“Ever since our tribe has not been giving consent to your mining operation but you still pushed through with your operation. You have no respect…! This was the statement of Onsino Mato, the ‘Soliling’ of Timuay Jose ‘Boy’ Anoy or the secretary of the tribal chieftain during his presentation of the position of the Subanen community of the application of TVIRD for their expansion. This was during the Free, Prior and Informed Consent process conducted by the National Commission on Indigenous People last June 17, 2007

Timuay Jose ‘Boy’ Anoy on his speech before his people and the representatives from the Company, TVIRD, said that even the mining operation of the company within the Mineral Production Sharing Agreement or the MPSA that covers 508 hectares, the Subanen did not gave their consent.

It must be remembered that when TVIRD started its operation in MT. Canatuan, Siocon, Zamboanga del Norte, Philippines, there was never a Free, Prior and Informed Consent process conducted though the company says: ‘From a strictly legal point of view, under the Indigenous Peoples’ Rights Act, TVIRD was not required to seek the FPIC of the Siocon Subanen Association Inc. (SSAI) (the association formed to gain government recognition of land. The legitimate one was headed by the real tribal chieftain as recognized by the community, Timuay Jose ‘Boy’ Anoy and whom the company ignored with the creation of their version of the association which is called by the people as SSAI 2 or TVSSAI.) as defined by the Act,…TVIRD’s rights under the Mineral Production Agreement (MPSA) clearly predated any rights the SSAI may have had, associated with the CADC and CADT.

Nevertheless, the MPSA agreed by TVIRD and the Department of Environment and Natural Resources (DENR) makes clear TVIRD’s obligation to ‘recognize and respect the rights, customs and traditions of the indigenous tribal communities over their ancestral lands.’

During the FPIC process last June 17, 2007, the “were sorry” strategy of the Community Relations and Development Office (CREDO) officials to win the hearts of the Subanen was not effective as they expect it to be. The wound that the company inflected into the hearts and minds of the Subanen is too deep that it cannot be healed by a mere apology. How can TVIRD asks for an apology and still continues to violate the basic rights of the Subanen People? Onsino Mato told a staff of DIOPIM Committee on Mining Issues (DCMI) that TVIRD is just decieving them.

The Process ended and TVIRD still gets the NON-CONSENT position of the Subanen community.