Showing posts with label illegal mining. Show all posts
Showing posts with label illegal mining. Show all posts

Sunday, September 20, 2015

Drones and Aerial Observation : New Technologies for Property Rights, Human Rights, and Global Development

Gregor Maclennan from Digital Democracy talks about the use of UAVs used in the context of indigenous land rights in Guyana.

More information on New America

Tuesday, May 05, 2015

Controversial blaming game on deforestation in Palawan, the Philippines

Joint press-release by CALG (Coalition against Land Grabbing) and NATRIPAL (United Tribes of Palawan)

Recent years have seen an exponential increase in land deals across the Philippines with the conversion of large expanses of land with crops mainly intended for export while traditional upland farming implemented through swidden (‘slash-and-burn’) technology (kaingin) is demonized and antagonized through restrictive legislation. The latter, however, fosters local self-sufficiency and plays a fundamental role in the livelihood and worldviews of indigenous societies.

AGUMIL/PPVOMI oil palm expansion in Bataraza, Palawan
Palawan, known as the “Philippine last Frontier”, in spite of its unique recognition as a UNESCO Man & Biosphere Reserve, has not been spared from massive investments in extractive resources and industrial agriculture, especially oil palm and rubber development.  And yet, indigenous people and upland dwellers continue to be blamed for massive deforestation and ecological disaster. Not surprisingly, the recent front cover of a well known Philippine Newspaper (the Daily Inquirer, May 9 issue) holds a headline post with a powerful image that easily conflates all upland peoples as criminal agriculturalists “Images are powerful and can be damaging” says Wolfram Dressler a Research Fellow from the University of Melbourne (Australia) who has carried out extensive anthropological research in Palawan. ”They can direct blame without nuance and context.  The masses (and government) absorb such images to reinforce centuries old narratives demonizing kaingin - a term that many farmers avoid because of its pejorative nature” adds Dressler.

The Inquirer’s article was triggered by an aerial survey carried out by the Center for Sustainability (CS), a nonprofit organization claiming to work for sustainable development in Palawan. The group spotted from the air key locations, previously covered by forest, and which have now been subject to clearing due to various external forces (mining, oil palm plantations and shifting agriculture (locally known as kaingin, or more appropriately ‘uma’). According to the group, in addition to clearing by ‘poor farmers’, forest burning in the south has been linked to the proliferation of palm oil and rubber plantations, and the main target of ‘slash-and-burn’ activities is the clearing of primary forests for development.

Ironically, for carrying out its photo survey CS conservationists alegedly borrowed the private plane of Jose Alvarez, the present Governor of Palawan, a well-known supporter of large-scale agro-industry, especially rubber which accelerates deforestation and deprives more traditional indigenous communities of their resource-base.  He is chairing the Palawan Council for Sustainable Development (PCSD). In principle, this government body is mandated to ensure the sustainable development of the whole province, through the implementation of the Strategic Environmental Plan – SEP (R.A. Republic Act 7611). The latter mandates that no development project should take place in Palawan unless the proponents secure the so called SEP clearance.  Surprisingly, as of now, massive oil palm expansion and related forest clearing have taken placed unabated without SEP clearances.   “Here in Palawan” says Marivic Bero (Secretary General of the Coalition against Land Grabbing - CALG). “We have the best laws in place to protect both the environment and the rights of our indigenous peoples.   However, the limits of law lay within the implementation process, wherein rules and regulations are conditioned by the inability of concerned government agencies and their officials to stand by their own mandates”. She further argues that the government prohibition to ban kaingin represents a blatant violation of the major tenets of the ‘Indigenous Peoples Rights Act of 1997’ (Republic Act no. 8371) which recognizes, protects and promotes the rights of indigenous cultural communalities. “This is a very powerful law” says Bero “and should not be undermined by ‘minor’ laws and municipal ordinances banning shifting cultivation (kaingin)”.

While Palawan environment is being affected by agribusiness (mainly oil palm and rubber), mining enterprises - and various forms of land grabbing - state agencies such as PCSD (as well as some Palawan NGOs) still view indigenous kaingin as ‘illegitimate agriculture’ and as the primary cause of deforestation.  “Turning a blind eye to the plunder of forests by industrial logging, mining activities, agribusiness, and livestock production, state agencies continue to label and classify kaingin farmers as primitive, backward and unproductive who waste valuable forest resources, particularly timber” says Dressler. “In this way”, he adds “Government agencies have unleashed anti-kaingin campaigns that justified the resettling of kaingineros and adoption of permanent forms of agriculture that are not suited for the uplands.  In turn, kaingin is coercively regulated with fines or jail time, while indigenous upland farmers are frequently harassed by forest guards”.

In 1994, a ban against shifting cultivation (bawal sa kaingin) was enforced by former Mayor Edward Hagedorn through the so called ‘bantay gubat’: an implementing arm composed of poorly trained forest guards.  When this happened, no murmur of dissent was raised by Palawan NGOs, in spite of the severe hardship experienced by hundreds of indigenous communities because of the ban. The latter, however, was strongly opposed by Survival International (SI), the global movement for tribal peoples' rights.  The international campaign by Survival International resulted in a partial lifting of the ban.  Apparently, at the end, the former Mayor decided to allow Batak as well as Tagbanua tribes to continue their traditional kaingin practices with a ‘controlled burning’ rather than the previous ‘zero burning’ policy.  However – as the years passed by – the ‘ban on kaingin’ was imposed again with vigor and is now being implemented under the current administration "Ever since the ban on shifting cultivation was implemented in PPC Municipality, Survival has been lobbying for the government to exempt indigenous communities, such as the Batak, from the ban”   says Sophie Grig, Senior Campaigner at Survival International. "We are disappointed that in spite of international pressure, the local government still continues to implement a law which is creating food-shortage and malnutrition amongst the previously self-sufficient tribes of Northern Palawan". In spite of its failure, the ‘ban on kaingin’ initially implemented in Puerto Princesa Municipality, is now being emulated by others.  Recently, the Government of Brooke’s Point has proposed the implementation of similar restrictions in its own municipality and, if the ban will push through, hundreds of upland Pala’wan communities will be threatened with food insecurity and malnourishment.
Geotagging of a mountain range within MMPL used sustainably
by upland Pala’wan since time immemorial 
The CS aerial survey has added more fuel to the fire, through the production of dramatic photos--- images that, however, lack of context.  These images have prompted Governor Jose Alvarez to declare war on kaingin by proposing the creation of a ‘forest conservation task force that will undertake a 10-year plan to arrest the problem of slash-and-burn farming’.   “We are extremely worried about these new developments” says John Mart Salunday an indigenous Tagbanua who is presiding NATRIPAL, the largest indigenous federation in Palawan. “There are several indigenous communities’ conserved areas (ICCAs) in our province where traditional kaingin has been sustainably practiced from generations to generations.

Batak girl harvesting new upland rice
Unfortunately, the 'anti-kaingin policy' and the ‘bantay gubat’ implementing it, make no distinction between unsustainable 'kaingin' done by Filipino migrants and the traditional 'kaingin' still practiced by many indigenous people.” says Salunday. “Upland rice is such a strong part of our identify and our people have selected more than 80 varieties of rice over hundreds of years, not to mention the diversity of other crops: cassava, ubi, sweet potatoes, banana and many others.  If all this is taken away from us, our tribes will have no future” he adds.

The richness and complexity of indigenous upland farming systems in Palawan has not gone unnoticed to both local and foreign researchers such as Roy Cadelina, James Eder, Melanie McDermott, Nicole Revel, Charles Macdonald, Wolfram Dressler and Dario Novellino who have carried out in-depth studies on indigenous farming practices and on their relevance in people’s cosmologies, worldviews, identities and ethnobiological knowledge.  “If one compares the wisdom of indigenous upland farmers to the ignorance of most foresters, politicians and conservation biologists in the same field of knowledge, the gap is striking”  says  Dario Novellino, an anthropologist of the Centre for Biocultural Diversity of the University of Kent (UK) who has lived in Palawan over a period of almost 30 years. He sustains that the government ban on kaingin, implemented in Puerto Princesa, rather than protecting the environment, has placed insurmountable pressure on the forest and has also altered the sustainability of the indigenous farming system.   “I have see forest guards (bantay gubat) advising indigenous farmers to cut only very small trees for their ‘uma’ (upland fields) and to cultivate the same plots of land continuously” says Novellino “these indications are based on a very poor understanding of forest ecology. If you clear areas where only small trees are found, it means that you are going to plant land that has not yet regenerated its soil nutrients.  When you cultivate these fragile soils, over and over, you cause them to become infertile. Ultimately, only cogun (Imperata cylindrica) will thrive in these areas and the forest will never grow back”.

Pala’wan horticulturists  in the uplands
of Brookes’ Point Municipality
Well-known scholars have argued that traditionally practiced kaingin (or integral kaingin) involves the intermittent clearing of small patches of forest for subsistence food crop production, followed by longer periods of fallow in which forest re-growth restores productivity to the land. “Kaingin can yield complex assemblages of forest and other vegetation in unique mosaics comprised of open canopy tree associations to mature closed-canopy forest systems best understood at the landscape scale. As a complex system of agriculture and forestry, integrating production from cultivated fields and diverse secondary forests, kaingin farming may yield a wide range of ecosystem services and resources integral to livelihoods and forest environments in the mountains of Palawan” says Dressler. However, when such a complex system is altered, as for instance, due to the implementation of punitive policies, the repercussions on forest ecology and people’s sustenance becomes dramatic. According to Novellino, when indigenous upland communities are not allowed to procure part of the needed ‘carbohydrates’ (rice, cassava, sweet potatoes, etc.) through their farming practices, they are forced, as a result, to increase pressure on commercially valuable NTFPs (rattan, almaciga and honey) which they sell to purchase rice.  Ultimately, this may result in the fast depletion of non-timber forest resources and more pressure on the forest itself. Indeed, this is exactly what has happened because of the implementation of the ‘zero burning policy’ by former Mayor Edward Hagedorn.

Mining concessions in Palawan
One can only speculate why the Government of Palawan is so quick in raising its voice against kaingin while, on the other hand, remains silence when huge expanses of land, forest and fertile grounds are given away for agribusinesses. But, at least, we know the official explanation: oil palms are only planted on ‘idle’ and ‘abandoned’ land to enhance the province’s economy while increasing job opportunities and transforming unused areas in productive plantations.  But are such lands really ‘idle’ and ‘abandoned’?  A recent study carried out by ALDAW (Ancestral Land/Domain Watch) has clearly proven the contrary. The study argues that most of these so called 'idle' and 'unproductive' lands include areas that have been used since time immemorial by IPs societies.  “The removal of natural vegetation and of previous agricultural improvements by oil palm plantations is leading to the total collapse of traditional livelihoods, thus fostering communities’ impoverishment and increasing malnutrition” says Novellino. He sustains that what the Government has failed to consider is that most of the so called ‘idle’ and ‘underdeveloped’ lands include areas that are being utilized by rural and indigenous populations for different purposes (gathering of non-timber forest products (NTFPs), medicinal plants, kaingin, etc).  He believes that a direct relationship exists between oil palm/cash crop expansion, the impoverishment of people’s diet, the progressive deterioration of traditional livelihood and the interruption of cultural transmission related to particular aspects of people’s local knowledge.

As argued by Dressler “In contrast to commercially oriented monocultures, mixed swidden systems benefit Palawan’s indigenous peoples by offering a variety of timber and non-timber harvests for subsistence and commercial sales to diversify production and spread risks, thus avoiding the ecological and economic shocks associated with relying on one product too heavily”. Apparently, this is not perceived by the Government as a sufficiently strong reason to switch its development agenda towards more sustainable forms of agriculture.   Instead, local food security continues to be sacrificed in the name of oil palm and rubber development while anti-kaingin policies are strongly implemented with no distinction between traditional indigenous farming practices and migrants’ unsustainable slash-and-burning.  “If the government is serious about ensuring the welfare of its constituents” says Welly Mande a Tagbanua of CALG  “ it should enhance the capability of upland farmers to produce enough food, rather than fostering cash crop such as oil palms and rubber that are not for local consumption but for export”.   “What we would need instead” adds Mandi  “are lower risk models of agricultural development that give a greater share of  benefits to the poor while improving and fostering the production of endemic crops such as coconuts and rice”.

For the sake of fairness, we should now ask ourselves whether, at the present, all indigenous shifting cultivation practices throughout Palawan are always sustainable (based on long fallow periods). The answer is NO but, again, the blame for forest destruction should not be placed on upland dwellers.   Perhaps, one should look instead at the historical process that have led to unsustainable kaingin practices such as the dramatic reduction of  indigenous ancestral domains due to massive migration of landless farmers, encroachment by mining and plantation companies, insurgency and militarization just to mention few.

Official propaganda against kaingin, coupled by NGOs’ market-based conservation approaches, continues to provide additional incentives for international institutions to finance more of the same (e.g. reforestation of indigenous fallow fields which are wrongly classified as ‘degraded areas’). Often, such reforestation programs deprive local communities of those areas that are necessary for fields’ rotation, hence jeopardizes the sustainability of their farming system.

It will require detailed and multidisciplinary studies to determine where, and to what extent,  the conditions for optimal long fallows in Palawan are still present and how many indigenous communities are still practicing long rotation cycles. In turn, the law should move away from coercion and demonization of kaingin towards more culturally sensitive approaches that provide incentives to indigenous cultivators for increasing and fostering production of local genetic varieties or rice and other traditional cultivars.  In places where swidden practices have become irreversibly unsustainable, specific strategies should be developed in close coordination with local communities, rather than imposing top-down technical solutions and enforce legal persecution. In short, upland farming strategies should be evaluated through an integrated and interactive long-term process of research and development in close partnership with local upland farmers. This process should identify indigenous best farming practices, understanding them and the contexts in which these are used. Meanwhile, in the short term, it would work better if some media would refrain from publishing images that uncritically depict upland dwellers as ‘environmental criminals’, putting the blame of deforestation on those who suffers from it most.

Friday, November 11, 2011

Jinchuan Chinese Investors Face and Angry Crowd of Protesters on Palawan Island (Philippines)

PUERTO PRINCESA, 11 November, 2011 - On 10 November, indigenous peoples and farmers led by people’s organizations such as ALDAW (Ancestral Domain/Land Watch) gathered in Brooke’s Point city proper to protest against the mining plans of the Jinchuan Group Ltd. The company has signed a memorandum of agreement with MacroAsia Corporation for joint investments in Palawan, estimated to reach $1 billion. The agreement was signed during President Benigno Aquino's recent state visit to China.

“While we are struggling to protect our ancestral domain from mining plundering, Pres. “Noynoy” is signing mining contracts with China.  This is all very disappointing and frustrating... in consideration of his previous statements claiming that no more mining enterprises should be allowed to operate in Palawan without the consent of local communities” said a representative of ALDAW (Ancestral Land/Domain Watch).

The 88 million tonnes of nickel ore that MacroAsia Corporation (MAC) aims at extracting lye underground in the middle of the Palawan ancestral domain.  The company intends to mine up to 1 million metric tons nickel ore a year from the untouched and magnificent tropical forest of Brooke’s Point Municipality, one of the best biodiversity hot spots in the country. Most of the extracted minerals will be exported to China.

China is the world's top producer of NPI, a low grade ferro-nickel with high iron content, and relies on imported laterite ores for NPI production. In the first seven months of 2011, the Philippines was China's second-largest supplier of nickel ore  (after Indonesia), used for the production of stainless steel,
Speaking at the “Kapihan sa Diamond Hotel,” last September, Chamber of Mines president Philip Romualdez revealed that at least four mining contracts involving nickel mining projects in Palawan and Zambales were signed during President Aquino’s recent visit to China.

Through these agreements, the Philippine Government aim at bringing in $14 billion in investments within the next five years, sacrificing, in turn, the livelihood of thousands of farmers and indigenous peoples.

On late September, MacroAsia vice-president for Mining Operations Ramon Santos made a public statement saying that he was hoping that NCIP permit would be out by October. However, Indigenous Peoples in Palawan are challenging MacroAsia latest attempt to mislead government officials and the public so it can gain access to mineral resources on indigenous ancestral lands (see previous IC coverage)

In reality, October has been a rather challenging month for MacroAsia, due to the massive consultations carried out by farmers and indigenous communities of Brookes’ Point that have clearly shown how the company has no widespread local consensus, as it allegedly claims to have obtained.  Moreover, the local Palawan communities are now in the process of preparing an Ancestral Domain Sustainable Development Protection Plan (ADSDPP) as required by the National Commission on Indigenous peoples (NCIP)   The plan will pose a challenge to endorsement of a certificate of precondition (CP) to MacroAsia by NCIP, as it will clearly demonstrate how the Palawan indigenous people, since time immemorial, has profitably and sustainably managed their forest.  As of now, this forest represents a source of livelihood and traditional sustenance for the tribes, as well as an indispensable source of potable water and irrigation for the lowland farmers.

While the ADSDPP process is moving forwards, indigenous communities, not only from Brooke’s Point but also from other municipalities, have been able to come up with a joint resolution dated 23 October and calling the Government for a serious implementation of the Indigenous Peoples Rights Act (IPRA law), for the cancellation of mining companies such as MacroAsia and Ipilan Nickel Corporation (INC) which are encroaching on the indigenous ancestral land, and for the non-endorsement of the Certificate of Precondition (CP) by NCIP to such companies.  At the same time, on 31 October legal affidavits signed by genuine indigenous representatives of Brooke’s Point Municipality have been notarized and filed against both LEBACH and MacroAsia companies.

In addition to the partnership between Jinchuan and MacroAsia, also the Oriental Peninsula Resources Group, Inc. (OPRG) has been able to secure investments for three projects involving hydropower, coal, and nickel off-take with Yun Feng, a Chinese company that owns and controls automotive companies and parts suppliers in China. OPRG is an holding firm which has 94% equity in Citynickel, another mining company which is presently devastating tropical forest in Pulot (Municipality of Espanola) and polluting precious waterways such as the Punang, Malanap and Pulot rivers. The local people complain that the mining road is causing their rice-fields to overflow and be filled with a mixture of sand and silt coming from the mining road.

Citinickel, instead, claims to have signed a Memorandum of Agreement, on June 13 2008, in the City of Puerto Princesa City. Allegedly, such memorandum defines the specific rights and obligations of each party in the mining area, including those of the local indigenous Tagbanua and Palawan communities. The accord was an offshoot of the May 27 decision of the National Commission on Indigenous Peoples to cancel a compliance certificate it earlier gave to Platinum Group Metals Corporation (PGMC) and re-issue a new one to Citinickel.

Indigenous advocate groups claim that the re-issuance should have been duly re-validated by the indigenous traditional representatives and by their communities’ members. The latter, instead, – until now – have little or no understanding of the company’s long-term plans.

In the Municipality of Brooke’s Point alone, almost 6,600 hectares of land are now being occupied by three major large-scale companies: Celestial Nickel Mining and Exploration Corporation (CNMEC) - currently being operated by Ipilan Nickel Corporation (INC), MacroAsia Corporation and LEBACH.  All these companies have already engaged in exploration work and are waiting for the necessary permits to start full-scale operations.

What you can do

While local indigenous communities in Palawan are now being faced with huge interests and pressures coming from Chinese companies and investors, YOU can also support the local struggle by

Asking the Jinchuan Group ltd (JNMC) to stop their mining business in Palawan

President Wang Yongqian
Jinchuan Group LTD (JNMC)
98, Jinchuan Road
Jinchuan District
Jinchang,  737102
China

E-mails: wyq@jnmc.com
info@jnmc.com
jnmcadmin@jnmc.com
Fax (86-935)-8811612

JNMC US Office
derek.benham@benmet.com
sales@jnmc.us
Fax: 626-964-6336

Address your concerns to NCIP requesting the no-issuance of the Certificate or Preconditions to MacroAsia Corporation:
Email: resource@ncip.gov.ph
Telefax: (63 2) 373-97-65
Please also include in the Cc: oed@pcsd.ph and mearlhilario@yahoo.com (Palawan Council for Sustainable Development - PCSD)

Kindly request President Benigno C. Aquino III (Malacañang Palace, Manila) to stop signing agreements with Chinese and foreign corporations whose operations will destroy precious environments, agricultural lands and indigenous ancestral domains
Email: titonoy@president.gov.ph

Also sign the no-2-mining-in-palawan petition launched by the Save Palawan Movement and the ALDAW Petition to stop the encroachment of mining corporations and oil palm plantations on Palawan ancestral land.

For more information watch ALDAW videos on Vimeo and  Youtube; and see ALDAW's Facebook page.

Contact the ALDAW INDIGENOUS NETWORK (Ancestral Land/Domain Watch) at: aldaw.indigenousnetwork@gmail.com