STATEMENT
A statement of concern from the Member of Parliament Froilyn Tenorio Mendoza on the proposed Administrative Order No. 9640. issued by the Ministry of Environment and Natural Resources and Energy declaring some areas in South Upi as mineral reservation areas that drew attention especially to the affected areas for the proposed mineral reservation.
First the bangsamoro organic law in its enumeration of indigenous people’s rights under Art IX Basic Rights Section 3 state that this organic law shall not in any manner diminish the rights and benefits of the NMIP in the Bangsamoro Autonomous Region under the constitution, National Laws particularly RA 8371 otherwise known as the IPRA of 1997. Particularly there is mentioned about the native Title or fusaka inged and Free Prior and Informed Consent. Meaning there is a need to ensure genuine exercise by the non-Moro IP of their right to Free and Prior Informed Consent (FPIC), whenever applicable. That the rights of the NMIP in the introduction and implementation of plans, programs, projects, activities and other undertaking that will affect them and their ancestral domains or fusaka inged be ensured and that their economic, social and cultural well-being be respected and protected. That any development must provide and ensure compliance with the procedure and the standards in the conduct of any consultations and decisions be made. And that FPIC process for any damages agreements must be observed of corporate social responsibility; and imposition of sanctions for any prohibited acts as hereinafter provided.
There is a need to ensure just and equitable partnership in environmental management, land use development and resource use within fusaka inged as well as benefit, between and among the NMIPs and the prospective investor, government agency, local government unit (LGU) non-government organization (NGO) and other entitles desiring to engage or collaborate in such undertaking;
Ensure that when priority to development and utilization of natural resources by the NMIP, the same shall be validated in accordance with the spirit and principles of FPIC, ensure that any benefit derived after the grant of FPIC of as an exercise of priority rights shall be managed and used properly by, for and with the concerned community not forgetting inter-generational obligations and guarantee protection of resettled/displaced NMIP’s. That the Bangsamoro government take appropriate actions to safeguard the rights of the NMIP under par. (e) of Section 3, Article IX of R.A. 11054, or otherwise known as the Bangsamoro Organic Law.
Secondly extractive development such as mining and logging is untimely aside from the Philippines is under the ring of fire we in the bangsamoro region is still shaping the future of this region from armed conflict to post conflict and still at the transition phase to normalization and rebuilding of communities.
The anticipated resource conflict is a very complex issue that needs thorough understanding in the light of grappling with the dropping of adverse climatic conditioned of this country from deforestation and massive mining industry in this country. The strong typhoons and shaking of the earth and earthquake felt in the different parts of this country and the effect of tropical storm paeng that claimed 27 lives among our non-Moro IP in Mt Minandar is a manifestation of the denuded mountains from previous extractive activity of mankind.
For our non-Moro IP in the affected proposed mineral reservation areas will meant a lot and this is a continuous denial on the Rights of the Teduray & Lambangian to their fusaka inged ancestral recognition. The Government needs to intervene on these and resolved the Teduray Lambangian Ancestral Domain Claim first. The recent Massive displacement due to armed attacks of Teduray and Lambangian communities in portions of Maguindanao del Norte and del Sur. It is observed that the different armed groups have their own conflict affecting the NMIP communities. There is a need first to look at the peace and security aspect and ensure that our NMIP will not abandoned their areas for fear and threats.
We are worried as well that the remaining forest covers which are actually residuals of extractive environmental impact in the past is the last pieces of right that our NMIP are holding and standing for it for our next generation.
The indigenous women are worried about the effect of this extractive industry to their right to safe sources of water, sources of their sustainable livelihood and raw materials that they gathered from the forest for their handicraft weaving will, be vanished, ritual sites and sacred grounds shall be desecrated, the health conditioned brought by the mine tails along the rivers which is hazard to their health. And the bigger impact of this is displacement the loss of their land for their economic and agricultural activity. Flattening of mountain’s and open pit mining and later on landslide loss or soil erosion soil infertility and no longer good for habitation and vegetation and this will result climate change, deforestation/habitat destruction, pollution, human and wild life conflict and loss of biodiversity.
We need to Save the Fusaka Inged, we need to save the Mother earth if before our environment is our source of life now the environment needs our intervention and needs to be rescued.
FROILYN TENORIO MENDOZA
Member of Parliament
Representing the Non - Moro Indigenous Peoples
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Source: Circulation / December 7, 2023
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