REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS
First Regular Session

4219

House Bill No.

Introduced by Hon. Teddy Brawner Baguilat

EXPLANATORY NOTE

Itis the policy of the State to pursue sustainable development, recognition of the rights of Indigenous
Cultural Communities/ indigenous Peoples (ICCs/tPs), biodiversity conservation, and climate change
mitigation and adaptation.

Pursuant to this, the State has adopted the principle of protecting Key Biodiversity Areas (KBAs) and
acknowledging the significant contribution of conservation areas managed by ICC/IPs in the safeguarding
the country's biodiversity as well as in national climate change mitigation efforts.

This action is consistent with the recognition and promotion of the rights of ICCs/IPs under the 1987
Constitution, Republic Act No. 8371 (RA 8371) or the Indigenous Peoples Rights Act of 1997 (IPRA), and the
Universal Declaration of the Rights of Indigenous Peoples (UNDRIP), which provides that the State shall
recognize and respect the designation, declaration or establishment of Indigenous Community Conserved
Areas (ICCAs) by ICC/IPs within their ancestral domains,

Furthermore, this is consistent with the United Nations Convention on Biological Diversity (CBD), which
provides that the State shall foster the recognition and promotion of other conservation area governance
types aside from protected areas. The CBD subsequently led to Republic Act No, 7586, otherwise known as
the "National Integrated Protected Areas System (NIPAS) Act of 1992" and Republic Act No. 9174, otherwise
known as the "Wildlife Resources Conservation and Protection Ac

To give life to the Constitutional Mandate and the international Convenants, and to integrate and further
strengthen the Indigenous Peoples Rights Act, National Integrated Protected Areas System (NIPAS) Act of
1992, and the Wildlife Resources Conservation and Protection Act, it is necessary lo pass this Bill {o protect
the Indigenous Community Conserved Areas orICCA

This Representation holds that for the effective promotion of the said areas, it is necessary to have a
system of recognition, registration, protection and promotion of the covered lands. On the other hand, there
Is also a need to penalize any act of desecration of the abovementioned areas.

For these reasons, | believe that this Bill should be passed into law.

Immediate approval is therefore earnestly sought.

eddy Brawner Baguilat
~ Lone District of Ifugao


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS
First Regular Session

4219

House Bill No.

Introduced by Hon. Teddy Brawner Baguilat

AN ACT PROTECTING AND STRENGTHENING THE INDIGENOUS COMMUNITY
CONSERVED AREAS, RECOGNIZING THEIR CONTRIBUTION TO BIODIVERSITY
CONSERVATION, 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:

CHAPTER |
GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the "Indigenous Community
Conserved Areas Act of 2014".

SEC. 2. Declaration of Policy - It is 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 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
Constitution of the Republic of the Philippines, 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 Community Conserved Areas (ICCAs) by ICC/IPs 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" and critical habitats
designated under Republic Act No. 9174, otherwise known as the "Wildlife Resources
Conservation and Protection Act", among others.

SEC 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.

SEC. 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";

(f) “Indigenous Community Conserved Areas" 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 through customary laws or other effective means;

(9) "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 NCIP
and the DENR containing qualitative, quantitative and spatial data on ICCAs as
provided by ICCs/IPs themselves;

(i) "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 "STIFRMSP" 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 forestiwatershed area within the ancestral domain/land of
theconcerned ICC/IP;

(

"Sustainable Traditional Resource Rights" refer to the rights of ICCs/IPs 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;

CHAPTER li
INDIGENOUS COMMUNITY CONSERVED AREAS

SEC. 5.Recognition of [CCAs.- |CCAs 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 and 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.

SEC. 6.Protection/Privileges of ICCAs. - ICCAs shall be closed to 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.

SEC. 7. Zones. - ICCs/iPs may established zones within their ICCAs and provided for the
management and use for such zones in accordance with their customary laws, traditions,
customs or practices.

SEC. 8./CCAs 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,

SEC. 8. 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.

CHAPTER Ill
REGISTRATION AND MAINSTREAMING OF ICCAS

SEC. 9.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.

SEC. 10.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 shail 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/P providing such information and data as part of their community
intellectual property rights.

SEC. 14.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 ICCAs are recognized in land
use plans covering lands of the public domain

SEC. 12,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 by the ICCAs 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).

CHAPTER IV
ROLE OF GOVERNMENT AGENCIES

SEC. 13. Role of the NCIP.- The NCIP shall be the primary government agency
responsible for the full implementation of this Act and shall 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

SEC. 14,Role of the DENR.- The DENR shall provide technical assistance to requesting
ICCs/Ps 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.

SEC. 15.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 ICC/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 (DSWD), 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,

SEC. 16.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/P.
Public participation in protection, conservation and sustainable use activities, especially at
the local level, shall be encouraged to maximize conservation and community benefits

CHAPTER V
INCENTIVES

SEC. 17. Incentive Scheme. - ICCAs listed in the National ICCA Registry shall enjoy
priority as biodiversity conservation and reforestation project sites. Where appropriate and
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

SEC. 18. Sustainable livelihoods. - 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

CHAPTER Vi
PENAL PROVISIONS

SEC. 19.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;

(d) Mutilating, defacing, removing or otherwise destroying objects that have
cultural, spiritual or ecological significance to ICC/IP;


(2) Dumping of waste products detrimental to flora and fauna;

SEC. 20. Penalties. - Any individual, corporation, partnership, association, or other juridical
entity that commits any of the prohibited acts provided for in Section 18 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 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.

However, the prosecution for offenses set forth in Section 18 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

CHAPTER Vil
FINAL PROVISIONS

SEC. 21.Annual Report. ~ On or before March 30 of every year following the effectivity of
this Act, the Council shall 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,

SEC. 22.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.

SEC. 23.Implementing Rules and Regulations. - The NCIP, in coordination with the DENR
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

SEC. 24.Appropriations. - The sum of TWENTY MILLION PESOS (PhP 20,000,000.00) 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 ahnual 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 20 shall
also be added for the implementation of this law,

SEC. 25.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.

SEC, 26.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.

SEC 27.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.

SEC. 28.Effectivity. - This Act shall take effect fifteen (15) days following completion of its
publication in at least two (2) newspapers of general circulation

Approved,

Hon. Teddy Brawner Baguilat
tative — Lone District of tugao