Pagadian City, Zamboanga del Sur (August 15,2007) “How come that a mere administrative guidelines undermines all that is enshrined and protected by no less than the Philippine Constitution and the IPRA?” lamented Timuay Fernando Mudai of the Pigsalabukan Bangsa Subanon (PBS) in reaction to the divisive effect of the NCIP Administrative Order No. 1 series of 2006 (NCIP AO No. 1 - 2006) otherwise known as the Free and Prior Informed Consent (FPIC) Guidelines of 2006.

Timuay Mudai was reacting to at least five cases of FPIC process where only community leaders and members in affected areas within an ancestral domains are involved in the FPIP process as provided in Section 10-b of the NCIP Guidelines. He was referring to two cases in the ancestral domain of the Subanons in Canatuan, Siocon where TVI Resource Development Phils. Inc (TVIRDPI) is applying for two new Mineral Production Sharing Agreements (MPSA). Another three cases is in the ancestral domain of the Subanons in Bayog, Zamboanga del Sur where three mining companies are applying for MPSA and Exploration Permits.

“We insisted that the two consultations on the MPSA Applications of TVIRDI shall be all held in our Balay nog Gukom (Office of the Council) in Paduan and that all of the legitimate members of our Kobogolalan (Council) will participate but the NCIP insisted that it should be done separately and only those coming from the affected areas will be involved because it is mandated in the 2006 Guidelines”, said Timuay Jose Boy Anoy of Canatuan, Siocon. Timuay Anoy was referring to the two MPSA Applications of TVIRDI within his ancestral domain. TVIRDI has an existing active mining operation within the titled ancestral domain of the Subanons. Such operation is opposed by the Subanons within the domain on the grounds that it desecrates Mt. Canatuan , their sacred mountain. TVIRDI repeatedly and publicly declared that Mt. Canatuan is not sacred and the claim of the Subanons is baseless.

“I wrote and requested NCIP that the proposed Community Consultative Assembly (CCA) in our community should be held in our Balay nog Gukom in Paduan because it is culturally inappropriate to do it in our community when we are just part of one Glupa Pusaka (Ancestral Domain) and it is part of our tradition that matters affecting our domain and people should be done in the proper venue. I dont know why the NCIP people keep on insisting to follow their Guidelines, said Timuay Lino Tii of Canatuan”. The area of Timuay Tii is within the same domain that of Timuay Boy Anoy and both of them are recognized Timuays of their domain.

The FPIC process in the ancestral domain in Canatuan is temporarily halted after the complaint filed by the IP leaders.

Timuay Luceño Manda, the head claimant in Bayog, Zamboanga del Sur has another story to tell. “After I received the NCIP invitation for CCA and found that the venue is not in our Balay nog Gukom, the following day I wrote a letter requesting the Community Development Officer (CDO) to transfer the venue to the Balay nog Gukom. I explained to them in my letter that discussions on matters affecting our domain and our peoples well-being should be done in venues duly consecrated for the purpose. To my dismay, despite the enough time to notify the leaders for the transfer of venue, the NCIP proceeded with the CCA in their designated venue and they did it again in July 30 in another area and planned to do it again in another community on August 3. I believe the NCIP will invoke the new FPIC Guidelines for doing this.”

Timuay Manda is referring to applications of TVIRDI, 168 Ferrum Mining and Cebu Ore , all mining companies applying for MPSA and Exploration Permits in different portions of land within their ancestral domain in Bayog. The Subanons of Bayog has a CADT application for an area covering about 30,000 hectares including pristine forest and rich mineral lands. In the 60s and 70s SAMICO, a mining company, was simply removing rock outcrops rich in iron for processing. In the mid-90s, the British mining giant Rio Tinto, Plc., included the whole area in their application for Financial and Technical Assistance Agreement (FTAA) and started preliminary exploration. In 1999, after massive opposition and the fall of the prices of gold, Rio Tinto withdrew their applications.

“We Subanons believe that in deciding matters affecting our domain like mining, we should do it with our ancestors. They, whom we can not see anymore, will only commune with us in hallowed grounds were rituals were performed beforehand. In our case, that is the Balay nog Gukom. We always feel their presence when we discuss crucial matters. When we decide or commence a process without them, our people will be cursed and our community will be divided. We, not the NCIP people or that of the mining companies will suffer for generations. Look what happened to our people now, we are marginalized and suffering from flood and landslides. These are the curse resulting from the failure of our ancestors to prevent logging in our sacred places. We cannot allow the situation to worsen by violating our customs and tradition again. We can never allow our domain to be divided much more that our community fragmented”, Timuay Manda further explained.

“The FPIC Guidelines of 2006 is unconstitutional. It violates the rights of IPs explicitly recognized and promoted by the State as provided in Section 22, Article II of the Philippine Constitution. It grossly violates the spirit of the Indigenous Peoples Rights Act (IPRA) or Republic Act 8371 that mandated to uphold, respect and protect our cultural integrity including our traditions and institutions. The FPIC Guidelines undermines our right to self-governance and cultural integrity”. Timuay Mudai elaborated.

Ms. Vicky Cajandig, the Administrative Officer of PBS has strong reservations but still express some hopes: “The FPIC Guidelines of 2006 seems to protect the rights and interests of entities who wanted to exploit the resources within our domains rather than protecting the IPs. I believe many people within NCIP are sincere in helping the IPs, however they are forced to follow the guidelines formulated by the Commission. I believe that NCIP people in the ground and the IP leaders could work hand-in-hand to amend or repel the FPIC Guidelines”.

Asked on their next action, the leaders were unanimous:

“We are consulting our lawyers on how to challenge the FPIC Guidelines and restrain the NCIP from implementing it before more damaged are done to IP communities”, said Timuay Mudai.

“We need to consolidate the leadership of our ancestral territories and continue asserting our right to self-governance and cultural integrity while voicing our objections in every proper fora. We respect laws but we also believe that we have the right to question and oppose those that are detrimental to us”, explained Timuay Manda.

“We believe that the NCIP is mandated to promote and protect our rights, hence we enjoin them to help us in asserting our rights. I urged the NCIP officers in the field to report to the commission that we objected and our reasons for objecting the FPIC Guidelines. Im hoping that NCIP can understand how potentially divisive is the FPIC Guidelines to our communities”, added Ms. Vicky Cajandig. (Lumadnews)