This document discusses free, prior, and informed consent (FPIC) as it relates to indigenous peoples and development projects. It provides definitions and explanations of FPIC, including why consent must be free from coercion, prior to formal decisions, and informed with all relevant information. The document outlines FPIC procedures under Philippine law and examples of impacts when consent is and is not given from indigenous communities in Mindanao. It also discusses views from Victoria Cajandig, the first indigenous representative to the Regional Development Council, who believes indigenous assets and culture should be included in frameworks for green growth but that current models bring dangers without addressing root problems. Benefits of inclusion for indigenous peoples are also listed.

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

3. What is FPIC ?
•Free
•Prior and
•Informed
•Consent

4. 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)

5. 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.

6. 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.

7. • 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.

8. Consent
Give or agree
• Ensure consensus &
documentation
• Transparency
Withhold or disagree
• Ensure consensus &
documentation
• Prepare for request
for reconsideration
• Be firm and
consistent

9. Potential Impacts
When Consent is
Given
When Consent is Not
Given
Potential Impacts

11. 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

12. “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

13. 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 –

15. Application Regional Office
Pre-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
R N CR o C
Request for
Reconsideration
MOA Drafting
Validation &
Signing
Preparation of
CP by RD
E.R. Comm. Chairperson
Not less than 10 days
from 1st meeting
Within 30 days
Within 3 days
For concurrence For confirmation
Community
Validation
NO
YES

16. 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

17. 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

20. • 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