Conflict Sensitive Resource and Asset Management (COSERAM) Program Rights Based Approach Free and Prior Informed Consent - FPIC

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1 Conflict Sensitive Resource and Asset Management (COSERAM) Program Rights Based Approach Free and Prior Informed Consent - FPIC 3 May February 2014 Page 1

2 Context Indigenous Peoples (IP) in the Philippines Signatory of United Nations Declaration on the Rights of Indigenous Peoples Indigenous Peoples Rights Act IPRA (1997) Rights to Ancestral Domains and Lands Self governance and Empowerment Social justice and Human Rights Cultural integrity National Commission on Indigenous Peoples (NCIP) Northern Luzon (33%) Estimated million; 110 ethno-linguistic groups. Northern Luzon (Cordillera Administrative Region, 33%) and Mindanao (61%), with some groups in the Visayas area 214 Certificate of Ancestral Domains issued by NCIP covering 6 million ha with 1.5 million IP Mindanao (61%) Page 2

3 Free and Prior Informed Consent FPIC as an important element of working with HRBA [T]he consensus of all members of the Indigenous Cultural Communities (ICCs) /IPs [is] to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference, coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community. (Sec 3 (g), IPRA) NCIP released Revised Guidelines on FPIC and related Processes in 2012 Extractive, large scale intrusive full scale 7 steps Non-extractive, small scale activities 5 steps Activities that require validation 3 steps Foreign Funded Project undertaken in cooperation with NCIP Community solicited or initiated Activities Issuance of Certification of Precondition Page 3

4 Second phase of COSERAM COSERAM is a German development cooperation program, implemented by GIZ in coordination with NEDA, DILG, DENR, OPAPP, NCIP and LGUs and Civil Society Organizations (WHAT IS IT) COSERAM is promoting a governance of natural resources that provides access tor the marginalized population (WHAT DOES IT DO) COSERAM helps to strengthen the capacities of its partner organizations and other interested parties (HOW DOES IT DO THIS) COSERAM develops methods and tools in order to find peaceful and sustainable solutions to conflicts of interests over the use and management of land and natural resources (HOW DOES IT DO THIS) COSERAM works in conflict affected areas to include marginalized peoples especially IP communities, women and youth in decisions making (WHERE AND WITH WHOM) COSERAM links local and regional experiences with the national level to promote sustainability of processes and lessons learnt (WHERE AND WHAT FOR) Caraga Region 10 Region /28/2017 February 2014 COSERAM 2 (Modules 1 and 2) Page 4

5 Technical Assistance German contribution through GIZ (up to 12.5 Mill. EUR) Philippine contribution through DENR, DILG, NEDA, NCIP, OPAPP, and other implementing partners such as LGUs and LAs, Civil Society Organisations, IP Communities, Academe and private sector Main program indicators: Indicator 1: 33 potentially violent land-use and land-right conflicts are addressed in a peaceful manner through culture-, gender- and conflict sensitive processes by mandated bodies (LGUs and Line Agencies), integrating all relevant conflicting parties. Indicator 2 In 3 biodiverse indigenous areas, gender- and conflict sensitive management approaches for the conservation of biodiversity are implemented. Page 5

6 Indigenous practices for the conservation of biodiversity IP4BioDiv Page 6

7 Challenges NCIPs role as legally mandated government agency (control) vs. empowerment of and exercise of the right to of self-determination of community Guidelines leave room for interpretation for the lack of accompanying implementing guides and lack of capacity-building of actual implementation and experience in application Contestation among customary/traditional leaders/legitimacy of IP representatives Remoteness of areas, language barrier Lengthy negotiations / different sense of time Resources (time, money and people) Page 7

8 Achievements and Impact Empowerment of community and fulfillment of participation rights as important element of HRBA Ownership of process and project Capacity building on all sides and improved accountability of dutybearers Improved cooperation between community and governmental agencies Sustainability of impact Lessons learnt as Recommendations for enhancement of guidelines Page 8

9 Lessons learnt Incorporate FPIC in project preparation and implementation Provide resources for proper FPIC Balancing spirit of law and process versus practical implementation Respect a NO as one option of FPIC outcome Key: Open dialogue FPIC is a Process not a stamp Page 9

10 Peter Hauschnik COSERAM Program Principal Advisor Cluster Coordinator Mindanao Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Office Manila 2/F PDCP Bank Centre cor. V.A. Rufino and L.P. Leviste Streets Salcedo Village, Makati City Philippines T: / F: E: peter.hauschnik@giz.de Page 10