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(NAR) VOL. 15 NOS. 1-2 / JANUARY - MARCH 2004
[ NCIP RESOLUTION NO. 001, S. 2004, January 30, 2004 ]
A RESOLUTION ADOPTING AND APPROVING THE GUIDELINES ON THE FORMULATION OF THE ANCESTRAL DOMAIN SUSTAINABLE DEVELOPMENT AND PROTECTION PLAN (ADSDPP)
WHEREAS, the Constitution provides that the State shall recognize and promote all the rights of indigenous cultural communities (ICCs) within the framework of national unity and development and shall protect the rights of indigenous peoples to their ancestral domains to ensure their economic, social and cultural well-being. The State shall likewise recognize the inherent right of ICCs/IPs to self-governance and self-determination, and respect the integrity of their right to freely pursue their development and equally enjoy the full measure of human rights and freedoms without distinction or discrimination;
WHEREAS, under Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA), the NCIP is the primary government agency responsible for the fomulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto;
WHEREAS, the sustainable development and protection of the ancestral domain by the ICCs/IPS themselves is the manifestation of their rights to self-governance and self-determination. To guarantee the exercise, enforcement and realization of these rights, the ICCs/IPs shall prepare their own ancestral domain sustainable development and protection plan (ADSDPP) in accordance with their customary practices, laws and traditions;
WHEREAS, in order to provide guidance in the formulation of the ADSDPP as a tool for the empowerment of ICCs/IPs towards the fulfillment of the general well-being of the current ICC/IP generations, the Commission finds it necessary to adopt Guidelines for the formulation of the ADSDPP;
WHEREAS, the ADSDPP Guidelines shall, among others: (a) ensure the compliance of ICCs/IPs to their responsibilities to maintain ecological balance, restore denuded areas as as well as to observe the requirements of the IPRA; (b) facilitate the conduct of the FPIC process; and (c) provide a checklist of prioritized development programs/projects as ready reference for collaborative efforts with development partners and/or grant of assistance to ICCs/IPs in an ancestral domain;
WHEREAS, after discussions and deliberations by the Commission on December 20, 2003, January 12, 16, 17 and 22, 2004, of the Draft ADSDPP Guidelines presented by the Resource Management Division of the Ancestral Domains Office, the same is presented for final deliberation;
NOW, THEREFORE, on motion duly seconded, be it:
Adopted: 30 Jan. 2004
WHEREAS, under Republic Act No. 8371, otherwise known as the Indigenous Peoples Rights Act of 1997 (IPRA), the NCIP is the primary government agency responsible for the fomulation and implementation of policies, plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto;
WHEREAS, the sustainable development and protection of the ancestral domain by the ICCs/IPS themselves is the manifestation of their rights to self-governance and self-determination. To guarantee the exercise, enforcement and realization of these rights, the ICCs/IPs shall prepare their own ancestral domain sustainable development and protection plan (ADSDPP) in accordance with their customary practices, laws and traditions;
WHEREAS, in order to provide guidance in the formulation of the ADSDPP as a tool for the empowerment of ICCs/IPs towards the fulfillment of the general well-being of the current ICC/IP generations, the Commission finds it necessary to adopt Guidelines for the formulation of the ADSDPP;
WHEREAS, the ADSDPP Guidelines shall, among others: (a) ensure the compliance of ICCs/IPs to their responsibilities to maintain ecological balance, restore denuded areas as as well as to observe the requirements of the IPRA; (b) facilitate the conduct of the FPIC process; and (c) provide a checklist of prioritized development programs/projects as ready reference for collaborative efforts with development partners and/or grant of assistance to ICCs/IPs in an ancestral domain;
WHEREAS, after discussions and deliberations by the Commission on December 20, 2003, January 12, 16, 17 and 22, 2004, of the Draft ADSDPP Guidelines presented by the Resource Management Division of the Ancestral Domains Office, the same is presented for final deliberation;
NOW, THEREFORE, on motion duly seconded, be it:
RESOLVED, as it is hereby RESOLVED that the Guidelines on the Formulation of the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) is hereby approved and adopted;
RESOLVED FURTHER, that copies of ADSDPP Guidelines be furnished and Registered with the Office of the National Administrative Register at the University Law Center, UP Diliman, Quezon City and let a copy of this resolution and the full text of the Guidelines be published in two (2) newspapers of general circulation in the Philippines;
APPROVED."
Adopted: 30 Jan. 2004
(SGD.) CORAZON M. ESPINO
(SGD.) EVELYN S. DUNUAN Commissioner, Region 2 Commissioner, Region 1 & CAR (SGD.) EDTAMI P. MANSAYAGAN (SGD.) LAGTUM A. PASAG Commissioner, Central Mindanao Commissioner, Island Group/Visayas (SGD.) PABLO SANTOS (SGD.) REUBEN DASAY A. LINGATING Commissioner, Rest of Luzon Chairman