csw moa ncip denr

8/9/2019 Csw Moa Ncip Denr

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ATTY. LEONOR ORALDE-QUINTAYO

Chairperson

National Commission on Indigenous Peoples

2ndFloor, N. dela Merced Bldg.,Cor. West and Quezon Avenue, Quezon City

RE :DENR-NCIP COLLABORATION MATTERS ON

BIODIVERSITY & WATERSHEDS IMPROVED

FOR STRONGER ECONOMY & ECOSYSTEM

RESILIENCE (B+WISER) PROGRAMS AND

SIMILAR PROJECTS

Dear Chairperson Quintayo:

This has reference to the letter dated 17 February 2014 from

Dr. Marian S. Delos Angeles, Chief of Party,Biodiversity &

Watersheds Improved for Stronger Economy & Ecosystem Resilience

(B+WISER) Program, enjoining us to bring up with the honorable

Secretary the draft Memorandum of Agreement (MOA) between the

Department of Environment and Natural Resources (DENR) andthe National Commission on Indigenous Peoples (NCIP) on DENR

programs and projects with foreign or local fund support that

would require validation with indigenous cultural

communities/indigenous peoples under the Free and Prior

Informed Consent (FPIC) process.

BACKGROUND:

October 8, 2013 An invitation coming from NCIP

Executive Director Marlea P. Muez was made thru email

for the initial meeting on different government programs


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and projects that involve Indigenous Cultural

Communities (ICCs) and Indigenous Peoples (IPs).

November 21-22, 2013 A workshop was held atCocoon Hotel on the programs and projects involving

ICCs and IPs. Highlighted the FPIC process and

explained the FPIC Validation vis-a-vis the "full blown"

FPIC.

It was pointed out that government projects and

programs should no longer undergo the very tedious

process of a full-blown FPIC. An FPIC validationof

activities would suffice considering that the projects aredevelopmental and non-extractive.

December 17, 2013 Partnership Meeting held at Torre

Venezia; Presentation of the Partners' Agreement template

applicable to a type of project; Scheduling of activities for

complementation and cooperation.

NCIP wants "full disclosure" before the conduct of any

FPIC Validation. This means that the project documentsshould be attached or made an integral part of the MOA

before it could be signed or approved by both parties. The

meeting covered only non-extractive, developmental and

ecologically-balanced ancestral domain projects.

January 21, 2014 Partners presented their respective

programs and projects to NCIP.

In this regard, we are respectfully forwarding the subject

letter of B+WISER containing their position on the FPIC issue and

its implications on the implementation of their program. B+WISER

is restrained from proceeding with its activities on IP grounds

pending the signing of the MOA or Partnership Agreement with

NCIP because of the No MOA, no on the ground work activities.

We respectfully recommend that there should only be one

MOA with NCIP to cover all DENR programs and projects in orderto facilitate the conduct of a joint FPIC validation. The MOA will be

signed by the DENR Secretary and the NCIP Chairperson using the

agency-to-agency mode. The validation in the field shall be done


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