Benguet IPs seek recall of mining company’s permit

BAGUIO CITY, Philippines – Indigenous people of Barangay Bulalacao in Mankayan, Benguet, have asked the Mines and Geosciences Bureau (MGB) to recall the mineral production sharing agreement (MPSA) of Crescent Mining Development Corporation (CMDC).

In a July 15 phone interview, Barangay Captain Romy Bayanes said the community made the cll in a a resolution where they also clled on the the National Commission on Indigenous People (NCIP) to stop CMDC’s drilling activities.

“We went to the NCIP regional office on Tuesday (July 12). The regional office received our resolution. We were told that the regional director was in Mountain Province at the time,” he said.

The Bulalacao Indigenous Peoples Organization (IPO) asserted in the resolution that the renewal of the company’s MPSA was illegal, citing the company’s failure to complete the free prior and informed consent (FPIC) process as required by law.

“(T)he Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) of Bulalacao strongly demands for MGB-CAR to withdraw the renewal of MPSA 07-96-CAR due to the absence of a Certification Precondition required in Section 59 of Indigenous Peoples Rights Act since there was no favorable result of a Free Prior and Informed Consent process ever conducted per NCIP Administrative Order 3 series of 2012,” the resolution stated.

“(C)onsidering that Crescent willingly and continuously disregards NCIP request for status quo, the ICCs/IPs of Bulalacao, challenges the NCIP-CAR Regional Director to step-up, uphold IPS rights under IPRA, and embrace to recognize the IP value of Inayan and immediately issue a Cease and Desist Order to Crescent,” the community said.

They gave copies of the resolution to the Mankayan Ancestral Domain IPO and other concerned local government units for their adoption; and the MGB Regional and Central offices.

Not giving up

Indigenous folk earlier set up a barricade in Bulalacao village in Mankayan town despite the renewal of CMDC’s MPSA.

Bayanes said they continued to guard the barricade the community set up in June to stop the mining company’s drilling activities. “We are at our barricade even as Crescent has resumed their drilling activities,” he said.

On June 18, CMDC contractors stopped their drilling activities when they saw the barricade. However, the barangay captain could not ascertain when the company resumed its drilling activities.

“Maybe they have not really stopped,” Bayanes said. “We will continue to stay in our barricade and continue to call for a stop to the drilling activities, hopefully they will heed our plea.”

On June 23, Addog wrote MGB chief Wilfredo Moncano to recall CMDC’s renewed MPSA “pending the termination of the FPIC process for the issuance of the Certification Precondition (CP).”

The Indigenous Peoples Rights Act (IPRA) requires project proponents to apply for Certification Precondition from the NCIP. The Commission en banc will issue the CP when the indigenous community consents to the project through the FPIC process.

The government awarded CMDC’s MPSA on November 12, 1996, which expired on November 11, 2021. The office renewed the contract on March 2.

In a May 27 letter to Addog, MGB-CAR Regional Director Faye Apil said her office endorsed CMDC’s MPSA renewal after receiving a copy of a certification the NCIP regional director issued on December 7, 2021, posing “no objection” to the renewal of MPSA provided that the company “commits to complete the FPIC process.”

The MPSA is an agreement where the government grants the contractor the exclusive right to conduct mining operations for 25 years – from exploration, mine site development, and use of extracted minerals – within an approved contract area and shares in the gross output. – Rappler.com