Professional Documents
Culture Documents
Ancestral Domain
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CLUP Guidebook 2013: Volume 2
Introduction
As matter of policy, the State also declares that it “shall institute and establish
the necessary mechanisms to enforce and guarantee the realization of these
rights, taking into consideration their customs, traditions, values and beliefs”
(Chapter I, IPRA).
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CLUP Guidebook 2013: Volume 2
Objectives
The core objective of this section is to interface CLUP with ancestral domains
and plans of ICC/IP communities and to identify intersections for developing
coordination mechanisms and inter-phasing of relevant processes.
Specifically:
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Outputs
Participants
Using the participatory planning approach, this exercise shall include the
following stakeholders:
Contextual Considerations
scope.
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The thematic area assessment shall take the following into account:
Steps
The following matrix (Matrix 1) shows the linkages of planning steps of CLUP,
ADSDPP and FLUP. Interfacing CLUP with these procedures, while taking into
account the contextual considerations, will help improve efficiency in
processes, effectiveness in determination of strategies, improvement in multi-
stakeholder collaboration and enhancement of transparency in planning.
At the time of CLUP preparation, the LGU situations in relation to ADs and FFLs
will vary not only in the availability or absence of ADSDPPs and FLUPs but also
in other contextual issues such as geographical scope of the ADs and FFLs,
demographic and ethnic configuration, climate and disaster stresses on land
and other natural resources and level of social, economic and political
development.
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Situational Analysis
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Monitor and
evaluation the CLUP
and ZO
Interfacing CLUP with ADSDPP (and other plans) means juxtaposing planning
frameworks, guidelines and procedures, agency and local government
mandates, composition of technical working groups and configuration of
stakeholder participation. Interfacing enables identification of intersections
with which to define form and content of cooperation and
complementation, areas of actual and potential conflict and means of
addressing these conflicts and pooling of resources to reduce redundancy
and inefficiency in planning processes.
Interfacing also suggests laying down certain assumptions such as the self-
governing right of ICCs/IPs over their ancestral domains, the legal mandates
of the HLURB and municipal/city LGUs on the formulation of the CLUP and the
corresponding mandate of the DENR, LGUs and FFL stakeholders in FLUP.
From the CLUP perspective, interfacing means coming to face to face and
conversing with the frameworks, guidelines and procedures for ADSDPP and
FLUP and taking stock of the ADSDPP/ancestral domain and FLUP/FFL
information that needs to be taken into consideration in CLUP preparation
and implementation.
Taking stock of AD and FFL information requires processes that require shorter
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Matrix 2: Guide for Interfacing and Sensitizing CLUP to ancestral domains and
FFLs
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data for
inclusion in the
new baseline
data.
Phase II
4. Analyze the Situation Involve IPS/IPO Involve IPS/IPO Involve FLUP Involve DENR
future projections and as resource in the review of stakeholders and FFL
estimates (next 10-15 person in the other in the review stakeholders in
years) sharing of the management of other the review of
AD plans| management other
management Support ICC/IP plans| utilize management
plan and as community FLUP plans | support
participants in process with projections in processes in
the review of applicable tools the analysis making
other and technical projections
management expertise in
plans| support making
enhancement projections|
of ADSPP
projections.
5. Set the Goals and Take into Support ICC/IP Utilize FFL Support FFL
Objectives account the community vision as stakeholders’
IP/AD visioning embodied in visioning
development process the FLUP process
framework and
vision as
elaborated in
the ADSDPP
Phase III
6. establish Development Utilize strategic Support ICC/IP Utilize FFL Support FFL
Thrusts, and spatial development community stakeholders’ stakeholder
strategies thrusts, options processes in strategic processes in
and spatial formulating development formulating
strategies as strategic thrusts, strategic
embodied in development options and development
the ADSDPP as thrusts, options spatial thrusts, options
reference; if and spatial strategies and spatial
need be, strategies strategies.
support
enhancement
of the ADSDPP if
the options and
spatial
strategies need
to be clarified.
7. Prepare the Land Use Plan Identify Support ICC/IP Identify Support FFL
intersections of community intersections stakeholder
CLUP outcomes process in of FFL processes in
and indicators identifying land outcomes identifying
with the land use outcomes and forest land use
use aspects of and indicators indicators outcomes and
ADSDPP key with CLUP indicators.
outcomes and outcomes
indicators and
indicators
Phase IV
8. Draft the Zoning Use ADSDPP Support ICC/IP Use the FLUP Support FFL
Ordinance land use plan community land land use plan stakeholder
and zones as use planning and zoning land use
input for and zoning arrangement planning and
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enforcement of enforcement of
ZO and ADSDPP ZO and ADSDPP
12. Monitor and evaluate LGU involves LGU involves LGU mobilizes LGU involves FFL
the CLUP and ZO IPS/IPO in IPS/IPO in FLUP co- stakeholders in
monitoring and monitoring and management monitoring and
evaluation in evaluation in body for evaluation
coordination coordination monitoring
with the with the and
mandated IP mandated IP evaluation
representative representative
What the CLUP needs to know and consider about Ancestral Domains
This data is available in the ADSDPP. If there is no ADSDPP, the CLUP TWG
may coordinate with the nearest NCIP office and the IPS for generation of
required data such as:
3. Physical/Spatial data
a) Boundary Maps
LGU and other offices and from the ICC/IP community if the CADT has an
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CLUP Guidebook 2013: Volume 2
ADSDPP. It may also happen that ancestral domains would be in the process
of delineation and perimeter survey at the time of the CLUP preparation.
If the boundary map is not available, the NCIP, IPS/IPO, LGU and other
stakeholders should coordinate for the conduct of the perimeter survey. The
CLUP TWG can also provide support for ICC/IP community mapping.
In coordination with the NCIP, the IPS gives the mandate for the
creation of the community mapping team and designation of the
members of the team.
With the support of the CLUP TWG, the community mapping team shall
prepare a sketch map where key features of the ancestral domain
(such as water bodies, sacred places, trails and roads, vegetation,
sector boundaries, barangay boundaries, mountain peaks, caves,
ridges, reefs and other physical features) are to be plotted. The sketch
mapping shall be preceded by oral narratives of the IPS, elders and
key persons familiar with the physical features of the AD.
The sketch map shall serve as a reference for more detailed
preparation of the thematic maps that combines existing maps from
various agencies and the “ground truth” from community mapping.
The community mapping team shall also prepare land use conflict
map. This will be preceded by a short exercise on conflict mapping.
The CLUP TWG and community mapping team will conduct field
validation, preferably using GPS, to ground truth key features,
landmarks or points in the sketch map.
The IPS legitimizes the field-validated map through a validation process
using customary procedures.
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b) Thematic Maps
with NCIP
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c) Resource assessment
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Table AD-2. Resource Assets, Uses and Locations within the Ancestral Domain
Type of Resources Locatio Traditio Relevant
(indicate local terms for these resources) ns nal IKSP for
(baran Uses sustainabl
gay or (areas e
sitios) for manage
hunting ment of
, assets
fishing,
rattan
gatheri
ng,
honey
collecti
on,
kaingin,
picnic,
water
source,
etc)
Primary forest/ close canopy forest
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Table AD-3. Perceived Changes in the Condition of Resource Assets inside ancestral
domains
Resources Situation/Kalagayan last Increases (+) or Reasons for the
(Likas Yaman) 20 years decreases (-) in the increase or
(walang pagbabago, number of species decrease in the
nadagdagan, (Gaano kadami number of
nabawasan, ubos na o nabawas/ species
nasira na) nadagdag) (Mga
kadahilanan)
Primary forest/ close
canopy forest
Open canopy/ second
growth forests
Mangrove forests
Cultivated lands
Grasslands/ brushlands
Habitats of endangered
species
No. of Wildlife species
(specify species)
Nature based tourism
Water resources
(quantity/quality)
Fishery resources (catch)
Other resource assets
Certain factors (e.g. imbalance between supply and demand for water,
population growth and demand for space) and motive forces (such as
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CLUP Guidebook 2013: Volume 2
trigger and drive changes in the conditions of natural assets. Most would
either induce conflicts or represent dynamic and competing interests and
goals. The underlying issues, conflicts and causes should form part of the
resource assessment.
All these shall be visualized by overlaying the CLUP thematic maps on the AD
boundary map with GIS annotation of the resource assessment and
underlying issues and conflicts.
Some IKSPs may have been lost or transformed due to changes in the
material conditions.
Document the relevant IKSPs and put them on the last column of Table AD-2.
To generate the necessary information, the CLUP TWG should engage the
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NCIP and the ICC/IP community, through the IPS, for further discussions on the
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5. Institutional Assessment
This process aims to examine existing and future programs and projects of
relevant government agencies, local government units and NGOs that will
serve as opportunities for ICC/IP communities.
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Annex AD-1. Sample List of Medicinal Plants Used by the Bugkalot IPs
dulo na pinapapatak
sa dila ng bata ang
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Table AD- 1. Sample list of species used as sources of food by the Bugkalot IPs
Types of Plants and Freshwater Produce Parts Used
(Uri ng halaman at lamang tubig) (Bahagi na ginagamit)
A. Plants (Mga halaman)
1. Pugahan Ubod
2. Yantok Ubod at bunga
3. Pako Talbos
4. Bulala Bunga
5. Nami Lamang ugat
6. Tapinit (wild strawberry) Bunga
B. From rivers and brooks (Buhat sa ilog at sapa)
1. Susu
2. Hipon
3. Bezek (bunod)
4. Palos
5. Palaka
6. Talangka
7. Isda (Dalag, Tilapia, Bedew, Kuwidew, Bulasi, Mabuo)
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ARTICLE I
PRELIMINARY PROVISIONS
Section 1. Constitutional and Legal Framework. 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 values, practices and institutions as well as guarantee their
right to freely pursue their development and equally enjoy the full measure of
human rights and freedoms without distinction or discrimination.
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h. Iterative and Strategic. The iterative planning process shall allow for
strategic changes in ADSDPP requirements and technologies for AD
development change over time. A strategic planning approach
capitalizes on indigenous resources that abound and focuses on
critical development issues within the ancestral domain.
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Section 6. Definition of Terms. The terms and phrases defined under Section 3
(a) to (p) of R.A. 8371 and Rule II (a) to (z) of the Implementing Rules and
Regulations shall be given the same meanings when used herein and in
addition thereto:
d. Gender Issues – refers to problems that are results of the way boys and
girls or women and men have been socially constructed which cause
negative effects or gender gap on social status and human
relationships such as inequality and discrimination.
ARTICLE II
BASIC COMPONENTS OF THE ADSDPP
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b. Development Plans and Programs – The ADSDPP shall specify plans and
programs to meet the identified needs of the community and the
ancestral domain. The spatial and development plans/programs and
activities include those pertaining to, among others, ancestral
domain/territorial integrity, forest and marine conservation/protection or
renewal, water security, pollution prevention, environmentally critical
areas, commitment to maintain ecological balance, land utilization and
management, and the socio-economic or human resources development
of the ICCs/IPs.
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ARTICLE III
THE ADSDPP FORMULATION 6/10
services and expertise of other agencies and support groups. Upon request of
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ICCs/IPs, the NCIP shall facilitate the formulation of the ADSDPP, and the
planning process shall proceed as follows:
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be identified.
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Section 9. Incorporation of the ADSDPP into the Local Government Plans. After
approval of their ADSDPP, the ICCs/IPs shall submit the same to the municipal
and provincial government units having territorial and political jurisdiction
over them for incorporation in their development and investment plans. The
LGUs are also encouraged to provide financial and technical assistance in
the implementation of the ICCs/IPs’ development plans.
ARTICLE IV
SUPPORT TO ICCs/IPs FOR ADSDPP FORMULATION
Section 10. NCIP Role and Support. The NCIP, with the Ancestral Domains
Office as lead office, shall assist the ICCs/IPs in the formulation and
implementation of their ADSDPP in the following manner:
b. Organize the ICCs/IPs and ensure that they are well informed of their
rights to effectively participate and successfully formulate their
ADSDPPs;
plans; and
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g. Install the mechanism to ensure that the ADSDPPs shall serve the
purpose of certification precondition as provided in the NCIP
Administrative Order. No. 3, series of 2002.
ARTICLE V
SPECIAL PROVISIONS
Section 15. Conflict of ADSDPP with other Plans. In case of conflict with other
plans, the ADSDPP as approved by the community shall take precedence
over the other plans. If conflict is between the ADSDPP and its consolidated
version at the municipal, provincial, regional or national level, the original
ADSDPP as approved by the community shall prevail.
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Section 18. Free and Prior Informed Consent. Extractive utilization and
exploitation of resources within ancestral domains notwithstanding the
ADSDPP shall be subjected to FPIC as provided in NCIP AO No. 3, series of
2002.
Section 20. Prohibition. Any person, group or entity shall be prohibited from
undue interference in the formulation of ADSDPPs.
Section 21. Sanctions. Any violation of the provisions hereof by any personnel
of the NCIP shall be a ground for disciplinary action and where a
staff/representative of an NGO and IPO is involved, customary law and/or
application of Section 5, Part II, Rule IV of the IRR may apply without prejudice
to the filing of the appropriate criminal case for acts and omissions defined
and punished under applicable laws.
ARTICLE VI
FINAL PROVISIONS
Section 22. Repealing Clause. Sections 1, 2 and 3, Part II, Rule VII of
Administrative Order No. 1, series of 1998 are hereby modified accordingly.
Section 23. Effectivity. This Administrative Order shall take effect fifteen (15)
days after its full publication in two (2) newspapers of general circulation in
the Philippines.
Approved:
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Chairman
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