Indigenous People and Mining
Posted by Danny Jovica on August 12, 2011 · 7 Comments
I have been reading with concern some propaganda out there regarding the rights of Indigenous People and Mining Companies exploiting them in the Philippines.
One example of this is a news piece posted on Aljazeera titled Philippines’ tribes try to save their forest.
To me this article is verging on nonsense, the Philippines Republic Act 8371 was enacted into law on October 29, 1997, creating the National Commission on Indigenous Peoples (NCIP) merging the ONCC and OSCC as its organic offices.
The function of the National Commission of Indigenous Peoples is to address the issues and concerns of the country’s Indigenous people and oversee the implementation of RA 8371.
There is specific provisions in this Act pertaining to mining and Tribal lands and generally speaking any land that is not titled in the Philippines is more often than not considered part of the Ancestral Domain.
So having said that in order for any mining company to commence mining activities they must first get a mining permit and a pre-requisite to obtaining a mining permit is to get Free and Prior Informed Consent from the Indigenous Tribal Community and then have that certified and approved by the 7 Commissioners comprising the NCIP.
This is a lengthy and exhaustive process which starts at the ground level and works its way up all the way to Manila where the National Commission for Indigenous People finally certifies the FPIC.
The process commences when there is a potential site to being considered by a Mining company we would send liaison personnel to the area to talk with the actual Tribal leaders (Datu’s) and discuss our interests with them and if they would be open to the idea. If at this stage the Datu controlling the area objects or even the Datu’s in neighboring areas object then we would not proceed, it would be an exercise in futility.
If the Datu’s are in favor of the Project then we need to conduct a consultative forum with the Tribal council in the area where not only the Datu’s are involved but the whole tribal council is invited to participate, if they are in favor of the Project we continue to the next step, if not it stops there.
The next step is to get the Provincial Consultative Bodies approval and advertise with poster’s in the area to have a larger open community open forum with all Datu’s, the Tribal Counsel leaders and all the people in the community and surrounding areas in the last case we had over 200+ people attend.
This larger open forum is supervised by the Regional National Commission for Indigenous People and if approved a Memorandum of Agreement is signed with the Tribe and the NCIP.
This MOA along with the regional certification of Free and Prior Informed Consent is forwarded to the Main office in Manila for consideration by the 7 Commissioners comprising the NCIP and only after they review and approve the MOA and Application for Certification for Free and Prior Informed Consent will they issue a Certification of FPIC.
Without this certification an application with the Mines and Geo-sciences Bureau for a permit to mine will NEVER BE APPROVED as the FPIC Certification from the NCIP is an absolute PRE-REQUISITE!
So as you can see the Indigenous tribes are thoroughly protected by law and the articles being posted are pure propaganda by anti-mining lobby using the Indigenous people as a way to exploit their agenda.
My Insights into Mining and the Philippines 
great article. I read the Al Jazeera article and thought here we go again: corruption both gov and corporate and at the expense of the people. Now, my hope is that the law is enforced and people are not displaced like in the amazon and China. thanks.
Kriss
Thank you for your feed back Kriss, and rest assured the law is not only enforced it is part of and a prerequisite to any mining permit application.
Dear Danny,
I have been enlightened and deeply impressed by your article. Thank you!
Unfortunately, another case violating IP’s FPIC right is ongoing in the Province of Cagayan, Northern Luzon Island. Small Scale Mining Permits were issued to (Yinyi) Wellresource Mining Inc. to mine wihtin an Ancetral Domain claimed by the Agtas tribe residing at Barangay Joaquin Dela Cruz, Camalaniuagn. The Tribe filed a Petion at PMRB Cagayan but has no effect.
Nancy,
I would double check with the National Commission on Indigenous Peoples as to the status of the FPIC for the area. In fact it would be illegal for the province to issue a SSMP without the Free and Prior Informed Consent of the Indigenous People. So question is has the SSMP been approved already?
The next issue I have experienced some times is the “officially” recognized “Datu’s” by the NCIP sometimes have a conflict within the tribe as to who are the real tribal leaders. However just as with the Philippine Government which is duly elected by the people, the tribal leaders are also. If there is a renegade group claiming ancestral domain they should do so through the proper channels.
Hi Dany,
The IPs has a claim at NCIP RO-02 but the SSMPs were issued in July 2011 ignoring the IPs right over the land. Now the IPs filed Petition against the Pemittees for staring mining without their consent, and a Temporary Retrain Order has been issued by NCIP RO-02 Hearing Officer.
This is surprising, I would suggest you go to the PMRB (Provincial Mining Regulatory Board) they are the ones who would have approved the SSMP, and ask them what the requirements are for obtaining a SSMP, they will provide you with a checklist of requirements, which include the FPIC. Then you should ask them how/why was this SSMP in question approved without the FPIC and request to see the file to verify if they did comply.
If they didn’t comply this would be a violation of the ANTI-GRAFT AND CORRUPT PRACTICES ACT [REPUBLIC ACT NO. 3019]
Section 3. Corrupt practices of public officers-
(e) Causing any undue injury to any party, including the Government, or giving
any private party any unwarranted benefits, advantage or preference in the discharge of
his official administrative or judicial functions through manifest partiality, evident bad
faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or
permits or other concessions.
-and-
(j) Knowingly approving or granting any license, permit, privilege or benefit in
favor of any person not qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or dummy of one who is not so
qualified or entitled.
The PMRB along with the Governor could be charged by the Ombudsman, so if truly what your saying is true and they were issued permits without FPIC, the IP’s should file complaints with the Ombudsman, and you will see those SSMP’s cancelled quick smart!
Hi Danny,
Can you imagine that now even the NCIP Regional Heraing Office is trying to froce the IPs to withdraw their petition? Because the NCIP RO officer cant resist the “persuasive power” of the illegal miners too. Never to mention the IPs had been threatened that they would be driven out from their domain by the Mayor if they dont kiss the ass of the said SSMP miners.
The petition was filed last early November but the Regional Hearing Officer has not yet come to hearing period.
It seems this is a place you can strip any officials if you have enough bucks!