IPS-IPO Guidelines NCIPXII

NCIP Administrative Order No. 2Series of 2012

Presentation by Mr Joey Bogay, Technical Mgt Services Division Chief, NCIPXII

To Stakeholders, IAG Conference Hall, 2F, UMEX Bldg, NDU Cotabato City / 4 March 2013

Title:

General Guidelines on the Confirmation of IndigenousPolitical Structure and the Registration of Indigenous Peoples’Organization

Approved: March 15, 2012Presentation by Mr Joey Bogay, Technical Mgt Services Division Chief, NCIPXII


Statutory Bases:

�Article XII (National Economy & Patrimony),Section 5 of the Constitution

�Article XIII (Social Justice & Human Rights),Section 15 of the Constitution

�RA 8371



Operating Principles:

�Self-Governance & Self-Determination

The inherent right to:

1. pursue their economic, social and cultural development

2. promote and protect the integrity of their values, practices2. promote and protect the integrity of their values, practicesand institutions

3. determine, use and control their own organizational andcommunity leadership systems, institutions, relationships,patterns and processes for decision-making and participation

� Secure Collective Rights to Domain/Land – the deeply rootedspiritual and cultural bonds of ICCs/IPs to the ancestraldomains/lands




�Authentic Indigenous Political Leadership – emerges from thedynamics of customary laws and practices in the maintenance anddevelopment of their own indigenous governance and decision-making institutions.

�Development with Identity

1. The pursuit on collective identity in economic, social andcultural development through their ADSDPP

2. Preservation of cultural values and institutions

3. Control over their own development

4. Genuine consultations on all issues, programs and projectsthat will affect them




�Sustainable Development – the ICCs/IPs through their IPS shallpreserve, restore and maintain a balanced ecology in their AD by:

1. Protecting flora and fauna, watershed areas & other reserves

2. Actively initiate, undertake and participate in the reforestation2. Actively initiate, undertake and participate in the reforestationof denuded areas and other development programs andprojects

� Establishment of IPO – the IPS shall establish IPOs who shall havelegal capacity to assist the ICCs/IPs in ensuring their collectiverights in their Ads and to strengthen their political, economic andsocial systems/institutions.




�Interfacing of indigenous systems of governance tothe mainstream legal system to effectively carry-outthe ICCs/IPs’ collective right to self-governance andself-determinationself-determination

�Empowerment of Women – mandatory for the IPSand IPO to develop appropriate programs andprojects to respond to gender issues and concerns



Power/Duties/Functions of IPS:

1) Formulate and implement systems for the sustainable use,protection and conservation of the flora and fauna, watershedareas, sacred places and all other objects of ritual and ecologicalimportance with their IKSPs, customary laws and traditions, andduly adopted ADSDPP, if any.duly adopted ADSDPP, if any.

2) Revitalize and strengthen ICCs/IPs own institutions, systems andstandards for protecting their natural resources, taking intoconsideration the national minimum standards. For this purpose,the ICCs/IPs may be authorized by the appropriate governmentagency to exercise powers to prevent, apprehend and prosecuteall persons violating environmental and natural resources lawswithin Ads in accordance with Chapter XI, Section 72 of IPRA.




3) Regulate activities that may adversely affect the ICCs/IPsairspace, bodies of water and lands. Any violation ofenvironmental laws adversely affecting the integrity of theecological systems in ADs shall be sanctioned according tocustomary laws of the ICCs/IPs concerned.customary laws of the ICCs/IPs concerned.

4) Help negotiate the terms and conditions for the exploration ofnatural resources in the areas for the purpose of ensuringecological, environmental protection and conservation measures,pursuant to national and customary laws.

5) Uphold the Free and Prior Informed Consent (FPIC) processrelative all activities involving the utilization, extraction ordevelopment of natural resources.




6) Assist the community to seek redress and or compensation forany lose, injury or damage caused for its culture and the AD.

7) Assist the community to source out, manage, disburse or use anyfunds, appropriations or donations from any legal entity, for thefunds, appropriations or donations from any legal entity, for thedevelopment of the domain/land and to ensure individual andcollective accountability and responsibility for such funds,appropriations and donations.

8) Assist the community in filing the petition for, and lead thecommunity in the delineation and identification of Ads inaccordance with the Principle of Self Delineation rights by virtueof Native Title.




9) Assist the community in working for the de-establishment ofreservations made by executive fiat or law overlapping ADs/ALs,or parts thereof.

10) Resolve all conflicts emanating from violations of all customs and10) Resolve all conflicts emanating from violations of all customs andtraditions of the community.

11) Cause the formulation of programs and projects on the role ofwomen based on a gender analysis framework to strengthen andpromote participation of indigenous women in decision-makingprocesses on sustainable resource management.

12) Provide testimony or other evidence of marriage in accordancewith customary law for purposes of registration with the LCR.



Power/Duties/Functions of IPS:13) Ensure their domains as special zones of peace and life, and

advocate recognition and respect thereof.

14) Nominate traditional leaders or elders as representative to theConsultative Body, which must include women and youth, IPOand NGO representative.and NGO representative.

15) Convene the ICCs/IPs and in accordance with local processes tolead the selection of the IP Mandatory Representatives in allpolicy-making bodies and in local legislative councils.

16) Convene the ICCs/IPs and select IP Representatives to allgovernment bodies such as but not limited to the NAPC-IPSectoral Council, NCCA, DAR, LGUs, RDCs and other local andinternational policy-making and special bodies.



Power/Duties/Functions of IPS:17) Develop programs and projects in the practice and revitalization of their

own cultural traditions and customs.

18) Regulate entry of migrants and other entities in accordance with theirconsensus-building processes, community practices, customs andtraditions and upon the free, prior and informed consent of thetraditions and upon the free, prior and informed consent of thecommunity members.

19) Power to authenticate indigenous leadership titles and certificates ofmembership. All Certificates of Tribal Membership previously issuedunder EO 122-B and 122-C as amended, shall be validated by the IPS inaccordance with their own processes, and if found to be valid, shall beendorsed to NCIP for confirmation and recording purposes.

20) Other traditional roles or functions analogous to the foregoing.Presentation by Mr Joey Bogay, Technical Mgt Services Division Chief, NCIPXII


Power and Duties of IPO:

In accordance with Section 7 of thisGuidelines, the IPS shall determine anddefine the functions of the IPOs.define the functions of the IPOs.



Confirmation of IPS:

How Initiated?

May be through the initiative of:

1. Ethnographic Commissioner

2. Regional Office

3. Concerned IPS



Confirmation of IPS: (Initiated by Ethnographic Commissioner or RO)

Based on dataprovided by:

- ADSDPP- CADT/CALT- FPIC

Regional Office

Commission En Banc (CEB Resolution &

Endorsement of Regional Director for concurrence



- FPIC- COC- Other valid

sources ofinformation

- Section 16 ofthisguidelines(VerificationandValidation)

Ethnographic Commissioner

OEHR

(CEB Resolution & Certificate of

Confirmation signed by Chairperson)

Concerned IPS

Confirmation of IPS: (Initiated by Concerned IPS)

Concerned IPS

Filing of application

at PO

Evaluation within 10 days (furnish a copy of application to RO)

Completion of relevant

data

Authentic

Fraudulent

Field Based Verification

by the Verification

& Validation Team (VVT) within 15

Denied through notice with explanation

Submission of VVT Report with recommendation

if any to the Incomplete



within 15 days, if

necessary (constituted

by the Provincial Officer)

if any to the Provincial Officer

PO Endorsement

to the Regional Director

through the Chief, TMSD

Review of

Report

Meritorious

Fraudulent

Investigation & Recommendation by the Regional Attorney

RD Endorsement concurred by Ethnographic

CommissionerOEHR

Commission en Banc (CEB Resolution & Certificate of Confirmation signed by Chairperson

Application Requirements:

1. Genealogical Survey

2. Written accounts not limited to customs and traditionsincluding the interfaced customary practices on the ff.:

2.a. Social Organization

o profile of IPS (traditional & emerging elders/leaders)o norms and social stratification based on access to

prestige and powero succession (birthright)o leadership structure including the roles and

functions of the elders/leaders of the IPSPresentation by Mr Joey Bogay, Technical Mgt Services Division Chief, NCIPXII



2.b. Basic Social Processes

o dispute resolution and conflict management

o consensus-building and decision-makingprocesses towards cooperation, unity andprocesses towards cooperation, unity andharmony

o mutual help and defense systems

o specialized functions in relation to observance ofrituals




2.c. Access to Resources

o Applicable community imperatives in accordancewith customary law as well as on the access andbenefit-sharing agreement/wealth managementbenefit-sharing agreement/wealth managementon resources

o Monitoring and evaluation as well as indicatorson sustainable development of resources

o Role of women in the sustainable development othe domain




3. Written and verified oral accounts of customs andtraditions on governance system and how thesehave responded to the changing socio-politicalorder

4. Other relevant anthropological/historical data



Registration of IPO

Concerned IPS or IPO

Filing of application at PO/CSC

Evaluation within 10 days (furnish a copy of application to RO)

Completion of relevant

data

Authentic

Fraudulent

Field Based Verification

by the Verification

& Validation Team (VVT) within 15

Denied through notice with explanation

Submission of VVT Report with recommendation

if any to the Incomplete



within 15 days, if

necessary (constituted

by the Provincial Officer)

if any to the Provincial Officer

PO Endorsement

to the Regional Director

through the Chief, TMSD

Review of

Report

Meritorious

Fraudulent

Investigation & Recommendation by the Regional Attorney

Issuance of Certificate of Registration (CoR) by the Regional Director

Furnish copy to the Commission through the OEHR


1. Resolution stating to the effect that they are affirmingthat the applicant being registered is their dulyorganized IPO, which resolution must contain the ff.:

� Purpose and goal of the IPO in relation to the� Purpose and goal of the IPO in relation to thecollective aspiration of ICCs/IPs

� Target beneficiaries

� Roles and functions of IPO and IPS as far ascoordination on working relations

� Location and area of operations

� Targeted major programs, activities and projects ofthe IPO




2. Duly accomplished NCIP Application Form for registrationsigned by the duly authorized representative of the IPS

3. Profile indicating the qualifications of the IPOleader/chairperson such as:

� Proof of Tribal Membership� Proof of Tribal Membership� Proof of actual residence in the domain/land for at least 5

years immediately preceding his/her selection� Resolution/affirmation by the ICCs/IPs endorsing that

he/she is a practitioner/advocate of the customs andtraditions; and narrative of his/her advocacy and struggleon IP rights

� Public knowledge of skills/expertise necessary to carryout the objectives of the IPO




4. Written internal rules prescribing regulations binding the officer andmembers in accordance with the objectives of the IPO

5. Grounds for voluntary dissolution of the IPO such as:

� If it fails to adopt its written internal rules by resolution within 30days from filing of its application as provided in this Guidelines

� Filing by the IPO, with the consent of the IPS, a petition with the� Filing by the IPO, with the consent of the IPS, a petition with theNCIP to shorten its term.

6. Complaints mechanism ands/or grievance procedure

7. List of officers/leaders and members

8. Latest Audited Financial Statement

9. Other relevant requirements at the discretion of the NCIP-CSC Head,Provincial Officer, Regional Director or the Ethnographic Commissioner



Other Salient Principles:

�The IPS shall create and establish IPOs as defined underthe IPRA, which IPO must be registered.

�This Guidelines shall cover all ICCs/IPs in ADs/ALs;and ICCs/IPs resettled outside their ADs.

�The IPS shall be recognized as the highest governingbody with the IPO as its technical arm.

�Resettled ICCs/IPs - ICCs/IPs living outside their ADareas by reason of internal displacement due to armedconflict, violence, extreme natural disasters orgovernment projects.



Other Salient Principles:

�Notices shall be issued by the Regional Office to the ICCs/IPs withexisting IPOs prior to this Guidelines, for them to comply with therequirements provided.

�IPOs may be organized outside ADs and can register with the NCIPafter compliance with the requirements.

�The IPO registration shall be renewable every after 2 years.

�The registration of the IPO with the NCIP confers to it a juridicalpersonality to represent the ICCs/IPs in pursuing and securingtheir collective rights over their AD.

�Complaints against the IPO or any of its representatives shall beresolved in accordance with traditional conflict mechanismsystems. If unresolved, elevate the same to the NCIP.



Suspension & Revocation of IPO Registration:

Grounds for suspension or revocation of the CoR by the NCIP, uponrecommendation of the IPS and after due investigation:

1. Unauthorized negotiation with natural or juridical personsrelative to land development, resource use, harvest andexploitation of natural resources.

2. Misrepresentation and entering into agreement or compromisewith investors without community consultation.

3. Accepting bribes such as project contracts, gifts, or donations inexchange of favors.

4. Loss of trust and confidence of the members of the community.

5. Violation of customary processes and community collectivedecision-making.




6. Misuse of a right or condition for its creation conferred bythe IPS or as provided by its internal rules, violation of aright of the community, or commission of acts againstcustomary laws.

7. When the continuance of the IPO will not work to the bestinterest of the ICCs/IPs on the basis of findings andinterest of the ICCs/IPs on the basis of findings andrecommendations of the conflict mechanism system underthe IPS.

8. When the IPO is guilty of fraud which violates the collectiveinterest of the community.

9. Refusal or defiance of the IPO to comply with an order ofthe IPS restraining its commission of acts which will amountto grave violation of interests of the community.




10. When it has offended against a provision or condition provided bythe IPS for its creation.

11. Violation of community protocols as provided in the ADSDPP.

12. Failure to submit annual financial statements to the IPS andNCIP.NCIP.

13. Other analogous grounds.

Effect:

� Suspended – no personality to engage in any transaction unlesslifted

� Revoked – no personality to engage in any transaction, but shallwind up its affairs in accordance with existing laws



Voluntary Dissolution of IPO:


Failure of the IPO to clear itself of any obligation,its officers shall be subject to appropriate legal action.

If funds were used/disbursed, IPO shall:

� Submit the latest audited financial statements

� Undertake personal oath to be administered byNCIP stating that they shall personally answer forany outstanding obligations





Documents

IPS-IPO Guidelines NCIPXII