More questions than answers in Goldlink IP consultation

LIGHT AT THE END OF THE TUNNEL

Roger D. Sinot

ASIN HOT SPRING, Tuba, Benguet -- – Last week's issue talked about "The cart before the horse". In Chinese terms as seen by Filipinos, this is a classic example of "LutongMakaw" where everything is prepared, ready to cook, and what easily follows is the eating. Previously, the NCIP FPIC team headed by Nora Ramos, the Benguet provincial NCIP officer conducted two consultative meetings.

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Next, the council of elders/leaders for each barangay of Tuba were organized in preparation for the FPIC-MOA to be signed by the three executors – the proponent Goldlink Global Energy Corporation, the Indigenous Cultural Communities (ICCs/ IPs) of the whole Ancestral Domain of Tuba, and the National Commission On Indigenous Peoples (NCIP).

On Feb. 17, a meeting was held at the Tuba municipalhHall for all council of elders/leaders that were newly-formed. All the barangays of Tuba were represented to discuss the pros and cons of the proposed project. As the IPs of Tuba, we were thinking that was the time given for proponent Goldlink to present and clarify questions from the Indigenous Peoples represented by their council of elders/leaders, particularly their operation plan, the scope and extent of the proposed project, the cost and benefits, and the perceived disadvantages and the measures to be adapted to mitigate them; present  company profile and their experiences in operating hydroelectric plants, their assets etc.

Most of all, the cost and benefits of the proposal to the ICCs/IPs  and to the ancestral domain such as local employment, community revenue from operational taxes and education, public health and community projects, among others. Another question the IPs would surely ask was “How about the existing Asin hydroelectric plants?”

How would they address this situation where the City of Baguio has awarded the operation of their facilities to a certain Kaltimex, another hydro proponent? If in case, both are given FPICs, does it solve the problems? More questions and suspicions were on the air that morning rather than answers.

What happened was, after the council of elders/leaders of each barangays of Tuba were introduced, they already expressed their willingness to vote “in favor” of the proponent Goldlink. Every chairman of each barangay had no objections what so ever without any further discussion.

After their oral approval, the emcee, barangay captain Stewart Batona of Tadiangan asked if there were any objections. Atty. RichardstonePooten and I were the only ones who raised our hands. Atty. Pooten asked the presence of the proponent Goldlink. He said that we have many questions that need to be clarified, only the proponent could answer.

He said further that if only we will be given more time so as to clarify things. As a resident and business man depending on water, how sure are we that our sources of water are not affected? And if a water right be given to the proponent, I think, they will surely ignore us for the reason that they have the water right over our sources of water.

When it was time for me to express my sentiments, the emcee let somebody talk saying that only them, who are the elders are permitted to talk, which in turn, I should tell my opinion to the elder of my barangay and the elder would relay to them.

So what I did was to walk out from the room. While manong Stone was talking, I heard people at the back saying, "Adastogitangapos ta baknang!", "AligwenIbadoiitan!" Obviously, the ones who were talking were alluding their comments to Atty. Pooten. I just kept my silence rather than answering them, but I said to myself, "Kaumumaynaditoyngemisakitnatilugar!" He might be an immigrant but his heart is with us!

On my way out from the door, a cousin JurisAwal approached me and complained that he was barred from entering the room because he is a representative of the Kaltimex, another proponent. He explained to the team leader that he also is a landowner.

His mother owns a property to be crossed by Goldlinks pipelines once the project is implemented. Still, the FPIC team leader halted him from entering. Just like me, I was there to give my point in opposing in the sense that why so in a hurry? But I was barred from talking. Obviously, it was a done deal, a "LutongMakaw!"

What happened, I think was unexpected but at the end, the ICCs/IPs are at the loss when an elder told me that all our demands will be given after the FPIC-MOA is signed. Although I tried to explain, I felt like I was talking to a tree.

As I was told by an NCIP insider, there are processes that should be followed such as the validation of the elders/leaders and validation of the consensus building/decision making process.

The consensus building/decision making process through “tong-tong” for validation of issues or problems to be resolved will be discussed by the elders/leaders. It is a long process, the longer and more tong-tongs the better, then this is evaluated and finalized. As a customary law of tong-tong, in the end, the majority wins. The elders/leaders proceed in consulting among themselves, employing their own traditional way of communication, "Tav-taval" tong-tong. After they formulate the terms and conditions of their approval, they request the presence of Goldlink. It is all up to the proponent to meet the terms and conditions or not. Then that is the time when the FPIC-team commits to prepare the draft of the MOA to be presented for review and finalization.

Atty. Pooten and I stood and raised our hands not to oppose nor sabotage the project but we felt that in rushing decisions like these means 25 years of waiting for change oncewe short cut the processing of FPIC-MOA. Our stand here is to satisfy everybody, an attempt to find a "win-win" formula for all, the proponents and the ICCs/IPs.

To the appointed elders/leaders, it is your responsibility to play the role. All parties should be asked to speak and learn to listen. As elders of the community, you are to make decisions which should be fair to all. Your oath, a promise to resolve the issues. FPIC is a long process but the longer it takes, the more solutions to our problems will surely be solved.

From reading the IPRA Law, it allows the ICCs/IPs to be the ones to decide for their destiny (fate), not the NCIP or the Goldlink. Let us not put the cart before the horse. If that is the case, they can find one piece of paper in Recto. Before a child is considered educated, he has to go through a process and start from grade one until he reaches the final grade, then if he passes, then a diploma is given.  

 May I reiterate the objectives of the TadianganNangalisan Hydro Ancestra Land Association which I as the president is inclined to do for the group. The fifth which is: to avoid misrepresentation in entering into agreement, to promote customary practices and collective decision-making and finally, the seventh which is to protect our ancestral lands.

To the elders and pioneers of Baguio who have gone to the midst of our Lord, Judge NandingCabato, Mrs. Gene De Guia and Dr. Lourdes Tabora-Subido. Happy trails to your journey!