THE RIGHT TO FREE & PRIOR

INFORMED CONSENT (FPIC)

MICHAEL M. GARRIGUES
 LEGAL BASIS

Phil. Constitution RA NO. 11054 RA NO. 8371

Article XII, Section 5. The State, subject to the
Article IX, Section 3, letter (e)
provisions of this
Constitution & national development policies and
The right to Free & Prior Informed Sections 44 (m), 46 (a), 57, 58, 59,and 7
Consent
programs , shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
being.
WHAT IS FREE & PRIOR INFORMED CONSENT?

 This principle generally requires that ICCs must be adequately

informed about development projects in a timely manner and should be
given the opportunity to approve or reject these projects free from undue
pressure.
 In plain terms, FPIC is knocking on somebody’s door and asking for
permission before you come in.
 A central element of FPIC is genuine inclusion, disclosure and respect
for Indigenous Peoples decision making process.
WHAT IS FREE & PRIOR INFORMED CONSENT?

 As used in R.A. 8371, FPIC shall mean the consensus of all

members of the ICCs/IPs to be determined in accordance with
their respective customary laws and practices, free from any
external manipulation, interference and coercion, and obtained
after fully disclosing the intent and scope of the activity, in a
language and process understandable to the community.
WHY FREE & PRIOR INFORMED CONSENT IS IMPORTANT TO
INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES?

 Protect the rights of ICCs/IPs in the introduction and implementation of

plans, programs, projects, activities and other undertakings that will affect
them and their ADs/ALs to ensure their economic, social, and cultural well-
being.
 Ensure just and equitable partnership in environmental management, land
use, development and resource use within ADs/ALs as well as benefit
sharing between and among the concerned ICCs/IPs and the prospective
investor, government agency, LGUs, NGOs, and other entities desiring to
engage or collaborate in such undertaking.
ACTIVITIES, PLANS, PROGRAMS, PROJECTS LARGE SCALE
COVERED AND MANDATORY ACTIVITIES

 Exploration, development, exploitation, utilization of land, energy,

mineral, forest, water, marine, air, and other natural resources requiring
permits, licenses, lease, contracts, concession, or agreements.
 Those that may lead to the displacement and /or relocation of
ICCs/IPs.
 Resettlement programs by the government that may introduce
migrants.
ACTIVITIES, PLANS, PROGRAMS, PROJECTS LARGE SCALE
COVERED AND MANDATORY ACTIVITIES

 Activities that would affect their spiritual and religious traditions, customs
and ceremonies, including ceremonial objects, archeological explorations,
diggings and excavations and access to religious and cultural sites.
 Agricultural & forestry management projects, and tourism projects
 Establishment of temporary or permanent military facilities, and military
exercise.
 Issuance of land tenure instrument or resource use management by any
government agency and related activities
ACTIVITIES, PLANS, PROGRAMS, PROJECTS SMALL SCALE
COVERED AND MANDATORY ACTIVITIES

 Feasibility Studies.
 Non-extractive exploitation and utilization of land, water and
natural resources as defined under existing laws, rules and
regulation of governing agencies, e.g. ISF, CBFM, IFMA etc.
 Programs, projects, activities not requiring permits from
government agencies.
 Small scale quarrying.
ACTIVITIES, PLANS, PROGRAMS, PROJECTS DO NOT
REQUIRE COMPLIANCE WITH FPIC REQUIREMENT

 The ICC, in fact, voluntarily solicited or initiated the plan, program, project or
activity to be undertaken.
 The plan, program, project or activity conforms with the community’s sustainable
development plan (ADSDPP).
 ICCs knows the extent of the plan, program, project or activity and its socio-
cultural/environmental impact to the community.
 The parties acknowledge their obligations, or
 The plan, program, project or activity is for the delivery of basic services or
livelihood projects involving community.
“Indigenous people believe that Man belongs
to the World;
FIYO civilizedMEUYAG!
BAGI, people believe that
the World belongs to Man”-Daniel Quinn
MAGSUKOL!
SUKRAN!
MARAMING SALAMAT!
Fiyo Bagi, Meuyag!