Sagada folks: National laws autonomy obstacles

HAPPY WEEKEND
Gina Dizon

SAGADA, Mountain Province -- National laws like Presidential Decree 705 and the Philippine Mining Act of 1995 were identified obstacles in attaining regional autonomy by participants here in the municipal consultation on regional autonomy conducted by the sub-committee on the drafting of the third organic act chaired by former Bontoc Mayor Franklin Odsey.

In the recent gathering attended by barangay and municipal officials and folks, Association of Barangay Chairmen (ABC) chair Jaime Dugao said there was hesitance in the approval of the proposed autonomy law due to issues like on control of natural resources.

Sagada Councilor Kapon Gomgom- o said PD 705 does not entitle people of the Cordillera, who live in forested areas, full control of their
natural resources.

PD 705 provides that lands 18 degrees in slope and above are considered owned by the State. Almost 90 percent of lands of the Cordillera are found on slope of this classification which practically means that the State can utilize covered lands in PD 705 anytime as the State deems so for forest development purposes.

The Mining Act of 1995 was also identified as one obstacle in the realization of autonomy. The Act provides that all mineral resources are owned by the State and their exploration, development and utilization shall be under its full control and supervision.

This in effect negates the joint resolution adopted by officials of the towns of Sabangan, Bauko, and Tadian August this year, opposing the application for mining exploration by the Cordillera Exploration Inc, Gomgom-o said.

The Mining Act of 1995 is currently exercised in the act of the Mineral and Geo Sciences Bureau of the Department of Environment and Natural Resources ignoring any Local Government Unit stand opposing mining explorations and operations.

In the light of this DENR order, it upholds provisions of related mining laws amidst ordinances and resolutions issued by LGUs imposing a moratorium on large-scale mining operations in their respective areas of jurisdiction.

Besides, the Supreme Court ruled the constitutionality of the Philippine Mining Act of 1995 upholding foreign mining companies with 100 percent capital to be granted Financial Technical Assistance Agreements (FTAA) despite a constitutional provision that foreign companies can only operate in the Philippines with 60-40 percent equity.

Odsey noted an exception to the rule may be applied here where control of natural resources vis-a-vis national laws may be applied in an autonomous region of the Cordillera.

But he said free prior and informed consent (FPIC) provision of the Indigenous Peoples Rights Act (IPRA) can be a powerful provision in IPs asserting their rights over their natural resources. This, after Patrick Pooten asked what mining permits will the proposed function of the regional governor of the Cordillera Autonomous Region issue if
the people are not in favor of mining operations.

The IPRA defines free and prior, informed consent as ‘the consensus of all members of the indigenous cultural communities to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference, coercion and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.”

Further responding to Pooten’s query, Odsey also noted that laws being written in the positive shall be incorporated in the preamble or declaration of principles in the proposed organic act, as to natural resources being in the control of the Cordillera people.