Itogon elders clarify conflict on ISRI MOA
>> Friday, November 3, 2023
‘Violations before signing’
By March L. Fianza
BAGUIO CITY – Itogon elders last week made clarifications regarding actions which they claimed were legitimate, and which led to the signing of a memorandum of agreement for the application for productivity sharing agreement (APSA 103) of Itogon Suyoc Resources Inc (ISRI).
In a press forum which puzzled residents of sitio Dalicno, Ampucao why this was held even while the MOA was already signed, the elders which included former Mayor Mario Godio, related chronology of events that took place since the APSA was filed before 2018.
The other panelists were Oscar g. Pel-is, Andres Panayo, Joeden C. Acay, Gina M. Pili, Paulino Pal-lay and Rosita Bargaso.
It was moderated by Itogon Indigenous Peoples Organization (IIPO) secretary Daniel Ducayag.
Two days prior to the prescon, residents of Sitio Dalicno of Barangay Ampucao, one of the areas impacted by the application of the ISRI mining operations, celebrated the Indigenous Peoples Month by inviting speakers who explained the processes of the Free Prior Informed Consent (FPIC) and violations thereof.
In the press conference, Bargaso, IIPO president read the events listed in chronology that took place prior to the signing of the MOA.
Video footage also appeared in social media, parts of which were reacted to by some concerned individuals from Dalicno.
All the panelists in the press conference were one in saying that there were no violations of the FPIC before the MOA signing.
They said, those who believed they were affected by the APSA were given opportunities to air their side, even while many of their concerns were inserted in the MOA.
Despite the insertions in the MOA, Dalicno residents still expressed doubts over ISRI’s application.
This made IIPO president Bargaso state in the prescon that some Dalicno residents still did not agree to the offer of ISRI because of “personal” reasons.
Ampucao IPO leader Pal-lay said, as members of the IPO in the barangay, they knew that they performed their role to the extent of holding special consultations so concerns of Dalicno would be included in the MOA.
One of the issues was whether to “excise or consent” from the APSA the 34.6 hectare area at Dalicno that is presently being used as livelihood for small-scale miners. AIPO head Pal-lay named the affected areas as Purok Tangke, Tukok, Manganese, Ginawang, Tipong and Upper Dontog.
Pal-lay added ISRI has water rights at Maupa which is also Dalicno’s water source. Since they all needed water to survive, ISRI decided to share its water system to the community and observed that the mining company was amenable to addressing the terms and conditions of the community which made them sign the MOA.
He added that during the meeting last Sept. 13 facilitated by the AIPO, it was explained that the 34.6 hectares would be divided into two areas.
One area would consist of the built-up areas of Upper Dontog, Ginawang, Manganese, Tipong, Tokok and Tangke in 19.7 hectares to be included in the No Mining Zone area.
The second area would consist of 14.9 hectares located at Tukok and Tangke which would be consented by ISRI to small-scale miners, or to be excised from the application of the company.
Pal-lay said only 269 hectares was left out of the 581 hectares applied for by ISRI since the water sources, built-up areas and No Mining Zone were removed or excised. This was attached to the final form of the MOA which, as COELs of AIPO, made them sign the MOA.
The AIPO report regarding their meeting at Dalicno last Sept. 13, however, failed to include the incident where a public official disrupted an assembly which dispersed the crowd in attendance.
The unexpected incident apparently lessened the number of residents who were there to participate in voting for “excise or consent.”
Dalicno resident Allan Sabiano mentioned the incident in a social media page but did not name the official.
At the Dalicno IP month celebration meanwhile, residents learned that the FPIC process was violated at the portion where community assemblies were supposed to be held with the attendance of members of the ancestral domain, not by mere representatives.
Hence, Dalicno residents believed that no validation process as per FPIC guidelines was done before the formal signing of the final form of the MOA since no ancestral domain assembly was called for.
At the prescon, there was an inquiry on the legal personality of the IIPO to represent the Itogon community in the MOA signing to which former Mayor Godio said that the IIPO certificate was never cancelled.
However, upon checking Section 18 of NCIP AO 2 S. 2012, the registration life of IIPO had lapsed.
Understandably, there was nothing to cancel if a certificate had expired.
In a press forum which puzzled residents of sitio Dalicno, Ampucao why this was held even while the MOA was already signed, the elders which included former Mayor Mario Godio, related chronology of events that took place since the APSA was filed before 2018.
The other panelists were Oscar g. Pel-is, Andres Panayo, Joeden C. Acay, Gina M. Pili, Paulino Pal-lay and Rosita Bargaso.
It was moderated by Itogon Indigenous Peoples Organization (IIPO) secretary Daniel Ducayag.
Two days prior to the prescon, residents of Sitio Dalicno of Barangay Ampucao, one of the areas impacted by the application of the ISRI mining operations, celebrated the Indigenous Peoples Month by inviting speakers who explained the processes of the Free Prior Informed Consent (FPIC) and violations thereof.
In the press conference, Bargaso, IIPO president read the events listed in chronology that took place prior to the signing of the MOA.
Video footage also appeared in social media, parts of which were reacted to by some concerned individuals from Dalicno.
All the panelists in the press conference were one in saying that there were no violations of the FPIC before the MOA signing.
They said, those who believed they were affected by the APSA were given opportunities to air their side, even while many of their concerns were inserted in the MOA.
Despite the insertions in the MOA, Dalicno residents still expressed doubts over ISRI’s application.
This made IIPO president Bargaso state in the prescon that some Dalicno residents still did not agree to the offer of ISRI because of “personal” reasons.
Ampucao IPO leader Pal-lay said, as members of the IPO in the barangay, they knew that they performed their role to the extent of holding special consultations so concerns of Dalicno would be included in the MOA.
One of the issues was whether to “excise or consent” from the APSA the 34.6 hectare area at Dalicno that is presently being used as livelihood for small-scale miners. AIPO head Pal-lay named the affected areas as Purok Tangke, Tukok, Manganese, Ginawang, Tipong and Upper Dontog.
Pal-lay added ISRI has water rights at Maupa which is also Dalicno’s water source. Since they all needed water to survive, ISRI decided to share its water system to the community and observed that the mining company was amenable to addressing the terms and conditions of the community which made them sign the MOA.
He added that during the meeting last Sept. 13 facilitated by the AIPO, it was explained that the 34.6 hectares would be divided into two areas.
One area would consist of the built-up areas of Upper Dontog, Ginawang, Manganese, Tipong, Tokok and Tangke in 19.7 hectares to be included in the No Mining Zone area.
The second area would consist of 14.9 hectares located at Tukok and Tangke which would be consented by ISRI to small-scale miners, or to be excised from the application of the company.
Pal-lay said only 269 hectares was left out of the 581 hectares applied for by ISRI since the water sources, built-up areas and No Mining Zone were removed or excised. This was attached to the final form of the MOA which, as COELs of AIPO, made them sign the MOA.
The AIPO report regarding their meeting at Dalicno last Sept. 13, however, failed to include the incident where a public official disrupted an assembly which dispersed the crowd in attendance.
The unexpected incident apparently lessened the number of residents who were there to participate in voting for “excise or consent.”
Dalicno resident Allan Sabiano mentioned the incident in a social media page but did not name the official.
At the Dalicno IP month celebration meanwhile, residents learned that the FPIC process was violated at the portion where community assemblies were supposed to be held with the attendance of members of the ancestral domain, not by mere representatives.
Hence, Dalicno residents believed that no validation process as per FPIC guidelines was done before the formal signing of the final form of the MOA since no ancestral domain assembly was called for.
At the prescon, there was an inquiry on the legal personality of the IIPO to represent the Itogon community in the MOA signing to which former Mayor Godio said that the IIPO certificate was never cancelled.
However, upon checking Section 18 of NCIP AO 2 S. 2012, the registration life of IIPO had lapsed.
Understandably, there was nothing to cancel if a certificate had expired.
Section 18 requires that an IPO has to renew its registration every two years.
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