Can an indigenous peoples organization and LGU unite?

>> Friday, October 22, 2021

 BEHIND THE SCENES

Alfred Dizon

(Nemia Ngalob writes this week’s column. An educator and IP herself, she hails from Besao, Mountain Province and belongs to the Applay indigenous cultural community)

    Recently, we witnessed the unflinching stance and unity of the local government unit (LGU) of Bakun and the Bakun Indigenous Peoples Organization (BITO) against a corporate giant HEDCOR. This was an unprecedented scene in Benguet, considering the dwindling practice of   IP customs and values. Because of this presence of collectivity, they have managed to pressure NCIP Cordillera Administrative Region to issue the very first cease and desist order (CDO). 
    This collective community effort of BITO and LGU is an action which the rest of the IPs within ancestral domains (ADs) should emulate. Rarely do you see in this contemporary times an indigenous peoples organization (IPO) working together with the LGU for the benefit of ancestral domain. Frankly, I thought this practice died a century ago along with our IP forefathers and the same can only be cherished in our history books. But boy, I was wrong.
    Said collective community effort was grounded and was magnified by the voice of the IP community wanting to put a stop on the operations of HEDCOR for its three hydroelectric power plants due to deceit implored by the latter. More than just a plea for just and commensurate royalty share from the decades of operation and for another 25 years renewal, the move to halt operations of HEDCOR was a matter of pride and respect.  
    On retrospect, the IPs of Bakun opened their doors as early as 1990 for the utilization of their resources not only for their benefit but also for the benefit of their neighboring brothers and sisters. This was their contribution for national development. And by doing such, they deprived themselves on the utilization of their water. Some sacrificed their land which they could’ve tilled had the water been directed to their fields and not to the power plants. In exchange, the power plants gave them royalty share which the IPs’ before believed to be commensurate and just.
    Decades passed and the life of the agreement lapsed. The IPs, through BITO, were now given again the chance to negotiate better benefit sharing or to set their foot-down to boot HEDCOR outside of their Ancestral domain and reclaim ownership of their water resources. BITO, as kind as they are, gave the benefit of the doubt and opened themselves for the re-negotiation through the free prior and informed consent (FPIC). They allowed the operation of HEDCOR despite the lapse of their memorandum of agreement (MOA) while the negotiations were then still pending.
    However, during the progression of the FPIC process, BITO was intentionally and maliciously pitted against their fellow IPs, who happens to be the Bakun LGU themselves, by the negotiators of HEDCOR.
    This backfired against HEDCOR. Rather than going against each other, as HEDCOR had intended, BITO and Bakun LGU united against HEDCOR – a reflection of true-blue IP elders / leaders inside an IP community. As a gesture of refusal, BITO retracted their consent and signatures to the MOA between them and HEDCOR.
    Thereafter, they issued a community resolution of non-consent formalizing their rejection to HEDCOR. They cited, among others, vitiation of consent and that said vitiation caused friction between and among the IPs of Bakun.
    BITO would rather brush aside the monetary royalty shares than seeing their fellow IPs fight. More glaring, BITO was allegedly deceived by HEDCOR which caused slight friction between them and their fellow tribe-mates. An act that is contrary to the IPs’ custom of Inayan, Lawa and Paniyew.
    The collective efforts BITO and Bakun LGU prompted NCIP-CAR to issue a cease and desist order. Their culture of collectivity did not stop there, BITO and Bakun LGU joined hands to and personally execute the CDO causing HEDCOR to pull the plug on all of their three power plants.
    The collective action the unity between BITO and Bakun LGU is something to behold and needs emulation. Diverse as they may be, BITO and Bakun LGU acted as one single unit, all for the benefit and what is best for their IP community. Their personal interest, particularly the Bakun LGU, was set aside and alongside with BITO, who in turn accorded each of the IPs of Bakun a voice. Both the Bakun LGU and BITO applied their customs and traditions like series of community dialogues and discourses in coming-up with the consensus-decision to boot-out HEDCOR.
    So far, in this contemporary times, it is only Bakun who have reached the level where both the IPO and LGU converged as one. For the rest of the ancestral domains in CAR, this is hard to achieve. Most of the time, it is the IPO and the LGU who are going against each other in cases of development projects.
    The LGU, who are also IPs and in their own right, are modern-day IP elders / leaders themselves. Most of the time, they are the ones who embrace the entry of development projects such as dams, logging and mining. The IPO, on the other hand, is a composition of traditional elders / leaders, they are the ones who advocate sustainable type of development. This clash of conflicting views is sometimes the riff that causes division between and among the IPs.
    The LGU most of the time see these type of projects as the goose that lays the golden egg and that the same should be sheltered. However, this different though the lens of IPOs. For them, intrusive projects like mining, dam and logging deteriorates or destroys the ancestral domain as the community’s provider. Intrusive projects for them is the knife that slits that throat of the goose that lays them the golden eggs.
    Some say this is the reality that all of us must accept; that there will be no solid nor united stand in relation with development projects inside Ancestral domains in this modern day and age. However, the story Bakun showed us that fusing conflicting views can be done. It showed us that a united and collective IPO and LGU, while free from personal interests and with IP values as its guidance, it can topple giants and can uplift the IPs to be at par with the rest. As of date, BITO and Bakun LGU, after series of dialogues with their fellow IPs, decided to give HEDCOR another chance. They recently allowed HEDCOR to resume its operations. They admonished and sanctioned HEDCOR. After seeing its power, it is now HEDCOR who is negotiating with BITO and Bakun LGU. A giant corporation on its knees begging before the BITO and Bakun LGU a scene very interesting to watch. 
    Let the story of Bakun be the antithesis of anomaly.

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