Tribe hits delays in mine project

>> Monday, March 17, 2008

By Joan Capuna

BAYOMBONG, Nueva Vizcaya — Pro-mining Bugkalot tribesmen living in the mineral-rich villages of Pao and Kaguiduguen in Kasibu town, this province, are getting impatient over the "delaying tactics" of an anti-mining group.

The tribesmen said the group keeps on airing threats to barricade the route leading to the site of exploration activities being conducted by an Australian mining company.

During a recent dialogue presided by Nueva Vizcaya Board Member Tony Dupiano, chairman of the provincial board’s committee on indigenous peoples, both pro-mining and anti-mining groups aired their sides on the issue.

Joey Ayson, explorations manager of Royalco Philippines which is conducting the exploration, maintained that his company complied with all the requirements and prerequisites imposed by the national government through the Mines and Geosciences Bureau before it was permitted to conduct the exploration in the two upland villages.

"It is not a joke that we are investing millions in the exploration just to be stopped by cheap mistakes, and we are very careful so that we do not violate any provisions of the mining act. We are aware that any severe violation of the mining law would be a ground for the Department of Environment and Natural Resources (DENR) to stop us," Ayson said.

"It is not fair that the company’s approved explorations permit is being jeopardized by people who keep barricading the entry points for the exploration rigs and keep sowing fears among residents with pictures of disaster that have not happened and may not happen at all," said overall Bugkalot Chieftain Rosario Camma, who is also the mayor of Nagtipunan, Quirino.

"While there are people opposing the exploration, the Bugkalot majority favors it because of the benefits it could provide to the Bugkalot community in terms of employment and road development which had never been provided by the local or national governments," Camma said.

Last August, Judge Godofredo Naui of Branch 37 of the Regional Trial Cout (RTC) here granted a petition for injunction requested by the company. It was noted by the court that the anti-mining group had failed to show any justifiable reason that the explorations in the villages of Pao and Kakiduguen in Kasibu town should be stopped.

In his four-page order dated Aug. 9, 2007, Naui said there appeared to be "sufficient evidence to show that plaintiff Oxiana (now Royalco) has a right to undertake any and all works granted under Exploration Permit II-000014, and that the acts against which the injunction is sought are violations of such right."

The group of anti-mining advocate Mariano Maddela refused to recognize the result of the Free and Prior Informed Consent (FPIC) process conducted by the National Commission on Indigenous Peoples last year.

They claimed that his group was not included in the process, saying they want another FPIC to be conducted in the affected areas.

In August last year, Maddela and company filed a petition asking the NCIP Regional Hearing Officer in Tuguegarao City to declare null and void the FPIC that was granted by the Bugkalots of Barangays Pao and Kaguiduguen, including the Certification Precondition issued by NCIP in favor of the mining company to conduct exploration activities there.

The petitioners also asked that another FPIC be conducted with the participation of other affected indigenous people.

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