March Fianza
In August, under this column I wrote: Hoping to fully satisfy the protesters, LCMC elevated the case to the RTC Branch 64 at Abatan, Buguias and filed a petition for a Writ of Preliminary Injunction where Judge Agapito Laoagan Jr. issued a TRO. The barricaders defied the TRO. This was followed by the issuance of a Writ of Preliminary Injunction again granted by Judge Laoagan in favor of LCMC. The protesters secured a copy of the order but again, this was not respected. The self-styled leaders of the Madaymen barricaders said in some news reports that they will continue their protest even with the court TRO. With a string of denials they have been getting from the courts, they said “we had asked the government to help us but we are not being heard, so what government are we going to ask help from?”
With that kind of reasoning even as they are assisted by lawyers, things have come to a deadlock. One MADIPO adviser told me that only the lawyers of the protesters stand to profit from the situation. He knows that the sooner a dialogue between all parties commences the better for all. He asks, “Why should Mankayan allow a few to get in the way of what a majority wants?” No one is above the law so that everybody must allow a lawful process to push through.
In September, residents together with masked protesters blocked lawmen from delivering a lawful court order. I was able to witness the protest rally and had a taste of the unruly behavior displayed by the anti-mining advocates when I got hit by a rock thrown by one of the protesters. I still feel the pain on my back. It has been months and the proponents have bended too much backwards, only to fully satisfy people who have already become so unreasonable with their latest actions.
As a backgrounder and update, let me share parts an article by Marionne emailed to me last week. The article shows us an honest chronology of events and a picture of what has transpired in so far as the consultations with indigenous peoples in the mining town of Mankayan are concerned. The latest, a group of more than 180 legitimate residents and elders from barangays Bulalacao and Tabio have signed a manifesto declaring their support to the project and the ongoing Free and Prior Informed Consent (FPIC) process, and condemning the interference and violent acts by outside groups including the Save Mankayan Movement (SMM). Here goes:
The FPIC process is the first of its kind in Mankayan, Benguet and Far Southeast Gold Resources, Inc. (FSGRI) is committed to fully comply with the process in the spirit and letter of the Indigenous Peoples’ Rights Act (IPRA), its Implementing Rules and Regulations, and guidelines. In coordination with the National Commission of Indigenous Peoples (NCIP) and the local government, FSGRI will continue to work together with key stakeholders in the community to complete the FPIC process in a transparent, peaceful and comprehensive manner and serve as a model for genuine IPRA implementation towards upholding the rights of Indigenous Peoples and Communities. The current status of FPIC process and recently reported disturbances reflect a conflict between a community’s desire to exercise its right to self-determination, and the interference of external influences that threaten the proper and peaceful implementation and the integrity of the FPIC process, thus depriving the members of the community and ancestral domain of its rights under the IPRA.
As background, from September 24 to 28, the FPIC team went to the barangays within the identified impact area which includes the eight (8) barangays, namely ,Tabio, Bulalacao, Sapid, Poblacion, Suyoc, Paco, Colalo and Cabiten - to conduct consultative assemblies together with representatives from the Mines and Geosciences Bureau, FSGRI and Lepanto Consolidated Mining Company to disseminate factual information regarding the proposed conversion of parts of existing MPSAs into a FTAA and future exploration activities. After the presentation of the proponent and clarification from the government agency representatives, an open forum ensued where questions and issues were raised by the community and answered by the appropriate representatives. After the series of barangay assemblies a General Community Consultative Assembly was set on October 30, 2012. On October 30, residents from the said impacted barangays trooped to the Mankayan Open Gymnasium at Poblacion for the General Community Consultative Assembly.
During the said general assembly, the Save Mankayan Movement (SMM) disrupted the proceedings and assailed the NCIP officers with allegations of bias and manipulation after which, the NCIP, decided to postpone the voting process and set it on November 15, 2012. On this day, registration of participants was ongoing when members of the SMM with Atty. Richard Kila-an abruptly stormed the gates of the municipal gym and assailed the NCIP personnel stationed at the registration area to let them in. The NCIP personnel told them to register in the list provided for their specific barangays but the SMM members, mostly outsiders and not residents from the identified impact areas, refused to sign the attendance sheet and instead abrasively shouted at the NCIP personnel with threats of forcing and destroying the gates open if they were not allowed inside the gym.
Despite getting consistent answers and advises from the NCIP that in accordance with the law and under the applicable 2006 Guidelines, only residents and IP households of the eight impact barangays were to be involved in the FPIC process, the SMM members still insisted on their interpretation of the FPIC guidelines. With the heightened commotion outside the venue stirred by more or less 80 SMM members, around 1,000 people (mostly elders) literally trapped inside a covered gym were at risk of a possible stampede. In view of the tense situation, the NCIP decided to discontinue the General Assembly. The official Police Report in Mankayan has documented these critical incidents and threats of violence as well as human rights violations by the SMM members. – marchfianza777@yahoo.com
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