“Forging partnership for rights-based development of the Indigenous Peoples”

FREE AND PRIOR INFORMED

CONSENT

ATTY. JOANNE P. GRADO

#solidarityforIPdevelopment
Statutory Basis
Section 17, Article XIV of the 1987 Philippine
Constitution also provides that the State shall
recognize, respect, and protect the rights of
indigenous cultural communities to preserve and
develop their cultures, traditions, and institutions. It
shall consider these rights in the formulation of
national plans and policies.
 ACTIVITIES COVERED

• Extractive/Intrusive/Large Scale
Activities

• Non-Extractive/Small Scale Activities

 EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES

• USE OF NATURAL RESOURCES REQUIRING PERMITS AND LICENSES

• LEADS TO DISPLACEMENT OR RELOCATION OF ICCs/IPs
• RESETTLEMENT PROGRAMS THAT INTRODUCE MIGRANTS
• MANAGEMENT OF PROTECTED AREAS
• BIO-PROSPECTING
• ACTIVITIES THAT WOULD AFFECT THEIR SPRITUAL AND RELIGIOUS
TRADITIONS
• ESTABLISHMENT OF ECONOMIC ZONES
• LARGE SCALE AGRICULTURAL AND FORESTRY MANAGEMENT PROJECTS
• CARBON TRADING
• LARGE SCALE TOURISM PROJECTS
• ESTABLISHMENT OF MILITARY FACILITIES
• OTHER ANALOGOUS ACTIVITIES
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 APPLICATION

ENDORSED DIRECT

CERTIFICATE
PRECONDITION

DOCUMENTS REQUIRED
 COMPANY AND PROJECT PROFILE  SOCIO-ECONIMIC IMPACT STATEMENT
 NATURE AND PURPOSE OF THE PROJECT  BUDGET
 LOCATION WITH AN INDICATIVE MAP  PERSONS INVOLVED
SHOWING THE NAMES OF THE  OPERATIONAL PLAN
BARANGAYS THAT WILL BE AFFECTED  PROFILE OF THE APPLICANT
 DURATION
 ABSTRACT OF THE PROPOSED PROJECT
• SIZE, SCOPE, REVERSIBILITY
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 PRE-FBI
CONFERENCE

 CONSTITUTION AND COMPOSITION OF THE FBI TEAM

 DUTIES AND FUNCTIONS OF THE FBI TEAM
 MATTERS TO BE TAKEN
 NON-APPEARANCE AT PRE-FBI CONFERENCE AND
NON-PAYMENT OF FBI FEE
 PRE-FBI
CONFERENCE

THE FBI TEAM DUTIES AND FUNCTIONS

 COMMUNITY DEVELOPMENT  CONSULT WITH THE AD
OFFICER, AS TEAM LEADER REPRESENTATIVE.
 FBI PROVINCIAL FOCAL PERSON  CONDUCT PRE-FBI CONFERENCE WITH
PROPONENT, PREPARE WFP FOR THE FBI.
 (1) ONE FROM THE
 DETERMINE THE PARTICULAR AREA THAT
COMMUNITY SERVICE CENTER WILL BE AFFECTED.
 (2) TWO IP LEADERS/ELDERS  IDENTIFY THE ELDERS/LEADERS,
IDENTIFIED BY THE DETERMINE PRESENCE OF
COMMUNITY SERVICE CENTER DISPUTES/CONFLICTS.
 SUBMIT A REPORT WITH
RECOMMENDATION TO RD
 PERFORM OTHER FUNCTIONS AS MAY BE
DIRECTED BY HIGHER AUTHORITIES.
 PRE-FBI
CONFERENCE

MATTERS TO BE TAKEN
REQUIREMENTS OF THE FBI PROCESS
INFORMATION OF THE APPLICANT
PROJECT PROFILE
WORK AND FINANCIAL PLAN
OTHER IMPORTANT MATTERS THAT MAY BE
AGREED UPON
 PRE-FBI
CONFERENCE

NON-APPEARANCE TO PRE-FBI/PRE-FPIC AND

NON PAYMENT OF FBI/FPIC FEE

• SCHEDULING OF ANOTHER CONFERENCE

• SHOW CAUSE ORDER
• SUSPENSION AND/OR CANCELLATION
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 FBI
PROPER

COMMENCEMENT AND CONDUCT OF THE FBI

FIELD BASED INVESTIGATION REPORT
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 PRE-FPIC
CONFERENCE

 THE FPIC TEAM

 DUTIES AND FUNCTIONS OF THE FPIC TEAM
 MATTERS TO BE TAKEN
 PRE-FPIC
CONFERENCE

DUTIES AND
FPIC TEAM FUNCTIONS
• VALIDATE THE FF:
 PROVINCIAL OFFICER, AS TEAM – FBI REPORT
LEADER – IDENTITY OF THE IP
 PROVINCIAL LEGAL OFFICER LEADERS/ELDERS SELECTED
 ONE (1) ENGINEER FROM – DECISION-MAKING PROCESS
PROVINCIAL/REGIONAL OFFICE – CENSUS OF THE IPs/MIGRANT IPs
 HEAD OF THE FBI TEAM – AREA AFFECTED
 TWO (2) IP/LEADERS/ELDERS – EXISTENCE OF BOUNDARY
SELECTED BY THE COMMUNITY CONFLICT
DURING THE FIRST ASSEMBLY • DOCUMENTATION AND
FACILITATION OF THE FPIC PROCESS
• ORIENT THE PARTICIPANTS OF THE
IPRA LAW
 PRE-FPIC
CONFERENCE

MATTERS TO BE TAKEN
 FBI REPORT  SUBMISSION BY THE APPLICANT
 FINALIZATION AND APPROVAL OF AN ENVIRONMENTAL AND
OF THE WFP SOCIO-CULTURAL IMPACT
STATEMENT AND HOW TO
 DEPOSIT OF FPIC FEE ADDRESS THE EFFECTS
 SETTING OF SCHEDULES AND  OPINIONS OF INVITED EXPERTS
TASKING
 PREPARATION OF WORK ORDER
 ORIENTATION ON THE FPIC
PROCESS
 SUBMISSION OF THE APPLICANT
OF AN UNDERTAKING OF FULL
DISCLOSURE
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 FIRST COMMUNITY
ASSEMBLY

MATTERS TO BE TAKEN
 ORIENTATION OF THE IPRA AND  PRESENTATION OF THE AGREED
FPIC PROCESS WFP
 VALIDATION OF THE FBI REPORT  INVITATION OF EXPERTS
AND AREAS AFFECTED  ARRANGEMENT OF CONFLICT
 CENSUS OF THE IPs/MIGRANT DISPUTE RESOLUTIONS
IPs/NON IPs  DATE AND PLACE OF SECOND
 VALIDATION OF THE IDENTITY OF COMMUNITY ASSEMBLY
IP LEADERS/ELDERS  OTHER MATTERS NECESSARY
 CONSENSUS OF THE
INVOLVEMENT OF NGOs
 VALIDATION OF THE FPIC TEAM
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 SECOND COMMUNITY
ASSEMBLY

MATTERS TO BE TAKEN
 PRESENTATION OF THE  REMARKS OR INPUTS OF OTHER
APPLICANT OF THE PLAN IT STAKEHOLDERS
SEEKS TO UNDERTAKE  OPEN FORUM
• OPERATION PLAN  OTHER MATTERS AGREED UPON
• COST AND BENEFITS
PROPOSAL
• EFFECTS TO THE COMMUNITY
• MEASURES ADOPTED BY THE
APPLICANT TO AVOID OR
MITIGATE THESE EFFECTS
 SHARING OF EXPERT OPINION BY
AN EXPERT
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
MEMORANDUM OF AGREEMENT
PREPARATION
CONTENTS
SIGNATORIES
SIGNING
CONFLICT
VIOLATIONS
 FLOW CHART FOR EILSA
(EXTRACTIVE, INTRUSIVE, LARGE SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
SECOND COMMUNITY CONSENSUS-
FIRST COMMUNITY BUILDING PERIOD
ASSEMBLY
ASSEMBLY
MOA DRAFTING ROC
POSTING OF RNC
VALIDATION & SIGNING
BOND
REQUEST FOR
MOA FINAL
RECONSIDERATION
REVIEW BY LAO Y
RRT RD ADO
E
CEB
S COMMUNITY N
DELIBERATION
VALIDATION O
 NON-EXTRACTIVE AND SMALL SCALE ACTIVITIES

 ACTIVITIES NOT CONSIDERED AS LARGE SCALE ACTIVITIES

 NON-EXTRACTIVE EXPLOITATION
 PROGRAMS NOT REQUIRING PERMITS FROM GOVERNMENT
AGENCIES
 SMALL SCALE QUARRYING
 SUCH OTHER ACTIVITIES ANALOGOUS TO THE FOREGOING
 FLOW CHART FOR NESSA
(NON-EXTRACTIVE AND SMALL SCALE ACTIVITIES)

REGIONAL PRE-FBI
APPLICATION
OFFICE CONFERENCE

CNO FBI PREPARATION OF

PROPER WFP & PAYMENT
PRE-FPIC
OF FBI FEE
CONFERENCE
CONSENSUS- DECISION MEETING
FIRST MEETING BUILDING PERIOD

MOA DRAFTING ROC

PREPARATION OF RNC
VALIDATION & SIGNING
CP BY RD
REQUEST FOR
RECONSIDERATION
COMMISSIONER CHAIRPERSON Y
CONCERNED E
S COMMUNITY N
VALIDATION O
 EXCLUDED AREAS
SACRED GROUNDS AND BURIAL SITES
CULTURAL HERITAGES
CRITICAL AREAS
INACTION
• 6 MONTHS FROM LAST FPIC
ACTIVITY
• TERMINATION

DORMANT CERTIFICATION
PRECONDITION
• ONE YEAR FROM ISSUANCE
• SHOW CAUSE ORDER (FOR 15
DAYS NON-EXTENDIBLE)
• CANCELLED
 NON-TRANSFERABILITY OF FREE AND
PRIOR INFORMED CONSENT
 THE CONSENT OF THE ICCs/IPs FOR A PARTICULAR PROPOSAL SHALL
NOT BE TRANSFERABLE EXCEPT:
MERGER
REORGANIZATION
TRANSFER OF RIGHTS
JOINT VENTURE
PROVIDED, STATED IN THE MEMORANDUM OF AGREEMENT
 EMERGENCY CASES
PROJECTS IN RESPONSE TO EMERGENCY
SITUATIONS
PUBLIC ORDER
PUBLIC HEALTH
PUBLIC SECURITY
PUBLIC SAFETY
HOT PURSUIT OPERATIONS

NO FPIC
 PROHIBITED ACTS
• EMPLOYMENT OF FORCE AND/OR INTIMIDATION BY THE
APPLICANT
• BRIBERY BY THE APPLICANT
• ACCEPTANCE OF MONEY BY THE NCIP
• MEDIATING FOR THE APPLICANT BY THE NCIP
• DELIBERATE FAILURE TO ACT ON COMPLAINTS COMING FROM
THE COMMUNITY BY THE NCIP
• SOLICITATION BY THE IP
• MEDIATING AND NEGOTIATING BY THE IP
• PROMISING TO GIVE HIS CONSENT FOR CONSIDERATION
Thank you