SPECIAL REPORT
Corporate Mining:
An Unjust Imposition
on IP Collective Rights
and Systems
Last of two parts
Corporate
mining in indigenous lands affects all strands of the peoples collective
life as distinct from others, and directly threatens not just their
survival economically, but also their continuing collective existence in
their territory as the source of their culture and identity.
By
Joan Carling
Northern Dispatch
Posted by Bulatlat
Collective
socio-political systems
Indigenous peoples (IP) are
governed by their own socio-cultural and political systems, which include
customary laws as tribal/village governance systems to ensure the
protection of the common good, promote cooperation and mutual assistance
and community peace, harmony and security. It also includes collective
mechanisms on decision-making on matters concerning them, as well as on
the participation of all members of the tribe/ village in various
activities and cultural practices.
With the imposition of
corporate mining through legal mechanisms and various forms of deception
and divide and rule tactics, mining companies violate the socio-cultural
and political systems of indigenous peoples as they have shown complete
disrespect to these collective processes and ways of life of indigenous
peoples.
Mining companies usually
resort to misinformation drives, bribery of local leaders, deception
through promises of employment, funds, projects, scholarships and health
facilities among others, in order to get the support of affected
communities. At the same time, they consciously hide their real motive for
profit, and the adverse and long term impacts of their mining operations.
For indigenous communities which have long been neglected by the
government in terms of basic services and sustainable livelihood
assistance, these promises then become very attractive which pave the way
for community divisions. It is very deplorable that mining companies take
advantage of the dire condition of neglect and marginalization of
indigenous communities to pursue their vested interest, leading to
break-up in community cohesion and unity.
Likewise, given the impact of
corporate mining on physical and economic displacements, intact
communities and villages then become dispersed, thereby weakening the
continuing practice of their socio-cultural and political systems. In
their efforts to cope with worsening poverty and marginalization,
individualism and competition become a second nature, contrary to the
tradition of mutual assistance and cooperation for their collective
survival.
Likewise, indigenous systems
of decision making are either subverted or co-opted by mining companies
for them to claim they have the consent of affected communities. This has
been the case in several ongoing mining operations in Mindanao, affecting
Lumad communities.
In conclusion, corporate
mining in indigenous lands affects all strands of the peoples collective
life as distinct from others, and directly threatens not just their
survival economically, but also their continuing collective existence in
their territory as the source of their culture and identity.
The assault of massive
corporate mining will surely be met with strong resistance by indigenous
communities who have continued to nurture and protect their territory.
They will not simply allow the devastation of their land and resources in
the name of profit which has no value in their life.
IPRA and
corporate mining
The Indigenous Peoples Rights
Act (IPRA) was passed in 1997, claiming to uphold the collective rights of
indigenous peoples. Its problematic implementation is characterized by the
lack of substance in fully recognizing the collective rights of indigenous
peoples, and the insincerity of the national government to pursue social
justice for indigenous communities.
While IPRA claims to
recognize ancestral land rights through certificates of ancestral
land/domain titles, this right is still within the framework of the State
having prior right to the people’s natural resources.
The Supreme Court ruling on
the constitutionality of the Mining Act of 1995 provides the national
government with the legal basis to allow foreign-owned mining corporations
to extract mineral resources and contract areas for their mining
operations in the name of national development, even in indigenous lands.
Ancestral land recognition is merely a stewardship arrangement. The State
can still intervene legally on how the resources in IP territories can be
utilized. What can be useful for indigenous peoples under IPRA is the
provision for the “Free, Prior and Informed Consent” (FPIC) of indigenous
communities affected by any project/ activities within their territory or
may adversely affect them. The FPIC provision is based on the principle
of self determination, and the indigenous peoples’ participation in the
decision making process on matters affecting them. But because of the
difficulty of mining companies in acquiring the consent of affected
communities, it has been pressuring the National Commission of Indigenous
Peoples (NCIP) to weaken the provisions of FPIC. In particular, it wants
this process to be technical and procedural, instead of ensuring the
substance of proper and thorough consultations and decision making
processes, availability of needed information, and ensuring the
participation of all affected members of the communities.
While
there are legal avenues where indigenous peoples can continue to assert
their collective rights, what is more important and critical at the moment
is for indigenous peoples to actively defend their territories through
various legitimate forms of struggles, and the exercise of their right to
self-determination at various levels. It is also important to strengthen
cooperation and unity amongst indigenous peoples, while building bridges
and networks for support. Bulatlat
Corporate Mining: Assault on IP Lands
First
of two parts
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