E/CN.4/2003/90/Add.3 page 3 In view of the above, the Special Rapporteur makes the following recommendations to the Government of the Philippines and other parties: (a) That the National Commission on Indigenous Peoples (NCIP) become firmly established as the lead agency in protecting and promoting indigenous rights, as well as in implementing government policy with regard to the indigenous communities. The capacity of NCIP must be strengthened in terms of adequate institutional, human and financial resources. NCIP offices fully qualified to deal with development and human rights issues in defence of indigenous communities should be set up in every indigenous area. NCIP should further improve its coordination with other government agencies, particularly with the Department of Environment and Natural Resources, for the effective implementation of the provisions of IPRA, especially as regards the question of ancestral domain claims and titles. The widest possible participation of indigenous peoples in the activities of NCIP must be assured at all levels. Indeed, the Special Rapporteur recommends that NCIP call for a National Consultative Assembly on these issues; (b) That Task Force 63 be maintained as the highest level for dealing with emergency issues regarding indigenous peoples, under the chairmanship of the President of the Republic; (c) That the Philippine judiciary fully respect the legislative intent and spirit of IPRA and ensure that maximum favour be accorded to indigenous peoples in resolving the issue of conflicts of law between IPRA and other national legislation such as the 1995 Mining Act. Moreover, special training programmes should be designed for judges, prosecutors and legal defenders regarding indigenous peoples’ rights and cultures; (d) That the National Commission on Human Rights (NCHR) expand its activities in the area of indigenous rights and incorporate and train an increasing number of indigenous legal defenders to be active in taking up the human rights grievances of indigenous peoples. NCHR could, for example, spearhead a movement to create a broader structure to determine and certify prior, free and informed consent by indigenous peoples, whenever necessary; (e) That resolving land rights issues should at all times take priority over commercial development. There needs to be recognition not only in law but also in practice of the prior right of traditional communities. The idea of prior right being granted to a mining or other business company rather than to a community that has held and cared for the land over generations must be stopped, as it brings the whole system of protection of human rights of indigenous peoples into disrepute. Bringing justice to indigenous communities in the area of land rights is the great historical responsibility of the present Government of the Philippines; (f) That the Government of the Philippines carry out a prompt and effective investigation of the numerous human rights violations committed against indigenous peoples, which have been documented by human rights organizations and special fact-finding missions. The Special Rapporteur further urges the Government to take all necessary measures to prevent a recurrence of human rights violations;