TVIRD seeks NCIP participation in leadership legitimacy issues
TVI Resource Development Philippines, Inc. (TVIRD) welcomed a visit by regional Subanon tribal representatives at the company’s Canatuan gold and silver mine in Siocon, Zamboanga del Norte just before Christmas. Led by Timuay Noval Lambo, the tribal leaders, who call themselves the Gukom Sog Pito Kodulongan (Court of the Seven Rivers), arrived on short notice at company premises together with representatives of a number of organizations campaigning against mining development; and were provided a vantage point view of the open mine pit within the area covered by the Mineral Production Sharing Agreement (MPSA) between TVIRD and the Philippine government.
Meanwhile, the company has endorsed to the National Commission on Indigenous Peoples (NCIP) the challenge over leadership legitimacy being raised by the Gukom in the context of the Indigenous Peoples Rights Act (IPRA).
In his endorsement letter, TVIRD President Eugene Mateo sought the NCIP’s intervention as he said company officials “are given to understand that Timuay Lambo and other tribal leaders outside Canatuan (organized under the rubric of the Gukom) are attempting to overturn the legitimate authority of the Council of Elders in the affairs of the (Canatuan) Certificate of Ancestral Domain Title (CADT), as recognized by the Commission under the Indigenous Peoples Rights Act (IPRA).”
The Council of Elders and the Siocon Subanon Association, Inc.(SSAI) have been recognized by the NCIP as the legal representatives of the CADT beneficiaries since June 12, 2003, when the CADT was issued. TVIRD forged a Memorandum of Understanding (MOU) and, subsequently, a Memorandum of Agreement (MOA) with these legitimate governing bodies of its host indigenous people. The company has paid them royalties amounting to P5 million in 2005, P14 million in 2006, and P13.3 million from January to November 2007; and has been implementing socio-economic development programs in and around Canatuan even before TVIRD began operations in mid-2004.
But the Gukom, made up of tribal elders from around the Zamboanga Peninsula, claims it is a traditional court and has jurisdiction over the local representatives, even superseding the authority of the NCIP.
To put forward their case, the Gukom members have participated in a submission by anti-mining NGOs to the United Nations Committee on the Elimination of all forms of Racial Discrimination (UNCERD) challenging the IPRA and the NCIP, using TVIRD Canatuan as a “test case”. They have carried on the campaign by issuing a “Summons” to TVIRD to appear in their court for complaints of alleged “desecration of ancestral domain” and “environmental and property destruction.”
Mateo, stressed in his letter to Insigne that “on the issue of the alleged sacredness of the Canatuan ancestral domain, the Subanons have manifested their recognition and respect to the prior mining rights of TVIRD in Canatuan (by virtue of the MPSA between the Philippine government and TVIRD executed on October 23, 1996) and guaranteed the free and unlimited access for exploration and operations in the area through the MOU and MOA forged between the SSAI and TVIRD.
An archaeological assessment conducted by the Archaeological, Cultural, Environmental Consultancy, Inc. on behalf of the National Museum of the Philippines revealed that the areas affected by TVIRD’s mining operations are negative of any Subanon archaeological or cultural materials; there was no evidence found of any historic or prehistoric religious practice, ever, at Canatuan.
“On matters regarding the protection and preservation of the environment,” Mateo added, “the Environmental Management Bureau and the Mines and Geosciences Bureau of the Department of Environment and Natural Resources are the legal regulatory bodies governing mining companies like TVIRD.”
The local people and their representatives also disagree with the claims against TVIRD. The Canatuan Project enjoys the full support of the Subanon IPs in Canatuan who have joined in the common effort of judiciously utilizing resources as a means of attaining economic and social progress.
“The company has, among others, provided jobs through employment in the mine; it has built schools, a clinic, roads and bridges, and has provided the salaries of teachers, scholarship funds, and livelihood opportunities for us Subanons,” said Bonifacio Patoh, chairman of Tabayo, the host barangay of Canatuan.
The IPRA provides that the IPs have the right to use their land as they see fit, including contracting with third parties for resource extraction and utilization.
“That the Gukom visit was welcomed despite the short notice is testament to our commitment to our open door policy,” Mateo pointed out. “We support initiatives that keep communication lines between IP groups and our company open. There are, however, details in the implementation of the IPRA that need to be sorted out by the NCIP. TVIRD will support the Commission’s efforts to resolve conflicting leadership claims in our host community. The company is serious in its desire to bring together the IP leaders. It is the welfare and well-being of our gracious hosts that are foremost in our minds.
“TVIRD is committed to comply faithfully with all laws, rules and guidelines prescribed by the government,” he said. “In addition, TVIRD reiterates its respect for the rights of the Subanons, whom we consider our partners in this endeavor. That commitment shall remain and will continue to be our guiding philosophy in our operations.”
