Mindanao folks troop to Makati to warn mining companies: Get out of Mindanao

now
Source: Kalikasan PNE press release
Date of publication: 25 November, 2014
Anti-mining activists, environmental advocates and indigenous peoples from
Mindanao held protest actions in front of the Makati offices of mining corporations
responsible for environmental destruction and rampant human rights violations in
the countrys southern region, namely the Filipino-Malaysia-owned Apex Mining,
Canada-owned Toronto Venutres Inc (TVI), and Swiss-owned Glencore.
This is a warning to these companies: get out now. The people of Mindanao are
raging and our resistance grows stronger every day. Leave now, or face the peoples
resistance, said Panalipdan Mindanao secretary general Dulphing Ogan.
Most of the 330,000 hectares of land leased to mining companies are agricultural
lands and upland areas being tilled by farmers and Lumads, an indigenous peoples
group in Mindanao. Eighty (80) percent of the 131 mining agreements and permits
in Mindanao are located in Lumad areas.
Mindanao, a paradise guarded by the indigenous peoples, has been ravaged by the
continuing large-scale mining operations. Mining-affected areas like Compostela
Valley, the Surigao provinces, and Zamboanga del Norte bear the scars of
destructive mining. If this destruction goes unabated, the people are sure to suffer
famine, flashfloods and other disasters, said Clemente Bautista, national
coordinator of environmental group Kalikasan Peoples Network for the Environment.
The incursion of large-scale mining into agricultural lands and watershed areas
affects food production and threatens food security in the region. Considered as the
Philippines food basket, Mindanao grows most of the Philippines major crops,
accounting for over 40 percent of the countrys food requirements.
Studies show that massive destruction of the environment and plunder of natural
resources by large-scale mining increase vulnerability to disaster and poverty
incidence among Mindanaons. The areas hardest hit by typhoons Sendong and
Pablo were mining-affected areas, which were also home to the poorest of peasant
communities, said JM Ayuste of scientist activist group AGHAM.
We have come to the National Capital Region to warn foreign and private mining
corporations. The people will continue to resist until our last breath to defend our
lands and resources. We will not allow you to destroy and plunder our forests, rivers
and mountains. More and more Lumads and peasants will declare more pangayaws
against destructive large-scale mining in Mindanao, Ogan said.
Pangayaw is the tribal war or armed defense of Lumads and is part of the tradional
practice to defend territories and communities against foreign invasion. Indigenous
peoples like the Talaingod Manobos in Davao del Norte and Blaan in South Cotabato
have ongoing pangayaws against ALSONS and Glencore corporations, respectively.

Corporate projects in ancestral domains causing conflicts with Lumads, says NCIP10
Source: By Walter I. Balane - http://www.mindanews.com/topstories/2013/09/25/corporate-projects-in-ancestral-domains-causing-conflicts-withlumads-says-ncip-10/
Date of publication: 25 September, 2013
MALAYBALAY CITY (MindaNews/25 September) Conflicts between corporations and
Lumads or indigenous peoples were among the cases filed before the Regional
Hearing Office of the National Commission on Indigenous Peoples (NCIP) in Region
10, an official said Wednesday.
Lawyer Trinidad Cardona, NCIP-10 hearing officer said the conflicts involve
companies that are using portions of ancestral domains for business projects.
She said one recent case was between a group of IP leaders in Bukidnon and a
foundation formed by a fruit company that wanted to implement a watershed
project in areas within their ancestral domain.
The IP leaders said they were not consulted about the plan and so filed the case
before the hearing office, forcing the proponent to schedule a dialogue with them.
Cardona also cited that some members of the tribes that are Certificate of Ancestral
Domain Title (CADT) holders had sold portions of their ancestral domains to non-IPs,
including a foreign national who is locked in a legal battle against a tribe in Kitaotao,
Bukidnon.
She added that some cases stemmed from intra-clan rivalry involving third parties
which talked only to one group leaving the other group dissatisfied.
But she clarified there are really cases in Misamis Oriental that pit whole tribes
against corporations.
As of August this year NCIP-10 was handling 22 cases, 18 of them from Bukidnon,
Cardona said.
NCIP operates regional hearing offices as part of its functions as a quasi-judicial
body.
Cardona said most of the cases were filed by the Lumads themselves asserting their
rights to their ancestral domains.
She attributed this to the high level of awareness among the Lumads in Bukidnon
about their rights.
The NCIP-Bukidnon office, she added, is being run by community-active and
practicing Lumads.
She said the high number of cases in Bukidnon was one of the reasons why she
asked the hearing office to be transferred to Malaybalay City in July. The office is
temporarily housed in the NCIP-Bukidnon building.
The transfer would benefit the parties, especially the indigenous peoples, because it
would mean lesser travel expenses during hearings, she added.
Cardona served as NCIP hearing officer for Regions 11 and 12, aside from sharing
the job with another hearing officer in Regions 9, 10, and 13.
She said a lot of issues emerged after some tribes in Bukidnon received their CADTs.
Since 1997, a total of 12 CADTs and three Certificate of Ancestral Land Titles (CALTs)
have been issued in the province.

Carl Binayao, NCIP Bukidnon community relations officer, told MindaNews

Wednesday they received 200 ancestral domain claims this year.

Lumads: Casualty of mining and war

Source: By Bobby Lagsa and Grace Cantal-Albasin http://www.sunstar.com.ph/cagayan-de-oro/local-news/2013/06/29/lumads-casualtymining-and-war-289948
Date of publication: 29 June, 2013
LUMADS or the Indigenous peoples (IPs) are the hardest hit as massive destruction
of mining operations and armed conflict in Mindanao continues.
These two man-made whammies become more tragic when nature brings its wrath
to these lumad communities particularly the recent Typhoon Pablo that hit mostly
areas where mining operations ravaged their forests.
The Philippine Ecumenical Peace Platform organized the Northeastern Mindanao
Religious Leaders Peace Summit here on June 27 28 where various Christian
churches and groups in the country including the Catholic Bishops Conference of the
Philippines and the National Council of Churches of the Philippines gathered.
Based on the workshop outputs of the summit on the current socioeconomic
conditions of communities, the common results of mining operations have been
environmental degradation and the displacement of Lumads from their ancestral
domain.
Murder
The participants from Bukidnon cited the killing of Jimmy Liguyon, village chief of
Dao in San Fernando town as the result of his opposition to mining activities in his
barangay.
Liguyon was shot in front of his family on March 5, 2012.
Liguyons death was blamed on Butsoy Salusad, a former New Peoples Army (NPA)
rebel who surrendered sometime in 2010. The Regional Trial Court in Malaybalay
City had issued a warrant for his arrest but he has remained free.
In the span of nine months in 2012, two lumad communities belonging to the
Matigsalug-Manobo and Tigwahanon tribes in San Fernando town in Bukidnon
province sought refuge outside the Provincial Capitol in Malaybalay City due to
threats, harassments, and murder.
They have been displaced in the ancestral lands they inhabit since birth. A place
where their ancestors saw the light of the world, lived their lives, and buried. It is a
place where life is simple and contentment a bliss. A place where nature endowed it
much resources and gold a bonus, but the greed of gold by large-scale mining
companies divided the lumads.
This group that the State used to suppress the lumadsrights to protect their
ancestral domains has been armed to enforce with impunity human rights abuses
and violations to those who oppose them.
They were the families belonging to the clan of Liguyon and residents of Dao. They
left the Provincial Capitol with justice still elusive. Some of them remain in hiding

while others returned to Dao and chose to face looming death from people they
oppose with due to mining disagreement.
Pastor Arturo Veladiez of the United Church of Christ of the Philippines said that
Liguyons successor, Fausto Bacliran, was shot in a beach resort in Barangay
Bonbon here on June 24, the feast of St. John the Baptist or San Juan.
Bacliran was a barangay councilor who was Liguyons ally. Three unidentified men
shot him point blank in front of his colleagues and family at a beach resort where
they wanted to fulfill a yearly tradition, to celebrate San Juan.
Veladiez, who belongs to the environment watchdog Panalipdan-Mindanao, said
Baclirans death was also related to mining.
Development aggression
The vast ancestral lands of the IPs in Mindanao have been under attack with
development aggression that puts the lumads in the crossfire between overlapping
government policies and the national governments policies on developing the
countryside in the name of national patrimony and economic gain.
In Mindanao, vast track of lands that belong to the Lumads is rich in natural
resources. The rich forests of Bukidnon and Agusan provinces belong to the at least
eight tribes whose traditional ancestral lands are only bounded by rivers and ridges
of mountains.
Farther north in the coastlines of Surigao provinces, the mountains are rich in
mineral ore deposit.
In the mountains of Noventa bordering the two Surigao provinces, sits one of the
worlds largest Iron ore deposits. Mining companies started their exploration in the
1990s and started full operations in early 2000.
The Mamanwa of the Surigao sits in arguably one of the riches section in Caraga
region and yet they still remain one of the poorest people in the region.
In fact, the two Surigao provinces belong to the poorest provinces in the country, an
irony to their rich natural resources.
According to Carl Caesar Rebuta of the Legal Rights and Natural Resources Center,
Incorporated, a non-governmental organization, the plight of the Lumads is a
microcosm of a faulty system of government policies.
Environmental defenders and the human rights activists fighting for the rights of the
lumad have been targeted for execution.
Timuay Luceni Manda, a Subanen tribal leader in Zamboanga Sibugay has been
targeted for his stand to defend his ancestors land.
In September 2012, Manda was ambushed, he survived but his 11-year old son
Jordan did not.
Intimidation, used of force, bribery and other cruel means have been implemented
to dissuade lumads from resistance.
The divide and rule tactics are also employed.
Tribes have been divided with corporations and ranchers employing lumads and
offering incentives to get favorable response from them.
Tribal dealers
One Manobo datu even quipped that if there are tribal leaders, there are also tribal
dealers.
International Peace Observers Network (IPON) in its November 2012 issue of their
The Observer Journal, a biannual magazine that looks into the plight of human
rights violations noted that in the Philippines, laws are passed without any intent to
fully implement them.

On The Observer, IPON opined that in the Philippines, actual impunity means that
laws are nothing but paper promises.
The right of the Indigenous Peoples to self-determination is an inviolable as basic as
the tenets for human rights.
The lumads only fault, for all its frailty and misfortunes, is living on a fertile land.
And in that land, the conflict for resources arises and the lumads are caught in the
crossfire.
Resumption of GPH-NDF peace talks
Some 60 priests, pastors, nuns and bishops from Northern Mindanao, Caraga Region
and the Davao provinces attended the summit to push for the resumption of talks
between the Philippine government and the National Democratic Front (NDF).
They said they would bring the situation of the Lumads along with some
recommendations to the attention of the negotiating panels of both parties.
Fr. Albert Alejo, SJ, former member of the government technical working group on
social and economic reforms in talks with the NDF, said the plight of the Lumads
could be addressed by making the environment a framework for peace and
development.
Alejo noted that the Lumads are locked up in all types of conflict in the island, from
those involving the NPA and Moro rebel groups as well as in resource-based conflicts
due to ancestral domain claims and the expansion of plantations.
He noted that there are gaps in peace and development framework as against IPs
worldviews.
Lets examine the proposals of revolutionary groups for the IPs. What is their
development plans for the IPs? he said.
Plans for IPs
They make war in the lands of the IPs, but what are their plans for the IPs? Alejo
added, alluding to both the government and rebel groups.
Some of us may side with either the military or the rebels, but who side with the
Lumads? he added.
Higaonon Datu Antonio Lumandong of Claveria, Misamis Oriental lamented that
Lumads have been torn between the military and the NPA. He said this situation has
pitted even relatives against one another.
He said programs and projects proposed by government and corporations have also
divided the lumads.
The tribal leader said that one way to address this problem is to clearly define the
functions and limits of both formal governance and traditional governance as
practiced by the lumads.
He added that lumad leaders could be more effective if they get formal education.
If they understand the ways of the lowlanders and the government bureaucracy,
they cant be easily swayed by groups with vested interest. No matter how good a
tribal leader is, he will encounter difficulties if he is not familiar with the world
outside his domain.
Lumandong attended the summit as an observer. (With a report from H. Marcos C.
Mordeno/Mindanews)

Philippines: Fruit magnate Perrine agrees to submit to NCIP process in Bukidnon

reforestation project
Source: By Walter I. Balane, MindaNews - http://www.mindanews.com/topstories/2013/03/18/fruit-magnate-perrine-agrees-to-submit-to-ncip-process-inbukidnon-reforestation-project/
Date of publication: 18 March, 2013
MALAYBALAY CITY (MindaNews / 17 March 2013) Business magnate John Paul C.
Perrine of the Unifrutti Group of Companies and the Hineleban Foundation agreed to
submit to the guidelines provided by the National Commission on Indigenous
Peoples for his engagement on reforestation and livelihood projects with the
indigenous peoples.
In a meeting with officials from NCIP-Bukidnon and tribal leaders from ancestral
domains in the mountain ranges of Kitanglad, Kalatungan, Pantaron, and Matigsalog
on March 15 at a local hotel, Perrine and a team of executives discussed the
proposed project and listened to NCIP officials explaining the free and prior informed
consent process.
We will submit to the process. There are no ifs, he told the meeting, which he
requested in a February 26, 2013 letter to Ma. Shirlene Sario, NCIP-Bukidnon officer.
In the letter, he expressed their intent to submit to an FPIC using the NCIPs 2012
guidelines.
Republic Act 8371 or the Indigenous Peoples Rights Act (IPRA) provided for the
protection of indigenous peoples with the full exercise of their right to free and prior
informed consent in the introduction of plans, programs, projects, activities and
other undertakings that will affect them and their ancestral domains to ensure their
economic, social and cultural well-being.
Perrine said they will push for consensus among tribal leaders of the different
communities before proceeding.
The meeting came after at least 41 datus and baes filed a complaint before the
NCIP Regional Hearing Office last month seeking a temporary restraining order
against the Sacred Customary Compact on Peace and Progress signed by Perrine
and eight councils of tribal leaders in the province, represented by Datu Migketay
Saway.

The tribal leaders in their complaint cited that they were not consulted and that the
provisions were not explained to them even if their areas were subjected to the
agreement.
Signed in December 16, 2012 in Sungko, Lantapan, Bukidnon, the nine-page
agreement said, on the fifth page, that among its purpose is to serve as compliance
of the free and prior informed consent requirement in accordance with Customary
Law and IPRA.
Datu Erwin Marte Anilaw Inlantong, chair of the Bukidnon Unified Tribal
Development Council of Elders (BUTRIDCE), said nothing has changed even with
Perrines statements in the meeting.
He added that they will allow the complaint before the NCIP-Regional Hearing Office
to take its course.
We will allow the hearing officer to determine its status now as it is already filed,
he added. Marte, authorized spokesperson of the tribal leaders who filed the
complaint, said the meeting was only exploratory in nature and stressed it was
not yet any step in the FPIC process.
Marte lamented the agreement between Perrine and Datu Migketay lacked
consultations.
We were surprised that there were already a series of consultations. But we were
not even informed, he added.
Marte stressed that Hineleban should have followed the guidelines in accordance
with IPRA.
The NCIP should be the third party in the agreement. The guidelines are the
common grounds as it encompasses both the legal and customary grounds, he
added.
Marte said on projects concerning indigenous peoples, it has to be coursed through
the NCIP, not any other government agency.
Datu Makapukaw Adolino Saway, one of the complainants and is older brother of
Datu Migketay, told the meeting he is happy Perrine and his team were with the
indigenous peoples.
We have common goals to protect Mt. Kitanglad. But how do we know you are
serious? he added.
He stressed that the community consultations have to be done.
The elder Saway told MindaNews we have to see how things are in the community
consultations.
Bae Inatlawan Adelina Tarino, one of those who has a Certificate of Ancestral
Domain Title (CADT) in the area supposed to be covered by the project but was not
consulted, told Perrine that it is always better to talk to the people instead of just
one leader.
Hineleban Foundation, Inc. has proposed a rainforestation project along the buffer
zones of Kitanglad and three other mountain ranges in the province dubbed as the
Program for Equitable Advancement of Rural Livelihoods (PEARL) project, which
covers both reforestation and livelihood projects for residents in the buffer zones.
Perrine told this reporter the French Development Agency has earmarked 15
Million (P795 million at P53 per Euro) for the project. He said that before proposing it
directly to the agency, he obtained endorsements from different local government
units and national government agencies, including the Regional Development
Council.
But since the project involves areas within ancestral domains of indigenous peoples,
Hineleban had to obtain FPIC as part of the requirements for the project to proceed.
Perrine added that their agreement with Datu Migketay will hold, adding that they
chose to agree with him first considering the conflict between him and the tribal

leader over Unifruttis use of resources within the ancestral domain of the Talaandig
tribe.
Saway has no CADT over the area but asserts native title over the claim.
Perrine said sometimes it is a blessing that the questioned agreement came with
immediate conflict, citing the outcome is a way to consensus.
Richard Macas, NCIP Bukidnon legal officer, explained to Perrines group the 2012
NCIP guidelines in obtaining a free and prior informed consent process.
From his presentation, two major types of plans, projects, programs, and activities
are subjected to an FPIC process: those considered extractive, intrusive, or large
scale and those considered non-extractive and small scale.
Both types require a full length FPIC process. Without adverse problems, NCIP
estimates about 65 days to work on a full length process.
Perrine cited that they envision their project as community-initiated even if it is
foreign-funded with Hineleban providing technical assistance and initial support. IP
community-initiated projects would require only community validation, still an FPIC
process, but takes shorter time.
We will study the concept of community initiated, foreign-funded projects, he said.
Sario said the path will not be fast, either, as the NCIP is still in the process of
accrediting indigenous peoples organizations (IPOs), which is required in identifying
community initiated projects.
Meantime, Perrine vowed to create a team to conduct consultations in all
communities involved in the project eyeing to start where they see no conflicts.
He also vowed to present the project before the NCIP commissioners sitting en
banc.
Macas said they needed to present the project before the commission as part of the
requirements in validating community initiated projects.
(Walter I. Balane / MindaNews)
Source: MindaNews

Widows of slain IP leaders, displaced communities of Northern Mindanao to fly

Manila, press for justice
Source: Rural Missionaries of the Philippines press release
Date of publication: 30 November, 2012
Cagayan de Oro City Daisy Paborada, Rosalie Cabal and Sharon Liguyon will fly to
the national capital today. They will join the Manilakbayan ng Mindanao or
MANILAKBAYAN (Journey to Manila) that will bring around a hundred delegates from
all over Mindanao to the heart of Manila for a week-long series of events.
The delegatescomposed mainly of families of slain community leaders of
Mindanaowill lobby their cases to relevant government offices and foreign
consulates in Manila and press for justice. MANILAKBAYAN also aims to raise
national consciousness in the capital to the reality of the human rights situation in
Mindanao and its relation to large scale mining and other government development
projects in Mindanao.

Daisy is the widow of Gilbert Paborada, anti-oil palm plantation indigenous leader
from Opol town of Misamis Oriental, while Rosalie, of Margarito Cabal, a peasant
leader from Kibawe town in Bukidnon who was killed by state forces because of his
oppostion to the construction of megadam. Sharon is the courageous wife of village
chieftain Jimmy Liguyon, killed by a pro-mining paramilitary group for his opposition
to a large-scale extractive activity in their ancestral territory in San Fernando,
Bukidnon.
In the tallies of RMP-NMR, the number of those who were extra-judicially killed in
Mindanao since Pres. Benigno Aquino III assumed power in June 2010 rose to 34.
They were murdered in broad daylight, complete with eye-witness testimonies. But
nobody has been seriously persecuted, much less convicted, up to these days.
RMP-NMR coordinator Sr. Ma. Famita Somogod, MSM, said the victims were
traditional Lumad chieftains, leaders of indigenous community organizations and
their immediate families. They were killed in the process of resisting land grabbing
and encroachments of their ancestral domains against extractive and destructive
activitiesforemost are large-scale mining, agribusiness plantations, and other socalled development projects like mega hydro dams in Mindanao.
Extra-judicial killings (EJKs) and human rights violations are apparent in the
indigenous communities of the island south of Philippines. Even after the UN special
rapporteurs on human rights defenders (HRDs) and on extra-judicial killings issued a
joint statement on 9 July 2012 criticizing the Aquino III administration for the attacks
on human rights and environmental defenders, especially in Mindanao, saying these
abuses have increased significantly over the past few months, the killing of
indigenous leaders left unabated, and even escalated. Seven Lumad leaders and
their children succumb to another spate of EJKs in barely three months after the
aforementioned joint statement.
RMP-NMRan organization of priests, religious brothers and sisters, and lay people
working for the rights of the rural poor in Northern Mindanaois dissapointed with
the wholesale violation of human rights taking place in a climate of impunity in
indigenous communities of Dao, San Fernando in Bukidnon. Refusing to sign the
Certificate of Ancestral Domain Title which will eventually facilitate the entry of
large scale mining and agribusiness projects in their 52,000-ha Matigsalog territory,
village chieftain and Kasilo vice-chairperson Jimmy Liguyon was killed in front of his
family on 5 March 2012 by the New Indigenous Peoples Army for Reform (NIPAR).
Despite the interventions of international human rights organizations such as the
Human Rights Watch and the World Organization against Torture-OMCT and of
various foreign consulates in the Philippines, including the European Union, the
killings, torture and displacement of communities courtesy of NIPAR continue up to
these days, and getting even more serious each time, said Sister Somogod.
The displaced families of San Fernando, led by Datu Petronilo Cabungcal, are joining
the MANILAKBAYAN. They will be accompanied by RMP-NMR nuns from Bukidnon,
Sisters Jane Caspillo and Evelyn Anuncio, MMS.
Across Mindanao where extractive industries are vigorous, minor human rights
violations are notably soaring. In the CARAGA Regiontagged as the Mining Capital
of the Philippinesalone, 37 Lumad leaders were slapped with fabricated charges
in August 2011. Traversing the island, about a hundred other indigenous HRDs are
facing fabricated and malicious charges, hindering them from carrying out their
human rights work because of pending warrant of arrests, subpoenas, and other
form of judicial harassment and intimidations.
Around 1,017 families encompassing 5,725 individualsaccording to human rights
group Karapatanwere displaced in the course of intense military operations
carried out by the Philippine Army in the mining areas of Northern Mindanao,
CARAGA and Southern Mindanao in 2012. In indigenous communities where military
detachments are set up in the heart of the villages, gatherings are strictly
monitored, while leaders and community members are being invited to the military
camps for questioning.

Touted as the Land of Promise because of its rich natural resources, Mindanao is
home to more than a half of the estimated mineral wealth in the Philippines
amounting to US$12.6 B. It has the largest reserves of copper, gold, aluminium and
iron, inviting the worlds biggest extractive industry playersBHP Billiton, Xstrata,
Anglo-American, Sumitomo, Rio Tinto, Unocal, Exxon-Mobile and many others.
Other than rubber, Mindanao is the site of the largest pineapple plantations in the
country. Among the worlds largest, Del Monte Philippines and Dole Philippines
pineapple plantations are mainly spread out in the ancestral lands of the Lumads of
Bukidnon and South Cotabato.
The island is also boasting of 1 million ha of grasslands that are gradually being
turned into palm oil states. Aside from a number of local and multi-national
corporations running vast tracks of oil palm plantations, Mindanao has become the
next destination of worlds biggest company such as Malaysias Felda Global
Ventures and Sime Darby and Singapores Wilmar.
As a result, indigenous communities have come head-to-head with big companies
for access to these resources. Sister Somogod emphasized that Aquino IIIs drive
for mining liberalization has been accompanied by the establishment of Investment
Defense Forcesa composite of soldiers and policeto protect mining investments
by militarizing communities inside the borders of a mining claim.
Philippines law requires the FPIC of the local tribal communities for various
investments to proceed. This has divided indigenous communities, some of which
back investors with the support of the military to acquire the necessary permits, or
create paramilitary groups to force the reluctant majority of the communities to
submit, thus, creating numerous human rights abuses.
The assaults against human rights defenders blow up the terror in a bigger extent.
Without the leaders and community organizations fighting for their rights over
lands, their culture and traditions, and to their basic freedom such as their
entitlement to say yes or no to projects through FPIC, the Lumads, of Mindanao will
be subjected to a repeated cycle of oppression and exploitation. They will remain as
they areeasily intimidated, frightened, and coerced, added Sister Somgod.
The nun also emphasized that with the Indigenous Peoples Rights Act in its 15th
year now fell short on protecting the rights of the Lumads, the resistance of
Mindanaos indigenous communities for land and life will surely heighten. Peace in
Mindanao can never be achieved without human rights. We are accompanying our
indigenous brethren up to the national capital through MANILAKBAYAN to press
various duty-bearers from the State to listen to this, the nun concluded.

Impunity name of the game in mining-affected indigenous communities

Source: Karapatan Press Release

Date of publication: 22 November, 2012
Two fact-finding missions simultaneously held last week in Bukidnon and Kiblawan,
Davao del Sur finds indigenous peoples attacked by mining-backed military and
paramilitary groups.
The missions, led by 200 indigenous peoples and environment advocates, said the
murders of Matigsalog chieftain Jimmy Liguyon in San Fernando, Bukdinon and
Blaan Juvy Capion in Kiblawan are linked to their communities opposition to largescale mining companies that are applying for exploration in their villages.
The Peace and Solidarity Mission held in Kiblawan on Saturday confirmed the
involvement of a retired army colonel who is now security consultant of Sagittarius
Mines-Xstrata, Dan Balandra, in the murder of the Capion family.
Witnesses in the village said Balandra had visited the Capion family for three
consecutive days before the massacre, reportedly to convince Juvys husband
Daguil to surrender after his pangayaw (tribal war) against the intrusion of SMIXstrata into their ancestral lands.
But witnesses believed Balandras motive was to confirm Daguils presence in his
farm and provided such information to the 27th Infantry Battalion to attack his
family on October 18 killing Juvy who was two-months pregnant and their two sons.
The presence of Balandra points to the complicity between SMI and the AFP to go
after Daguil for leading his tribes opposition to large-scale mining, said Marie
Hilao-Enriquez of Karapatan who was one of the delegates of the mission.
Meanwhile, the International Solidarity Mission in Defense of Indigenous
Communities Fighting Impunity visited 150 Matigsalog evacuees camped in the
Bukidnon provincial capitol grounds, and showed concern that the tribe cannot
return home as the paramilitary group remains in their village.
The paramilitary group called New Indigenous Peoples Army for Reform (NIPAR) is
headed by Alde Salusad, who claims responsibility for the killing of Liguyon.
Liguyon, village chieftain of Barangay Dao, was killed by Salusad in front of his
family on March 5 after he refused to recognize Salusads ancestral domain title that
encompasses 52,000 hectares of the Matigsalog tribe in San Fernando. Liguyons
family said the title allows Salusad to enter into a consent with mining companies
such as San Cristo mining now operating in San Fernando covering 13,000 hectares
of Matigsalog lands.
The mission also learned that NIPAR has killed two other Matigsalogs. In one
incident they violently dispersed a rally. They also disrupted a literacy school
affected 86 children.
The mission scored the government for failing to arrest Salusad and dismantle the
paramilitary to help the Matigsalogs who have camped out for three months.
We note that this is the second wave of displacement of the indigenous
communities of San Fernando after the death of village chief Jimmy Liguyon, yet
Salusad was never held accountable after the killing, impunity is no doubt the name
of the game in this part of the world, said Richard Gadit, human rights advocacy
officer of the Thailand-based Asia Indigenous Peoples Pact (AIPP).
Both missions recommend that those responsible for the killings face prosecution.
The mission in Kiblawan called for the prosecution of the 27th Infantry Battalion
Commander Col. Alexis Bravo, and hold the SMI-Xstrata accountable for more
reported human rights violations since its entry in the quadric-boundary of South
Cotabato,Sultan Kudarat, Sarangani and Davao del Sur.

Environment departments order elates farmers

Source: http://www.sunstar.com.ph/cagayan-de-oro/localnews/2012/05/03/environment-department-s-order-elates-farmers-219566
Date of publication: 3 May, 2012
FARMERS belonging to the Talaandig indigenous community thanked the
Environment department for ordering the management of the 480-hectare Villalon
Ranch in Maramag, Bukidnon to stop intruding into areas they cultivate.
Department of Environment and Natural Resources (DENR) Secretary Ramon Paje
issued an order on April 30 that compelled the ranch management to quit harassing
the indigenous farmers.
However, members of the Panalsalan Dagumbaan Tribal Association Inc. (Padata)
expressed surprise why Paje said in his order that they should farm only in a 61hectare portion of the property when they now control between 250 hectares and
300 hectares of the disputed land.
They said sugar, corn, cassava and other crops are planted in these areas and
feared that with the enforcement of the Paje order, they may be denied the right to
harvest their crops.
We are wondering where Secretary Paje got the 61-hectare figure since the reports
from the Provincial Environment and Natural Resources Officer and the Community
Environment and Natural Resources Officer did not state categorically the areas
controlled by our group, said Padata president Vilma Monera.
Only the regional office came up with the figure, which Padata questioned since it
does not reflect the fact that the farmers had already taken control of a huge
section of the disputed property.
Monera said her group had won the case against Villalon Ranch before the National
Commission on Indigenous Peoples (NCIP), which revoked with finality the Free, Prior
and Informed Consent (FPIC) secured by Engr. Ernesto Villaon, a former mayor of
Kibawe, Bukidnon.
The NCIPs final and executory decision was rendered on September 20, 2011 and
Padata believes that a string of landmark decisions would deny the Villalons any
option to appeal since their submissions were filed out of time or beyond the
mandated period.
This is a fatal flaw and we do not believe that any appeal by Villalon would prosper
since fraud attended the acquisition of the FPIC and the NCIP itself saw through the
ruse, Monera said.
The NCIP has primary and exclusive jurisdiction over FPICs, a requirement that must
be secured before any party can make use of land occupied my members of
indigenous peoples.
Monera said the bogus FPIC used by Villalon should kill any appeal since the Forest
Land Grazing Management Agreement (FLGMA) was rendered void from the very
start.
It is a fruit of a poisoned tree, she said.
Padata has asked Paje to review the status quo ante order he issued on Monday and
noted that the basis for it should have been a biophysical assessment to be
conducted by the DENR itself.
Monera said the ranch only has 11 head of cattle in feedlots and another 15 were
said to be grazing, contrary to the claim that the entire area covered by the FLGMA
was used for grazing.

Padata expressed serious concern about the fact that a portion of the property is
now being planted with sugarcane for the benefit of a third party.
The group said the fact that the renewal of the expired lease of Villalon has been
denied should prod DENR to altogether denied the plea of the ranch management to
retain control of the land.
Padata wants to acquire control of the property as it seeks to sign a CommunityBased Forestry Management Agreement with the DENR over the land.
The group stressed that the ranch is also subject to claims by other groups closely
related to the Villalon Ranch management.
Published in the Sun.Star Cagayan de Oro newspaper on May 04, 2012.

2011 a fruitful year for anti-mining movement, group says

Source: By Erwin Mascarias - http://www.mindanews.com/topstories/2011/12/09/2011-a-fruitful-year-for-anti-mining-movement-group-says/
Date of publication: 9 December, 2011
BUTUAN CITY An anti-mining group has claimed that this year has been a fruitful
year for them and the rest of anti-mining movement in the country.
Amidst the continued implementation of mining projects in almost every corner of
the country, we have achieved significant advances in our struggle, said Carl Cesar
Rebuta, project development officer of the Legal Rights and Natural Resources
Center-Kasama sa Kalikasan (LRC-KsK).
In a telephone interview, the Cagayan de Oro-based anti-mining campaigner noted
that South Cotabato has held on to its environment code that bans open pit mining,
giving headaches to those behind the planned $5.9-billion Tampakan copper-gold
project of the foreign-backed Sagittarius Mines, while the Save Palawan movement
also launched its No to Mining campaign.
Rebuta cited, too, of the peoples awareness of the writ of kalikasan in seeking
redress against companies believed to be abusing the environment. The write of
kalikasan draws its mandate from the 1987 Constitution that guarantees citizens
the right to a balanced and healthful ecology.
He said that because of the advances in the overall anti-mining campaign, the
current administration was forced to create a special body to craft a new mining
policy.
The government has stated that it is planning to come up with a new mining policy
that will ensure the gains from extraction of mineral resources and at the same time
setting up mechanisms that will lessen the environmental impacts of mining.
LRC-KsK, Rebuta said, will be stepping up its campaign on alternative minerals
management law as it held a briefing on the planned management framework held
at Xavier University today in Cagayan de Oro City.
Gerry Arances, campaigns paralegal of the LRC-KsK, said that the minerals
management bill they are pushing seeks to scrap the present Mining Act of 1995
with the enactment of the Philippine Mineral Resources Act of 2010.
The bill champions conservation of non-renewable mineral resources for the
benefit of both present and future generations of Filipinos by adopting a
sustainable, rational, needs-based minerals management geared towards effective
utilization of mineral resources for national industrialization and modernization of
agriculture, he said.
With several legislators pledging support for the bill, the group has plans in setting
up regional campaign sites all over the Philippines to help support ongoing
community actions and educate the people on the mineral bill.

The group plans to make similar briefings in Iligan City on Sunday (Dec. 11) and in
Butuan City the day after for its networks to be updated with a new action plan for
2012. (Erwin Mascarinas / MindaNews)

Conflict-sensitive business practices[IPRA, Mines & Quarries, militarisation,

Corporate responsibility Source: Nikki de la Rosa, Philippine Daily Inquirer http://opinion.inquirer.net/6669/conflict-sensitive-business-practices
Date of publication: 19 June, 2011
In the narrative of Mindanao, big business is often portrayed as the bad guy,
concerned only with the bottom line. [This also applies to other parts of the
country.] So we hear of big businesses that bribe government officials to get favors.
We see local communities and NGOs fighting companies that ignore human rights
and defile the environment.
Yet, big business and poor communities share common aspirations. Businesses
desire genuine progress to enhance the market for their goods and services. The
poor want genuine progress so they can find work and improve their livelihoods.
Both detest the uncertainty and insecurity brought about by corruption. And both
are fearful of a future filled with persistent violence and conflict. The last one is
particularly significant, because the business of peace is everyones business.
There are different ways to attain the progress and peace that each one seeks. Big
business and communities will devote their energies to strategies they know best.
The question is why cooperation is seldom struck between parties that share so
much in common. How long must we wait for big business to throw its weight
behind the swift resolution of decades-long conflicts? How long will it take for civil
society to recognize the powerful role that business can play?
Not for long.
Not business as usual
On May 5, business groups from the energy, extractive and agribusiness sector
together with civil society and local government executives agreed at a national
caucus to promote conflict-sensitive business practices or CSBP.
CSBP points to actions that businesses take and communities demand to ensure
that investments and operations do not provoke or intensify violent conflict.
The practice is not only relevant to conflict-affected regions such as Mindanao,
particularly the Autonomous Region in Muslim Mindanao, but is also applicable in all
conditions and types of conflict, whether horizontal (community and clan-level
violence) or vertical (rebellion and insurgency) in nature.
The caucus follows a similar agreement between the Mindanao Business Council
and International Alert UK, an international peace-building organization that has

worked extensively with energy and mining giants such as Shell, British Petroleum
and Anglo-American.
Opportunities, risks
The concept of conflict-sensitive business gained traction following the entry of
extractive, energy and agribusiness companies across the country. These new
investments create both opportunities and risks for improving the living standards
of the poor and excluded in our society, and the ability of local authorities to govern
local economies.
However, there are risks arising from eruption of violence and conflict in the areas
where companies operate increased incidence of illegal ejection or displacement
of communities; inducement of graft and corruption; and, forcible use of labor.
Some of these issues have surfaced in several disputes between companies and
communities in the mining sector. Oftentimes, rival communities have been lured
into disadvantageous business arrangements with the collusion of local government
executives and politicians.
Red flags
Drawing from experiences in the energy, mining and agribusiness sectors in
Mindanao and from other countries in Asia, Africa and Latin America, a road map
was agreed to subscribe to a set of red flags or warnings of heightened risk that
businesses should be aware of.
Local communities and councils stand to gain most from the promotion of practices
that can guide them in negotiating with business firms that enter their communities.
Conflict-sensitive practices can also strengthen the protection of local communities
from violence.
For example, business firms often view security as a marginal cost that merely
protects their assets. This definition makes entrepreneurs prone to hiring abusive
security guards or providing local paramilitary units. Looking at security with a
conflict lens requires companies to plan and structure their security with all
people in the community in mind, sensitizing themselves to the reality that
investments can indeed become sources of violence.
There is a strong business case to employing conflict-sensitive approaches. When
companies fail to adequately assess and adapt their operations to situations of
conflict, their operations can result in mishandled relationships with both
communities and consumers, and investors lose out in the process.
The eruption of disputes between investors and local communities has led, too
often, to the withdrawal of investment plans, a halt to operations and stagnation of
local incomes and revenues. Disputes also led to direct and indirect costs to the
companies litigation risk, displacement of communities, violations of human rights
and threat to life and property.
Among the groups involved in the caucus were members of the Mindanao Electric
Power Alliance which committed itself to the red flags early this year. One of its key
members is Aboitiz Power.
Constant dialogue
Aboitiz Mindanao vice president Manuel Orig said the firm was beginning to realize
the need for constant dialogue with community stakeholders to prevent conflict and
the challenge of reframing the way in which businesses operate.
Aboitiz has begun to explore multistakeholder governance mechanisms that allow
local executives and civil society to participate in assessing its compliance with the
legal and environmental rules set out by central authorities and local governments,
and in meeting the social needs of local communities.
Good conflict-sensitive practice abounds elsewhere. Communities and companies
have been able to strike fairer contract-growing agreements with some banana
plantation companies in Cotabato and Maguindanao through dialogue.

Big fisheries companies have also been able to secure their operations against local
conflict by contributing to the expansion of marine-protected areas in Lanao del
Norte and Zamboanga.
Intermediary groups, such as the Mindanao Business Council, have bought into the
red flag principles and are bringing responsible and sustainable business practices
in Mindanao by helping popularize responsible and sustainable business practices in
the operations of their members.
Advice to firms
The diplomatic community is also providing conflict-sensitive advice to companies.
The British embassy, for example, circulates a human rights and business toolkit
among British companies wanting to invest in the Philippines. The Center for
Development Management of the Asian Institute of Management, for its part, has
entered into an agreement with International Alert UK (Alert) to extend learning and
improve skills in CSBP. Alert is the author of a comprehensive toolbox for conflictsensitive practices in the extractive sector which is being adapted in the country.
Business certainly stands at a critical juncture. In the face of energy, mining and
agribusiness investments spreading across Mindanao, some communities have been
drawn into inter or intra tribal and clan wars in the rush to enter into partnerships
with firms. In other cases, companies have tried to evade laws and rules on the
exploitation of land and other natural resources by making illicit payments to local
governments and by provoking divisions within communities and ignoring the legal
liabilities.
Act responsibly
Yet, while the role of business in ending conflict is no longer contested, a shadow
remains over the ways in which businesses operate. Business can trigger or fuel
conflict if it ignores the local context and fails to consider the impact on
communities and peoples access to land and other resources. It is therefore
necessary for business to realize that it needs to act responsibly and inclusively.
For civil society engagements with business are by no means a new concept. To be
sure, it is a word in action being tested, shaped and recast by stakeholders on the
ground, especially in light of corporate social responsibility and other social
projects being implemented. Yet, the tendency to polarize is still there.
Civil society is often the first to raise an alarm or to oppose investments and
operations that are seen to harm the environment or violate human rights. But
there are plenty of cases in which consultations fell short of objectives because of
inadequate focus to buttress campaigns with concrete examples on the impact of
new investments and businesses on communities.
Businesses play the same game, labeling civil society or belittling the latters
capabilities. They fail to understand how most of the recent positive changes in the
business environment in which they operate can be traced to efforts by civil society
to fight corruption and promote good governance.
Despite these critical issues, the shift to engagement is becoming inexorable. Vic
Lao, chair of the Mindanao Business Council (MinBC), spoke of how the group
wanted to strengthen its credentials to its constituents so civil society will find it
important to work with the council.
Preparing for future
Business associations and firms are beginning to recognize CSBP as an alternative
filter to survive in a conflict-setting. A strong case in point is the Paglas Group of
Companies that manages a profitable banana plantation in central Mindanao. Paglas
Group notes how it is able to function normally in abnormal conditions, making a
profit, contributing to wealth creation and helping strengthen the prospects of
peace and stability.
Big business can certainly play a more strategic role in mediating violent conflict,
including the sort that emanates from rebellion or social inequities.

MILF, business meet

MinBC has hosted events that promote dialogue between insurgent groups and
business firms. At a dialogue between the Moro Islamic Liberation Front and MinBC
officers and members in Davao in February, the two groups found common ground
in decrying the centralized economic governance of Mindanao by imperial Manila.
It is exciting to witness insurgents and businessmen grappling with issues such as
wealth sharing, fiscal decentralization and the devolution of franchises.
There is a clear momentum behind conflict-sensitive business practices. Some
companies like Aboitiz have expanded their definitions of stakeholders to include
not just those who are for, against or neutral vis--vis energy projects but also those
with potential interest in the project or those who have a claim to its benefits.
The creation of a governance mechanism would allow an in-depth exploration of
issues with stakeholders and create the means for shared actions to address
troubles that arise from investments and business operations.

Mindanao Tribal Leaders Urge Stoppage Of Large-Scale Mining, Dev't Projects

Source: PNA - http://www.pna.gov.ph/index_arc.php?&sid=6 &pfn=342957
Date of publication: 26 April, 2011
DAVAO CITY Mindanao tribal leaders are calling for the stoppage of large-scale
mining activities and other development projects leading to the destruction of
ancestral domain, environment, and life.
KALUMARAN, or the Kusog sa Katawhang Lumad sa Mindanao, in a press statement
said about 100 tribal leaders made the call at the Datu Bai Conference held at the
San Isidro Labrador Parish, Digos City on Monday.
KALUMARAN claimed that large-scale mining, agri-business, and coal fired power
plants have encroached in the Lumads ancestral lands.
The tribal leaders represented various tribal groups among others, Bagobo, AtaManobo, Matigsalug, Obo and Manobo in the Davao Region, Blaan and Tboli in
Socsksargen, Higaonon, Kaolo, Banwaon and Talaandig in Northern Mindanao,
Subanen in Zamboanga Region and Manobos in Caraga.
Datu Duluman Dausay, an Ata-Manobo from Talaingod, Davao del Norte, said the
recent deaths in a landslide in a mining area in Barangay Kingking, Pantukan,
Compostela Valley will possibly take a repeat if large-scale mining goes full blast.
He said while they firmly oppose mining in Davao Region, local officials fail to show
the same resolve.
It is no longer the destruction of environment, but the destruction of life as well,
the tribal leaders said.

Jomorito Guaynon, a Higaonon leader from Bukidnon, said that mining activities do
not benefit or contribute to the basic needs of the Lumads.
The tribal leaders said that these projects ultimately earn profit for foreign-owned
companies at the expense of destroying the environment, and ultimately the life
and culture of Lumads.
What future do we leave for our generations if our land is gone? the leaders
asked.
Datu Guibang Apoga, Ata-Manobo leader of Talaingod, Davao del Norte called on
fellow lumad leaders to continue opposing development projects that destroy the
environment.
KALUMARAN said there are 18 ethnolinguistic groups in Mindanao with a three
million population that experience the common problems of land grabbing, and
other forms of harassments resulting from mining and development projects. (PNA)

Why PH needs a national land use codenow

Source: PURPLE ROMERO - http://www.newsbreak.ph/2011/04/20/why-ph-needs-anational-land-use-code%E2%80%94now/
Date of publication: 20 April, 2011
Various laws that affect farmers, indigenous peoples and companies overlap and
confuse
MANILA, Philippines There are many reasons why the actions of the late dictator
Ferdinand Marcos continue to scar the nation. One of these involves his policies in
parceling out land.
To this day, the Buhid, one of the indigenous peoples of Mindoro, have not exercised
full ownership of their 94,022-hectare land due to a Marcos law, Presidential
Proclamation 2282 (PP2282), which allowed certain lands to be used mainly for
agricultural development.
Marcoss law, which introduced the Kilusang Kabuhayan at Kaunlaran program, set
aside 1.5 million hectares of land for agricultural development. The problem with
this, according to Dave de Vera of the Philippine Association for Intercultural
Development, is that some of the lands covered under KKK are ancestral lands, such
as those owned by the Buhid.
De Vera added that PP 2282 overlaps with 51 other certificates of ancestral domain
and titles all over the country.
The intention of PP282 and the Indigenous Peoples Rights Act, which pushes for the
recognition of ancestral domain, is inherently good. Both aim to distribute lands to
important and often deprived sectors of the society.

Lessons from Guinsaugon

For areas prone to disasters, there are clearly no easy solutions to the risk posed by
natural hazards. But proponents say a national land use code can help prevent
tragedies such as the one that visited the village of Guinsaugon in 2006.
Read the story
But what made the implementation of both laws problematic and messy is the lack
of a national land use code that would classify, once and for all, what lands should
belong to whom and should be used for what.
The national land use code, which has been languishing in Congress for years,
would provide a framework for the allocation, use and management of the countrys
land resources.
Without such a policy, the landless would be more often than not, be pitted against
the landless too. Magsasabong gutom sa gutom, De Vera said.
Crazy policies
There are two other laws that also overlap with PP 2282 and IPRA.
These are the Mining Act of 1995 and the National Integrated Protected Areas
System (NIPAS). One requires the utilization of the land, the other calls for its
protection.
The two contradicting mandates of these lawsand its repercussionscould be
gleaned from the case of Sibuyan Island in Romblon.
The 445-square kilometer-island, called the Galapagos of Asia for its rich
resources and unique location, is home to a national park, Mt. Guiting-Guiting,
which was declared as such by former President Fidel Ramos in 1996.
Under NIPAS, it is the protection and management board, not the whole indigenous
community, that oversees the national park. This board is composed of the
following:
regional executive director
representative from the autonomous regional government, if applicable
provincial Development Officer
representative from the municipal government
representative from each barangay covering the protected area
representative from each tribal community
at least three representatives from non-government organizations/local community
organizations
one representative from other departments or national government agencies
involved in protected area management.
The Mangyan taga-bukid tribe, however, got certificate of ancestral domain titles
over lands which also formed part of the said national park.
While this poses a conflict as to who has the right to oversee the conservation of Mt.
Guiting-Guiting, De Vera said that it might be easier to reach a compromise because
the Mangyans are the natural caretakers of the said mountain.
What is harder to resolve, De Vera said, is the prospect of mining companies
operating in the area.
In 2010, Altai Philippines Mining Corp., a Canadian firm, secured a Mineral
Productions Sharing Agreement permit from the Department of Environment and
Natural Resources. This means the firm could extract minerals from the island.
There are 21 other mining applications targeting Mt. Sibuyan, but it has been
reported that its provincial government has issued a moratorium on metallic mining.

A look at how the these mining applications, as well as the CADT and the NIPAS
titles, are plotted in the map of Mt. Sibuyan best illustrates the need for more
coherent land-use laws. One part overlaps the other. (Check powerpoint
presentation). The parameters are obviously not defined well due to these crazy
policies, De Vera said.
A question of priorities
Aside from having overlapping laws on land use, however, the priorities of local
government units and communities also decide the fate of the land.
Lets take mining for example. Mining hasnt really been welcomed by certain
sectors in the country ever since the 1996 Marcopper mining tragedy, where tailings
leaked from its storage and killed the Boac river in Marinduque.
The industry has since been equated with environmental catastrophe. Hence, there
are LGUs that are against it. Its not only mining though. There is the real estate
boom, which has been happening for a few years now.
These two clearly appeal to the LGUs needs to earn income for their communities.
Hence, the local land use plan is largely shaped by the vision of the incumbent
mayor, for example. Elmer Mercado, a former DENR undersecretary, said that this
becomes tricky especially when there is change in power. Pag may bagong mayor,
may bagong land use plan uli. Ang land use, dapat long-term plan, hindi dapat
nababago, he said.
Experts agree that a national land use code would help LGU officials and the public
strike a balance between these priorities.
The code would give the national government the authority to delineate what are
the countrys permanent forestlands. If the vision of the code is sustainable
protection, then these forestlands would not be opened for any economic activity,
and the LGUs have to follow this.
Optimistic
But what are the chances the national land use code would be passed?
It has been introduced since the time of the late President Corazon Aquino but has
never come near to becoming a law.
Both Mercado and De Vera, however, are optimistic that it would be finally be made
into a law in 2012.
The current administration has cited it as a priority bill in the legislative executive
development advisory council. Its more progressive now, better than the past, De
Vera said. Kunting tulak pa, Mercado agreed.
A committee report is now being drafted in the lower House, while a technical
working group has been formed in the Senate.
Having a national land use code, though, would definitely have implications. How
would it affect existing mining operations like the billion-peso investment of
Sagittarius Mines Inc. (SMI) in Tampakan, South Cotabato?
Mercado said that one option, if ever Tampakan is declared a permanent forestland,
is to have SMIs mining area carved out from the rest of the territory. But thats just
one scenario.
There is no doubt that having a national land use code would raise a lot of issues,
but Mercado reiterated that this doesnt mean it wouldnt also solve a lot of
problems.
The fact that it harmonizes and rationalizes land use and gives primacy to
protection is enough to give it a shot, Mercado said.
The code is really for the future generations, he said. Newsbreak