RECEFVED
BY:

Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City

SEVENTEENTH CONGRESS

First Regular Session ATION UNIT

House anino. 115

introduced by REP. TEDDY BRAWNER BAGUILAT

EXPLANATORY NOTE.

Article {I of the 1987 Constitution declares as State policies the protection
and advancement of the right of the people to 2 balanced and healthful ecology
in accord with the rhythm and harmony of nature and the recognition and
promotion of the rights of indigenous cultural communities within the framework
of national unity and development. Corollary to this declaration, the State has
implemented the policy to pursue sustainable development, biodiversity
conservation, and climate change mitigation and adaptation, and to recognize the
rights of the Indigenous Cultural Communities/indigenous Peoples (ICCs/iPs) as
embodied in several legislations and programs implemented by the Executive
Branch,

Pursuant to this, the State has adopted the principle of protecting Key
Biodiversity Areas (KBAs) and acknowledged the significant contribution of
conservation areas managed by ICCs/IPs in the safeguarding the county'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 Consiitution, Republic Act No. 8371 (RA 8371) or the
Indigenous Peoples Rights Act of 1997 (IPRA), and the Universal Declaration of
the Rights of the Indigenous Peoples (UNDRIP), which provides that the State
shall recognize and respect the designation, declaration or establishment of
Indigenous Community Conserved Areas (ICCAs) by ICCs/IPs within their
Ancestral Domain, and the United Nations Convention on Biological Diversity
(CBD), which provides that the State foster the recognition and promotion of
other conservation area governance types aside from protected areas. The CBD
subsequently led to Republic Act " \0.7586, otherwise known as the “National
Integrated Protected Areas Systen ‘NIPAS) Act of 1992” and Republic Act No
9174 otherwise known as the “Wilvilife Resources Conservation and Protection
Act”

ENTATIVES

BILLS AN» INDEX SERVICE


To give life to the Constitutional Mandate and the International Covenants,
and to integrate and further strengthen the Indigenous Peoples Rights Act (IPRA)
of 1997, National Integrated Protected Area System (NIPAS) Act of 1992, and
the Wildlife Resources Conservation and Protection Act, it is necessary to pass
this Bill to protect the Indigenous Community Conserved Areas or ICCA. This bill
provides for a system of recognition, registration, protection and promotion of the
covered lands, providing penalties to any act of desecration of the
abovementioned areas. Furthermore, a law specifically for ICCAs would provide
the necessary government mandate, especially the annual budget and people
needed to manage the ICCAs

For the foregoing reasons, the immediate approval is therefore earnestly
sought

TEDDY BRAWNER BAGUILAT
Represefitative, Lone district of Ifugao


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO.__115

Introduced by REP. TEDDY BRAWNER BAGUILAT

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:

CHAPTER |
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" and critical habitats designated under Republic Act No.
9174, otherwise known as the "Wildlife Resources Conservation and Protection
Act, among others. It shall 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;

¢. 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";

(f) “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
communitiesfindigenous peoples and local communities 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;


(j) “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
forestwatershed area within the ancestral domain/land of the concerned
ICIP;

(

“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 II

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. CCAs 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 concemed ICCIIP, the requirements for free
and prior informed consent (FPIC) shalll 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 concemed 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/Ps
shall be accorded respect.

CHAPTER Ill
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 concemed 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 ICCAs 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)

CHAPTER IV
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 concemed 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 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.

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 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.

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

CHAPTER V
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 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

CHAPTER VI
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;

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

(e) 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
fineof 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 civitliabilities.

CHAPTER VII
FINAL PROVISIONS

SECTION 23. 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 ihe 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,