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Securing a Certification Precondition for the Construction of the General Nakar-Dingalan Road

Started: September 21, 2022

The Republic Act No.8371 known as The Indigenous Peoples Rights Act (IPRA) of 1997 declares that the State shall recognize, protect and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs),creating a National Commission on Indigenous Peoples (NCIP), establishing implementing mechanisms, appropriating funds therefor, and for other purposes. Under Section 7; It is stated the rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected and shall include (a) Right of Ownership, (b) Right to Develop Lands and Natural Resources, (c) Right to Stay in the Territories, (d) Right in Case of Displacement, (e ) Right to Regulate Entry of Migrant, (f) Right to Safe and Clean Air and Water, (g) Right to Claim Parts of Reservations and 9h) Right to Resolve Conflict.

It also stated in RA 8371 Section 59; Certification Precondition stating that 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 (FBI) is conducted by the Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the NCIP without the Free, Prior and Informed Consent (FPIC) of ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.

CELPA, Inc. will provide technical assistance to the Department of Public Works and Highways (DPWH) IVA in complying with all requirements of NCIP in securing the CP prior to the Construction of Gen.Nakar-Dingalan Road, Gen.Nakar, Quezon.

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