A closer scrutiny of the law reveals, however, several features that run counter to the interests of IPs. For instance, the IPRA requires that IPs must first obtain a Certificate of Ancestral Domain Title (CADT) before they can claim their ancestral lands. However, the Balatik stresses that this feature of the law violates their inherent rights by destroying their traditional communal practice of land ownership and forcing them to name their lands under a single private entity. Moreover, the CADT makes it easier for mining and business organizations to employ “divide-and-conquer” strategies by singling out targets that can be coerced to sell the land.
IPRA also claims to recognize the free prior and informed consent (FPIC) of IPs, stating that in the absence of such a clear consent, any development projects, such as mining and dam construction, cannot proceed.
However, the required FPIC can be cheated, bypassed, or ignored by interested mining companies. One such case was the mining development in Mt. Canatuan by Toronto Ventures Inc. (TVI), a Canadian-Filipino owned mining company, which started operations in 2004 even without the consent of the Subanen people.
TVI claimed to have the support of the Subanen community’s alleged “Council of Elders,” which was, as it turned out, comprised of non-clan members and some tribesmen who were promised rewards for their cooperation. TVI has also recruited a Special Civilian Armed Auxiliary (SCAA) reportedly used to quell the Subanen opposition through intimidation. To date, more than 500 of the 6,500 hectares covered by the CADT for the Canatuan Subanens have been freely taken and operated on by TVI.
Meanwhile, the violation of IPs’ rights continue to this day, with more than 130 recorded murders of IPs since 2001. The toll of ethnocide continues to rise with the seizing of the lands on which IP culture is rooted.
Continuing resistance
Despite its seemingly good intentions, IPRA has consistently failed to protect the rights of IPs, such as the Aetas, Subanens, the Southern Tagalog tribes, and countless others. According to Kilusan ng mga Kabataang Kordilyera para sa Demokrasya at Kaunlaran (Movement of Youth from the Cordilleras for Democracy and Development) Spokesperson Dennis Longid, the law is used to pacify the IPs by making its provisions appear to protect their rights, but is, in reality, only a tool to give business entities the power to grab lands.
“IPRA is not the solution to the Indigenous Peoples’ problems,” Kalipunan ng Katutubong Mamamayan ng Pilipinas National Coordinator Nonoy Gobrin said in a report. “We see nothing more in its substance and much less in the manner it is being implemented.”
Meanwhile, Umpongan shifts to dancing a war ritual. He aims his arrow at a fellow Aeta as they both encircle each other. Their eyes squint, not with despondency, but with rage. They know their real enemies: their age-old subjugation and the very system that supports it. Philippine Collegian / Posted by Bulatlat
