Itogon folks to NCIP: Stop Benguet Corp. dam works
>> Tuesday, December 22, 2020
ITOGON, Benguet
– Some 200 indigenous folks here and residents of lower downstream communities of this mining
town urged the National Commission on
Indigenous Peoples Cordillera to stop Benguet Corporation’s plan (BC) plan to
raise the level of its Tailings Storage Facility (TSF) 2.
Their petition given to the regional office of NCIP Cordillera on Dec. 11, called for an investigation whether the land where the dam was constructed is owned by the government or BC.
They also asked whether increase of the TSF 2 crest elevation required building permit from the Office of the Municipal Engineer/Building Official and whether or not the resolution of objection or non-objection of the concerned local government units were required.
The petition stated Benguet Corp. did not acquire from the NCIP Certification Precondition and Certificate of Non-Overlap for its Acupan Contract Mining Project.
BC started the Acupan Contract Mining Project in 2002 until now and started to increase crest elevation of the TSF 2.
Petitioners said the NCIP has not issued the required Certificate of Non-Overlap (CNO) or Certificate Precondition.
The petition also cited Section 59 of the Indigenous Peoples Rights Act or Republic Act (RA) 8371 wherein all departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain.
The petition added such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned and provided that no certification shall be issued by the NCIP without free and prior informed and written consent of ICCs/IPs concerned
They said no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT and provided ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.
On Dec. 10, residents and community elders also signed a manifesto of their stand against the plan of the mining firm.
This is not the first time the Itogon stakeholders expressed opposition to the project.
On Feb. 2, lower downstream communities and indigenous folks of barangays in Itogon collectively presented a petition to the dam raising objection to the project.
Last August, downstream communities held a peaceful assembly and traditional rites at the dam site to manifest their disapproval to raising of the dam level saying it endangers lives of people living near or downstream.
Their petition given to the regional office of NCIP Cordillera on Dec. 11, called for an investigation whether the land where the dam was constructed is owned by the government or BC.
They also asked whether increase of the TSF 2 crest elevation required building permit from the Office of the Municipal Engineer/Building Official and whether or not the resolution of objection or non-objection of the concerned local government units were required.
The petition stated Benguet Corp. did not acquire from the NCIP Certification Precondition and Certificate of Non-Overlap for its Acupan Contract Mining Project.
BC started the Acupan Contract Mining Project in 2002 until now and started to increase crest elevation of the TSF 2.
Petitioners said the NCIP has not issued the required Certificate of Non-Overlap (CNO) or Certificate Precondition.
The petition also cited Section 59 of the Indigenous Peoples Rights Act or Republic Act (RA) 8371 wherein all departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession, license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain.
The petition added such certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned and provided that no certification shall be issued by the NCIP without free and prior informed and written consent of ICCs/IPs concerned
They said no department, government agency or government-owned or -controlled corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT and provided ICCs/IPs shall have the right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.
On Dec. 10, residents and community elders also signed a manifesto of their stand against the plan of the mining firm.
This is not the first time the Itogon stakeholders expressed opposition to the project.
On Feb. 2, lower downstream communities and indigenous folks of barangays in Itogon collectively presented a petition to the dam raising objection to the project.
Last August, downstream communities held a peaceful assembly and traditional rites at the dam site to manifest their disapproval to raising of the dam level saying it endangers lives of people living near or downstream.
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