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DENR-NCIP Joint Administrative Order No. 2008-01

STIFRMPS guidelines

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John Ray Libiran
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557 views13 pages

DENR-NCIP Joint Administrative Order No. 2008-01

STIFRMPS guidelines

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John Ray Libiran
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© © All Rights Reserved
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Department of Environment and Natnrat Resouer s oe — = : = neertettecel ss DENR-NCIP JOWNT ADMINISTRATIVE ORDER WO, 2008. 01 SURIPCT: GUIDELINES AND PROCEDURES FOR THE RECOGNITION, DOCUMENTATION. REGISTRATION ANI) CONFIRMATION OF ALL SUSTAINABLE TRADITIONA! AND INDIGENOUS FORKST RESOURCES MANAGEMENT YSTEMS AND PRACTICRS (STIFRMSP) OF INDIGRNOUR CULTURAL COMMUNITIES OR INDIGENOUS PEOTLES IN ANCESTRAL POMAIN/LAND. Puirsniant (the qlravisions of the 1987 Conatitution, Pmsidential Decree (PD) No 705, as amended, Executive Order (EO) No G42. Series of 1987, Pepublic Act (RA) No. SA71 or the Indigenous Peoples Rights Act (IPRA) of 1297 ond its implementing Rules and Regulations (NCIP Administrative Order eries of 1908, DENR-NCIP Memorandum Circniiy Nv 2003-01, BO No. «nf 2004, in deference to the forest resourres management systems es of the Indigenous Cultural Communities /ludigenous Peoples anit pract (WCCs/1Ps} that shook! be recognized, promoted and prrerted, the guidelines andl procedures aa previred for in this Order shall be strictly obnerved Section 1. Policies. in recognition of the inherent vight of 1C8/IPs (0 seitgovernance and eelfletermination as well az thet cantribution inthe conservation, mangement, development of the country’s environment and natusal resources fur the welfare of the present and future Filipino generations, the State shall protect and guarantee their right to pursue their economic, sonal and cultural well-being not only to ensure equitable sharing of benefits fom the bounty of the earth but also to enable them to flourish under a hatanee -and healthful erology in accord with the rhythm and harmony of nature Section 2. - Objectives. . For the effective implementation of this Order, the following objectives shall serve ag guides: 2.1. General Objectives: The DENR and NCIP shall a. slointly undertake the recognition, documentation, registration and ~ confirmation ef the Traditional and Indigenous Forest Resources Management Systems and Practices (STIFRMSP) »f ICCs/IPs found to he sustainable, which have either heen estabhsher! and/or effectively anaged by families, clans and communities as part af their cultural practices and traditions as well as the role of indigenous socio-crltural snd socio political institutions in this endeavor, - 4 aed ae er b, 4. b To strengthen and enhance the applivabie/atecti Adhere to (he customary 1a iunize (he Indligehous Knowledge Systems are Practices (IKSP) of the [008/16 daither swith the intellectial property rights thereon, if any. 1s accardance with the applienble provisions of the IPRA; Recognize the }CUs/IPe? preferential rights te henefit from the natural resonrees Jound within their ancestral fanits/domains jomtly documented and confiemed purauant te this Order the traditional and culture citiven eustainable forest Institutionalize ies and customary resourres management systems and practices, po laws of the ICR/IPS; ane r Formulate apprmpriate policy /ies consistent with she in-depth study and cunluiation af the documented STIFRMSP hase on their defined culture nye rirstomary laws/ traditions pol ext nsultative, collaborates elfort ancl consensus To insiitritiona building processes between and among indigenous socio-political Insitutions inclnding ita leadership syntem., focal government units W.0tis), the DEWR. the NCIP and other © 1 agencies/ollices / or the enhancement of avproprinte indigenous orranizations pracives of Invest effected in the community asa whole: resnurces management 4° 4 mechanism to be sustainable (raditional indigenous forest resonrces. management systems and prartices: that are innovative, as indigenons socin-political catalyst in the implementation of forest management srhemes within forest ‘To ariopl the experiences, informative insizhin gained and lessons Ieamiedt in the implementation of these curtainable traditional and indigenous forest resources management svetems and practices in Jnalized forests anil wherever anplwoalle; Rpareely oF mal ‘Vo recornize each sustainable tratlitional indigewons forest resources manngeinent system and practice having the maintenance and enhancement of the watershed areas incliding its hiodiversity as the primary purpose and the personal uses thevent secondary, such as: (1) arcas for planting of agricultural crop, (2) stree of construction materials for residential homes and other mod products for homme tise: mel (2) areas where to gather forest prviucts on a regulated hhasts lor liveblioort and entrepreneurship desrlopment; and To strictly adopt and monitor compliance of resontives utilization and igipese penalties and sanctions in case af vinlations thereto in Aecorlance with the respective customary law applicable in the traditional management units auel/o wondllnts t M Sec. 3. = Coverage. This. cnr jehand abl Yoo (Cids/1Ps with Uaditional indigenous forest resourced ridinagement Mean Ard! practices within their ancestral domains/lands, whether it ie hvtivtyal, family, clan acl communal ined in this Order, Bec. 4. . Deftnition of Terma, The following terins » ball he understand and defined as follows: 5. Ancestral Domain Management Block/Umit — riers to indigenous cultural cammmunities/area or part theres, which has the same hahurap soci economic and political conditions that sr being governed by one traditional leadership system and practicing 9 single type of traditional and indigenosts forest resources managreent bindigenous Cnitural Communities /Indigenons Peoples (ICCs/1Ps}- celer to 9 group of penple or homogenous societies identified by self asctiplion and ascription by others, who have continuously lived as organized community on communally bounded and stefined territory, and who have, under claims of ownershyp sin-e time immemorial, oceupied, possessed and utilized such terri sharing common bonds of tapguare, customs, traditions and othe: stistinctive cultural liaits, or whe have. through resister and cultural inenedla af colonization, non-indigenous religions ond cuftures, became historically differentiated from the majority of Fihoines ICCs/IPs shalt likewise inehide peaples who are regarded 9s indienoii# on account of their descent trem the populations which inhabited the country, at the Hime of conquest or colonization, or at the time ol intends of non incligenous religions and cultures, or the establishinent of present state houndaries, wha cetain some or all of their own social, economic, cultaral avd political institutions, but who may have been displaced kom their traditional domains or who may have reettied outside their te political, ene © Indigenous Knowledge Systema and Procticer (IKSP) - refer to svstenms, jasblatons, mechanisms and technoloies comprising a unique hody of knowledge evolved through tine that embody patterns of relationships hetwern and among peoples. thew Jands and resource environment, inchiding such spheres of relationships which may cover social, political, cnltural, economic, religious spheres, and which are the direct’ outcome of the indigenus peoples’ responses to certain necds consisting of adaptive mechanisms which have allowed indigenous peoples (survive and thrive within their givcn socio-cultural and hinphysical conditions 4. Customary favre - refer to a body of written and/or unwritten rules, usages. customs and practices traditionally and ceytinually recognized, saceepted and observed by respective ICCa/IM Application ef these cusignvary laws shall extend to the management of forest and forest tenofirres, the manner of selection in cuitting, Wilization and harvesting of maturesover-mature (delective trees aud ther forest resources, the Pruning of branches of trees for traditional fuelwood and any other similar id customary laws shall likewise cover the sanctions/penaities for various prohibited mots that are imposed by the clders/teadiers a conneil of elders/leaders. 3 ~/ Free and Pris informed: rospective manipplation. interference and coercion, anc! losing. the intent and scope of the wehwity i 4 language and nndable to the communny [be fPIC. shall be iene and be respected werd agencies. di pincers under institutionalize, recognized, documented, « by the DENR. rhe NCTP, LGUs and all other cone ininnbie ‘Traditional and Indigenous Parent Resources Management Svateme and Practices (RTIFRMSP! — refer to those sestems aud pinetices of ICUs/IPS formally recognized registered and confirmed jointly hy the DBNR and the NCIP tha! ‘err «uly verified and found to be the svisiainable forest management averem and practice i Nhe forest watershed area within (he anecstrat Nand of the tonemerett A/T, The follosinw satitcrtions shall have . the following vol . - Roles and Responsibilities nit responsibilities: (ENR) 51 Department of invironment and Natural Reeanses 8 The primary agency of the government responsible for the conserealion, management, developnien! ani the praper use of the W's environment and natural resources as well as the liconsing and the regulation thereof in order ts ensure equitable sharing. of the benefits derived from sail rexourves for the welfare of the present and hature Pilipino generations alilec Field Office having sirengthen existing Uaditional ices by Provisle Jechmical assistance to the ACH jurisdiction ever areas with ICCs/IPs e0 As te leadership systems peetnining to indigenons fons and prac inchgenmorts forest resources management istance and support tmard on participatory 1 se, recoxmition, | 6, Provypie technical as Appronch [sy natural resources manac: | documentation, registration, confirmation, inafuding the preparation / formulation of relevant wamgement projects and programs within ICC/IPs" ancestral demain/land in collaboration with the intended heneficiaries/atakeholiers and concerned powernment entities: on-site chnrcicriznhon, including. Al. Assist in the survey, mapping, the vonduct of required inventary /acconnting ot resources as well an the analysis and interpretation of relevant information necessary for the -enlightenment of all stakeholders in os Collaboration with the NCIP, indigenous political structures. and other stakeholders in the ancestral domain/tnrv!. in accardance | S with an aceeptable/applicable sciener atl the vonditions stated by the mdizcnous leadership systern. ¢ Mentify and recommend enabling eystems/achemes to promote indigenous knowledge/practices as alternatiue approach and/or management fool in forest ecosystem manarement 4 naires be iceued for consist eit Wesource Tekontte use; f. ldentify snd recommend naciral resources uta 5 sustainability concept and indigenous érovlitinn a? the protection and 1 Advarare Anable/sustainable approach 1 with indigenous ronservation of natural resources consistent Knowle. beliefs. systems and practices. sit h. Bxtend technical support in coordination with the NCIP and in callsberstien with the indigenous political sirm ures and other stakeholders in the preparation, forging anc execution of a Memorndam nf Agreement (MOAI amen and between staleghalstors Joe the affective implementation «i this Order 5.2 Mational Commission on Indigenons Peoplen (C0) Vake the lead role in the strengthening of (he sndiwenous systems p of the 16C8/1Ps of Iractrest 1b. Accept applications for, process and issue ( es*ihicates of Ancestral Domain Tiles over ancestral lamainflan. In cases where a fores¢ cexervation overlaps with an ancestesl domain/land, the NCIP shall eesolve the matter pursuant tw Sectivn Zig) and Section 4) ar well as other pertinent prowisinns ef PARA71 or the A of 1997) r ate the formulation of the Ancestral Domain Sustainable Development and Protection Plan (ADSDE) vf the ancestral damain rencerned, including the arca/= overlapped hy forest reservations in collaboration/consultatien with the DENR, the coneemed ICCS/1Ps and other stakeholders/agencies including the respectine Local Government Units (G81 fen in accordance undertake the i 4. Help forilitate the resolution of conflicts /slisr th the 1CCa/IPs* eustomary laws as well 4 documentation thereat; propes h the DENR, in rollaboration with the | e. slointly conduct | indigenous political structures and other stakeholders, | inventory/accounting of resources in secordlance with acreptablefapplicable science and suber? tn the conditio Hl imposed hy the indigenous leadership syste: tinuous documentation ol tle traditional forest ‘stems with respect tp the Intellectual Property (FPIC| processes, | ( Undertatce management Rights theoieh Free and Informed Consent | ALISDPP formulation or-Contracts on Benefit Sharing over forest >. areas, including the species of flora an fauna therein, and other Sets of their material and spiritual entire pertaining to the Biodiversity in the ancestral domain land, ant y. Wxlend technical support and assistance jesnily witty the DENR in. the preparation, forging and execution al» Memorandum. of Agreement (MOAL between and among stakeholders for the eflentive implementation of this Order. 5 fr Seancil of Blders/ 5.3 Indigenous Socie-Politien Leaders) 4. Rormatize the traditional leadership svsiew pursuant to rustomary Inve and practices in managig fwestlands and the forest eenmyrees found therein; by. Take the Ieacl role in resolving conflicts/sliepsies in accordance with their customs and traditions on conaerecs, building within their amainy; © Initiate aud approve the participatory forevtiation of community poligies relate to the effective management snd conservation of rendation for the iahyiee their eeeritarys Tordst resonrces, including the revo entahlishment of community /village foreat: ne ita authority within the osmamnity for the Aes gnvemanes fowards effective implementation of eutural ‘oustainable forest conservation and management: and © Actively support and participate with the DMNR, fhe NCIP and all the LGUs concemed in the preparation and forging of a MOA for the elfecries implementation of this rset, Nec. 6 — Mecognition of Indigenoun and ‘raditiovally Managed Forests Syntems and Practices. All existing incdigensn= and traditionally managed forest aysleme and practices that were mitially end jointly documented and veritied by Regional Offices of the DENT and the NCIP to he promoting and practicing forest and biodiversity conservation. lnrest protectis anil sensible utilization of the resources found therein hased on existing. customary laws and duly endorsed by the LGUs concerned through Resolution oe Orehinanes shall be issued @ Joint Confirmation and Recognition Order HICRO) by the respective DENR-Regional Executive Director (RED) and the NCI Regional Director (RO) However, igsuance of any utilization permit f the DENR for the tesantees found fherein shall be held in abeyance oensling the signing of a Meniorancinm of Agtrorent (MOA) between and among the DENR, the NCIP, the ICCs/IPs, socie-political structures and LGUs. Barangay, Municipal and Provincial Jevel, ane the formulation and issuance of toint Implementing Filles and Regulation (IRR) between and among the DNR, the NCIP, soneerned LGUs and head or duly authorized representative of the concerned ICC/IP for @ particular indigenous and traditional foren! management system aud practice for the operationalization of each Sustainable Traditional Ineligenous Rorest Resminces Management Systems and Practices (STIFRMSP, + Finally, validly existing resources utilization permits duly issued by the DENK to the 1CCs/1Ps prior to this Order shall continne ty be respected until its expiration or until the allowable volume has been filly consumed or the harvesting fh the allowable area has becn finished, whichever comes Grst fee. 7. ~ Formulation of @ MOA and the IRR The Memorandum of Agreement (MOA) shall contain, among others, thy commitment of all coneerned signatories tn the sustainable management of the siihject forest area and its forest resmmiroes, the procedures to he followed in the perationalization of the traditional and indigenous forest: c cnt with the traditions and culture thetein incline Hie panding, “and sanctinns ja he imposed for ech very nolation, to. be Loumutted Saw MOA shalt alo include proviniens on the. roles and feaponsitilities of all parties in the documentation of iniornatinn and/or in the patherieie of primare data tor the recognition and confirmation of the traditional Holts foenet neanagement systems and praetor Phe eutput at the inint documentation as well ae the stiyalations under the MOA shall he vise1 in the formulation of apprepeate jou tnyplementing Pates and Regulations GRRL beoveen and among ihe LENE the NCIP. the conremed LGlis and the head or the duly authorized ceprenentative of the eomecened ICCIP igi ra particular traditional art indigenous forest elices as STIFRM +c B. . Documentation of STUPRMSP ti decnmentation of tadigenons and iradiinnally managed forests and the -hiierent prachees im fhition to forest reources management, harvesting saw! chlization thereof shall be undertaken jointly by the DENR and the NCI m coordination with the: us learershiy avstem, Barangay and Municyal 1GUs and other Keholvers. The identification of other vencomert stakeholders in atipen sed Heoumentstion shall be by consensus between ane among the DENR, the POW gidtigennns fosdorshiy system and the Pets the area. The doomurntation proven: shall Rens not on specilic harapasy Jevels but on feouiienal donmin management unit/s as a whole ane cheld capture the ntogeative lantecape? rnatiire af the domain vet Hianited to. the The documentation parameters shall inehiele Fallow A.A The Ancentsal Romain Management Black: /Mnit> 1 Feratian. peneral description of the area jue topography, accessibility, slope, present of hazard/danger areas; if already identified’ seit type and steucnire. te) sncluding. the area courage and bounday of the traditional management unit/ block ans or community: by promps: b, Area covered by each JCC/IP using partiotar traditional and Indigenous tovest_ management systema nd practices including, the extent and frequency of how the ICU's/IPs harveat/utilize their nther arest resources: © Loration May: of the area covered Ty the jevditional domain management unit/binck showing the beundaves and adioining to Mayeseat Inn uses and prevailing vewtalive cover” status (prevarbinyc weretation, including the vara. sehwated quantity of ye foe. resources): ty resourses in the ais and strategies on ommunities for maintaning their watershed © Inventory of bindiver rewarcling updand oe ae | : ee to Knomm, important treat AMG Roe jn ne MRR de later and hon timber, wildlife, etc.) including free: rena with Future Heel oe ll eee aT Sma Toren Toaaluecel Fea ee ee eres gg. Nature ot trees and other forest renonrec: 9! tle areca (whether natnrally. growing or plantation forest) erhuding, if possible fimaled stand age, common name, and s-wistitic wae, and All other ‘formation deemed vital and seeded for the comprehensive evaluation of the sustainability of a perticular Indigenous ond {raditional forest managrment oractice t 22 The Commnnity final Strnctures incladime (bs bnie pr sectoral + Indizerin compositions 4 Praditinnal indigenous resource righis niet « Apptoxiroate population (including the estinestt popmlauion of the cammumt; who are using such particu: mdigenous and tradibional forest management practices) Commun livelihood activities and forse! haced activities including the number and nature of the industry/ies making use of the resources from the traditionally managed eee» of the concerned indizenons people/ community; and tional indigenons forest managemein pew ees on. forest ani waiey conservation nT protection and conservation, — sail measnices. eeforestation and agro-forestatins fhe Regional Offices of the DENR and the NCIP, afte) consultation with He LGUs concervet cand other stakeholders mms c

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