Hedcor statement on Bakun hydro controversy/ Red-tagging

BEHIND THE SCENES 
Alfred P. Dizon

(Hereunder is a statement of Hedcor on the Bakun hydro controversy): 

The Bakun Indigenous Tribe Organization (BITO) has issued a resolution of non-consent to operate our hydro power plants in Bakun.  

Having been in the community for 30 years, we are saddened by this turn of events. From 2017, we, together with the BITO, and guided by the National Commission on Indigenous Peoples (NCIP), have gone through a successful free, prior and informed consent (FPIC) process, which resulted in the issuance of the certificate of consent, and consequently, a signed FPIC-memorandum of agreement (MOA) in October 2019.
    This process is time-tested and it involves securing the consent of the entire indigenous people community in Bakun. . 

We understand from the resolution that this has been triggered by the petition for certiorari that the company had to file with the Court, to protect our plants from being unduly shut down. 

It is our hope that the community understands that the company has been left with no choice but to file the petition, given the threat to shut down our operations by March 31, 2021, was issued by the municipality while the dialogue for the new MOA on a voluntary shares with the LGU is ongoing.

It is our firm position that the negotiations for a new commercial MOA for additional shares is not a requirement for a business permit, and this has been supported in the opinions issued by the Department of Interior and Local Government (DILG). 

In the spirit of fairness, we find that a free and reasonable commercial negotiation is not possible with the undue threat to our operations brought about by the withholding of our business permit.

We would like to continue to be Bakun’s partner for progress for a long time. We appeal to our BITO leaders to support us in continuing the processing of our certification precondition (CP), so that we can commence the benefit sharing as agreed in the MOA.

We hope that the Bakun LGU will grant the renewal of business permit to continue our operation and sustain our relationship with the best interest of the entire Bakun community during this pandemic.

Hedcor remains committed to supporting the Bakun community, the same way we are providing our other host communities across the country with benefits that are reasonable and sustainable.

HEDCOR

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Senators last week called on the National Intelligence Coordinating Agency (NICA) to stop red-tagging government critics.

“In my opinion, their effort to red-tag people is out of place,” said Sen. Francis Pangilinan, referring to NICA director general Alex Monteagudo’s pronouncement that communist rebels have had insiders among Senate employees for a long time.

Pangilinan said the intelligence officials might be trying to find ways to justify their multibillion-peso intelligence funds.

He said the red-tagging comes in the wake of a surge in Covid-19 cases.

“Our people are unable to enter hospitals. They are waiting in the parking lot, in tents and in ambulances, and these officials prioritize this. This not really right. They should stop that,” he said.

Alarmed by the rising cases of red-tagging, Senate Minority Leader Franklin Drilon proposed a measure that will make red-tagging punishable by up to 10 years in prison and disqualify persons convicted of red-tagging from holding public office.

Drilon said Senate Bill 2121 seeks to criminalize red-tagging and provide for penalties as deterrence “in order to fix the legal gaps, address impunity and institutionalize a system of accountability.”

Libel or grave threats is not appropriate where a state agent vilifies a person as an enemy of the state, thereby impinging on the rights of that individual, Drilon said.

Sen. Aquilino Pimentel II said senators would ask Monteagudo for the basis of his pronouncement.

“Just because they are activists, you think they are communists,” he said in a radio interview.

He encouraged those red-tagged to share their experiences and the effects on their lives, which could be used as a basis in criminalizing red-tagging.

In its report, the Senate committee on national defense and security, peace, unification, and reconciliation said criminalizing red-tagging is no longer necessary as there are existing laws if the alleged red-tagging violated certain individuals’ constitutional rights.

The report of the Senate committee chaired by Sen. Panfilo Lacson stated that legal remedies are sufficient and available for personalities or groups that have been the subject of red-tagging. Some of them have availed themselves of these remedies, as evidenced by cases filed in the Ombudsman, according to the report.