This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VII, No. 5, March 4-10, 2007
Tribal Folks Demand Right to
be Consulted over Mining Claims BAGUIO CITY (246 kms. north
of Manila) Learning from past transgressions on their rights by government
agencies and private corporations made tribal folks more aware of their rights.
Indigenous peoples are pushing that they be consulted first before projects
start in their communities. “This time, we have to heal
the wounds committed in the past. We will strictly follow the process provided
by law and consult the whole community when we get there,” he said, adding that
his company supports the government’s responsible and friendly exploration and
mining policy. © 2007 Bulatlat
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Alipato Publications Permission is granted to reprint or redistribute this article, provided its author/s and Bulatlat are properly credited and notified.
Learning from past transgressions on their rights by government agencies and
private corporations made tribal folks more aware of their rights. Indigenous
peoples are pushing that they be consulted first before projects start in their
communities.
BY ACE ALEGRE
Contributed to Bulatlat
“We can be the best partners in development provided we participate and get
involved in the process,” Kalinga tribal folks said during a recently-held
public consultation held at Davidson Hotel in Tabuk, the capital town of Kalinga
province, home of the fiercest warriors who fought and stopped the World
Bank-funded Chico River Dam Project in the 70's.
Jointly sponsored by the Guidance Management Corporation (GMC) and the National
Commission on Indigenous Peoples (NCIP), the consultation was held to clear the
air in relation to past and future geothermal and mineral explorations in the
area especially in Pasil town.
The NCIP is taking the lead role in consulting villagers affected by projects of
multinational companies and those of government as part of the process of
securing the First and Prior Informed Consent (FPIC) of indigenous peoples.
The GMC and Aracorn Power and Energy Corporation (APEC) are among the mining
and energy companies expressing their interest to operate in Kalinga province.
Villagers accused the GMC of arrogance and disrespect to their culture when the
firm started explorations for sulfur and took mineral samples without getting
the approval of the affected tribal communities.
Colayo tribal folks alleged that the company stole mineral samples from the
area. They said that the GMC tried to deceive them because the company is
actually interested in the minerals found in the area. They said that the
sulfur exploration was just a ploy.
Begging for apology, Ernesto San Jose, GMC Executive Vice President, promised to
correct its previous mistakes and vowed to faithfully follow the Indigenous
Peoples’ Rights Act (IPRA) and other mining rules and regulations.
Business Glitches
GMC is applying for a permit to explore the geothermal potentials of Kalinga.
It previously bought from the Balatoc tribe 399.99 hectares of land for sulfur
exploration, but the project was shelved.
The purchase caused misunderstanding and divisiveness among the claimants.
Thirteen individuals who have claims over the area earlier agreed with GMC to
explore their lots for sulfur. GMC reportedly paid P4 million for the land but
others claimed it was P8 million.
A group calling itself Gonzalo Sangngangao et. al. waived in favor of GMC their
rights to the 399.99 hectares covered by the sulfur project. Balatoc Barangay
Chairman Albert Maiyao certified the sale when the Sangngangao said their group
consented to the transaction.
Mayor Artemio Dalsen also endorsed the waiver for taxation since he believed
that the local government can collect taxes from GMC. But a segment of the
Balatoc tribe petitioned the Provincial Assessor Office to nullify such sale.
NCIP Legal Officer William Puday Jr. explained that no sale took place since the
land is not covered by title and the IPRA provides that the sale of ancestral
lands to outsiders is not permitted.
The Register of Deeds did not also approve the alleged sale.
Ricardo Dang-iw, an official of the Mines and Geosciences Bureau (MGB) for
Kalinga, said that GMC can not claim rights over the contested land since it is
already covered by an exploration permit granted to Makilala Mining Company.
Illegal Encroachment
Mayor Dalsen said Henry Guyang of the Colayo tribe is demanding that GMC pays
an indemnity for illegally encroaching on their ancestral domain to get mineral
samples. In return, tribal folks will pay for the cash and cell phone allegedly
stolen from GMC geologists.
San Jose promised to bring the matter to top management. He extended his
apologies, in behalf of the company, for the lapses allegedly committed by GMC
employees.
Meanwhile, in Benguet, the MGB assured the villagers that no mining permit will
be issued without their consent despite various mining claims over areas covered
by the villages in Kibungan and Atok towns.
MGB-Cordillera director Neoman dela Cruz allayed the fears of indigenous
communities through the Community Volunteer Missioners, a group which raised
concerns over the status of mining applications in Kibungan and Atok.
"Please be informed that this office cannot just issue permits or mineral
agreements without the compliance of the applicants to the mandatory processing
requirements. One of these is the certification of precondition (or) free and
prior informed consent (FPIC), which could only be issued by the National
Commission on Indigenous Peoples (NCIP)," dela Cruz said in his official letter
to the group.
There are 170 mining claims in Boneng, Atok town and Lubo, Kibungan town, both
in Benguet province.
The claims are registered at the MGB under the name of the Al Magan Mining
Exploration Corporation. The applications for production sharing agreements are
still up for publication, posting, broadcast and for endorsement to the NCIP for
FPIC, MGB records show. contributed to Bulatlat