Department of Environment and Natural Resources
JOINT DENR-NCIP
MEMORANDUM CIRCULAR NO. 2003-1
SUBJECT: Harmonization
of the Implementation of the Indigenous Peoples Rights Act (IPRA) and Environment
and Natural Resources (ENR) Laws and Policies.
In order to address the issues affecting the rights
of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) in
relation to the implementation of the IPRA and ENR laws and policies, the
following guidelines is hereby promulgated:
Section 1. Basic
Policies
1.1
It is policy of the State to
protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature as well as to protect the
rights of indigenous cultural communities to their ancestral lands to ensure
their economic, social, and cultural well-being;
1.2
The DENR and NCIP adhere to and
recognize the customary laws and Indigenous Knowledge Systems and Practices
(IKSP) of the ICCs/IPs in accordance with the IPRA; and
1.3
The DENR and NCIP recognize the
preferential rights of ICCs/IPs to benefit from the natural resources within
their ancestral lands/domain.
Section 2. Objectives
2.1
To clarify the jurisdiction, authority
and responsibilities of the NCIP and DENR in the Management, protection,
utilization and rehabilitation of the environment and natural resources within
ancestral domains;
2.2
To strengthen all on-going
policy harmonization efforts of the DENR and NCIP; and
2.3
To recognize and support
related initiatives of the NCIP, ICCs/IPs, DENR, LGUs, other concerned agencies
and the civil society.
Section 3. Institutionalization
The harmonization efforts of the DENR and NCIP
shall be expanded up to the regional and provincial levels through the creation
of Technical Working Groups to serve as venues for gathering inputs that will
facilitate policy revision and/or formulation.
Section 4. Joint
Review
4.1
Contentious policy issuances of
the NCIP and the DENR that affect ENR policies and ICCs/IPs rights,
respectively, shall be jointly reviewed and harmonized accordingly;
4.2
Resource management/utilization
instruments within ancestral lands and domains issued after the effectivity of
the IPRA and upon initial determination by the NCIP shall be jointly reviewed
by the DENR and NCIP which shall take appropriate action in instances of
failure to follow the Free and Prior Informed Consent (FPIC) requirement within
a reasonable period but not exceed three (3) months;
4.3
Whenever necessary, joint
review activities shall involve the ICCs/IPs concerned; and
4.4
The DENR and NCIP shall conduct
an inventory of cases filed against IPs in violation of PD 705,NIPAS Act, Small
Scale Mining Act and other ENR laws.
Section 5. Participation
of ICCs/IPs
5.1
Multi-Partite Monitoring Teams
and special bodies organized by the DENR shall include representatives of
ICCs/IPs concerned;
5.2
DENR and NCIP shall endeavor
towards the development of a criteria for a just representation of ICCs/IPs in
the Protected Area Management Boards (PAMB); and
5.3
In accordance with existing
DENR rules and regulations, ICC/IP members shall be deputized by the DENR as
ENR officers in the enforcement of ENR laws and regulations.
Section 6. Harmonization
of Management Plans
6.1
DENR shall provide technical
assistance in the preparation of Ancestral Domains Sustainable Development and
Protection Plan (ADSDPP);
6.2
In cases where ancestral
lands/domains overlap protected areas, Protected Area Management Plan (PAMP)
and ADSDPP or management plan/community resource management practices shall be
harmonized; and
6.3
Proposed bills proclaiming
protected areas shall be subjected to consultations through a process that NCIP
and the DENR shall develop.
Section 7. Strengthening
DENR capability
7.1
The DENR shall strengthen its
IP Desks which shall serve as the focal units on all members pertaining to
ICCs/IPs vis-à-vis ENR laws, programs and projects;
7.2
The IP Desks shall closely
coordinate with the NCIP offices concerned; and
7.3
The NCIP shall conduct an
orientation program for DENR personnel on the IPRA with emphasis on IKSP and
customary laws. The DENR shall ensure that field personnel concerned shall
undergo this orientation program.
Section 8. Delineation
of Ancestral Domains
8.1
The DENR through its field
offices, including the National Mapping and Resource Information Authority
(NAMRIA), Land Management Bureau (LMB) and Forest Management Bureau (FMB) shall
provide technical assistance to NCIP in the delineation of ancestral domains;
and
8.2
The NCIP shall furnish the DENR
Regional Offices concerned all draft survey plans for common projection prior
to validation with concerned IP communities. The survey plans submitted to
DENR Regional Offices shall be
considered technically acceptable if no comments are received after fifteen
(15) calendar days.
Section 9. Grievance
Mechanism
DENR and NCIP will apply existing grievance
mechanisms for complaints lodged by ICCs/IPs against DENR and NCIP personnel.
Section
10. Funding
10.1
The DENR and NCIP shall
allocate funds for the implementation of activities called for under this
circular; and
10.2
Both agencies shall endeavor to
source out additional funds necessary for the purpose.
Section
11. Effectivity
This
Joint Memorandum Circular shall take effect immediately.
ELISEA G. GOZUN REUBEN DASAY A. LINGATING
Secretary, DENR Chairperson,
NCIP