Mining Activities in Ancestral Domains and Lands
16 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a necessary condition for obtaining Free and Prior Informed Consent (FPIC) from Indigenous Cultural Communities/Indigenous Peoples?

  • The consent must be obtained within a specific timeframe.
  • The consent must reflect the consensus of all members of the Indigenous Cultural Communities/Indigenous Peoples. (correct)
  • The consent must be obtained through a third-party mediator.
  • The community must have some prior experience with mining activities.

    • What is a key principle in obtaining Free and Prior Informed Consent (FPIC) from Indigenous Cultural Communities/Indigenous Peoples?

  • The consent must be obtained through a public hearing.
  • The process must align with the customary laws and practices of the Indigenous Cultural Communities/Indigenous Peoples. (correct)
  • The mining company must provide financial incentives to the community.
  • The consent must be provided in writing only.

    • What percentage of the gross output from the mining activity is the minimum agreed royalty payment for the Indigenous Cultural Communities/Indigenous Peoples?

  • 0.5%
  • 1% (correct)
  • 2%
  • 5%

    • What is the purpose of the trust fund managed and utilized by the Indigenous Cultural Communities/Indigenous Peoples?

    <p>To support the socioeconomic well-being of the Indigenous Cultural Communities/Indigenous Peoples</p> Signup and view all the answers

    How does the IPRA Law define Ancestral Domains?

    <p>As lands, inland waters, coastal areas, and other natural resources traditionally owned, occupied, or used by Indigenous Cultural Communities/Indigenous Peoples</p> Signup and view all the answers

    What right is granted to Indigenous Cultural Communities/Indigenous Peoples under the IPRA Law?

    <p>The right to use, manage, protect, and conserve their natural resources sustainably</p> Signup and view all the answers

    In how many specific contexts does the IPRA Law mention mining/minerals?

    <p>Three</p> Signup and view all the answers

    What is the primary goal of the provision regarding Sustainable Traditional Resource Rights under the IPRA Law?

    <p>To respect and maintain the traditional resource rights of Indigenous Cultural Communities/Indigenous Peoples</p> Signup and view all the answers

    Which of the following rights do ICCs/IPs have in connection with minerals?

    <p>The right to full ownership, control, and protection of their cultural and intellectual rights.</p> Signup and view all the answers

    What is the minimum number of years of actual practice in mining engineering required to become a Board Examiner/Member?

    <p>10 years</p> Signup and view all the answers

    What is the consequence of neglect of duty, incompetency, or unprofessional, dishonorable, or unethical conduct by a Board Member?

    <p>Removal from position by the President through his Executive Secretary.</p> Signup and view all the answers

    Which of the following is a requirement to become a Board Examiner/Member?

    <p>Must hold a degree of Engineer of Mines (E.M.) or Bachelor of Science in Mining Engineering (B.S.E.M.).</p> Signup and view all the answers

    What is included in the definition of ancestral domains?

    <p>Lands, inland waters, coastal areas, and natural resources, including minerals.</p> Signup and view all the answers

    Can a faculty member of an institution where mining engineering, geology, or metallurgy is taught become a Board Examiner/Member?

    <p>No, it is not allowed.</p> Signup and view all the answers

    Who recommends a candidate to become a Board Examiner/Member?

    <p>A bona fide professional mining engineering society.</p> Signup and view all the answers

    Under what condition can a person practice mining engineering?

    <p>Only after obtaining a license to practice mining engineering.</p> Signup and view all the answers

    Study Notes

    Mining Activities in Ancestral Domains and Lands

    • To conduct mining activities within Ancestral Domains and Lands, the following requirements must be met under the IPRA Law (RA 8371):
      • Free and Prior Informed Consent (FPIC) must reflect the consensus of all members of the Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs).
      • The process of obtaining FPIC should align with the customary laws and practices of the ICCs/IPs.
      • The consent must be free from any form of external manipulation, interference, or coercion.
      • Full disclosure of the intent and scope of the mining activity must be provided in a manner that is understandable to the community.
      • The minimum agreed royalty payment for the ICCs/IPs must not be less than 1% of the gross output from the mining activity.
      • This royalty forms part of a trust fund managed and utilized by the ICCs/IPs for their socioeconomic well-being.

    Mentions of Mining/Minerals in the IPRA Law

    • The IPRA Law mentions mining/minerals in three specific contexts:
      • Ancestral domains are defined to include natural resources such as minerals.
      • ICCs/IPs have the right to sustainably use, manage, protect, and conserve their natural resources, including minerals.
      • ICCs/IPs are entitled to full ownership, control, and protection of their cultural and intellectual rights, which include resources such as minerals.

    Can Minerals Be Part of Ancestral Domains?

    • Yes, minerals can be part of ancestral domains.
    • The IPRA Law explicitly includes minerals within the definition of ancestral domains.

    Mining Engineering Law of the Philippines (RA 4274) - 1965

    Who can become Board Examiners/Members?

    • Must be a citizen of the Philippines.
    • Must hold a degree of Engineer of Mines (E.M.) or Bachelor of Science in Mining Engineering (B.S.E.M.) from a legally chartered and reputable engineering school or college.
    • Must be registered and legally qualified to practice mining engineering in the Philippines.
    • Must have at least ten years of actual practice in mining engineering, metallurgical engineering, and/or geology, with at least five years specifically in mining engineering.
    • Must not be a faculty member of any institution where mining engineering, geology, or metallurgy is taught, nor have any financial interest in such an institution.
    • Must be recommended by a bona fide professional mining engineering society.

    Can Board Members be removed?

    • Yes, Board Members can be removed by the President through his Executive Secretary for neglect of duty, incompetency, or unprofessional, dishonorable, unethical conduct.
    • The member concerned must be given an opportunity to defend himself in a proper administrative investigation conducted by the Office of the Civil Service Commissioner.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Description

    Understand the requirements for mining activities in ancestral domains and lands, including the Free and Prior Informed Consent (FPIC) and its alignment with customary laws and practices.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser