This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 23, July 17-23, 2005
Philex Faces Suit for
Barring 200 Students
A mining company which is set
to leave Benguet in three years has been sued by several former employees of the
company. This time, it is not about the ill-effects of mining, but the company’s
discriminatory practice in admitting students in the schools within the mining
community.
BY ARTHUR L. ALLAD-IW LA TRINIDAD, Benguet –
Several parents in Tuba and Itogon towns in Benguet, northern Philippines are
filing a lawsuit against the Philex Mining Corporation for denying the
enrollment of some 200 students in two schools located inside its mine site.
Some of the students who were denied admission in the schools are graduating
from elementary and high school. The parents branded the
non-admission as “discriminatory” to the indigenous peoples. The affidavit-complaint of
the 27 parents is already prepared by their lawyers and is expected to be filed
at the Provincial Prosecutors Office this week. The suit is the last resort
of the parents to pursue their children’s enrollment at the Philex Mines
Elementary School and the Saint Louis High School – Philex. The company
allegedly failed to heed the call by both local and national officials to accept
the students’ enrollment. The case springs from the
alleged violation of equal protection and non-discrimination of indigenous
cultural communities which are prohibited under the Indigenous Peoples’ Rights
Act (Republic Act No. 8173) and the Anti-Children Abuse Act (Republic Act No.
7610). A copy of the
affidavit-complaints furnished Northern Dispatch and Bulatlat
showed that most of them are members of the various tribes in the Cordillera who
have been in Philex for years. Some have even served for more than 40 years as
employees of the company. Discrimination Parents said that at least
200 elementary and high school students were not allowed by the company to
enroll at the schools in the mine site. Philex has been operating a
mine in the towns of Tuba and Itogon of this province for the past 47 years.
Rose Nueva from Ifugao, who
has lived in the area since 1970, said that the company’s denial of her
children’s enrollment caused her anguish. Her two children, who should be third
and fourth year high school students, were forced to enroll outside Philex.
“As a result of the
company’s refusal, I was forced to enroll Jan Michael in Potia, Ifugao and Jan
Mark in Baguio City as third year and fourth year students, respectively,” Nueva
said in her affidavit. “We were forced to live separately, causing me more
anguish. Jan Michael called me up crying due to his difficult situation in his
new environment, which further broke my heart.” Malikias Baldo, a Kankanaey
from Mt. Province, lived in the area since 1967 when his father worked for the
company. He was seven years old at that time. He also worked for Philex and was
later retrenched, but chose to stay in the area. He was forced to enroll his
two children in a school in nearby Barangay Ampucao, Itogon which is 15 kms away
from the place. This is discrimination,
Baldo said. “I do not see how they (his children) are different from the members
of the TIHCOSAPI who are the only members recognized as members of the
indigenous peoples living in the area and they are the only ones allowed to
enroll in the schools,” he added. TIHCOSAPI members are allegedly accredited by
the company as the only recognized members of indigenous communities. He also said that the issue
caused him additional expenses and much to worry for his children’s safety as
they need to travel daily. Another complainant said
that Philex Mines has been harassing her and her family to leave their house.
Lately, she was told to abandon her stall at the market despite the business
permit issued by the Tuba local government. Selling in the market is her
family’s source of livelihood. Decongestion program The non-admission of the
school children by Philex Mines is part of the company’s decongestion program
which they tried to impose last year. The company this year issued an advisory
to the parents of the almost 200 students that their dependents would not be
accepted by the two schools. The students are excluded
allegedly because they are not dependents of mines employees. Most of the
parents are former employees and members of the different tribes of the
Cordillera. Parents, however, said that
they are not urging the company to pay for their children’s school fees as they
are ready to pay for these fees. Yet their plea fell on the company’s deaf ears.
Despite the support for the
parents from Sen. Juan Flavier, Department of Education School Superintendent
Mary Namuhe, Regional Director Remedios Taguba, Gov. Borromeo Melchor and the
Provincial Board, the company still refused to admit their children. Real reason
Sources who asked anonymity
said that the company’s decongestion program is questionable. Philex Mines has a 50-year
permit to mine in the area. It is in its 47th year of operation. With
the remaining year, what is the reason for the decongestion, one of the sources
claimed. “This is plain discrimination. Or there are deeper reasons for this
decongestion,” one source said. Another source said that
the area is being considered possible for either mining expansion or residential
sub division. Nordis/Bulatlat © 2004 Bulatlat
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Northern Dispatch
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