2012 to all implementing units on safeguards titting procedures that should be folloWed inclUding 1tlO$amp consistent to the LAMP2 IP Planning FrameWOrk as updated by the WOrld Banks Operational Policy 4 10
raquo Community profiling activities will inctude JP groups if they are present in the Prolect target sites even if they are not the dominant population
) Supervision viSits by the RegiOnal Field Impiementing UnUs concerned shan include NCfP andor IP representatIves
) Supportive monttoring visits will be done regular1y by the concerned ~al Field tmplementing Untts wth NCIP andlor rp representatiVes to
o verify whether the guidelines tor meaningful consuttatkms with I P populations are folowed and
o validate wt1(tt)er funds fOr oopJpensatlon (if applicabfe) are provided in a timely manner aaa that the amounts retested a1amp suffICIent for their purposes and
o determine Wbett1er agreements With IPs tn previoUs meetings have been implemented as committed
Documentation 018pound1 meetings assembties and other gatherings involving IP communities win be done hy the rekWant Projeot Implementation Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
tiJiL 00 -
Complaints and Grieyances
All complaints and grievances must Qe discussed in the specific lP community where PlQjett middotacUvities aRiJ H1ng implemented The local leadership of the sutteyCoundl togwith the legitimAtdrecognized Tribal leaders of the ~edMeaS willbamp~ to facilitate pUblic h6800gs and negotiations to provkJeresolutions to the grievance filed
Where necessarybull an outside arbiter Prftlrably from the NCiP or the Office of Southern CuituralCommunities (OSCC)for Mindanao ARMM areas will be invited to participate in the resolution of the grievance
If negotiations stall~or it the IP communities disagree with the solutions or options offered duringtbe negotiationst tbe IP group can _vate tbe issue to the Provincial I~lon Offices of tllemiddot t=tr0iect withmiddot copies of the communicationsfumishedthe nearest NCIPProvindal ServiCe Centers
Should reSOlutions recommended by the Project Provincial Implementation Unit be unacceptable to the IPeommunity conoemed they can elevate the concern to the middotmiddotRegiona( FISfd Implementation Officesot the Project with copies furnished the Office of the Regional NCIP If theprob1em remains unresolved the problem is elevated to the Nationa Project COordinating Office with copies of the communication fumiShed the NCtP Central Office
