IN THE KNOW: NCIP’s certification precondition

MANILA, Philippines — Under Republic Act No. 8371, or the Indigenous Peoples’ Rights Act of 1997, no concession, license, lease or agreement shall be issued by any government agency without a certification precondition (CP) from the National Commission on Indigenous Peoples (NCIP).

The NCIP is mandated to protect and promote the interest and well-being of indigenous cultural communities/indigenous peoples (ICCs/IPs) “with due regard to their beliefs, customs, traditions and institutions.”

Among NCIP’s powers is “ to issue appropriate certification as a precondition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned.”

The certification precondition states that free, prior and informed consent (FPIC) has been obtained from the concerned IPs.

When the consent of the community is obtained, the terms and conditions agreed upon shall be stated  in a memorandum of agreement to be executed between and among the ICC/IPs (represented by elders/leaders or their alternates who have been identified during the validation and authorized by the community to sign), the applicant/proponent, the NCIP, and any other party that may be necessarily involved.

The signing of the MOA shall be done within the affected ancestral domain by those duly authorized, during a general assembly called for the purpose, after its contents is fully read aloud and explained by the FPIC team, and understood and affirmed by the community.

—Inquirer Research

Sources: Official Gazette, NCIP Administrative Order No. 3 series of 2012, revised guidelines on free and prior informed consent  and other related processes