Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS:
First Regular Session
HOUSE BILL NO,_2281

Introduced by REP. MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

The International Union for the Conservation of Nature defines “ICCAs” as
natural and/or modified ecosystems containing significant biodiversity values,
ecological services and cultural values, voluntarily conserved by indigenous
peoples and local communities, both sedentary and mobile, through customary
laws or other effective means. They range from very small to large stretches of
land and waterscapes.”

‘They help in conserving critical ecosystems and threatened species, and
maintaining essential ecosystem functions. They are also the basis of cultural
and economic livelihoods for millions of people.

In the Philippines, ICCAs include sacred sites and natural features,
indigenous territories, cultural landscapes and seascapes. ICCA sites also
represent different biogeographic regions found from the mountain ridges to the
coral reefs. They serve as habitats to a high diversity of flora and fauna.

Numerous Philippine ICCAs, however, are distressed because of
unsuitable development and educational models, religious intrusions, and
external influences to local value systems. Further, ICCAs are threatened by
commercial users, land traffickers, and even community members under the
increasing. These are all for the valuable resources that these areas have.

The proposed Philippine ICCA Bill will enhance and strengthen the
interface between the Indigenous Peoples Rights Act (IPRA) of 1997 and the
National Integrated Protected Areas System (NIPAS) Act of 1992. This Bill is also
in accordance with the Convention on Biodiversity (CBD) which provides that the
State shall foster the recognition and promotion of “other effective area-based
conservation measures” aside from national parks and protected areas.

As to its functions, the ICCA Bill will provide for a system of recognition,
registration, protection and promotion of covered lands, and penalize acts of
desecration of the aforementioned areas.


In view of the foregoing, the passage of this Bill is earnestly sought.

1* District, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Sesgi
HOUSE BILL NO. 2201.

Introduced by Rep. Maria Lourdes Acosta-Alba

AN ACT RECOGNIZING, PROTECTING AND STRENGTHENING THE INDIGENOUS
PEOPLES AND LOCAL COMMUNITIES CONSERVED AREAS AND TERRITORIES,
ACKNOWLEDGING THEIR CONTRIBUTION TO BIODIVERSITY CONSERVATION AND
PROTECTION OF KEY BIODIVERSITY AREAS, ESTABLISHING FOR THE PURPOSE
THE NATIONAL ICCA REGISTRY, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the "Indigenous Peoples
and Local Communities Conserved Areas and Territories (ICCA) Act of 2016"

SECTION 2. Declaration of Policy - It shall be the policy of the State to pursue
sustainable development, recognition of the rights of Indigenous Cultural Communities/
Indigenous Peoples (ICCs/IPs), biodiversity conservation, and climate change mitigation
and adaptation. Towards this end, the State adopts the principle of protecting Key
Biodiversity Areas (KBAs) and ‘acknowledging the significant contribution of
conservation areas managed by ICC/IPs in the safeguarding KBAs and the country's
biodiversity as well as in national climate change mitigation efforts.

Consistent with the recognition and promotion of the rights of ICCs/IPs under the
1987 Constitution, the indigenous Peoples Rights Act of 1997 (IPRA), and the Universal
Declaration of the Rights of Indigenous Peoples (UNDRIP), the State shall recognize and
respect the designation, declaration or establishment of Indigenous Peoples and Local
Communities Conserved Areas and Territories (ICCAs) by ICC/IPs in KBAs within their
ancestral domains.

As a party to the United Nations Convention on Biological Diversity (CBD), the State
shall foster the recognition and promotion of other conservation area governance types
aside from protected areas established under Republic Act No. 7586, otherwise known
as the "National Integrated Protected Areas System (NIPAS) Act of 1992" end critical
habitats designated under Republic Act No.9174, otherwise known as the "Wildlife
Resources Conservation and Protection Act", among others. It shell also be the policy of
the State to recognize, promote and support the initiatives of local communities in
establishing and maintenance of ICCAs in KBAs within forestlands.


SECTION 3. Guiding Principles. - In the promotion of the recognition of ICCAs, all
concerned government agencies shall be guided by the following:

a. Recognition and promotion of ICC/IP rights to their ancestral domains includes
the full recognition of ICCAs as well as the ICC/IP's right to maintain, protect,
and regulate access and prohibit unauthorized intrusion thereto,

b. As part of their responsibilities to their ancestral domain, ICCs/IPs shall have
priority in the management of their conservation areas and the preservation,
restoration, and maintenance of ecological balance and biodiversity therein, with
the full and effective assistance of government agencies;

c. ICCAs shall be considered in the formulation of: and integrated in, national and
subnational policies, plans and programs in recognition and respect of the
ICC/IP's right to preserve and develop their cultures, traditions, and institutions
within the framework of national unity and development;

d. The positive contribution to biodiversity conservation of ICCAs and related
sustainable traditional indigenous forest resources management systems and
practices shall be fully acknowledged and included in the accounting and
reporting of the national implementation of CBD obligations; and ICCs/IPs shall
have a fair and equitable share in the commercial profits of users of well-defined
and confirmed ecosystem services provided by ICCAs, in recognition and respect
of the ICC/IP’s right to benefit and share in the profits from allocation and
utilization of the natural resources found in their ancestral domains.

SECTION 4. Definition of Terms. - For purposes of this Act, the following terms
shall have the corresponding meanings:

(a) "Ancestral Domain Sustainable Development and Protection Plan" or "ADSDPP’
refers to the document consolidating the plans of the ICC/IP for the sustainable
management and development of the land and natural resources as well as
human resources within their ancestral domains based on their indigenous
knowledge systems and practices and on the principle of self-determination;

(b) "Biological Diversity’ or "Biodiversity' refers to the variety and variability among
all living organisms and the ecological complex in which they occur;

(c) "DENR' refers to the Department of Environment and Natural Resources,

(d) "Ecosystem services” refer to environmental goods and regulating, supporting,
and cultural services provided by ecosystems that are directly enjoyed, consumed
or used to further human well-being; or benefits that people derive from an
ecosystem;

(e) "Indigenous Cultural Communities/Indigenous Peoples” refer to a group of people
or homogenous societies as defined under Republic Act No. 8371 , otherwise
known as ‘The Indigenous Peoples Rights Act of 1997";


() "Indigenous Peoples and Local Communities Conserved Areas and Territories" or
"ICCAS' refers to natural and/or modified ecosystems containing significant
biodiversity values, ecological services and cultural values, voluntarily conserved
by indigenous cultural communities/indigenous peoples and local communities
through customary laws or other effective means;

(g) "Key Biodiversity Areas’ or "KBAS' refer to sites of global significance for
biodiversity conservation identified using globally standard criteria and
thresholds, based on the needs of biodiversity requiring safeguards at the site
scale. These criteria are based on the framework’ of vulnerability and
irreplaceability widely used in systematic conservation planning;

(h) "NCIP' refers to the National Commission on Indigenous Peoples;

(i)

"National ICCA Registry refers to the database maintained by jointly by the NC\P
and the DENR containing qualitative, quantitative and spatial data on ICCAs as
provided by ICCs/IPs themselves;

‘Protected Areas" refer to identified portions of land and water set aside by reason
of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation and
included as a component of the National Integrated Protected Area System
(NIPAS);

@

(k) "Sustainable Traditional Indigenous Forest Resources Management Systems and
Practices" or "ST/FRMSP' refer to those systems and practices of ICCs/ IPS
formally recognized, registered and confirmed jointly by the DENR and the NCIP
that were duly verified and found to be the sustainable forest management system
and practice in the forest/watershed area within the ancestral domain/land of
the concerned ICC/IP;

"Sustainable Traditional Resource Rights’ refer to the rights of ICCs/Ps to
sustainably use, manage, protect and conserve a) land, air, water, and minerals;
b) plants, animals and other organisms; c) collecting fishing and hunting grounds;
d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in
accordance with their indigenous knowledge, beliefs, systems and practices.

0

INDIGENOUS PEOPLES AND LOCAL COMMUNITIES CONSERVED AREAS AND
TERRITORIES

SECTION 5. Recognition of ICCAs. — ICCAs shall be respected as an exercise by
the ICC/IP of their ancestral domain rights as well as of their sustainable traditional
resource rights. ICCAs shall be accorded special protection and full recognition by all
national end local government agencies. Except for ICCA documentation and mapping
and biodiversity conservation-related activities involving the full participation of the
concerned ICC/IP, the requirements for free and prior informed consent (FPIC) shall be
strictly followed for all other allowable activities within ICCAs.

SECTION 6. Protection/Privileges of ICCAs. - ICCAs are hereby declared as no
go zone for mining and other destructive forms of natural resource exploration,


development and utilization. These activities shall likewise be not allowed outside the
ICCAs if it will adversely impact the ICCA.

SECTION 7. Zones. - ICCs/IPs may establish zones within their ICCAs and provide
for the management and use for such zones in accordance with their customary
laws, traditions, customs or practices.

SECTION 8. ICCAs in Key Biodiversity Areas. - ICCAs within or encompassing
KBAs shall be maintained, managed and sustainably developed in a manner consistent
with conservation of the biodiversity found therein. As habitats or threatened species of
Philippine wildlife, KBAs are environmentally critical areas (ECAs) in the context of the
Philippine Environmental Impact Statement System.

KBAs shall be those identified by the Philippine Biodiversity Conservation Priority
Setting Program and its iterations as updated by the DENR in consultation with other
concerned government agencies, the academe; private sector and civil society.

SECTION 9. Respect for the names and designations made by the ICC/IP. -
Place names and designations of ICCAs in the native dialect of the ICCs/IPs shall be
accorded respect.

REGISTRATION AND MAINSTREAMING OF ICCAS

SECTION 10. National ICCA Registry. - To ensure the availability of official
information on ICCAs, there is hereby established a centralized information
management system to be known as the National ICCA Registry. The National ICCA
Registry shall contain records of all pertinent information voluntarily submitted by the
concerned ICC/IP regarding their respective ICCAs.

SECTION 11. Implementing Arrangements and Operational Structures. - The
NCIP and the DENR, in consultation and coordination with ICCs/IPs, shall lead in the
establishment of the National ICCA Registry and shall be jointly responsible for its
management and maintenance: Provided, That all information and data in the National
ICCA Registry shall be owned by the ICC/IP providing such information and data as
part of their community intellectual property rights.

SECTION 12. Inclusion in the Comprehensive Land Use Plans and Forest Land
Use Plans. - ICCAs recorded in the National ICCA Registry shall be included and duly
reflected in the Comprehensive Land Use Plan (CLUP) of the concerned local government
unit (LGU). National government agencies shall likewise ensure that the 'CCAs are
recognized in land use plans covering lands of the public domain.

SECTION 13. Inclusion in the Protected Area Management System. - In cases
where ICCAs overlaps with Protected Areas, the ICCAs shall be recognized and included
in the management systems of protected area and KBAs. IKSPs and Customary Laws of
ICCs/IPs duly documented shall be recognized and respected. ICCA plans and
conservation practices shall be harmonized into the Protected Area Management Plan of
the protected area.


SECTION 14. Procedure for formal recognition and listing of ICCAs. - Within
six (6) months from the effectivity of this Act, the NCIP and the DENR, in consultation
with the ICCs/IPs, shall jointly issue the procedural rules and regulations for the
recording and listing of ICCAs in the National ICCA Registry. The procedure shall provide
guidelines for the documentation and mapping of ICCAs, documentation of Indigenous
Knowledge Systems and Practices (IKSP) for biodiversity conservation and management,
by the ICCs/IPs themselves or with the assistance of government and non-government
entities at the option of the ICC/IP. It shall also provide for the incorporation of ICCA in
the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP).

ROLE OF GOVERNMENT AGENCIES

SECTION 15. Role of the DENR. - The DENR shall be the primary government
agency responsible for the full implementation of this Act and shall provide technical
assistance to requesting ICCs/IPs biodiversity assessments and survey, mapping of the
ICCA. Upon the formal request of the concerned ICC/IP, the DENR shall provide
technical assistance for the international recognition of ICCAs through their listing or
registration with the ICCA Registry, the World ICCA Database, or other similar global
platforms or networks, among others. The DENR shall likewise provide information on
the location of KBAs identified in the Philippine Biodiversity Conservation Priority
Setting Program and its iterations or updates.

SECTION 16. Role of the NCIP. - The NCIP shah protect and promote the interest
and well-being of the ICCs/IPs in the context of biodiversity conservation and climate
change mitigation and adaptation. The NCIP shall convene periodic national and
subnational conventions of ICCs/IPs, government agencies: private sector and civil
society organizations to review, assess as well as propose policies or plans to further
promote ICCAs_ It shall also ensure that ICCA concerns and issues are included and
addressed in the ADSDPP of the concerned ICC/IP.

SECTION 17. Role of other government agencies. - Where applicable, national
government agencies shall integrate and mainstream ICCAs in their policies and
programs, provide technical assistance to ICCs/IPs, and support to the National ICCA
Registry. Consistent with their respective mandates and upon formal request an CC/IP,
national government agencies shall provide technical assistance in building and
strengthening the capacity of the requesting ICC/IP to manage their ICCA.

The Department of Education (DepEd), the Commission on Higher Education
(CHED), the Technical Education and Skills Development Authority (TESDA), the
Department of Social Welfare and Development (DSWO), in coordination with the DENR
and the NCIP, and other relevant agencies, shall integrate ICCAs and KBAs in the school
curricula under environmental education at the appropriate educational level/s

SECTION 18. Role of the Private Sector and Civil Society. - The NCIP and DENR
shall actively engage and collaborate with the private sector and civil society in the
raising public awareness and recognition of ICCAs and in obtaining specialized
assistance and service, subject to the free and prior informed consent requirements of
the concerned ICC/IP. Public participation in protection, conservation and sustainable
use activities, especially at the local level, shall be encouraged to maximize conservation
and community benefits.


INCENTIVES

SECTION 19. Incentive Scheme. - The DENR, in coordination with the NCIP, shall
develop sustainable livelihood opportunities for ICCs/IPs particularly those consistent
with traditional practices and resource use that contribute to the sustainable
development and proper management of the ICCAs. In all cases, the interests and well-
being of the ICC/IP concerned shall be paramount.

SECTION 20. Sustainable Livelihoods. - ICCAs listed in the National ICCA Registry
shall enjoy priority as biodiversity conservation and reforestation project sites. Where
appropriate end available, government financial institutions and other government
agencies shall provide financial and technical assistance to ICCs/IPs for the protection
and promotion of their listed ICCAs, particularly in the establishment and

implementation of payment schemes for ecosystem services provided by the
ICCAs.

PENAL PROVISIONS
SECTION 21. Prohibited Acts. - It shall be unlawful for any person to commit the
following acts within an ICCA.
(a) Unauthorized and/or unlawful intrusion upon, or use of any portion of, the
ICCA;
(b) Mineral exploration, extraction and development, quarrying and other
destructive forms of natural resource exploration, development and utilization;
(c) Logging, except in instances of sustainable traditional indigenous forest
resource management practices of ICC/IP;
(4) Mutilating, defacing, removing or otherwise destroying objects that
have cultural, spiritual or ecological significance to ICC/IP;
(c) Dumping of waste products detrimental to flora and fauna.

SECTION 22. Penalties. - Any individual, corporation, partnership, association, or
other juridical entity that commits any of the prohibited acts provided for in Section 21
of this Act shall be prosecuted and upon conviction shall suffer a fine of not less than
SIX THOUSAND PESOS (PhP 6,000.00) or any amount not to exceed FIVE HUNDRED
THOUSAND PESOS (PhP 500,000.00) or imprisonment of not less than SIX (6) MONTHS
AND ONE (1) DAY or more than SIX (6) years, or both, at the discretion of the court,
including perpetual disqualification from public office if the offender is a public officer,
and confiscation or forfeiture in favor of the government of the objects and the
instrumentalities used in committing any of herein prohibited acts. If the ICCA requires
rehabilitation or restoration as determined by the court, the offender shall also be
required to restore or compensate for the restoration from the damage.

If the offender is a corporation, partnership or association, or other juridical entity,
the penalty shall be imposed upon the officer or officers of the corporation, partnership,
association or entity responsible for the violation without prejudice to the cancellation
or revocation of these entities license or accreditation issued to them by any licensing
or accredited body of the government. If such offender is an alien, he or she shall, in
addition to the penalties prescribed in this Act, be deported without further proceedings
after service of the sentence.


The prosecution for offenses set forth in Section 21 of this Act shall be without
prejudice to any liability for violation of Republic Act No. 8371, as amended, otherwise
known as the "Indigenous Peoples Rights Act of 1997", and other criminal or civil

liabilities.

FINAL PROVISIONS

SECTION 23. Annual Report. - On or before March 30 of every year following the
effectivity of this Act, the Council shell submit to the President and to both Houses of
Congress a progress report on the status of the implementation of this Act and on the
implementation of the National ICCA Program. The Council shall recommend legislation,
where applicable and necessary.

SECTION 24. Construction. - The provisions of this Act shall be construed liberally
in favor of ICCs/IPs and in consideration of the protection and conservation of
biodiversity.

SECTION 25. Implementing Rules and Regulations. - The DENR, in coordination
with the NCIP and other concerned government agencies and members of the civil
society, shall, within six (6) months from the effectivity of this Act, promulgate the
necessary rules and regulations for the enforcement of the provisions of this Act.

SECTION 26. Appropriations. - The sum of TWENTY MILLION PESOS (PhP20,
000, 000.00) is hereby appropriated as initial operating fund. Thereafter, the amount
necessary to effectively carry out the provisions of this Act shall be included in the
annual General Appropriations Act. In succeeding years, in additional to the annual
appropriations to be provided for the implementation of this Act, the Fines to be collected
as Penalties under Section 21 shall also be added for the implementation of this law.

SECTION 27. Repealing Clause. - All laws, decrees: executive orders, rules and
regulations or parts thereof inconsistent with or contrary to the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 28. Saving Clause. - This Act shall not in any manner adversely affect
the rights and benefits of the ICCs/IPs under other conventions, recommendations,
international treaties, national laws, awards, customs and agreements.

SECTION 29. Separability Clause. - If any part or provision of this Act is held
unconstitutional or invalid, other parts or provisions hereof which are not affected shall
continue to remain in full force and effect.

SECTION 30. Effectivity. - This Act shall take effect fifteen (15) days following
completion of its publication in at least two (2) newspapers of general circulation.

Approved