Balatoc tribe shows way to peaceful mining
>> Wednesday, August 17, 2011
LETTERS FROM THE AGNO
March L. Fianza
PASIL, Kalinga -- While government hurries up with the Public-Private Partnership priority program of PNoy, the same takes a new form in an isolated barangay in Pasil, Kalinga.
This time, the parties involved are warm bodies from the Balatoc tribe of barangay Balatoc, Pasil and the Metex Metal Resources Corporation (Metex).
After years of dialogue with mining proponents, the community organized itself as the Balatoc Kalinga Tribe Inc. (BKTI) which, according to Board of Trustee Washington Bakidan, formed its mining arm called the Balatoc Tribal Exploration and Management Corp. (BTEMC).
This was made possible with the assistance of the Chico River Consultancy and Management Corp. as represented by Engr. RicFamorca, formerly of Philex Mines; the late Atty. Ed Quianio as represented now by his son Albert; Engr. Danny Galang, formerly of Benguet Corp.; former Kalinga Gov. Mac Duguiang and their able staff.
Although another group has contested the leadership post of BKTI, the organization elected AsenioMalannag Sr. as president in 2009 and re-elected him to the post last July 4, 2011. The mining arm meanwhile is headed by Bakidan.
Last week, Bernie Okubo invited us to the oath-taking rites of the BKTI at the decommissioned mining complex of the BatongBuhay Gold Mines Inc. in barangay Balatoc, Pasil, Kalinga.
Together with Sly Quintos of the Baguio Chronicle and a handful of newsmen, we traveled the 22-kilometer rugged and narrow road to BatongBuhay that splits at an intersection before reaching Lubuagan Proper.
Pasil councilor and BKTI officer Samuel Tayaan said the road used to be wide enough for the big Peterbilt trucks that hauled the mining concentrates from the mine site to Port Irene in Cagayan, but this was left unmaintained after mining operations stopped in the early 80s.
By the way, councilor Tayaan said he was the buddy of Alfred Dizon, publisher-editor of Northern Philippine Times, when they were school mates at St. Mary’s in Sagada.
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The birth pains experienced by indigenous communities at the time when they are formally organizing are certainly hurting. Aside from internal conflicts in the community, they also have to work with rules as provided by law.
One of this is the provision in the Indigenous Peoples Rights Act (IPRA) about acquiring the Free Prior and Informed Consent (FPIC) of a tribal community before any activity on the land proceeds.
The IPRA further provides for “priority rights of the indigenous peoples in the harvesting, extraction, development or exploration of minerals and other natural resources within the areas claimed to be their ancestral domains…,” hence, the FPIC.
Last week, Bernie Okubo invited us to the oath-taking rites of the BKTI at the decommissioned mining complex of the BatongBuhay Gold Mines Inc. in barangay Balatoc, Pasil, Kalinga.
Together with Sly Quintos of the Baguio Chronicle and a handful of newsmen, we traveled the 22-kilometer rugged and narrow road to BatongBuhay that splits at an intersection before reaching Lubuagan Proper.
Pasil councilor and BKTI officer Samuel Tayaan said the road used to be wide enough for the big Peterbilt trucks that hauled the mining concentrates from the mine site to Port Irene in Cagayan, but this was left unmaintained after mining operations stopped in the early 80s.
By the way, councilor Tayaan said he was the buddy of Alfred Dizon, publisher-editor of Northern Philippine Times, when they were school mates at St. Mary’s in Sagada.
********
The birth pains experienced by indigenous communities at the time when they are formally organizing are certainly hurting. Aside from internal conflicts in the community, they also have to work with rules as provided by law.
One of this is the provision in the Indigenous Peoples Rights Act (IPRA) about acquiring the Free Prior and Informed Consent (FPIC) of a tribal community before any activity on the land proceeds.
The IPRA further provides for “priority rights of the indigenous peoples in the harvesting, extraction, development or exploration of minerals and other natural resources within the areas claimed to be their ancestral domains…,” hence, the FPIC.
The law further mentions the right of indigenous communities to “enter into agreements with non-indigenous peoples for the development and utilization of natural resources therein for a period not exceeding 25 years, renewable for not more than 25 years.”
It also gives the indigenous peoples the “responsibility to maintain, develop, protect and conserve the ancestral domains and portions thereof which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover or reforestation.”
In the case of BKTI and BTEMC, these organizations are themselves the applicants for exploration permits (EPA) that were immediately filed with the Mines and Geosciences Bureau one day after the BatongBuhay mineral lease claims expired on July 9, 2006.
It also gives the indigenous peoples the “responsibility to maintain, develop, protect and conserve the ancestral domains and portions thereof which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries, wilderness, protected areas, forest cover or reforestation.”
In the case of BKTI and BTEMC, these organizations are themselves the applicants for exploration permits (EPA) that were immediately filed with the Mines and Geosciences Bureau one day after the BatongBuhay mineral lease claims expired on July 9, 2006.
Director Amador Batay-an of the National Commission on Indigenous Peoples said his office has already issued a certificate of recognition to Malannag of BKTI and its mining arm BTEMC after the organizations submitted the resolution and petition with the NCIP-CAR, even while the application is pending with the MGB.
This recognizes and assures the Balatoc tribe that they will be given priority rights over the development of their ancestral lands.
What is good in organizing as “operators” themselves is that they are able to skip the FPIC process which is divisive as it turns one part of a community against another faction, particularly when the question is “who are in favor or not in favor” of a proposal.
Naturally, a division of the house or voting through the raising of hands follows. This is the act that is generally followed in parliamentary rules.
This results to a divided community – the winning group that is “in favor” of the proposed activity and the losing minority group that voted against the proposal.
********
In a briefer and backgrounder written by Engr. Famorca, it stated that the mining company of BKTI that was organized last June was registered with the Securities and Exchange Commission.
Apparently, the organization was an offshoot of a visit in September last year by Famorca’s group.
“We went to the minesite to get the peoples’ reaction to the possible re-opening of their mine. They were all in one accord and requested us to look for investors as soon as possible. I hope that there will be less problems this time as the people now own the property themselves,” Famorca said in the briefer.
“This time, we will design the mining facilities to be as simple as possible, environmental friendly, safe and efficient. We will train the locals to operate the facilities themselves,” Famorca further said.
These statements should allay fears of environmental destruction. Pasil Mayor James Edubba said that with the community organizing into mining operators themselves, their hopes for a brighter future would be concretized.
He hopes that the waste problem in Pasil and river pollution would be minimized in responsible mining operations.
Gov. Baac meanwhile, welcomed any agreement by the BKTI with any operator in case MGB evaluates that the former is not capable of operating BatongBuhay. What is important is that the Balatoc tribe is consulted and has prior rights over its ancestral lands. – marchfianza777@yahoo.com
This recognizes and assures the Balatoc tribe that they will be given priority rights over the development of their ancestral lands.
What is good in organizing as “operators” themselves is that they are able to skip the FPIC process which is divisive as it turns one part of a community against another faction, particularly when the question is “who are in favor or not in favor” of a proposal.
Naturally, a division of the house or voting through the raising of hands follows. This is the act that is generally followed in parliamentary rules.
This results to a divided community – the winning group that is “in favor” of the proposed activity and the losing minority group that voted against the proposal.
********
In a briefer and backgrounder written by Engr. Famorca, it stated that the mining company of BKTI that was organized last June was registered with the Securities and Exchange Commission.
Apparently, the organization was an offshoot of a visit in September last year by Famorca’s group.
“We went to the minesite to get the peoples’ reaction to the possible re-opening of their mine. They were all in one accord and requested us to look for investors as soon as possible. I hope that there will be less problems this time as the people now own the property themselves,” Famorca said in the briefer.
“This time, we will design the mining facilities to be as simple as possible, environmental friendly, safe and efficient. We will train the locals to operate the facilities themselves,” Famorca further said.
These statements should allay fears of environmental destruction. Pasil Mayor James Edubba said that with the community organizing into mining operators themselves, their hopes for a brighter future would be concretized.
He hopes that the waste problem in Pasil and river pollution would be minimized in responsible mining operations.
Gov. Baac meanwhile, welcomed any agreement by the BKTI with any operator in case MGB evaluates that the former is not capable of operating BatongBuhay. What is important is that the Balatoc tribe is consulted and has prior rights over its ancestral lands. – marchfianza777@yahoo.com
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