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LA TRINIDAD, Benguet: Concerned leaders of indigenous cultural
communities (ICCs) whose land is covered by a mining permit for
Philex Mines requested Gov. Nestor Fongwan of Benguet to look into
the propriety of the issuance of an exploration permit to the
company.
The concerned ICC elders and leaders
informed Fongwan that they were not part of any consultation made by
said mining company to secure free prior and informed consent (FPIC)
of the indigenous peoples (IP) and ICCs.
Despite failure to involve all the
recognized leaders and elders of ICCs, Philex and IPO-APSSOL, a
group formed to represent the ICCs, entered into a memorandum of
agreement (MOA) allowing mineral production with a sharing agreement
that covered almost 98 hectares.
“We still affirm and still maintain our
statement of rejection dated April 11, 2007, to the APSA 102 of
Philex unless and until the company settle the damages to properties
and depletion of water resources it caused to the communities,”
stated the letter to Fongwan.
The leaders clarified that that are not
contesting the validity of the MOA between Philex and IPO-APSSOL but
they claimed that even residents outside or adjoining the 98
hectares covered by APSA 102 must be involved, saying that they are
also affected by the mining operation of Philex.
The leaders from Tuba, Benguet, who signed
the letter to Fongwan are Camp 3 barangay kagawad Noel Saguid,
councilor of elders/leaders Emilio Mano and Danny Gavino and
community representatives Marcelino Padinay and Segunda Pedro.
The Field Base Investigation of the
National Commission on Indigenous Peoples (NCIP) has listed Mano and
Pedro as among the recognized leaders that should be part of the
process in securing FPIC.
To recall, the NCIP issued in February a
72-hour temporary restraining order against Philex Mining operation
due to the company’s alleged failure to secure FPIC of IPs and
communities affected by its operation in Camp 3, Tuba, Benguet.
Republic Act 8371 or the Indigenous
Peoples Rights Act provides that no permit for exploration,
utilization and development of mineral resources shall be granted or
renewed by concerned agency without the FPIC of the concerned IPs or
ICCs.
-- Harley F. Palangchao
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