4. The FPIC requirement has been uniformly violated by both State & non-State duty bearers One of the mechanisms for exercising the right to self-governance and self-determination is that of the requirement of securing FPIC. FPIC is a mechanism for the expression and attainment of the right to self-determination of the IPs. It is defined by the IPRA as “the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference, coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.” It is enforced primarily by the NCIP through NCIP Administrative Order No. 03 Series of 2012. The reports of IPs in the National Inquiry of the CHR, however, show that the NCIP and all State duty bearers implementing projects or programs affecting IP, have been wanting in enforcement of and compliance with this right. Testimonies during the public hearings across all regions covered reported lack of FPIC for natural resource extraction businesses, government power generation projects and tourism projects. Moreover, despite complaints filed by IP with the NCIP, no remedies were forthcoming. Specific complaints on failure to secure FPIC reported during the public hearings include: The DENR’s National Greening Program in Capiz was implemented by the DENR 19; Ecotourism projects in AD areas near Montilano Falls in Iloilo 20; LGU construction of commercial water reservoir in Bohol 21; The policies and implementing regulations of the Bottom Up Budgeting, i.e., Assistance to Disadvantaged Municipalities Program did not have FPIC 22; e) The San Andres Corporation, Lionheart, Green Palawan Power Agriculture Corporation and Aguilar Philippines pursue agribusiness in palm oil, corn oil and Coconut oil in certain parts of Palawan without securing FPIC 23; f) Citinickel Mines and Development Corporation operates in Sofronio and Narra, Palawan have violated FPIC and royalty Agreements with IP24; g) Aboitiz geothermal project in San Marcelino, Zambales in Aeta Domain 25; h) Ore Mining and Development Corporation operations in Dona Remedios Trinidad, Bulacan in Dumagat Ancestral Domain; i) Quarrying operations in Mabalacat, Pampanga affecting Aeta; j) Utilization of the Masungi Georeserve in Brgy. Cuyambay, Tanay, Rizal and the National Greening Program in Montalban, Rizal affecting Dumagat-Remontado; a) b) c) d) 19 Report of Atty. Rosette Ferrer (DENR Centralized Office) during the Iloilo public hearing Report of Val Talavero (DENR Region VI) during the Iloilo public hearing. 21 Report of Robert Datahan (Eskaya) during the Iloilo public hearing. 22 Report of Dino Ponsaran (DILG-Region VI) during the Iloilo public hearing. 23 Report of Motalib Kemil (Tagbanwa) during the Palawan public hearing. 24 Report of Joel Limsa (Tagbanwa, IPMR-Narra, Palawan) during the Palawan public hearing. 25 Reported during the Tagaytay City public hearing. 20 Page | 16