Citing the documented negative effects of mining operations on indigenous communities, Ifugao Congressman Teddy Brawner Baguilat is pushing for a new mining law that respects and protects the rights of indigenous peoples (IP), especially over IPs’ ancestral domains.

“In IP communities, mining operations have resulted in loss of livelihood, dislocation of settlements, weakening of social systems, and loss of ownership and control over land, among many other harmful effects,” Baguilat remarked.

Baguilat’s observations stem from a report of the House of Representatives’ Committee on National Cultural Communities (NCC) which he chairs.

“The Constitution recognizes the importance of indigenous communities. Not only are they an indispensable component of the country’s culture, they also hold a databank of traditional knowledge that can help solve global problems such as climate change. Their existence, therefore, cannot be sacrificed in the pretext of economic development,” Baguilat stressed.

“The NCC has conducted several hearings and on-site investigations on IP concerns, and one issue that is most often raised is that of the invalid or manipulated acquisition of the free, prior and informed consent (FPIC) of indigenous communities,” Baguilat explained.

The FPIC is a requirement being implemented by the National Commission on Indigenous Peoples (NCIP) before any commercial activity affecting IP’s ancestral domains can be undertaken. If majority of the affected indigenous peoples agree to the project/activity, a certificate of precondition is issued by the NCIP to the company.

“As the document’s name suggests, an indigenous community’s consent to mining operations must be freely obtained, with prior and sufficient information being provided to the IP concerned,” Baguilat remarked.

But this does not seem to be the case in several complaints investigated by the NCC.

“With quite a number of reported violations in the issuance of the FPIC, it is now up to Congress to insulate the FPIC process against the influence of mining companies,” Baguilat said.

Thus, Baguilat is pushing for a new mining law that would ensure the conservation and optimal use of mineral resources and respect and protect the rights of indigenous peoples.

“The old mining law has proven to be insufficient in terms of protecting indigenous communities, so a new law must be instituted, one that will not sacrifice the rights and culture of IPs in exchange for a promise of economic gain,” Baguilat noted.

The country joins the rest of the world in marking the 5th anniversary of the adoption of the United Nations Declaration on the Rights of Indigenous Peoples tomorrow, September 13.

Press Release
September 12, 2011
Contact: Robeliza Halip (0921-4928244) ; Maricel Tolentino, SMB (09178191089)

Related articles

• Macroasia Lies: Indigenous Peoples Challenge Mining Company Propaganda (edmortimer.wordpress.com)
• First Nations to U.N. Forum: Prior and Informed Consent, Not Just Consultation (indiancountrytodaymedianetwork.com)
• Brazilian Indigenous Leader Discusses Issues with Soy Plantations (indiancountrytodaymedianetwork.com)
• [Photo blog] Green Parade for a Green SONA (hronlineph.wordpress.com)