free, prior and informed consent on green inclusive growth

21
Ms. Victoria M. Cajandi Executive Officer Member of Regional Development Council RDC-IX, Phil.

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Ms. Victoria M. Cajandi Executive Officer Member of Regional Development Council RDC-IX, Phil. Green Inclusive Growth Conference SEA

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Page 1: Free, Prior and Informed Consent on Green Inclusive Growth

Ms. Victoria M. CajandiExecutive Officer

Member of Regional Development Council RDC-IX, Phil.

Page 2: Free, Prior and Informed Consent on Green Inclusive Growth

FPICGreen and Inclusive Growth

Page 3: Free, Prior and Informed Consent on Green Inclusive Growth

What is FPIC ?•Free

•Prior and

•Informed

•Consent

Page 4: Free, Prior and Informed Consent on Green Inclusive Growth

BASIS States shall consult and cooperate in good faith

with the indigenous peoples concerned through their own

representative institutions in order to obtain their

free, prior and informed consent before adopting

and implementing legislative or

administrative measures that may affect them.

Paragraph 19,United Nations Declaration on

the Right of Indigenous

Peoples (UNDRIP)

Paragraph 19,United Nations Declaration on

the Right of Indigenous

Peoples (UNDRIP)

Page 5: Free, Prior and Informed Consent on Green Inclusive Growth

Why Free? • IP communities should be able to decide whether to give their consent to activities on their land without force, intimidation or manipulation.

Timuay Anoy during one of the FPIC consultation called by the National

Commission on Indigenous Poeples (NCIP) for the mining project of Canadian company TVI.

Page 6: Free, Prior and Informed Consent on Green Inclusive Growth

Why Prior?• Consent must be obtained before formal decisions are made (such as by the government or companies) about whether to allow the proposed development to go ahead.

Page 7: Free, Prior and Informed Consent on Green Inclusive Growth

Why

Informed?• full and frank information

and data on costs, benefits and impacts given in a timely fashion.

• possible alternatives to development proposals that will allow IP’s to meet their needs and economic, political, social and cultural aspirations.

Page 8: Free, Prior and Informed Consent on Green Inclusive Growth

ConsentGive or agree

• Ensure consensus & documentation

• Transparency

Withhold or disagree

• Ensure consensus & documentation

• Prepare for request for reconsideration

• Be firm and consistent

Page 9: Free, Prior and Informed Consent on Green Inclusive Growth

Potential Impacts

When Consent is Given

When Consent is Not Given

Potential Impacts

Page 10: Free, Prior and Informed Consent on Green Inclusive Growth

Why is FPIC important for

GIGGreen Inclusive Growth

Page 11: Free, Prior and Informed Consent on Green Inclusive Growth

Timuay Noval Lambo during inspection at the Canatuan

Mining Site. Part of the mine is seen in the background

“ I believe, we, Subanons, had been practicing a green economy since before but not for profit, for subsistence. Because of this we were excluded from the market because we could hardly produce goods for the market. I’m not familiar with growth but our tribe had survive for hundreds of years despite the assault to our lands and communities. I think that’s growth for us.”

Page 12: Free, Prior and Informed Consent on Green Inclusive Growth

“Green growth is new to me. What I can remember is when the government said it

wants growth, they allowed mining into Mt. Canatuan, our sacred mountain. The mountain

is not green anymore.”

Timuay Jose Anoy, Chieftain, Siocon Ancestral Domain, Mindanao Philippines

Page 13: Free, Prior and Informed Consent on Green Inclusive Growth

1. Republic Act No. 7076 – Peoples’ Small-Scale Mining Law of 1991, Section 7

2. Republic Act No. 7942 – Mining Act of 1995, Sec. 16

3. Republic Act No. 8371 – Indigenous Peoples’ Rights Act (IPRA) of 1997, Section 3, g; Section 59.

4. NCIP Administrative Order No. 1, series of 1998, Sections – Implementing Rules and Regulations (IRR) of IPRA, Part III, Section 1 to 9.

5. NCIP Administrative Order No. 3, series of 2006 –

Page 14: Free, Prior and Informed Consent on Green Inclusive Growth
Page 15: Free, Prior and Informed Consent on Green Inclusive Growth

ApplicationRegional

OfficePre-FBI

Conference

Preparation of WFP &

Payment of FBI Fee

FBI Proper

Within 10 days

CNO

Pre-FPIC Conference

First Meeting

Payment of FPIC Fee

Consensus Building Period

Decision Meeting

Request for Reconsideratio

n

MOA Drafting Validation &

Signing

Preparation of CP by RD

E.R. Comm. Chairperson

Not less than 10 days from 1st

meetingWithin 30 days

Within 3 days

For concurrence For confirmation

Community Validation

NOYES

Page 16: Free, Prior and Informed Consent on Green Inclusive Growth

FPIC can ensure that the growth the IPs want do not harm

them, allows them to decide what direction they want, who will be

their partners and how it will be done in

their domains.

FPIC in GIG

Page 17: Free, Prior and Informed Consent on Green Inclusive Growth

Victoria M. Cajandig First IP Representative to the

government’s Regional Development Council of

Region IX, a region claimed by the Subanens as their

homeland.

“We have green assets in our ancestral domains – land, water, forests, minerals, indigenous knowledge – and many more. We have a culture that promotes green development. We desire to be included. I think the biggest problem is the framework of the growth that we are talking. It brings a lot of dangers to our culture and territory. We also need to break the barriers of inclusion.”

Page 18: Free, Prior and Informed Consent on Green Inclusive Growth
Page 19: Free, Prior and Informed Consent on Green Inclusive Growth
Page 20: Free, Prior and Informed Consent on Green Inclusive Growth

• Poverty reduction through Farming.

• Potential investments to come in to ancestral territories.

• New knowledge and technologies can be made available.

• Better infrastructure, education, social services, etc.

• Access to markets• And the preparation to the

next generation

BENEFITS OF INCLUSION

Page 21: Free, Prior and Informed Consent on Green Inclusive Growth

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