How participatory maps can inform national policy making: The Tampakan Copper-Gold mine case

On September 23, 2011, Sagittarius Mines, Inc., a joint venture between global giant Glencore, Australia's Indophil Resources, and Filipino firm Tampakan Group of Companies, organised a public consultation in Koronadal City, South Cotabato, Philippines, to present the results of a series of feasibility studies including the results of an Environmental Impact Assessment (EIA) and inherent “safety, merits and sustainability” of the planned US$5.8-billion Tampakan Copper-Gold mining Project.

The final overall mine area was estimated at around 10,000 ha located within the boundaries of four provinces, namely South Cotabato, Sarangani, Davao del Sur and Sultan Kudarat, mostly forested and including a substantial portion in the Indigenous peoples’ ancestral domains. The open pit of 500 has would have been dug to a depth of 785 meters while the topsoil stockpile and pit ore stockpile would have covered areas of 5 ha and 49 ha, respectively. The company’s EIA estimated that 5,000 people, mostly of indigenous origin, were to be directly affected, and would have required re-settlement. The mining project would have had direct impact on five watersheds, around 4,000 hectares of old-growth forest and five indigenous peoples’ ancestral domains.

Consultants and executives of the company shared the finding of their studies using figures, charts and images all presenting the “expected benefits” of the proposed mining project, the largest of its kind in the Philippines and among the largest copper mines in the world to a an estimated 10,000 people crammed in the Koronadal City plaza.

At the other end of the spectrum, the Philippine Association for Intercultural Development (PAFID), a non-governmental organisation (NGO) supporting the cause of Indigenous Peoples and local minorities, prepared a geo-referenced and scaled relief map of the area, to translate the technical and complex information available on the reports produced by the company via a visual and tactile interface. Building on the data provided by the mining company itself (e.g., potential stockpiles of mine tailings and wastes), the physical 3D visualisation of the mining complex - once unveiled - would have shown a different, less rosy scenario.  In the early morning before the start of the public consultation, the 3D map was sneaked into the plaza covered with a cloth.

The company’s experts - who included British, Australian and Filipino mining executives, were the first to present the results of the feasibility studies, environmental impact assessments and more, under the flashlight of local and national media, radio and TV operators.

When given the floor to react to the presentations, PAFID representative, Ms Kail Zingapan, unveiled the Participatory 3D model (P3DM) to the surprise of the mining executives, the large audience crowding the plaza and the local media.



Benefiting from the same media coverage as the mining executives, Ms Zingapan illustrated the actual and future scenarios of the Koronadal Valley and the Tampakan watersheds, where the mining operations would have taken place.

“This is the people’s map. We did not invent this,” she told the audience after unveiling the relief model. “Residents of the area showed us where their lands are located and we just plotted them on the 3D map,” Zingapan said. “We showed them the potential impact of the mining activities on the landscape and they saw that the mine development area would have included their ancestral lands. It appears that not all of them were consulted or correctly informed about the impact of the operations and the risks involved.”

According to local accounts, the audience was struck as Mr Zingapan further elaborated using the 3D map as a visual reference. She pinpointed that the company planned to build its tailings dam on an area, which is considered as sacred by the indigenous peoples. The location is also the headwater of the Mal River, which is the source of fish, of fresh water for home use and for irrigating crops. “This is your land where you live and get your food and other daily needs. It is up to you now if you want to see this land wasted and taken away from you or not,” she told the people in their local language. Her spoken words and image were amplified and accessible to the entire audience via the sophisticated multimedia system installed by the mining company for the occasion.

The visualisation of the pre and post scenarios offered by the 3D map were graphic, easy to understand and powerful, and underpinned public arguments contesting the company’s plans to mine copper and gold through the open-pit method.

The consultation ended, South Cotabato Governor Arthur Pingoy declared that he was duty-bound to implement the Province’s 2010 environment code, which bans open-pit mining. The mining company contested the “constitutionality” of the Province’s environment code and insisted that open-pit mining is the “safest method.” In 2014 the case, presented by the Europe-Third World Center (CETIM), was debated 26th session of the UN Human Rights Council.

In 2016, Philippine Environment Secretary Regina Lopez stated that “There will be no Tampakan mine operations under my term.” “I will never ever allow this because it’s immoral. It’s socially unjust to allow companies to put the lives of all the farmers and indigenous people at risk,” Secretary Lopez said.

On 27 April 2017, Secretary Lopez further stated that she will ban open-pit mining in the country, toughening a months-long crackdown on the sector she blames for extensive environmental damage. Among others, the ban would halt the $5.9 billion (£4.59 billion) Tampakan copper-gold project, the nation's biggest stalled mining venture. Tampakan failed to take off after the province where it is located banned open-pit mining in 2010, prompting commodities giant Glencore Plc to quit the project in 2015.

In interfacing with the press, Secretary Lopez used the same P3DM used in 2011 by Ms Zingapan to astound the audience in Koronadal City, and kick-start a process with is likely to lead to fundamental changes in the policy governing open pit mining in the Philippines.

Sec @iamGinaLopez shows the media, the proposed open pit mine in Tampakan. #MiningPH pic.twitter.com/lo9wP2CVeI

— DENR (@DENR_Official) April 27, 2017

Sources:

• Jee Y. Geronimo. 2017. DENR bans 'prospective' open-pit mines. https://goo.gl/HGX9xu 
• Reuters. 2017. Philippines bans open-pit mining as minister toughens crackdown. https://goo.gl/A55pm9. Thu Apr 27, 2017
• Louise Maureen Simeon. 2016. DENR thumbs down Tampakan mine project.  The Philippine Star. Updated July 28, 2016. https://goo.gl/I41U88
• ________2016. Philippines: Details of the Tampakan project challenged. https://goo.gl/w9Tyln
• CETIM. 2014. The Tampakan Copper-Gold Project and Human Rights Violations in the South Cotabato, Philippines, https://goo.gl/aYuWEZ presented at the 26th session of the UN Human Rights Council, 2014
• Tebtebba via the Rights and Resources Initiative. 2012. Community maps can empower indigenous peoples to assert land rights https://goo.gl/JhNyHx

Reminder:

#ConfirmSecGina 

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

The power of media: Did the documentary film "Virunga" trigger a plunge in the share price of the oil exploration firm SOCO International?

Virunga is a extraordinary documentary film which focuses on the conservation work of rangers within the Virunga National Park in the  Democratic Republic of the Congo, and the activity of a British company, Soco International, which began exploring for oil within the UNESCO World Heritage site in April 2014. SOCO is an international oil and gas exploration and production company, headquartered in London. It is listed on the London Stock Exchange.

The film premiered at the Tribeca Film Festival on April 17, 2014. Since airing on Netflix it was nominated for an Academy Award for Best Documentary Feature.

The allegations brought against Soco International by the documentary, and supported by local NGOs and civil society organizations working in and around Virunga National park, put increased pressure on the company to put an end to its exploration for oil within the protected World Heritage Site.

On June 11, 2014, Soco International and the WWF announced a joint statement in which the oil company committed "not to undertake or commission any exploratory or other drilling within Virunga National Park unless UNESCO and the DRC government agree that such activities are not incompatible with its World Heritage status". This was widely cited as a victory for WWF, which had long been campaigning for Soco to leave the region, and credit was also given to the filmmakers. However, strong concerns about the credibility of this agreement were raised by the filmmakers, alongside other NGOs such as Global Witness and Human Rights Watch, and local civil society organisations.

World Wildlife Fund executives now acknowledge that the battle over Virunga is hardly over. SOCO has yet to relinquish its operating permits or commit to an unconditional withdrawal…”They’re leaving the door open,” said Zach Abraham, director of the World Wildlife Fund’s global campaigns. (Source: adapted from Wikipedia)

On March 13, 2015, BBC reported that the Democratic Republic of Congo says it wants to redraw the boundaries of Virunga National Park, to allow for oil exploration.

On June 10, 2015 BBC reported that 'Soco paid Congo major' accused of Virunga oil intimidation.

Since the launch of the film on April 17, 2014, SOCO's share price has plunged by 63.33%. This slump can be attributed only partially to the drop in oil prices as shares from BP and Shell dropped by 14.3% and 25.9% respectively over the same period.

Call for action:
You can view the documentary film on Netflix.
You can interact with the producers via http://virungamovie.com/ and take action.
Save Virunga: http://savevirunga.com/
Watch trailer:


Heads up to Orlando von Einsiede, the film director, the French investigative journalist, Mélanie Gouby and to the team behind this great production!

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.

Palawan - our struggle for nature and culture

The struggle to save Palawan (known as the Philippines’ Last Frontier) is not only about saving trees and rare species. It is also about nourishing the Filipino cultural heritage, so powerfully represented by those indigenous communities that - after escaping Spanish and American colonization (while resisting the new ‘mining imperialism’ now) - continue to represent the 'living roots' from which all Filipinos originate. Therefore, environmental plundering by mining companies is not only a crime against nature but it is also a crime against culture, a sort of genocide that annihilates the most profound roots of the Filipino's history and ultimately plunders the cultural heritage of the whole nation! In this movie, Kawali, the mythical ancestor depicted by Batak narrators emphasises humility and trust towards the supernal beings in charge of animals and plants. On the contrary, the attitude of Kawali’s brother-in-law comes to represent the epitome of inappropriate behaviour, such as the lack of respect towards the mystical keepers of animals and - here specifically - towards the “father of bees”: a relationship that contemporary Batak continues to restore though the lambay ceremony. The sudden switch between the narration of the Batak myth and the threats posed by mining companies serves to introduce the work of ALDAW, a local network of indigenous peoples struggling for the protection of their ancestral land against large-scale corporations.

Participatory 3D Modelling (P3DM) for Peoples' Advocacy vis-a-vis Extractive Industries

This video documents how a participatory 3D model (P3DM) has been effectively used for advocacy purposes in the framework of the Tampakan Copper-Gold Project in South Cotabato, Mindanao, Philippines. In response to the results of an environmental impact assessment produced by consultants hired by the mining company, activists and community members used a P3DM process to harness local expertise to rebut the experts' findings and present the peoples point of view regarding the mining project.

Using the 3D model as the medium, a future scenario was added to the current situation: The pit hole, tailing dam and expected stock pile were visualised on the 3D model as if the mining operation would be running at full capacity. The impact of the visualisation was very strong since the public hardly knew which towns and villages would be affected, and was not aware of the actual impacts of the operations which had been minimised by the consultants in their presentation.


Source: PAFID, Philippines

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

Indigenous Palawan Leaders soon to Confront the National Commission on Indigenous Peoples (NCIP) in Manila

ALDAW (press release) - The struggle of the indigenous peoples of Palawan against mining corporations is now being impaired by highly manipulative processes being carried out by both NCIP (the National Commission on Indigenous Peoples) and MacroAsia Corporation.

Last week 30 “fake” tribal leaders, so-called Tribal Chieftains, went to Manila (Philippines’ Capital City) in order to show support for MacroAsia Mining Corporation (MAC), despite opposite views from the majority of the Indigenous Peoples of Palawan. These so call Tribal Chieftains have been appointed by NCIP to favour multi-billionaire Lucio Tan’s owned MacroAsia Corporation.

If this process of manipulation is not adequately counteracted, MAC may end up acquiring the required ‘social-consensus documents’ (Certificate of Precondition), which are needed in order to start mining operations in the territory of indigenous communities, some of which are still isolated and have limited contacts with the outside world.

By creating ‘ad-hoc’ “tribal leaders” NCIP and MacroAsia have bluntly disregarded local decision-making processes that are customarily facilitated by elders and so called ‘panglima’ (traditional leaders).

“These fake IP leaders” says Panglima Pedro Sagad “are paid by Macroasia and do not have any right to represent our people, especially with regards to mining companies encroaching in our ancestral territories”. According to Artiso Mandawa, Chaiman of the ALDAW network (Ancestral Land/Domain Watch): “none of these ‘so called’ tribal chieftains inhabit our ancestral land domain. Out of 30 of such representatives, 15 do not even belong to the Palawan ethnic group and eight of them are only half-blood Palawan. Of the remaining seven, two come from other parts of the Island, and five are lowland Palawan having no connections with the upland communities to be directly impacted by MacroAsia activities”.

Authentic representatives of indigenous Palawan communities (panglima), facilitated by the ALDAW network, will soon be travelling to Manila (the Philippine’s Capital City) to bring their voices and grievances to the attention of NCIP and, thus, to counterbalance the ‘fabricated’ testimonies of the ‘fake’ tribal chieftains. The mission, headed by ALDAW chairman Artiso Mandawa will be composed of seven indigenous leaders and representatives from Brooke’s Point Municipality: Pedro Sagad, Wiliton Palete, Prudencio Danadio, Ronald Cumbang, Entecio Gipaya, Titu Cui, Abelio P. Danadio.

Specifically, during the en banc NCIP meeting, the members of the delegations will make an open call to:

1. immediately investigate the mining activities inside the ancestral domain of the Palawan tribe, being carried out without the genuine free prior and informed consent of the tribe as enshrined by the Indigenous Peoples Rights Act (IPRA) or R.A. 8371 and without the mandatory community consultations as required by the Local Government Code of 1991;
2. revise the NCIP guidelines for FPIC, in order to ensure that these will really respond to the meaning of ‘consensus’, as it is perceived by the indigenous communities themselves; 
3. carry out serious in-depth investigations to determine whether, and to what extent, the provincial NCIP officers can still perform their duties in a way that reflects the mandate and priorities of NCIP. Ultimately, those officers who have abused their power and conspired with mining companies should be removed immediately from their positions;
4. revoke and nullify all certificates of precondition issued by NCIP to mining companies in Palawan;
5. disregard the Memorandum of Agreement (MOA) signed by mining companies and ‘fake’ tribal leaders who have been appointed by the NCIP rather than by the local indigenous communities;
6. re-due all FPIC processes in conjunction with the operations of MAC and other mining companies in Palawan. 

Aside from attending the en banc NCIP meeting, the indigenous leaders – through their national supporters (‘The Alliance against Mining’ – ATM) will deliver a special message to the President of the Philippines to spare Palawan (the Philippine Last Frontier) from mining operations.

The panglima through a selected ritual specialist will also perform a ritual offering at the office of ABS-CBN Foundation in Manila.  “The purpose of the ritual” says Pedro Sagad  (panglima and ritual specialist) is “to call our ancestors to support us as well as to guide the actions of those government officials responsible for implementing the Indigenous People’s Right Act (IPRA)”. This law, so inefficiently implemented, is – in fact - aiming at protecting indigenous rights and territories nationwide. As part of the ritual there will a symbolic offering addressed to ABS-CBN Foundation (the institution spearheading the 10 Million signatures petition) consisting of non-timber forest products (NTFPs), useful plans, traditional crops and seeds that have been selected by IP of Palawan over thousands of years and in the same locations that  are now being threatened by MacroAsia Corporation.   Say Artiso Mandawa “in doing so we want to place emphasis on the fact that our indigenous people have been the guardians and stewards of these precious natural and cultivated resources over a long period of time and, without us, Palawan would not be as beautiful and green as it still is today.  This is something that environmentalists should always take into account when implementing conservation projects”.

The indigenous delegation will also meet with Cong. Baguilat (Congress Chair for Indigenous Cultural communities) and Cong. Bag-ao of AKBAYAB- Caucus Group on Indigenous People (CGIP). The purpose of these meetings is to brief both congressmen on the proposed congressional inquiry regarding the issuance of Environmental Compliance Certificate (ECC) and Certificates of Precondition (CP) to MacroAsia.  The Office of the Presidential Advisor on Peace Process (OPPAP) will also be visited by the delegations to discuss the increasing militarization now taking place within the ancestral domain of the indigenous Palawan communities of Brooke’s Point Municipality.

Undoubtedly, unless MacroAsia Corporation mining will be stopped, the environment on which indigenous Palawan depends for their physical subsistence and cultural sustenance will be irremediably altered.  Also indigenous peoples’ sacred and worship sites are found within the mining tenements of MacroAsia. As of now, MAC exploration activities have also taken place in areas that, according to indigenous elders, are considered as lyen or lylien (sacred forests) inhabited by powerful super-human beings (Taw Kawasa), as well as in areas that are indispensable to subsistence and wellbeing of isolated communities. ALDAW has already obtained geotagged evidences on this as well as film footage.

According to official information, between June 15 and 17, the NCIP will convene an en banc meeting to decide on the issuance or non-issuance of the Certificate of Precondition to MacroAsia Corporation.  The eventual endorsement of this important document will allow MacroAsia to proceed towards the next step: getting the (Strategic Environmental Plan) SEP clearance from the Palawan Council for Sustainable Development (PCSD). After that, MAC will have acquired the most important documents to start the plundering of precious forests and indigenous people ancestral domains.  All measures should be taken to reverse this trend.

What you can do ...

Address your concerns to NCIP requesting the no-issuance of the Certificate or Preconditions to MacroAsia Corporation:

Hon. Roque N. Agton Jr., NCIP Chairman
and also to the attention of the following NCIP commissioners:
HON. Zenaida Brigida Hamada-Pawid
HON. Percy A. Brawner 

HON. Conchita C. Calzado 

HON. Dionesia O. Banua

HON. Santos M. Unsad

HON. Cosme M. Lambayon

Email: resource@ncip.gov.ph

Kindly request President Benigno C. Aquino III (Malacañang Palace, Manila) to support the Brooke’s Point indigenous peoples’ claims against MacroAsia Corporation and the manipulative FPIC processes initiated by NCIP

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 in the ancestral land of indigenous Palawan!

For more information watch ALDAW videos
http://www.vimeo.com/aldawnetwork
http://www.youtube.com/user/ALDAWpalawan
and see ALDAW Facebook page or contact the ALDAW INDIGENOUS NETWORK (Ancestral Land/Domain Watch) aldaw.indigenousnetwork@gmail.com

Philippines Gov’t cancels deal with Canadian company, and other Palawan updates

ALDAW- May 5, 2011: This week, the Office of the President of Philippines announced that it is cancelling its Financial or Technical Assistance Agreements (FTAAs) for several mining concessions in Palawan.

The FTAAs were originally signed by the authority of the President of the Philippines on April 12, 2010 and registered with the Department of Environment and Natural Resources on May 31, 2010 to Narra Nickel Mining & Development Corp., Tesoro Mining and Development Inc., and McArthur Nickel Mining. All three companies are affiliates of Canada's MBMI Resources Inc.

Indigenous Peoples in Palawan, however, aren't quite ready to celebrate the news, as the ALDAW Network observes in a recent statement:

Overview of Rio Tuba Nickel Mining Corporation (RTNMC) in Southern Palawan

"These mining corporations have the potential for causing the devastation of precious watersheds, indigenous ancestral territories and productive farm-land in Central/Southern Palawan. Thus, the temptation on our part would be to celebrate this fantastic news right away, and salute Pres. Noynoy for his long-sighted decision. However, past experiences tell as that government announcements of this kind must be read, interpreted and reviewed with extreme caution before assuming that things are really as they appear to look like. So – before 'full-blast' celebration, let’s us wait and see first how the President's 'decision' looks like on paper. Indeed, we hope that, soon, the concerned agency will make a copy of FTAA cancellation publically available."


It also appears that MacroAsia Corporation has "voluntarily given up" its own mining exploration permit in Northern Palawan. Apparently, the company, which holds a concession covering some 4,500 hectares of land, wants to support the government's plans to turn the region into an eco-tourism hub. However, ALDAW's equally reluctant to celebrate this news, as well.

"To us [it] looks a bit 'plastic' and, perhaps, has more to do with MacroAsia’s attempt to distract national and international attention away from its mining claims held in Southern Palawan which overlap with the Mantalingahan Protected area, with valuable watersheds and with the ancestral domain of Palawan indigenous communities," ALDAW continues. "Some of these IPs are extremely vulnerable having limited contact with the outside world." ALDAW's reluctance is understandable. As the network points out, despite the promising announcements, "indigenous people in Palawan continue to be the object of military abuse and derogatory prejudices." 

"In the first instance, it would appear that mining companies are spreading the news that the NPA is supporting anti-mining leaders. For the past two months soldiers in full-combat gear, have entered the ancestral domain of the Palawan in the Municipality of Brookes’ Point. Two weeks ago, several indigenous peoples have also been taken to the police station without due process and have been subject to intense investigation. Is it possible that what mining companies are attempting to achieve in Southern Palawan is the militarization of the area where they intend to extract minerals, thus creating a situation of tension/danger that may force local indigenous inhabitants to vacate the area or to give up any resistance to mining."

The Save Palawan Movement's lofty "No to Mining in Palawan" campaign leaped passed one million signatures, making it one of the largest running anti-mining petitions around. The Save Palawan Movement is a multi-sectoral coalition of concerned environmental, legal religious and other civic groups which launched the "No to Mining in Palawan" campaign on February 3rd, 2011. This was in direct response to the killing of Dr. Gerardo "Doc Gerry" Ortega, a civic leader who championed the protection of Palawan and an outspoken critic of mining operations on the Island. As of now, the petition has gathered a total of 1,047,989 signatures. Ultimately, The Save Palawan Movement and it partners hopes to gather "ten million signatures to deliver a strong message to the Philippine and Palawan governments so that they would finally say no to mining in Palawan and help protect one of the Philippines’ last remaining treasures."

With the recent announcements from the Office of the President of Philippines and MacroAsia Corporation, perhaps that message is already being received.

Sign the petition at http://no2mininginpalawan.com

For more news and updates on indigenous people and mining in Palawan, visit ALDAW's facebook page at http://www.facebook.com/Aldaw.network.palawan.indigenous.advocacy

The ALDAW Save Palawan Campaign: using web 2.0 for policy Advocacy on indigenous peoples

In March 2006, former Philippine President Gloria Macapagal-Arroyo called for a revitalization of mining nation-wide. Open-pit and strip mining for nickel results in the flattening of mountain tops, in the plundering of forest and in the production of vast amounts of tailings that contaminate freshwater sources and the sea. Palawan, the richest Philippines’ province in terms of biocultural diversity, and a UNESCO Man & Biosphere Reserve, is threatened as ever before.

ALDAW (Ancestral Land/Domain Watch), a local advocacy network decided to take immediate action, in the attempt of bringing the plight of Palawan indigenous peoples to international attention. In 2009, ALDAW in collaboration with the Centre for Biocultural Diversity (CBCD) of the University of Kent, began to produce participatory videos amongst indigenous communities. The primary aim was to provide communities with more information on the ecological and social impact of mining, in order to allow people to make informed decisions while confronting mining corporations. ALDAW began its journey amongst those communities who had already experienced the effects of mining. The recorded testimonials from community representatives (both indigenous and migrant farmers) were shared with other communities who were still in the process of confronting mining companies, and were unsure about the way in which they should approach these enterprises. These videos have had a tremendous impact in terms of bringing local grass-root voices to policymakers and to the global level. 

Dedicated ALDAW channels on YouTube and a page on Vimeo were established. For the residents of Palawan, these platforms have become an essential channel for presenting their claims and aspirations, as well as for entering into a dialogue with other indigenous communities from around the globe. ALDAW fieldwork also included the production of geo-tagged images aimed at documenting the overlapping between mining concessions, fragile environments and the ancestral territory of indigenous communities. Geo-tagged photos were loaded into a geo-aware application, displayed on satellite Google map and posted on the ALDAW Facebook Page. ALDAW also posted an Online Petition that, as of the present, has been signed by almost 4,900 people, while ad additional 20,000 signatures were collected through the assistance of Rainforest Rescue. 

Networking and the wide dissemination of information on the Palawan case encouraged other organizations - such as Survival International - to support the ALDAW campaign. As of now, a number of advocacy organizations and research institutions provided added channels for ALDAW to disseminate information including video documentaries (vlogging) and updates from the field. See, for instance, Intercontinental Cry, PPgis.Net Blog , Plant Talk of the Eden Project, Community Solidarity Response Toronto, CEESP, the IUCN Commission on Environmental, Economic and Social Policy, PipLinks (Philippine Indigenous Peoples Links). 

Rainforest Rescue also decided to support ALDAW struggle, by petitioning the UNESCO for taking no action to protect its declared Palawan Man & Biosphere Reserve. As a result of this action, ALDAW has been approached by the UNESCO and preliminary negotiations are ongoing. 

Just when the Palawan campaign almost appeared to have reached its peak, a tragic and unexpected event took place in Palawan on 24 January 2011, Gerry Ortega, an environmental advocate and broadcast journalist, was killed by a gunman after finishing his daily radio program on DWAR Palawan, which had been very critical of mining interests. Right after this, the ABS-CBN Foundation of the Philippine decided to fully support anti-mining efforts in Palawan, through the lunch of a 10 Million Signatures “No to Mining in Palawan” online petition. 

Recently, in response to the mounting outcry from both International and National communities, Pres. Benigno Aquino III announced that the government will cancel more than 300 pending mining applications in Palawan. ALDAW and the NGO community have welcomed the President’s decision, but they also warned that this will have little impact on the ecological integrity of Palawan because it would not stop the destruction and degradation being done by those mining projects that are already operating on the island.

People interested in the topics can join this GoogleGroup.

Impact on policy making:

Here are some articles appeared in the press:

• Phl suspends issuance of new mining permits (philstar.com) February 18, 2011
• Paje to MGB: Stop accepting new mining applications The Philippine Star, 02/19/2011
• Philippines suspends issuance of new mining permits (Xinhua, 2011-02-18)
• Uphill battle vs mining in Palawan begins ABS-CBN News, 02/23/2011

Comments are reflections

The short article summarizes the experience and methodologies of the ALDAW Network in bringing the voices of mining affected communities on Palawan Island (the Philippines) to national and international attention.  The overall ALDAW campaign strategy combines community grounded work with several WEB 2.0 tools/platforms such as YouTube, Vimeo, Blogs, Vlogs, Facebook, Geotagging, GoogleGroups, e-networking, and other tools for monitoring the occurrence of selected topics on the net, etc.

Some of the key lessons learned which ALDAW could share with other indigenous/farmers groups, as well with NGOs and People’s Organizations from different countries include the following:

1. How to use participatory videos to fostering reflection and joint actions while establishing strategic grass-root alliances against extractive-industries;
2. How to produce and circulate participatory videos to be used for exerting pressure at the national and international policy level.

This entails producing advocacy tools that are not only addressed to policy makers, conservation and development organizations, but that equally generate intra or inter-community solidarity across regions, as well as common grounds for cross-cultural discussions and analysis.

Macroasia and the Plundering of Protected Areas: Unravelling the Roots of Illegality

ALDAW, Puerto Princesa - In spite of the growing outpour of international support and solidarity, it appears to be no end to the attempts of some government institutions to transform the Philippines “Last Frontier” (Palawan Island) into one of the most popular mining destinations (click on the map below to see the details!).

Click the map to enlarge it to its original size !

Indeed, the violation of indigenous ancestral land rights on Palawan Island (Philippines) has exacerbated towards the end of 2010, with the proliferation of street protests and peaceful demonstrations. On December 21, the Palawan Council for Sustainable Development (PCSD) [in the absence of the chair, NGO representative, and with the vice governor opposing] affirmed the decision of the PCSD executive committee made last December 4, 2010, to issue Strategic Environmental Plan (SEP) clearances to Macro Asia Mining Corporation and Ipilan Nickel Mining Corporation (INC).
According to the Environmental Legal Environmental Center (ELAC) such clearances would enable these mining corporations to conduct large-scale mining operations within natural forests, protected areas and within the ancestral domain of the Palawan indigenous peoples. According to the SEP, the affected areas are classified as ‘strict protection’ or ‘core zones’ and ‘restricted use zones’. “The PCSD decision overstepped the bounds of the law that it is mandated to uphold, and ultimately placed Palawan’s natural and cultural heritages at great risk” said ELAC Attorney Gerthie Mayo Anda.

Surprisingly, on July 30, the indigenous peoples of Palawan and the local NGOs had succeeded in obtaining from the Palawan Council for Sustainable Development (PCSD) a deferment of a SEP endorsement to MacroAsia Corp. On that occasion Governor Baham Mitra agreed to defer the decision to endorse a SEP clearance to MacroAsia until a multipartite team composed of PCSD technical staff, local government officials, NGOs and Indigenous Peoples’ representatives would have visited the proposed area to investigate indigenous peoples complaints. Sadly, since then, the PCSD has made no efforts in constituting the much-wanted “multipartite team”.

The PCSD is the government body in charge of implementing the “Strategic Environmental Plan”, a very special environmental law aiming at ensuring the sustainable development on the island. This ‘Strategic Plan’ was created and put into place through conspicuous financial resources coming from the European Union which culminated with the  implementation of the Palawan Tropical Forestry Protection Programme (PTFPP). “It would be tremendously useful if the European Commission itself would begin an in-depth evaluation on how its multi-million investments in the preservation of Palawan Island have been rather vilified by reckless mining policies and by short-sighted politicians. Somebody must be made accountable for these conservation failures” said Dario Novellino, International Coordinator of the ALDAW Network (Ancestral Land Domain Watch).

Palawan is well known as the bio-diversity richest province in the Philippines and, for this reason, in the eighties, the entire island was declared by the UNESCO as a Man and Biosphere Reserve. “We tried to approach UNESCO several times on this issue” said a spokesman of the ALDAW Network (Ancestral Land/Domain Watch). “Through its silent and inertia, the UNESCO has shown, once again, how these declarations bring little or no benefits to local communities, especially when there is no clear political commitment to uphold them. Overall UNESCO has revealed the general weakness of the entire United Nations system, that is a chronic incapacity to take unequivocal positions on urgent matters requiring unambiguous and concerted political efforts” he added.

The political squabbles underlying the mining saga on Palawan Island are clearly detected in the ambiguous behavior of the National Commission on Indigenous Peoples (NCIP) - the official government body in charge of protecting the rights of tribal communities. As of now, the NCIP Palawan Provincial Office has bluntly violated all required procedures leading to transparent and genuine FPIC processes, siding instead with the mining companies. As a result, the indigenous communities of Brooke’s Point Municipality have bitterly rejected the so-called Certificates of Precondition issued by the National Commission on Indigenous Peoples (NCIP), in favor of mining companies.

On January 2011, Alyansa Tigil Mina (“The Alliance Against Mining”) - the largest advocacy network in the Philippines - has asked clarifications to NCIP national office on the compilation of an investigation report allegedly prepared by NCIP Provincial Officer Roldan Parangue, in response to the complains raised by the indigenous people of Brookes’ Point. In a letter dated 11 January 2011 Myrna L. Caoagas, from NCIP National, stated that the NCIP main office has never received such report.
Obviously, while the NCIP is unable to provide evidences of Indigenous Peoples’ Free and Prior Informed Consent, MacroAsia Corporation and INC are working hard to prove that their operations have been favorably accepted by local communities.  Village people that are not from Brookes’ Point Municipality are “induced” by both companies to make positive statements in their favor. Specifically, Mrs. Apolonia “Onyang” De Las Alas, a councilor from Mabalot village - and originally from the Municipality of Agutaya, in the North of Palawan - was invited to talk on the behalf of the indigenous peoples of Brookes’ Point in a press conference jointly organized by MacroAsia and INC, on January 5.  This has raised a fierce reaction on the part of the traditional and legitimate indigenous leaders.  Meanwhile, the ALDAW network has decided to approach Congressman Teddy Brawner Baguilat  (chairperson of the National Cultural Committee) requesting a Congressional Investigation of these matters.However, time to save Palawan is running out: towards the end of this month, Baham Mitra, Governor of Palawan and chairman of the PCSD will express his own decision on whether to endorse a SEP clearance to MacroAsia, Ipilan Nickel Corporation and LEBACH. As of now, all these companies have failed to secure the needed social acceptability requirements and have bluntly violated the basic tenets of both the Strategic Environmental Plan (SEC) and of the Indigenous Peoples Rights Act (IPRA Law).

Once again, one of the government agencies to be blamed for these violations is the Palawan Council for Sustainable Development (SEP). ELAC believes that “the Council overlooked the clear intent of the SEP law when it compromised its zoning policy to accommodate certain mining interests”. For the same reason, the ALDAW network has recently requested the PCSD to stop any further attempt of changing the definition of ‘core zones’ and other zones to allow mining activities in forested land.  It has already been established that some definitions such as those of “controlled use zones” found in the Strategic Environmental Plan have been amended by the Council to please extractive industries. For instance, according to the SEP law, in Controlled Use Area – (the outer protective barrier that encircles the core and restricted use areas): “strictly controlled mining and logging, which is not for profit… may be allowed”. Uncharacteristically, the “not for profit” specification has been eliminated, thus opening these zones to commercial extractive activities.

Clearly, the newly produced ALDAW video and additional geotagged evidences reveal that MacroAsia and INC have carried out exploration activities in ‘core zones’ (areas of maximum protection), as well as in ‘restricted zones’ and watershed areas. The locations of MacroAsia test-pits have been documented in areas of pristine virgin forest, and also at high altitudes (e.g. around and above 1,000 meters ASL) and specifically in those areas of primary forest where indigenous people harvest the resin of Almaciga trees (Agathis philippinensis), which is traded by the local communities for rice and other prime commodities.ALDAW geotagging-data further indicates that LEBACH drilling activities are also taking place out of the limits of its Mineral Production Sharing Agreement (MPSA) area.  Recently, the company has also harassed and intimidated local farmers by cutting their coconut palms, in the attempt of forcing them out of their own land. In conjunction with these field investigations, Artiso Mandawa, ALDAW national coordinator, has received persistent dead threats. “I will continue to fight for my people and my land, until the President of the Philippines puts a halt to all those mining investments that are genocidal to indigenous people” said Mandawa.

“We are afraid that the pronunciation of the newly elected President and especially of the Department of Environment and Natural Resources is that they would pursue mining as an economic policy, just like the previous Arroyo government. We cannot fight climate change if we will not prioritize sustainable development” added Alyansa Tigil Mina National Coordinator Jaybee Garganera.

It is rather ironic that President “Noynoy” Aquino’s centerpiece program is poverty alleviation and strict implementation of anti-corruption measures. Corruption, however, is not only about grafting, it is a state of mind, something that contradicts all ethical principles on which human coexistence and well being should be based.  Sacrificing watersheds, forests and people’s livelihood in favor of foreign profit is unethical; it is the most corrupted way of dealing with public welfare while jeopardizing the future of the coming generations.  Surely, “Noynoy” Aquino’s fight against corruption and poverty will not be credible, until the new administration comes up with a new mining policy to ban mining in Palawan, while revoking Executive Order 270-A or the revitalization of mining for the Philippines as a whole.

What you can do ...

Sign a Petition to Stop Mining in Palawan!

And address your concerns to:

• The Office of President Benigno C. Aquino III, Malacañang Palace, Manila, Philippines; titonoy@president.gov.ph
• Honorable Governor of Palawan Baham Mitra; abmitra2001@yahoo.com; fax: 0063 (048) 433-2948 
• Palawan Council for Sustainable Development (PCSD); oed@pcsd.ph. and c/o Mearl Hilario mearlhilario@yahoo.com;  fax: 0063 (048) 434-4234
• Department of Environment and Natural Resources (DENR); The Secretary, Ramon Jesus Paje osec@denr.gov.ph or hea@denr.gov.ph
• Mines and Geosciences Bureau mines_r4@yahoo.com
• The Man and Biosphere UNESCO (MAB) programme; The Secretary, Mr. Natarajan Ishawaran, n.ishwaran@unesco.org

For more information watch ALDAW videos on Vimeo and on YouTube or contact the ALDAW INDIGENOUS NETWORK (Ancestral Land/Domain Watch) aldaw.indigenousnetwork@gmail.com , ELAC (Environmental Legal Assistance Center) palawan@elac.org.ph or padayon_egl@yahoo.com and or Alyansa Tigil Mina (nc@alyansatigilmina.net or alyansatigilmina@gmail.com )

Source: ALDAW, 22 January 2011


ALDAW INDIGENOUS NETWORK
(Ancestral Land/Domain Watch)
is a Philippines-based advocacy campaign network of Indigenous Peoples defending their ancestral land and resources from mining corporations, oil palm companies, top-down conservation schemes and all forms of imposed development.

Macroasia scam continues: mining fever bypasesses state laws and government promises

ALDAW - September 15 - An update by the ALDAW Network (Ancestral Land Domain Watch)

Despite a growing outpour of international support and solidarity, there is no end to the attempts of the Philippines’ Department of Environment and Natural Resources (DENR) to transform Palawan (a UNESCO Man and Biosphere Reserve) into one of the most popular mining destinations. Only this week, MacroAsia Multi-Billion Giant (MAC)] through the pages of the ‘Philippine Star’has announced to have received an Environmental Clearance Certificate (ECC) from DENR to carry out mining operations over a total land area of about 1,114 hectares, in the Municipality of Brookes’ Point (see ). This will lead to the devastation of one of the last and best conserved forests in the Philippines, which treasures high-biodiversity and is also the home of vulnerable indigenous communities.

According to Artiso Mandawa (ALDAW chairman) “ECC endorsement to MacroAsia by DENR clearly shows that National decisions are violating and bypassing the legal procedures underlying the endorsement of mining permits. In Palawan the law requires mining companies to secure first a clearance from the Palawan Council for Sustainable Development (PCSD) before applying for a ECC and – as of now - MacroAsia has failed to do so”. PCSD (/) is a local government body in charge of implementing the Strategic Environmental Plan (SEP law) for the protection and sustainable management of the Province.

Surprisingly, only less than two months ago, the indigenous peoples of Palawan and the local NGOs had succeeded in obtaining from the Palawan Council for Sustainable Development (PCSD) a deferment of a SEP endorsement to MAC. On a PCSD meeting held on July 30, GPS evidences presented by the ALDAW network (Ancestral Land Domain Watch) and by its international partner (the Centre for Biocultural Diversity (CBCD) – University of Kent) had clearly demonstrated that MAC mining interests are concentrated in areas of high biodiversity, in primary forest and up and above to 1,000m ASL. Due to the evidences jointly brought forwards by ALDAW and CBCD, it was decided to defer the decision to endorse a SEP clearance to MacroAsia until a multipartite team composed of PCSD technical staff, local government officials, NGOs and Indigenous Peoples’ representatives would have visited the proposed area to investigate ALDAW findings and the complains raised by the NGO community (see here and here). Sadly this official decision is now being circumvented by the actions of DENR.

According to the ‘Philippine Star’ article, the ECC has been released to MacroAsia after a thorough project review and a series of consultations conducted principally under the supervision of the Environmental Management Bureau. “Government authorities are lying, we indigenous communities have rejected mining ever since and even during recent public consultations” says Panglima Sagad, a local elder and traditional Palawan leader. In reality, in February 2009, a petition complaining about the lack of consultation with regard to the passage of the 2007 local government resolution endorsing mining in Brooke’s Point, was signed by both farmers and indigenous peoples. Moreover, peoples demonstrations and a rally carried out in Brookes’ Point on August 27, 2009 convinced the former Mayor to call for additional public consultations to determine the degree of public oppositions to mining activities. The result of these consultations carried out on October 27 and 28, 2009, and the final counting of the votes obtained during these events, indicate that the majority of population in barangays Ipilan and Maasin are united against, and solidly opposing mining. On March 13, the Department of Environment and Natural Resources (DENR) together with MAC and Ipilan Nickel Corporation (INC) set up a public consultation in barangay Mambalot (Brooke’s Point). Interviews to community people attending the consultation, as well as the testimony of Mrs. Erlinda Edep, Barangay Captain of Mambalot, indicate that participants were paid an amount of 200.00 pesos for attending the consultation, and that this inducement was agreed by the mining companies. In spite of MAC and INC attempts to manipulate and control the whole process, the overwhelming majority of peoples attending the public consultation, still expressed their clear opposition against mining operations. Grass-root opposition to mining in Brookes’ Point has also been manifested in the course of numerous street protests culminating in the so called ‘Karaban’ rally at the Provincial Capitol on June 8, 2010

The recent article on the ‘Philippine Star’ further emphasizes that “in 2008, the Supreme Court has ruled with finality that MacroAsia has vested and legal rights to its MPSA”. However, according to Atty. Gerthie Mayo Anda of ELAC (Environmental Legal Assistant Center) “the vested argument is skewed and cannot be sustained. It is well-settled in Philippine jurisprudence that exploration, development and utilization of natural resources through licenses, concessions or leases are mere grants or privileges by the State; and being so, they may be revoked, rescinded, altered or modified when public interest so requires”. Says Atty. Mary Jean Feliciano of ALDAW “public interest in this particular case refers not only to vulnerable indigenous communities but also to thousands of migrant farmers and fishermen which have contributed to the prosperity and sustainable development of Brooke’s Point Municipality, and whose basic rights are now being trampled down”.

Ironically enough the DENR, through the issuance of an ECC to MacroAsia, is not only bypassing legal procedures, but it is also infringing the Philippine Mining Act which prohibits mining in old growth or virgin forest, proclaimed watershed forest reserves, wilderness area, and other areas of outstanding environmental value. The DENR is also neglecting those international obligations to which the Philippine Government is obliged. “Palawan, in fact, is a UNESCO Man and Biosphere Reserve but the national government is violating the condition for which such prestigious award was granted. Not only MacroAsia operations, but also those of other mining companies in Palawan are contravening the provisions contained in well-know conventions ratified by the Philippine Government: the Convention on Biological Diversity (CBD)], the UN Declaration on the Rights of Indigenous Peoples, etc.” says Dr. Novellino, UKC/CBCD researcher.

Allegedly MacroAsia, according to the Philippine Mineral Reporting Code, has now completed a seven-phased exploration program over 535.5 hectares or 48 percent of the MPSA’s total. The results indicate a total resource tonnage of around 88.36 million dry metric tons of ore. This is likely to translate into a foreseeable export of one million tons of nickel per year either to China, Japan or Australia. “One of our objectives” says ALDAW Chairman Artiso Mandawa “is to inform the public opinion on the tragedy that MacroAsia open-pith nickel extraction will cause to our indigenous peoples, farmers and our precious forest. We hope that this will encourage potential partners not to invest in MacroAsia stocks”

The irony of Palawan is to have one of the best environmental laws in the country (the Strategic Environmental Plan), but the law itself is continuously being amended to favor large corporations. As a result, both Indigenous organizations and Palawan NGOs are now requesting the PCSD to stop any attempt of changing the definition of ‘core zones’ and other zones to allow mining activities in forested land. “It has already been established that some definitions such as those of ‘controlled use zones’ found in the Strategic Environmental Plan have been amended by the Council to please extractive industries” says Dr. Novellino. He also added “for instance, according to the SEP law, in Controlled Use Area – (the outer protective barrier that encircles the core and restricted use areas): ‘strictly controlled mining and logging, which is not for profit…may be allowed’. Recently the ‘not for profit’ specification has been eliminated, thus opening these zones to commercial extractive activities”.

Aside from MacroAsia, other mining companies are posing equally serious threats to the people of Brookes’ Point, in particular the Ipilan Nickel Corporation (INC) and the Lebach. The latter has been given both SEP clearance by the PCSD and ECC by DENR over a total area of 5,839 hectares and, again, without the consent of the local communities. The local inhabitants are now questioning the authenticity of the so called Certificates of Precondition issued by the National Commission on Indigenous Peoples (NCIP), in favor of Lebach, respectively on October 5 and November 4 2005. On July 24, 2009, NCIP confirmed the issuances of such certificates, claiming that the company’s concession does not overlap with the indigenous ancestral domain. This claim, of course, has been contradicted by both indigenous peoples and farmers who have now decided to filing criminal and administrative cases against PCSD, DENR and NCIP. Even more worrying is the fact that large tracts of Lebach concession include cultivated land, as well as the farmers’ and indigenous peoples’ settlements. According to recent field information, the Lebach company is now harassing and intimidating local farmers by cutting their coconut palms. The final objective is to force peasants out of their land.

As usual, mining companies operations are being justified in the name economic development. However, a recent study by Alyansa Tigil Mina (ATM) - an alliance of mining-affected communities and their support groups –  have recently demonstrated that mining industry in the Philippines has failed to keep its promises of investments, employment and tax revenues. Jaybee Garganera, ATM National Coordinator reported, “The government barely achieved its targets and we have evidence to show this. For instance, the government had targeted at least $6 billion or Php 288 billion worth of investments for priority large-scale projects, but as September 2009, only $2.1 billion or Php 100.8 billion (35%) of its actual target came in as investments. He also added that from a target of Php 336 billion pesos as tax revenue, only Php 26 billion pesos was collected, or merely 8%”. He also noted that there were discrepancies on government records about the jobs generated by the mining industry. The Department of Labor and Employment (DOLE) reported 158,00 jobs (including quarrying), while another Philippine official report pegged that number at only 13,462. “Granting that 158,000 jobs were created in 2008 that is only 66% of the promised jobs” said Garganera

In spite of all this, mining pressure on the Philippine Last Frontier is escalating, with DENR fast-tracking mining contracts at an alarming speed. For both indigenous organizations and NGOs, having to deal with the widespread corruption, and with the multitude of new and emerging mining companies, has become a very strenuous, uncertain and overwhelming task. “For this reason” says ALDAW Chairman Artiso Mandawa “we are now looking for a long-lasting and stable solution to this problem. Hence we are appealing to the newly elected president Noynoy Aquino to scrap the mining act and declare Palawan a mining-free province. The President has the power to reverse those policies that have brought much suffering to our people and to our precious environment".

What you can do

Sign a Petition to Stop Mining in Palawan!


And address your concerns to:

*Paje, Ramon J.P. DENR SECRETARY
osec@denr.gov.ph

*DENR Head Executive Assistant
hea@denr.gov.ph

* The Director of MINES AND GEOSCIENCE BUREAU (MGB)
mines_r4@yahoo.com
tenement.mgb.gov.ph@gmail.com
tenement@mgb.gov.ph

*MacroAsia Corporation
info@macroasiacorp.com

*PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD)
oed@pcsd.ph. AND c/o Mearl Hilario mearlhilario@yahoo.com
FAX: 0063 (048) 434-4234

*Honorable Governor of Palawan
Baham Mitra
abmitra2001@yahoo.com FAX: 0063 (048) 433-2948

For more information watch ALDAW videos
http://www.vimeo.com/aldawnetwork
http://www.youtube.com/user/ALDAWpalawan
http://hub.witness.org/en/users/aldaw-network

or contact the ALDAW Network (Ancestral Land/Domain Watch) aldawnetwork@gmail.com

Source: ALDAW Network