Internal power struggle cause of IP issues in Canatuan
The Philippine government has formally advised the United Nations Committee for the Elimination of Racial Discrimination (UNCERD) that an internal power struggle among leaders of the Subanon tribe in Canatuan – not discrimination – has been the main reason for the division that has disrupted the advancement of the community agenda in this mountain village in Siocon, Zamboanga del Norte.
Meanwhile, according to the official Philippines report – prepared by the National Commission on Indigenous Peoples (NCIP) – TVI Resource Development Philippines, Inc. (TVIRD), the company that has been mining in Canatuan since mid-2004, was not, at that time, required to secure Free Prior and Informed Consent from the Subanons because TVIRD’s Mineral Production Sharing Agreement (MPSA) with the Philippine government had been concluded in 1996 prior to the enactment of the Indigenous Peoples Rights Act (IPRA) of 1997.
The Philippines’ response was prepared by the NCIP, through its chair, Atty.Eugenio Insigne(NCIP
Letter). The Philippines was responding to requests for clarification by the
UNCERD on concerns outlined in a complaint filed by IP groups and anti-mining
NGOs opposing the operations of TVIRD.
The NCIP letter has been adopted as the official position of the Philippine mission to the UN.
The Report said the situation was exacerbated by the collision of agendas between and among interest groups and stakeholders that created a series of problems, jeopardizing indigenous systems and threatening the land and resources which are the very bases of the Subanon indigenous people’s (IP) cultural integrity. Basically, the majority of the community opted to support the advent of legitimate mining with TVIRD, while a smaller, former leadership group, supported small-scale miners.
Insigne refuted the claim of anti-mining groups that TVIRD’s mining concession was granted without the prior consent of the Subanon community. “What was in effect in 1996 was only the Mining Act of 1995, which provides that it is the obligation of the contractor, in this case TVIRD, to `recognize and respect the rights, customs, and tradition of indigenous tribal communities over their ancestral domain areas based on a management plan formulated by the community.’ This requirement was complied with by the execution of a Memorandum of Understanding (MOU) and, subsequently, the Memorandum of Agreement (MOA) with the concerned IP community in 2001 and 2003, respectively.”
“The Subanon community is confronted with (a) leadership struggle within its ranks caused mainly by the introduction of a cash economy and mainstream mechanisms of governance,” Insigne pointed out. “The leaders must have the political will to impress and inculcate upon their own people the vision that winning the battle requires unity, cohesion, and upholding their indigenous socio-political and cultural institutions. The NCIP can only suggest and it cannot impose its ideas for the community to adopt them.”
“While we consider IPRA as an instrument of restoring centuries-old injustices suffered by indigenous cultural communities, the law itself is prospective in application,” he explained. “We cannot require the conduct of an FPIC for an MPSA already concluded by the government prior to the effectivity of the IPRA.”
Bonifacio Patoh, president of the Siocon Subanon Association, Inc. (SSAI) and chairman of Barangay Tabayo, which encompasses Canatuan, supported Insigne’s statements: “We invite the NGOs who have been opposing the mining industry to contribute to a more constructive resolution of conflicts in our ancestral domain instead of taking sides that only serve to aggravate those conflicts .”
SSAI is recognized by the NCIP as the legal representative of the Canatuan Certificate of Ancestral Domain Title holders. In his letter, Insigne likewise explained the reason behind the representative status given to the SSAI and the Council of Elders. He said Patoh was elected SSAI president in November 2006 in an election of officers described by Insigne as “generally clean, orderly, and peaceful.” Patoh unseated Juanito Tumangkis, who presided for four years from 2002, when he replaced Jose “Boy” Anoy in another election that year. Anoy, for his part, held the presidency post for 10 years since 1992 when he formed SSAI in compliance with an administrative order from the Deparment of Environment and Natural Resources regarding requirements for the processing of Certificate of Ancestral Domain Claim applications.
“The Subanon community of Siocon is composed of groups with varied interests – each with their respective indigenous socio-political and cultural institutions,” he said. “Hence, in order to determine the position of the entire community on certain issues affecting their domain, the leaders and members of the said community agreed to form one organization as an alternative mechanism that shall act and decide in behalf of the community.”
TVIRD President Eugene Mateo countered the allegations that the company discriminated the Subanons with regard to their indigenous religion and beliefs. “Through their MOU and MOA with TVIRD, the Subanon IPs manifested their recognition and respect to the prior mining rights of TVIRD in the area covered by their ancestral domain and guaranteed the free and unlimited access for exploration and operations,” he said. “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.
“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,” Mateo added. “There was no evidence found of any historic or prehistoric religious practice, ever, at Mount Canatuan.”
“Even within the Subanon community, the claim that Canatuan is sacred is not shared by the majority,” Mateo added. “If that is the case, why is it that those who claim that it is sacred were the same people who supported small-scale mining that did so much damage to Canatuan before TVIRD began operations in the area?”
Reacting to the NCIP letter, Mateo reiterated the company’s position that it “welcomes any initiatives for the opposing leaders of SSAI to work toward reconciliation.”
“As we begin decommissioning activities for our gold-silver operations, which has provided socio-economic benefits that were previously inaccessible to our Subanon hosts, we look forward to a more mutually beneficial partnership with them when we begin our copper-zinc project in the later part of this year,” Mateo added. “Hopefully, we will be dealing with a tribe unified by a common desire to judiciously utilize resources as a means of attaining economic and social progress.”
About half of TVIRD’s employees in Canatuan are Subanon, enjoying workers benefits that are above those given to their counterparts in the region and learning skills that guarantee lifelong employability.
The Subanon ancestral domain title holders in Canatuan have received royalties from TVIRD amounting to a total of P37 million. The company has also implemented socio-economic project under its five-year Social Development and Management Plan totalling P27 million.