Conflicting ancestral land claims in Baguio and FPIC in Tuba

LIGHT AT THE END OF THE TUNNEL

PINSAO PROPER, Baguio City -- The Council of Elders of Baguio with the National Commission on Indigenous Peoples-Baguio started mediating conflicting land claims in cluster 1 that covers Guisad Valley, Irisan, Pinsao Proper/Pilot/Pinget) areas.

The elders planned at least three meetings to come up with reliable and dependable resolutions. The tradition of settling conflicts the Ibaloy way is termed "tongtong", wherein council of elders in certain area or clan gathers and participates in the process -- the customary way of solving conflicts among family members or among relatives with overlapping claims.

To avoid conflict of interest, manong Pancho Alinos and I inhibited as memebrs of the council and had uncle Isabelo Cosalan Sr. and manong Philip Canuto of cluster 4 and 5 preside as the tongtong went along. Manong Philip tried to introduce each of the CoEls who were present, then let the rest introduce themselves and why they were there.

Uncle Isabelo "Belo" shared his prayer as he stepped out of his house that morning. He recalled his prayer that God would bless his trip to Pinsao and he be granted wisdom and courage, and to be a blessing to everyone in Pinsao, for he believes that in any way, everybody in the community is a relative "Ayshiafil".

He prayed Kabunyan who gave us eyes to see and wisdom to understand will  direct conflicting parties to a compromising mood. "While the CoEls are gathering all that can be sorted out as customary laws, we are all ears to the root of every problem and then find solutions to them," he said.

We were all inspired by his explaining the spiritual importance of putting God first in all that maybe done in that meeting.

Every elder said his piece in getting to know everybody. Manang Vicky Macay, a volunteer and a CALT (certificate of ancestral land title) holder, recalled their hardships with Commissioner Bridgette Pawid, Dr. Julie Cabato and the rest of their group who lobbied for recognition of ancestral lands in Congress.

Manong Philip Canuto and Alberto Antonio talked on membership and activities of the Onjonni Ibaloi. Marie and Leonila Suello talked on creation of council of elders and how they preserved the land their father Benjamin Suello left them. Former mayor Jose Baluda, an heir of the Parisas from Bakakeng, cluster 2, spoke on being "shy" – a purported Ibaloi trait which they should be proud of. He said that an Ibaloi acts independently but must have the ability to adapt himself to modern times. "We Ibalois must be educated and learned. We should all be guided accordingly as indigenous peoples."

We attended three conflicts among the heirs of Salda, Alinos, Philip Camdas, Wesley Sinot, Mary Paran and Iloc Bilag. From our assessment of the three conflicts, the council learned and explained customary ways as we went along. First custom was the distribution of the meat after the canyao, called "watwat". Ibalois are clannish that this token pieces of meat be carefully and religiously distributed to every household in the community that even their household dogs have a share of the bones of these token.

The person assigned to distribute the meat knows very well all the people whom the meat is to be delivered in the community and nearby ones. Manong Pancho recalled in his younger days that one had to deliver with a service car and finish a day just going around Baguio delivering meat.

Second custom: Ibalois believe that there are two kinds of men, the seen and the unseen. "Hutamahsas tan Hutaag mahsas". In funeral of a parent, everybody must be informed. When a person owes or has a debt to the dead, he must come and pay his obligations to the bereaved in cash or in kind to help the family's expenses.

When the dead owes a person, this person should let the bereaved family know their parents owe him the amount. If an agreement was done, the children must know and acknowledge the agreement during the wake.

Third custom is the Ibalois' obedience to the law of the land. We don't want trouble if possible. We are peaceful and respectful citizens. We believe that education never lacks the meaning and value of spirituality.

Merits go to the Baguio council of elders, namely Alberto Antonio, PanchoAlinos, Philip Canuto, Vicky Macay, Leonila and Marie Suello, Mike Alos, Uncle IsabeloCosalan Sr., yours truly and many more who do not want to be named. Our learning pays tribute to Manang Brigitte Pawid. More power to you and your staff.

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Over at Asin Hot Spring, Tuba, Benguet, on “free prior informed consent” of Tuba folks on water rights over rivers and tributaries controversy in the town which the locals reportedly gave to a firm.

Under definition of terms, chapter II of the Indigenous Peoples Rights Act, FPIC means consensus of all members of the indigenous peoples to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference coercion and obtained after fully disclosing the intent and scope of tyhe activity, in a language and process understandable to the community.

My nephew Mike Alos and I went for a visit and had advice from the legal officer of the NCIP-Benguet concerning our findings. The former barangay captain of our place, Tadiangan is going around in a van owned by Goldlink/Goldrich, inviting landowners with a letter and a contract of lease attached to it. What surprised us was that the contract was already signed by the owner, Mr. Go. Many have already signed the contract. We just wonder if there is such animal as "CFPI"- “consent/cash free prior informed instead of FPIC. We believe this as a ploy of "divide and conquer". It is a direct application rather than due process. So help them God.

As far as we know, Tuba municipality is a CADT, ancestral domain holder but this guy is so proud in saying they already have the water right for Tuba rivers and tributaries. "Bantiwel"