An oversight body, the IP Human Rights Observatory, working towards achieving the aforementioned goals can oversee and referee three (3) partnership mechanisms: 1) the inter-agency partnership; 2) the civil society partnership and the 3) IP partnership convened by an independent Constitutional Commission (the CHR) that anchors itself on IP community-set indicators will result in more responsive and effective remedial mechanisms as well as cost saving benefits to government that comes with data sharing; Monitoring and Evaluation tool sharing and interagency coordination for remediation. V.a. Recommendations addressed to State Duty Bearers a) The CHR recommends the review and amendment of the provision in the JAO 1 Series of 2012’s that indefinitely holds the issuance and registration of CADTs by the NCIP in order to protect the Ancestral Domains from further encroachment. It also advises the DENR and the DAR to adopt the cut-off date of November 22, 1997 effectivity of the IPRA to stop further survey plans for issuances of all manner of tenurial instruments and other land titles beyond said cut-off date. Said review and amendment of this JAO should be undertaken no later than ninety (90) days to be monitored by the CHR so that no further delays violates the rights of IPs to own their ancestral domains. b) The CHR endorses to Congress, the enhanced version of the BBL wherein the Mindanao IP Legislative Assembly (MIPLA) made substantial recommendations for the creation of an Independent IP Commission in Mindanao to protect IP rights in the establishment of the Bangsamoro political entity. c) The CHR advises all government agencies and instrumentalities that the FPIC requirement is the IPRA-created mechanism to guarantee the rights to self-governance and selfdetermination of the IP and applies to all public and private actions that affect IP communities as an indivisible whole. They are advised to seek FPIC before implementing their projects and programs or risk prosecution under the penal provisions of the IPRA. They are advised to participate in the partnership building with the IPs and Civil Society to facilitate the process of seeking FPIC and adopting a common Monitoring and Evaluation system as well as sharing of data relevant to IPs. d) In the case of IP displacement and killings due to conflicts within the ancestral domain, the CHR reiterates the recommendation from the Haran incident report that “calls on both the Philippine Government and the NPA to refrain from creating conditions that cause indigenous people to evacuate from their ancestral domains…(such as)…coercion, intimidation or deception that will cause the (IPs) to leave their ancestral domains.” Further that this includes “ refrain(ing) from recruiting indigenous peoples, especially children for activities relating to the armed conflict”. CHR further calls on the state to investigate all parties in these conflicts for possible violations of relevant laws and make the report of this investigation public. Page | 25

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