Caraga Lumads Wanted all Mining Permits Within Ancestral Lands Recalled, Cancelled

BUTUAN CITY – Claiming wanton violations in the memorandum agreements mining companies had signed with the indigenous people of Caraga Region, majority of lumad leaders in the region finally decided on Friday to ask government to recall, revoke and cancel all mining permits whether it is small-scale or large-scale mining operations in all parts of Caraga Region.

Some lumad leaders during meeting of the United Caraga Indigenous People’s Groups

Friday afternoon held at Inland Hotel and Convention Center claimed some mining companies in the region have not even bother to conduct Free Prior Inform and Consent (FPIC) yet government allowed them to operate which is a blatant violation of the Mining Act of 1995 and the Indigenous People’s Rights Act or IPRA Law.

Free Prior Inform and Consent (FPIC) is a must requirement or a pre-requisite before government will issue small-scale or large-scale mining permits to any mining companies operating within ancestral domain areas.

Lumads claimed they are now preparing administrative charges against officials and personnel of concerned government agencies who allowed mining firms to operate without following laws.

They claimed they wanted a no, non-sense investigation on alleged fake consultation process wherein some indigenous people who are favorable to mining companies were the ones who signed documents there was indeed consultations when in fact majority of affected tribes were not even notified.

“In a way there were manipulations on the fake Free Prior Informed and Consent (FPIC) as to who among government personnel and officials were behind it that we wanted an investigation and if found out guilty, we wanted them punished so that it will not be repeated all over again and again”, tribal leaders Datu Ebanta, Datu Sumidlak, Datu Palasan, Datu Bagtikan and all other more than 50 tribal leaders from all over Caraga Region who signed the resolution.

Some 55 tribal leaders who attended the meeting signed resolution asking President Arroyo and DENR Secretary Jose “Lito’ Atienza to investigate, prosecute all those involve in the violation of existing mining and IP laws while urging cancellation all existing mining permits government had issued to mining companies operating

Under IPRA law or the Indigenous People’s Rights Act, Indigenous People has the right to call for outright cancellation if deem necessary any Mineral production Sharing Agreement (MPSA) or the Samml-Scale Mining Permits if violations were committed.

Datus Joel Buklas and Olorico of Claver, Surigao del Norte cited two mining companies PGMC or Platinum Group Metals Company and Oriental Synergy Mining Corporation (OSMC) allegedly operating within their ancestral domain claims for years now without Free Prior Inform and Consent (FPIC) with the Mamanwa tribes.

They blamed government who are supposedly to protect their rights and uphold the law for alleged total neglect of their plight. They claimed mining operations within their ancestral domain claims have forced them to flee homes and lands with some already living under the bridges while some already migrating to other areas.

Datu Ebanta with Christian name Evangelisto Morada, Jr., Datu Eddie Pangadlin, Datu Mario Luyahan and ten other tribal chieftains who signed a Memorandum of Agreement with San Roque Metals Incorporated (SRMI) President and CEO Francis Eric Gutierrez last August 14, 2006 claimed that until now they have not received the 1% royalty fees and other social promises from the SRMI.

“We already loss our patience for so meeting done and communication/demand letters we’ve sent to SRMI for their promise of educational assistance and employment for our children were unfulfilled” says Datu Rolito Moron of the Manawa-Manobo Tribes of Tubay, Agusan del Norte and signatory of the MOA.

SRMI through their spokesman former Butuan City Councilor Ryan Anthony Culima in reply told this writer they only follow instructions of MGB Caraga Regional Director Alilio Ensomo for deferment of payment of 1% royalty fee because of so many contesting groups who aired complaints at MGB office.

Ensomo in his July 2, 2008 letter to SRMI said his office have received information that there are five groups of lumads claiming legitimacy and seeking royalty fees from SRMI.

Ensomo advises SRMI to withhold releases of any royalty payments until such time that the matter be resolved with the National Commission on Indigenous People Caraga regional office.

NCIP Caraga Regional Director Jake Dumagan and NCIP Commissioner Felicito Masagnay told this writer earlier in an interview at the NCIP regional office here that all SRMI metals will do is to religiously follow the contents of the Memorandum of Agreement or MOA.

But the 13 tribal chieftain signatories of the MOA lambasted the two NCIP officials after learning that the NCIP have wrote letters to the mining firm to deposit the royalty payments to the NCIP Trust Fund account instead to the Accredited Mamanwa-Manobo Group.

They claimed that under the MOA the money proceeds from royalty fees amounting millions of pesos must be deposited in the name of the Manobo-Mamanwa account not to NCIP Trust Fund.

Currently, there are 56 large scale mining companies, all MPSA holders and 24 small-scale mining permitees operating in the region notwithstanding 37 holders of approved Exploration Permits and the figures are growing thus making the region as the present mining capital of the Philippines.