MP groups push ‘respect’ of customs in environment laws

By Gina Dizon

BONTOC, Mountain Province -- Recognition of  customary practices on harvesting forest products amidst  getting apprehended due to “illegal logging” and  vegetable farmers contaminating springs and domestic water supply were major issues of civil society organizations (CSOs) here who participated during the pioneering Peoples Day  conducted by the provincial office of the Dept. of  Environment and Natural Resources.

As noted during the Sept. 15 gathering, legislation of  implementing rules and regulating  (IRR) of the joint  administrative order (AO)  No 1 of 2008 between DENR and the National Commission on Indigenous Peoples (NCIP) recognizing sustainable indigenous forest management practices were needed.

What is enforced by government is Presidential Decree 705  which bans  illegal acts like  tree cutting  on forest reserves or places in Mountain Province which are 18 degrees in slope.  

Indigenous customary forest management practices are not enforced though with lack of implementing guidelines of said joint DENR-NCIP AO NO 1 of 2008.

DENR assistant regional director for technical services Agosto Lagon said DENR recognizes rights of indigenous communities and follows procedures stating that the IRR of said  Joint NCIP-DENR AO N0 1 should  be in place.

The customary ‘batangan’ systems on forest management of the municipalities of Tadian, Besao and Sagada covered with certificates of ancestral domains or titles (CADC/CADT) initially documented by the DENR with said LGUs were already recognized by the regional DENR office through memoranda of agreement.  

These however remain lacking in implementing rules and regulations (IRR) of said Joint AO supposedly to be  legislated by respective  Sangguniang Bayan.  

Tadian is reported to have reached second reading at the SB level, Besao already forwarded its IRR and passed by the SB to the Sangguniang Panlalawigan for endorsement and Sagada is yet to formulate its IRR.

It was learned that DENR’s  documented ‘batangan’ systems of Barlig, Natonin and Madukayan Paracelis are still with the NCIP for their endorsement.

Community Environment and Natural Resources Office (CENRO) officer Christopher Bosaing aired concern on CADC/CADT less municipalities of Bontoc, Sabangan, Bauko, Sadanga wanting of  documentation of their customary forest management practices such as the ‘saguday’ and ‘lakon’ system akin to ‘batangan’.

Lagon said the national policy requiring tenured communities of documentation of their  customary forest  management practices shall be forwarded to higher authorities for their  guidance, review and action.

Former NCIP regional chairman and current  Provincial Administrator lawyer Amador Batay-an said NCIP recognizes customary practises of indigenous communities in accordance with the  Indigenous Peoples Rights Act (IPRA), but get apprehensive on conflicting laws.

PENRO Officer Octavio Cuanso said LGUs’  Comprehensive Land Use Plan (CLUP) and the Forest Land Use Pan (FLUP) should find inclusion of customary forest management practises.

Gov. Bonifacio Lacwasan through  Executive Assistant Gary Pekas reminded constituents of the province of their obligation as indigenous people to safeguard and not abuse natural and God given resources further calling on partnership of civil society organizations and  government institutions to work together towards leaving a legacy for ‘our children’s children’.      

Participants here signed a covenant transition of environmental sustainability confirming their commitment to safeguard the environment as individuals, organizations and institutions in individual and collective capacities.  

In a separate workshop here in same event, Sagada  and Tadian participants urged respective SB and SP officials of Besao, Sagada and Tadian to legislate pending batangan policies in accordance with the Joint AO of DENR- NCIP within their three year term.

They also urged DENR and NCIP to relax their rules on requirements on being tenured communities  to document and legislate their respective batangan systems in accordance to the spirit and intent of said joint DENR-NCIP AO.  

In same workshop, Sagada and Tadian participants said NCIP’s requirement of a full blown Free Prior and Informed Consent (FPIC) is hampering implementation of DENR’s implementation of the program, Integrated Natural Resources Environment Management Project (INREMP).

 “It is enough that the community give their consent as noted during community consultations and a barangay council certification issued in a project which is obviously for community good such as tree planting”, they forwarded.  

“Full blown FPIC processes as required by NCIP should be more implemented in extractive projects such as those on energy, mining and road widening”, they added.