The head of the National Commission on Indigenous People (NCIP) yesterday lashed at her critics and mining companies urging them to take a look at the Indigenous People’s Rights Act (IPRA) of 1997 that hinders mining activities.

By October 29, the IPRA law will be 15 years in existence and would still serve as a hindrance to every mining proponent, the NCIP chief pointed out. Too, the revised Implementing Rules and Regulation (IRR) of Executive Order 79 (EO 79) or the Presidential Order for a more responsible mining will take effect on October 25, she added.

Zenaida “Brigs” Hamada-Pawid, NCIP chairman, said that her leadership has been the subject of talks, issues and demolition jobs, because of the EO 79 and the IPRA law that boils down to mining, particularly of nickel and copper which enjoy a high demand worldwide.

Pawid who was either appointed or designated by President Benigno Aquino 3rd, as her critics described her, said that she was chosen from a collegial body of NCIP commissioners by a presidential prerogative for reasons she still do not know—she admitted to have grown up in the Cordilleras now infested by mining operations.

“‘Primos inter pares’ [Latin word for first among equals]. The President chooses among the commissioners who will be the chairman. It’s his prerogative and he does not have to explain.

Designation of the chair is a prerogative of the president,” Pawid told The Manila Times, referring to her appointment as the chairman among the seven commissioners of the NCIP.

Because of that appointment, she was branded as ‘Mrs. Destroy NCIP’ as she imposed the Aquino administra-tion’s marching order of institutionalizing transparency and accountability.

Pawid said that NCIP at the same time has just been ‘released’ as an attached agency of Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR) and became a presidential commission under the Office of the President with the office of Executive Secretary as its oversight head office with a mandate to protect the indigenous people (IP).

“We are just serving the un-served portion of the midnight appointees of then President Gloria Macapagal-Arroyo or serving the unexpired term of the midnight appointees,” Pawid explained.

And with all remaining mining areas located in IP communities, Pawid said that everyone must look back what is really the NCIP and IPRA law.

She added that confusions came in when the so-called ancestral land was added to the classification of land where before there were only two—private and public lands.

“Ancestral land or domain are public lands but owned by a community [IPs]. Now most mining areas are within ancestral domain,” Pawid stressed.

She added that problems surface when mining companies would secure first a ‘free prior informed consent’ (FPIC), which they repeal with a process that it may only be granted if IPs in the areas really gave their consent before any mining company could have their mining operations.

“That’s what happened in many areas before. Indigenous people were just driven away then,” Pawid said insisting that the purpose of FPIC is to consult the IP, give them (mining companies) time and chance to talked to IP.

“Don’t divide the IP community,” she echoed as it will take more time and might reach the Supreme Court, before the ancestral domain may be permitted for mining use.

Pawid insisted that one must look first who owns the public open land, if there is IP in that land it is considered an ancestral domain.

She added that people should not talk about NCIP personalities but how thing should be done with the IPRA law with regards to EO 79.