IX. Full Case Study Narratives - IDPIP-ST · 2014. 1. 2. · IX. Full Case Study Narratives. Introduction T ... 2.b to “protect the rights of ICCs/IPs to their ancestral domains

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IX. Full Case Study Narratives

Introduction

This research paper relates the evolving experiences of the Iraya indigenous communities in Abra de Ilog, Mindoro Occidental and Palaw-an indigenous communities in Sofronio Española, southern Palawan,on their engagement with huge mining corporations regarding FPIC processes within the past dec-ade. Indigenous traditional/organizational leaders and community members discussed their traditional beliefs, land use and justice systems to further under-stand customary laws. The gray areas in their community experiences with FPIC need to be addressed to push for a more effective and genuine policy process to uphold indigenous peoples (IP) rights. Their stories and shared insights attempt to be useful tools in understanding interactions of customary laws and ground policy dynamics to uphold rights to self determination. It is within this light that the research aims to contribute in advancing policy development and advocacy of IP causes.

Customary Laws and FPIC

The core rationale and the circumstances that led to the enactment of R.A. 8371, otherwise known as the Indigenous Peoples Rights Act (IPRA); as with the implementing guidelines and rights to Free Prior and Informed Consent or FPIC – same with most laws on rights and resources - were not borne out of the State’s discretion. The IP’s collective struggles, along with the broader people’s movement prove to be the historical force for patrimony, socio-environmental justice and genuine democracy. For past decades, vari-ous indigenous communities across the country have taken up various forms of resistance, within and outside the formal legal mechanisms to contest his-torical injustices of external and internal colonization, marginalization, and outright desecration of IP rights to land, culture, humane life and self-deter-mination.

TheState ischallengedtoaffirm its longdisregardedconstitutionalmandate to “recognize and promote all the rights of Indigenous Cultural Com-munities / Indigenous Peoples (ICCs/ IPs) within the framework of national unity and development” as IPRA Law’s policy declaration. As stated in Sec 2.b to “protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural wellbeing and shall recognize the applicability of customary laws governing property rights or relations in determining the own-ership and extent of ancestral domain.” However, more than a decade past its enactment, indigenous communities still bear the brunt of social inequity and encroachment of mining, energy, tourism, oligarchic and corporate interests.

65The Iraya and Palaw-an Indigenous Peoples

TheirreconcilabledifferencesofthestateandIP’sdefinitionandprinciplesof “framework of national unity and development” consequently became more pronounced.Thisaddedtodifficulties,conflictsandpitfalls inIPRA’spolicyimplementation.

Thus, thoughabreakthrough in the legalbattlefield, theenactmentof the IPRA law is not enough guarantee that its policy rationale and NCIP’s institutional functions will be realized without fundamental structural chang-es. This is highlighted in the implementation of the IP communities’ rights to FPIC processes.

The core policy of IPRA is to recognize the inherent rights of IPs to FPIC concerning various external interest in their territories. The FPIC pro-cess isdefinedas the“consensus of all members of the ICCs/IPs to be deter-mined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of an activity, in a language and process understandable to the community.” However, actual experiences reveal anoma-lous, manipulated, clandestine and even outright absence of FPIC processes that undermine IP rights to prior information, free and substantial participa-tion in decision-making processes.

Customary laws are the embodiment of indigenous worldviews and wisdom that guide traditional governance to ensure social unity, justice, eq-uity of access to resources, spiritual and ecological harmony. These are the pillars of cultural resilience and self determination that make them distinct collectives, amidst waves of external and internal colonization. Thus, genu-ine policy implementation of IPRA requires institutional mechanisms to en-sure that customary laws as the core policy guideline of FPIC processes are respected and recognized.

A. The Iraya Indigenous Peoples of the Abra de Ilog

The Irayas are the second most populous among the major indige-nous peoples of Mindoro island, collectively known as the Mangyans. Their ancestors were coastal dwellers who established nomadic semi-communal socio-political system. Throughout history, the displacement of the IPs here has been brought about by invasions of Moro pirates, foreign colonization and encroachment of ranchers, landlords, logging activities, mining and migra-tion of landless peasant settlers. Currently, they remain scattered throughout the inner mountainous and low lying areas in the northern municipalities of Sta. Cruz, Mamburao, Paluan, Abra de Ilog in Mindoro Occidental and Puerto

66 Customary Laws and FPIC

Galera, San Teodoro, Baco in Mindoro Oriental.

Abra de Ilog is the main entry point to northern Mindoro Occidental from Mainland Luzon. Literally translated as ‘heart of rivers”, its watersheds served as the first abode of Iraya forebears whose descendants comprise about40%ofthepopulation.Tributariesflowdownmountainstowardstheplains tilled by farmers and peasant workers who are mostly settlers from Batangas, Marinduque, Quezon and Visayas. Vast tracts of lands were former pasture and haciendas, owned by a handful of landlords belonging to current ruling clans.

Aplake Beding, an elder believed to be almost 70 yrs old shares: “...when I was little, I used to run away when ‘those wearing pants’ ap-proached. The natives were afraid… It was during the time of President Roxas when some elders gradually interacted with lowlanders and learned their ways. Among the lowlanders was Ando Zoleta who made a fortune out of logging and owning vast fertile plains. The Zoletas became the most powerful elite of Abra de Ilog... we became casual laborers in their logging operations or hacienda with no pay other than tabacco for betel nut chewing. Iraya communities later learned plowing and lowlander ways. Wood, bamboo, rattan, gallons of honey, handicrafts or sacks of produce from Iraya were exchanged for iron pots, bolos, sardines, by settlers or most of the time for nothing. Some damuong (settlers) became friends who asked for land to which elders consented. Land was vast and resources abundant, free for those who wanted to live... However, most set-tlers discriminated and treated the natives as slaves and blatantly grabbed land from them and denied access to resources...they just barged in... Other elders and communities chose to retreat to avoid conflict or forced compliance and lived peacefully in the mountains abandoning the coast and plains to the grateful advantage of settlers…”

Despite its agrarian potential, the 4th class municipality’s nine ba-rangaysremainpoorfarmingandfishingvillages.Amidstthenaturalscenicbackdrop, poverty and the grave social conditions of the Iraya communities aremost reflectedespeciallyduring tagkiriwior leanmonths from June toAugust. Most of the shores are populated by settlers, except in the western portions where most are Iraya communities. Its heavily quarried coasts of white quasar-like pebbles are known to traders and are major sources of local income. Before sunrise, children, parents and elders endure the cold to gather pebbles to be carried in heaps and manually screened by men to small shacks. These are separated painstakingly mostly by women into various size shapes and colours. A day of work often results to no more than two or three pails of


segregated pebbles worth less than a hundred pesos. These are carried manu-ally and hauled to a ‘batil’ or boat for transport and when bought by resort owners or pet/aquarium shops cost from P20-P300/kg relative to quality.

Other Iraya settlements are located along the peripheries of the pro-vincial road leading to the capital town of Mamburao as part of past local poli-cies of “integration” that ordered them to leave the mountains and settle in “sityos”. Those who remained in the mountains hunt and gather while tending to kaingin or slash and burn agriculture. Their crops are transported manually to general merchandising stores or lowland traders and are often bought at very low farm gate prices or as credit source. Most succumb to being cheap casual and seasonal labor force for lowlanders. They are propped for tourism and exploited during elections yet deprived of social services.

Cultural Identity, Traditional Beliefs and Land Use System

Iraya means the descendants of Apo Iraya, believed to exist in every-one and from whom everything came from. As hunters and spiritual healers, they are keen to nature’s tempo and knowledgeable of medicinal plants and healing. Their traditional healers are called ambuyan (male healers) and an-dayan (female healers) who conduct marayaw or healing. Healing practices and paraphernalia are developed thru their communion with nature. They offer chickens or gasta to appease spirits in sacred sites. For them there is lumban or immortalbeingspersonifying their first Iraya ancestors such as females - Dyaga, Bukiking, Paryak and males - Ali Tao, Alse Abang, Maburway, Aributo, Ambuwao, Saklang Awa, Arag Paa, et.al who are believed to dwell in sacred places.

The “panggunauan” are sacred waters that never run dry. It is believed that “kabangoy”ornaturalcatastropheslikefloodingwillhappenifclearwa-ter bodies or “linaw kauyaw” are offended, thus these must remain pure and clean, free from any pollutants. The “pamunggean” or sacred caves and forest areas,specificriversorrocksarerestrictedareas,hometo“gisarem” (souls of the living) and “kablag” (souls of the dead). To the Iraya, water bodies are sa-cred, and defecating in river systems is a sacrilege. It is likewise prohibited to cut trees very near rivers and headwaters.. Before entering the forest, a prayer or pagtatare is conducted to ask protection and guidance from Apo Iraya and other lagyo or spirits, using a pounded piece of bark. There is maaraprapa batay tumindeg sa Iraya or an act of stepping each foot on two leaves before entering the forest to hunt. Secrecy and homage is a must to prevent gahoy or misfortune during hunting. It is forbidden to enter burial sites in the forests for a given duration.


The kaingin cycle is their central economic activity and influentialpart of their social life, marked by various rites and rituals. Areas with imma-ture regeneration of vegetation or kalaanan mura are forbidden for kaingin. A prayer and a rite of paglalawag is done to obtain permission from Apo Iraya before clearing second growth forest with mature successions or kalaanan gurang for kaingin activities. A vine about one meter long is obtained and folded twice in half. The ends are then cut and intertwined before being half buried in the ground. The vine is then excavated after the place is restricted to be entered for weeks. If the ends of the veins rejoin and form a single loop or loops intertwined, then it’s a sign of consent from nature indicating pahi-yang or suitable for bountiful harvest. But, if the vines’ ends grew separately, then sickness, pests and even death would befall the family. Prior to planting a ritual called paminhi is conducted wherein a pole with bundle of grains is thrust in the central part of the kaingin with an elder doing the blessing rites thru chants of prayers. This emphasizes the sacredness of seeds for only the kaingin owner stands as witness. To them the productivity depends on the ritual of paminhi.

Planting is rotated with honusan or community cooperation. Rice planting is done using a bamboo pole with slit ends opposite a sharp point-ed end. The balawang or the bamboo pole used for digging produces a loud sound when it hits the ground to create a hole for planting grains. The sound of the balawang indicates the right depth of soil dug. Its echo signals invita-tion to other community members across the mountains to join the honusan. More than 5-6 varieties of rice grains are planted in a kaingin. Agronomic crops and trees are planted including banana, legumes, root crops, fruit trees, sweet sorghum, wheat, madre cacao, kaong, cacao, coffee, etc. Harvests are also done thru honusan and a ritual as thanksgiving. A fallow period of 7-15 years is then observed. Regeneration of natural vegetation is often associated with rejuvenation of the natural and spiritual energy.

These acts mirror the Iraya’s central belief that that land and resourc-es are not for a few to own or use but for those who nurture and live in accord with nature. A wild boar caught or wild honey gathered, even portions of the firstriceharvestswouldbedividedintotayok or shares allocated equitably to all community members. Any resource from nature is a gift by Apo Iraya, thus asking consent is not just physical but a spiritual communion with nature.


On Traditional Governance and Justice System and Granting of Community Consent

Scattered tribal communities or gurungan are collectively governed by elders or kuyay representing families and clans. The kuyay are chosen by age and merit to represent a clan. They regularly convene thru the leadership council or amayan. Usually the eldest and prime leader among the council is designated as the puon balayan who governs and addresses concerns among gurungan and act/s as prime adviser/s of the kuyays and its council, the ama-yan. Historically leaders are dominantly men, but Iraya women who are shy in character have rights to speak and are heard.

Interestingly, there seems to be no Iraya term equivalent to the term “law” or customary law. To them the guiding principle of life is kausunan, meaning the “whole” or the “unity”. To maintain wholeness/unity, kagaran-gan or respect/concern for others over the self is fundamental, it is their basic code of ethics. Thus, paskud or seeking permission is basic courtesy and this isobservedsoasnottocauseorinflictharmoragsakit. Those who are guilty of agsakit or dai pinaskud (to trespass or not ask permission) be it to the liv-ing or to spirits unseen, are believed to suffer illness, misfortune and even death. Thus theft, however petty it may seem such as using a bolo without proper permission or trespassing inside the homes or getting crops from the kaingin of others - are grave misconduct and are considered higher forms of agsakit and desecration of kagarangan. Thus, misdeeds such as exploitation of resources, violence between people or to animals, theft, murder, rape and grave disagreements were unheard of in the past. Abhorred traits are aggres-sivebehaviour,lying,arrogance,disrespecttoelders,inflictingharmandactsof calumny, divisive intrigues, maligning or putting malice.

Cases affecting the majority require pinaskud sa kausunan or permis-sion from the community, which is done by asking elders to facilitate com-munity consultation within their jurisdiction. Meanwhile, other Irayas from another gurungan or other IP such as those from the adjacent Alangan tribes from Mamburao and Sta. Cruz observed pinaskud sa kuyay/amayan. Exam-ples are those who plan to gather resources, exchange goods, settle relation-ship matters, seek advice, ask blessings for marriage or establish friendship among communities.

Consensus is the clear unity of the community or sai kausunan in a decision-making process or pagtukawan.Eldersareprimaryfiguresingrant-ing of consent. Although community consensus means united decision of the whole, the facilitation by the kuyay / amayan is a prerequisite. If the integ-


rity and credibility of elders are recognized by community members, they can potentially persuade or dissuade opinions on (non)granting of consent. Nonetheless, community members are generally motivated to articulate their arguments. The deliberation of consent usually involves many elders thru an assembly of community/ies called mauson pag ka Iraya tukawanan pag kuyay (gathering of everyone and of elders). All are given the right to speak and be heard and opinions are motivat-ed or “aremruman panultol, pakayo pagkaremram” (speak your mind, share your opinions). Iraya women are generally shy, but the voices and opinions of the few vocal and articulate women are heard.

Division or gaps in social relations are sources of great distress. Thus, truthfulness and fairness are basic tenets in speaking one’s mind, most espe-cially in a community assembly and decision-making processes. The integrity of mauson pag ka Iraya tukawanan pag kuyay is essential to strengthen tribal unity or anggatan kausunan. All meetings are held within the communities of primary concern. It is considered a grave offense and insult to consult the Iraya outside of their domain and trespass facilitation of elders or naw dani dumaleng sa kuyay.

The justice system of the Iraya is thru usayan/husayan sa amayan, described to be the Iraya’s jury court. To ensure harmony, any issue affect-ing harmonious community relations or collective well-being (human along with the natural environment) are confronted and settled. Simpler cases, such as misunderstanding and ill feelings among families/kins are handled thru a grievance forum in a pagtukawanan pag kuyay or meeting facilitated by an elder/s or kuyay amayan. Both sides are heard in between sharing betelnut chew or ngangawhilecommunitymembersaremadetoreflectontheshort-comings committed. This is often ended by panultol kuyay amayan or advise by the elders. However, in graver concerns such as divorce cases - “malsuway /maylaang” (usually due to incompatibility, adultery, laziness) deliberations on doti or damage payments are included in verbal agreements. Capital punish-ment is only employed to those who establish sexual relations among siblings/cousins or direct kins as they are believed to cause catastrophes. Meanwhile, the following punishments are still practiced and applied to those who caused agsakit, broke community decisions and terms accompanying consent.

Pangaw is a sort of detention cell wherein the person punished is seated on the ground with legs straightened and elevated at about 15-30 degrees. The two an-klesarethenlockedbetweentwopiecesofwoodthruaholefittedonlyforthehumanankle. This can last for a day or a week, depending on the degree of offense.


Palo is spanking or hitting the person punished using a wood stick or a rattan vine about 1 to 11/2 inch in diameter by the elders. The upper front parts and head parts are exempted. The number of hits depends on the degree of the offense. Doti or payment can be made to decrease the palo. For example a cavan of rice can be equiva-lent to reduction of one hit. Tuige is a way to decide and identify suspects of a crime. “It is our NBI” as an elder explained. This is facilitated by elders who utter prayers to call upon spirits to act as jury. It has varying degrees relative to the case. The lower form is the immer-sion of the right hand in boiling water to get a stone or coin. The higher form involves acontestonwhocouldgetaflamingredpieceofsteelorwalkthruburninghotcoals.Those who are unscathed are believed to be innocent and protected by spirits.

Figure 1. A structure for executing Pangaw , a persisting traditional punishment among the Iraya indigenous peoples in Abra de Ilog (IDPIP ST, March 2011)

Historical Interaction and Relations of Customary Laws and Local State Governance

Only elders can describe details and indigenous terms of their cus-tomary laws. Being the entry point of the province from mainland Luzon, they have been vulnerable to cultural assimilation relative to other Mangyan tribes. Although the principles and processes of community decision-making, as well as council of elders and justice system remain a practice among the Iraya, majority of them, especially the youth no longer speak their indigenous languagenorknowtheirhistory.Further,theinfluenceofoutsideworldviews


thru numerous religious sects, media, schools and interaction with lowland-ers had changed their youth. An elder sadly stated “They do not act as Iraya anymore”.

During the 1950s, the government ordered scattered and nomadic IP settlements to settle into “barrios”. As a coping mechanism, elders agreed to establish boundaries and land position among clans using the rivers as nat-ural delineation to ensure space for every clan. Some communities adopted semi-nomadic modes of living as they knew that once they leave, settlers will establish themselves for good. Thus larger communities broke down as small groups of settlements scattered on coast and plains towards the hinterlands. Their dynamics and interactions as gurungan were disrupted as they were forced to settle in sitio and sub sitios under the political jurisdiction of the lo-cal barangay units. The puon balayan and amayan/kuyay are currently called mayor with seven councilors and chosen thru community elections and have to comply with LGU policies and functions. The mayors of the Iraya represent their barangays in the municipal tribal council. They ‘govern’ over several sub-sitios’ with community elected kapitan and seven councilors each. Community leaders complain that cases involving Iraya and Damuong or settlers that are settled in the barangay, are generally biased against Irayas. There have been instancesthattheychallengedthebarangaytosettleconflictsthrutheirtradi-tionaljusticesystem,astheaggrievedpartyisanIraya.Localofficialsretortedthat the indigenous ways of settlings disputes are anti-human rights as they employ tigue and palo. Thus, above customary laws apply only to the Iraya people. Asked why, Aplake Beding, an Amayan explains: “... it is not our charac-ter to impose customary laws particularly to those whose minds and ways are too different…. “

Meanwhile, some elders expressed dismay that since Iraya officialsrepresent them in the municipal meetings, their communities and elders are no longer consulted. An example is the promotion of Mt. Malasimbo and Luyang Baga as tourist sites. The sacred mountain is a boundary of northern Oriental and Occidental Mindoro and called the “guiding sentry of Apo Iraya” over the island; while the latter is a sacred cave believed to be home to their deity ancestors Dyaga and Ali Tao. An Iraya youth observed that although most are traditional leaders, the “mayors and councilors” are “eaten up by tra-ditional politics”. Their customary laws and decision-making processes are muddled with bureaucratic and personal interests. Leadership values change and community roles are unclear as the dynamism of gurangan is eclipsed by hierarchical structures and bureaucratic relationships. The young respondent feelsthatsomecommunityleadersaresusceptibletothedictatesandinflu-ences of LGUs, NCIP and corporate interests, instead of serving the well-being


of the Irayas. This, he had witnessed when they were unwittingly made to sign a “MOA” with Agusan Petroluem Mining Corp, outside their territory, in Batan-gas last 2008.

Threat and Laments

Aplake Beding recounts a story retold over and over by their ancestors on how the Iraya people came to learn that gold is valuable for the Spanish and “damuong” or settlers. Once, a Spanish soldier on patrol almost dropped his jaw when he saw gold ores used by an Iraya couple as supporting stones for their makeshift kiln. He asked the couple for the “stones” which puzzled the Iraya. The Spanish soldier offered a ganta of salt. The couple, a bit afraid yet happy with the terms of barter accepted the salt in exchange for their ‘stone kiln’. “Walang halaga ang ginto, inaapakan lang sa pagdaan sa ilog” (Gold holds no value, it is normally trampled upon when crossing rivers). He concluded, “Wala sa kultura ng Iraya ang pagmimina...paanu maging pang katutubo eh masisira ang gubat” (Mining was never part of our culture...how would it be when forests are destroyed).

In late 1990s till 2000, the enactment of the Mining Law and IPRA law were vehemently opposed by the Mangyans and Mindoreños. Declared min-eral lands were indigenous Mangyan territories, fragile watersheds, biodiver-sity hotspots and numerous interlinked tributaries from the mid-mountain corridors and drains to the agricultural lands and river to sea outlets of the island. At that time 14 military battalions were deployed to the island out of the 29 battalions positioned in Southern Tagalog region. Undoubtedly, such armed personnel units more than securing facilities and mining investments, were used to intimidate and harass mining communities and sectors in oppo-sition. These include the Iraya peoples of Abra de Ilog who have been actively supporting the provincial wide opposition against MINDEX Crew Minerals op-erations affecting Alangan and Iraya kins in adjacent municipalities. Intimida-tion, harassment, bribery and subsequent militarization resulting to human rights violations are not alien to them.


Figure 2. Coverage of Ancestral Territories overlapping with declared ancestral domain of the Mangyans (IDPIP ST 2007)

Thus, many events of “soil sampling” like the offer of the “road builder” China Geo company to construct 15 water pumps in various indigenous com-munities last 2006 made them suspicious. They found it unusual that about two kilos of soil were collected and stored in plastic containers for every 10 ft in various sites. When asked, the soil collector replied they were testing the samples for health purposes. About a year after the incident, indigenous com-munities recalled that another series of soil sampling activities was facilitated by a personnel from San Miguel Corporation. Accordingly, the soil samples wouldbeusedtoassessifthesoilissuitableforcassavaplantations.OfficialsfromthelocalagrarianofficeandNCIPwereamongthosewhocoordinatedwith IP communities and ‘organized’ Iraya POs for the cassava plantation. Most communities were not interested in the terms offered by the company for the cassava plantation. After the soil sampling, they heard no news about the livelihood project or about the soil evaluation results.

Since the late 1990s, Abra de Ilog has been among the mining pros-pects of Agusan Petroleum and Mineral Corporation (APMC), owned by San Miguel Corporations. Last 2008, APMC was able to secure FTAA-IV-005, one of largest for exploration permit for gold, silver, copper and zinc. This covered 53,952 has encompassing IP areas within Abra de Ilog towards Puerto Galera, San Teodoro and Baco. About 46,050.6483 has or 83% of APMC’s exploration scope covers 63% Abra de Ilog’s 72,865 has land area, encompassing 8 baran-

Ang mga Miminahing Lugar sa Lupang Ninuno Mga sukat ng CADT/CALT ayon sa NCIP


gays. Majority are Iraya’s settlements, kaingin sites, sacred groves, burial sites and headwatersheds. This brings great fear as the Iraya believe that when these ecosystems of their forebears are destroyed they will “dissolve like salt” untooblivion.ToAPMC,itishighlyprobableandhugeprofits.

Within the first quarter of 2008, the localNCIP office sent out let-tersofinvitationtotriballeadersforameeting.ItwastherethatNCIPoffi-cials informed the leaders that the Agusan Petroleum and Mineral Company, owned by San Miguel Corporation was set to conduct exploration activities in their ancestral territories, if the leaders would consent. They were agitated and afraid as the gigantic shadows of the mining corporations that they ab-hor were looming over them. The threat became more real in the 2nd quarter of2008whenNCIPofficials,alongwithlocalminingcoordinatorsandsomemining representatives staged series of community assemblies attended by community members from clusters of adjacent sitios within Brgy. San Vicente, Brgy. Wawa, Brgy. Balao, Brgy. Sto. Tomas and Brgy. Udalo.

Figure 3. Mindoro Mining applications as of November 2011 from Mines and Geosciences Bureau (left) and FTAA-IV-005 coverage of APMC (right-shaded orange)


Kakawate vs. Bayabas

A respondent recounts what he witnessed in So. Apyas, the western coastal Iraya sitio where more than hundred community members were called toattendanassembly.TheNCIPofficerwhofacilitatedwasthecoordinatorofthe previous cassava plantation project, along with an engineer who intro-duced himself from Agusan Petroleum Corporation. “Inalis nila yun “mining” sa pakilala...talagang alam nila ayaw ng tao eh... Agusan Petroluem mas pakilala” (“They deleted the “mining” in the introduction...because they knew the people did not like it...they introduced instead Agusan Petroleum). They said: “Yan ika ay hindi pagmimina...pagsasample pa lang...wala naman epekto...wala kayong dapat ikabahala...”(This is not mining....just a soil sampling stage...no effects...you should not worry). The people and elders were not convinced. “...malamig ang tao...hindi nakumbinse...paanung hinde...mina din ang dulo nun...syempre may epekto...nagtanung ang iba kung paanu ang mangyayari sa kabundukan..nagkagulo na...kaya nagpapulong ulit...” (The people were cold ...unconvinced...of course there are implications...its mining after all...some asked what would happen to the mountains...there was a commotion...succeeding meetings were scheduled). They were asked to sign attendance sheets.

Another Iraya shares that NCIP held two meetings in GCFI (an Iraya community in Brgy. Balao) within the 1st and 3rd wk of April 2008. According to FGD respondents from So. Balao they recalled six facilitators, two women and four men, mostly from NCIP who persistently convinced people. A certain Monico from NCIP who they heard was from Baguio, insisted that they should consent as there is progress in mining just as the Cordillera people have ex-perienced. When the people questioned ecological consequences, he replied that the soil removed would be returned, rip-raps would be built to prevent mine tailing spills. The deliberation became heated as communities expressed doubt.

“Nagsabi pa yun Monico na maayos na ang batas ng mina...ang laki na ng nagagastos sa inyo...ano karapatan nyu...ang ID ko galing pa ng Mala-canang...eh ikaw?......kung ayaw nyo ng mina wag kayo gumamit ng galing sa mina!” (Monico even said that the mining law is good... we already spent much on you... what’s your right......my ID came from Malacanang...how about you?...if you don’t want mining, don’t use things from mining...). Some Iraya laughed at him being pissed and one joked “Ang ID ko galing pang ibang bansa...internas-yunal...” (My ID came from abroad...international...).

NCIPofficialstheninstructedpeopletovoteforadecision.“Nagkabot-ohan...dahon ang pinagamit...bayabas sa ayaw at kakawate sa gusto sa mina.


Nanalo yun ayaw... 60 yun bayabas, talo yun kakawate na 45...nagulat na lang kami pinatong yun listahan ng 20 pangalan sa pameeting nila nakaraan sa He-bron at Magnot...yun ang pinagwagaywayan nila na panalo ang kakawate...la-mang ng 5...” (There was a vote...leaves were used...guava for those not in favour and kakawate for those who favour mining. Those who were against,won... 60 were guava leaves, while kakawate had 45...we were surprised when they at-tached a list of 20 people from the past meeting in Hebron and Magnot...they proclaimed the kakawate as the winner by 5 votes...). They then discovered that their names from So.Lawaan, So. Magnot, So. Hebron were already listed since NCIP and APMC facilitators who brought food told people they need to sign attendance sheets in order to eat. An elder from the community of Magnot questioned why their name was attached to the kakawate and asserted to vote. “Nagkagulo, nagsigawan kami na hindi kami pabor at listahan lang yun ng pagkain na dala nila...sabi nila hindi na kami boboto at pumayag na kami nuon...” (There was a commotion and we shouted that we were not in favour.... our names listed were for the food they brought...they told us we could not vote since we previously consented...)

The people were angry. “Tinanong nga kami pero di kami pinakinggan” (They asked us but our answers were not heard). “Kumalat na ang balita...hindi kami makapaniwala na haharapin namin ang korporasyon...agresibo...kahit ayaw... gagawin ang lahat para mag-oo...”(News spread...we could not believe that we would face a corporation...aggressive...even though we refused.....would do anything for us to consent...). “Matapos nagkahati-hati na ang mga tao...in-aalam sino ang nagboto ng bayabas o kakawate...kahit mag-anak nagtatalo...” (After the incident, people were divided...wanted to know who voted kakawate or bayabas...even families argued). A few weeks after the incident, a succeeding meeting was held in Brgy. Udalo where NCIP and APMC representatives told Iraya community members and leaders, “sabihin nyu kung anu ang kailangan at yan ay tutugunan...” (Tell us what you need and we will grant it). Meantime, theNCIPandlocalOfficeofMangyanAffairs(OMA)thruthesamecoordinatorof the past cassava plantation project was able to convince a handful of elders to approve mining, so APMC could fund delineation of ancestral domain for theprocessingofCADT.DuringthismeetinganAPMCofficialtoldtheleaderstoprepareforthe‘finalmeeting’inCalapan,OrientalMindoro.

MOA signing in Batangas : A Blatant Ploy

Accordingtotworespondents,itwaswithinthefirstweekofJunethatNCIP called an assembly at the pier of Abra de Ilog. The Irayas had no idea that the ‘finalmeeting’would takeplaceoutsideofMindoro.Asmoral support,they accompanied their uncle who was an elder in an Iraya community. NCIP


officialsusheredandpaidfortheboatfareof60IrayasfromAbradeIlogtoBatangas port. Only when they were already on board did NCIP announce that they were headed to Batangas. “Natakot kami...panu pa kami babalik...” (We were scared...how can we go back...). It was supper time when they reached TinggaLabac,BatangasCity. NCIPofficialsoffered themdinner in theres-taurant and grouped them according to communities before sending them to their rooms. No was able to sleep well. They felt anxious, some feared that they would not be able to return. “Ang isang lalake mawalay ng isang araw sa pamilya...parang isang taong nawala sa pugad isang taon...hindi kami sanay...” (A man away from his family for a day...seems away for a year from his nest...we are not used to this...).

The next day was unforgettable. Less than 10 elders acted as speakers in a heated debate with APMC panel who were imposing that they sign a Min-ing MOA. “Nagkakagulo...1 milyon daw yun ipopondo nila... ...hindi magkasun-do...talagang nagalit na un taga Agusan...nagsigaw na ‘lalaki ba kayong kau-sap...nakatayo,nakahawak sa bulsa ng pitaka...anu pa bang gusto ninyo?!... ang laki na ng gastos namin sa inyo!...nagulat yun mga katutubo...” (There was an argument...they said they would fund us 1 million...no agreement came up...the Agusan officer became very angry and raised his voice ‘are you men enough to talk with?...he stood up, held his pocke with a wallet...’what else do you want?!..we already spent a huge amount on you!...the natives were stunned...) A recess was held to cool the atmosphere. The Iraya held a consultation outside the room. The eldest who was a member of SAKAMAIMO (an inter-tribal federa-tion of Mangyans in Occidental Mindoro supported by the Catholic church and aims CADT acquisition) advised to negotiate for 3 million pesos wherein a portion be allotted for the delineation of ancestral domain for CADT process-ing. “Marami talaga ang ayaw...pero takot na din kaya napapirma...saka nag-salita na ang matanda” (Many did not really approve...but they signed because they were afraid...plus, the elder had spoken). They added: “Sabi ng NCIP pu-mayag na para makabalik na daw kami...”(NCIP officials coached us to consent so we could return...). The communities were then required to submit “educa-tion, health and livelihood proposals” as basis for the gradual disbursement of 2.4 million pesos project fund for 2008-2009.

Meanwhile 600 thousand pesos would be allocated for the delineation of ancestral domain for CADT processing.

These further enraged other Iraya communities who questioned the validity of the MOA signing held in Batangas. “Aanhin naming ang pera kung masisira ang gubat...sa dami ng pamayanan, ang binibigay nila ay kulang pa sa asin” (What would we do with money if the forests are destroyed...the Iraya


communities are numerous, the money they’re offering isn’t even enough for salt). To date there are about 52 scattered Iraya communities in Abra de Ilog excluding remote Iraya communities in the interiors covered by APMC FTAA application. Indeed if 3 million pesos were divided among the estimated Iraya population of 9,000 based on municipal records, each individual will receive about P333 only. Further the MOA was not notarized, date of the signing was not even stated and the communities attest that they were not genuinely represented as most elders and leaders were not informed. Moreover, it was against their will and customary laws to consent to deliberations and agree-ments outside of their domain.

Brewing Conflicts, Boiling Dissent

Despite the blatant anomalies and boiling dissent, the NCIP officereleased last July 23, 2008 a Compliance Certificate of FPIC (Control No.CCRIV-08-05-142)toAbradeIlog’sMunicipalMayor’soffice(whichreceivedit last August 5, 2008). The transmittal stated that Agusan Petroleum and Min-eral Corporation satisfactorily complied with the procedures and processes fortheissuanceofCertificatedPreconditionandFPICinconnectionwithitsexploration phase of FTAA-IV-005 located in Abra de Ilog, Occidental Mind-oro. Further, it states that under NCIP En Banc Resolution No. 247, Series of 2008datedMay27,2008,theCommissionapprovedtheCertificatePrecondi-tion which is subject to the following terms and conditions embodied in the Memorandum of Agreement entered into and executed between APMC and Iraya communities of Abra de Ilog.

Conflictsbetweenpro-miningandCADTdelineation,anti-mining-proCADT delineation, anti-mining and anti-CADT delineation broke out after the Batangas incident. “Nahahati na ang mga tao...nadadala yun iba sa pangako...pag hindi pumayag hindi daw makikinabang..pero kami ayaw talaga”(The peo-ple were divided...others were swayed by the promises...some feared that those who oppose may not benefit..but we really disapprove). Bribery and corrup-tioncasesamong IP localofficials to supportminingbreddistrustandop-portunism within the Iraya leaderships. A ‘kapitan’ and traditional kuyay in So. Pambuhan felt his political popularity was threatened and even detained for pangaw a community member who criticized his pro-mining stance. These stirred controversy as pangaw as a traditional punishment should not be used for self-serving political ends. Simultaneously, the local NCIP coordinator or-ganized Samahan Puro Kuyayoran “associationof Irayaelders”as the flagbearer of pro-mining related activities. The Samahan Puro Kuyay headed by the elders who initiated signing of the MOA with APMC, passed a local resolu-tion for Minahang Bayan to promote “community partnership in mining ac-


tivities”. Such events resulted to further division between Iraya leaders and community members.

However, many of those who signed the MOA drafted petitions re-voking their signatures, exposed the anomalies of the FPIC processes and expressed disappointment over the elders who accommodated the mining agreement. Anti-mining organizing and education were undertaken, reunit-ing the progressive leaders and anti-mining communities into an Iraya tribal organization–Mal-AnggatanAgpasa-eIraya(MAMI)lastJune2008.Asare-sponse to the violations of APMC of their rights to genuine FPIC process, MAMI continued to join hands with their Mangyan kins from across the island to de-nounce mining aggression. Thru vigorous education campaign, MAMI pushed forth a petition-resolution signed by more than a thousand Iraya members. The APMC-brewed Minahang Bayan resolution was overran by anti-mining resolutions from various communities which prompted support from the municipal government against APMC exploration activities, and declared the FPIC process anomalous.

From 2008-2009, municipal organizations of the Iraya tribe were formed including the municipal Iraya tribal organization of Abra de Ilog. Like-wise, the island wide inter-tribal federation of Hanunuo, Gubatnon, Iraya, Bangon, Buhid, Alangan and Tadyawan, known as HAGIBBAT-Mangyan Min-dorowasformed.SinceApril2008theircallisreaffirmedintheannualcon-duct of Mangyan Festival in line with the commemoration of Earth Month and Ecumenical Tribal Filipinos Week.

The Mangyan Festival 2010 was held in So. GCFI, Brgy. Balao. The Mangyan Agenda was drafted and a ritual to drive the evils of mining was con-ducted. After the gathering, military men interrogated the Mangyan leaders who opposed mining. They were accused of gathering and delivering sacks of rice for ‘rebels’, which the leaders vehemently denied and explained that those were donations of advocates and eaten for the event. The succeeding MangyanDay2011heldinSo.Magnot,Brgy.BalaoandthefirsteverMang-yan island-wide cultural caravan, once more proved to be an effective avenue for advocacy, education campaign on mining and the Mangyan peoples’ eco-cultural defense stance. Despite intrusions of fully armed military person-nel at the site, the activity was attended by almost a thousand participants, a hundred of whom were non-IPs and advocates. This served as a venue for IP rights and issues sharing-discussion, cultural sharing and solidarity, Radio Tribo, promotion of Mangyan IP Agenda, IP forum-dialogue with government officialsandMangyanleadersandcommunities,andsigningoftheMangyanALARM (Ancestral Lands at Risk of Mining) Declaration. Right after the event,


Iraya leaders experienced military interogation and intimidation. A series of dialogues followed, expressing community condemnation of APMC, FPIC anomalies and military harassments. This and strong support of local media alarmed pro-mining Iraya leaders and the mining company.

Currently, APMC is renewing their FTAA application, and another FPIC process might follow suit. According to MAMI leaders, pro-mining leaders and organizations who gained from the mining money are aggressive in per-suading communities. Due to poverty, they know more community members would be swayed for self-gain than uphold collective welfare. Challenges still lie ahead for them to further educate and unify in defense of their rights and land. The mining company is powerful and they would bribe leaders and of-fer promises, so how would they face it? Aplake Beding’s reply “Ang lupa ang pinakamahalaga sa amin…dun ang aming kalayaan” (The land is the most im-portant for us…it defines our freedom). Thusinchorus,theyaffirmthattheirstruggle to defend their land and rights continues.

Figure 4. MAMI Congress held within the compound of Abra de Ilog Municipal building with support from non-IP locals last June 2008 (left);HAGIBBAT-Mangyan Mindoro Congress and leader’s oathtaking last 2009 (middle); 1st Mangyan Festival 2010 held in So. GCFI, Brgy. Balao (right)

B. The Palaw-an indigenous peoples of Sofronio Espanola

Palawan, the largest province in the Philippines has a total area of 1,489,655 has and occupies 5% of the national territory. The impact of devel-opment aggression on food security has become more pronounced in Pala-wan, particularly on the indigenous people in the south. Amidst international promotion to boost local ecotourism, this cradle of cultural and ecological di-versity faces threat as more than 600,000 has are currently covered by vari-ous mining operations, while 200,000 has were open for plantations.


The municipality of Sofronio Española in southern Palawan was for-mer Brgy. Pulot of Brookes Point. It was named after a former provincial rep-resentative and declared an independent municipality with its nine baran-gays in 1994 thru the endorsement of the local ruling political dynasties. Its total land area of 47,391 hectares comprises portions of Mt. Mantalingahan range,wideplainstraversedbynumerousriversflowingtowardsanocean.Indigenous Palaw-an population is estimated to comprise more than 25 % of current 26,801 people including majority of Bisaya and Muslims. Disag-gregated data is lacking concerning IPs in the area including information on other remote communities of Palaw-an kin, the Ke-nuy and Tau’t Bato in the mountain interiors. Due to traumatic experiences of war, discrimination and violence, these communities have refrained from contact with lowlanders since the pre-war era. However, they are believed to maintain secretive com-munication and barter relations with few Palaw-an friends.

On Heroes, Customary Laws and Beliefs

The pristine and resource laden ancestral abode of the Palaw-an in-digenousgroupwasfirsteyedforconquestbyMoropirates inpre-colonialtimes. In a tultol or traditional story sharing, a traditional leader or panglima recounts the historical battle on the coast of Maragan, which means “crimson red.” According to legend, the coast turned red with blood of their valiant fore-bearswho, indefianceagainstbeingenslaved,engaged in ferociousbattlesagainst the Moro pirates or the bangingi. It was said that legendary hero war-rior Gurdam, as a child fought off the pirates using an indigenous poisonous weapon called supok. Years after his disappearance into Mt. Mantanlingahan, Tambuyong, came out from the same sacred mountains and led a battle that sealed victory against the Moro enemies. After the battle, he declared peace and disappeared back once more into the mountains. Truce among Moros led to more peaceful coexistence especially when descendants of those captured and brought as slaves to Mindanao were able to return to Palawan.

Oral history passed on until today explains why for the Palaw-an, the entire mountains or kagegban, with the virgin forests or geba, with its rivers, trees and most specially rocks and caves –are dwelling abodes or banua of unseen immortal spirits or taglugar. The spirits who are believed to be their ancestors are like the living who roam the environment and engage in every-day hunting, gathering and even festivities. These areas which are considered sacred or leonen are respected and treated with care or pasamol in order not to displease higher deities who serve as guardians or the diwata. Disrespect will result to sabid / tingkon / surapan (punishment of misfortune usually by unexplained sickness) or even bangon biag (death). A ritual of healing to


communicate with angered dieties or pagdidiwata is done by chosen spiritual healers who are likewise advisers to traditional leaders. Knowledge in tradi-tional healing is a secret and discreetly conducted. According to elders, deities choose people to be bestowed with healing abilities thru “tests” of nature. A halad or offering in the form of slaughtered animal relative to the offense, usu-ally accompanies healing rituals.

Indigenous cultural heritage or Kaunda-undangan tagna encompass-es customary laws or the Sara et Palaw-an, a term nearer to “truth” and in-terpreted as orally transmitted “laws”. These are observed to maintain strong collective life describing Palaw-an as a people with one heartbeat, stemming from one origin and working towards further unison or pinagtibukan. These are guided by traditional values or Adat et Palaw-an which bestow primary importance to harmony and balance with the self, society and nature. This fundamental unison or intercommunion or the Kaunda-undangan means “wholeness” or “encompassing pinnacle of collective being”. Interestingly, it is also a term equivalent to cultural identity, to nature and life.

On Relations to Nature, Resource Use and Rituals

The Palaw-an treats the earth as living, undivided by time and shared by both physical and metaphysical entities. This is mirrored in the rites and rituals that accompany the course of their economic life. Thus, there is always ongsud or rituals done to pasuwed et kalikasan or to ask permission from na-ture. Opening of uma or kaingin is allowed only in second-growth forests or bunglay. This is marked by egba, a ritual almost similar to paglalawag done by the Iraya to serve as sign that the site is suitable and nature has consent. Hav-ing a bad dream like crying over rocks or death, is a good omen signifying that the chosen uma would bring good harvest. On the other hand, dreaming of be-ing happy, like laughing while digging up a well, signals bad luck and death if the uma is opened. The messages of the spirits come thru dreams and are be-lieved to have bearing on whether a family or the community should proceed or not with resource extraction like clearing of forest for uma. The rituals and beliefs in dreams as message channels emphasize the importance of pasuwed or asking of permission to the physical and metaphysical neighbors as factors considered in decision-making and granting of consent.

The uyogan or cooperative labor rotates during the planting season or panggasan across individual kaingin. A community member who is able to facilitate productivity by encouraging cooperation earns positive esteem and strengthens collective life and raises leadership status. Most of the men use poles to create holes or tugda, while women and children drop the grains


or sasad.Beforesunrise,theworkisfinishedandpeopleresttoeatandchat.The uyogan is also a social venue to exchange stories or the tultol and narrate an event thru a song like the yaya, as the host offers sigep (tobacco), mama (betelnut chew) and tabad (rice wine). This is repeated until everyone had contributed to the planting of everyone’s individual kaingin.

Interestingly, various kinds of songs/chants with specific melodiesare modes of communication to ask and convey consent. The kasumba is of-ten used to introduce oneself or an objective of visit. The lantige and anibong are used in courtship or asking the hand of a maiden for marriage from her parents. This is done by a token gift of salapa, a bronze décor box with prized tabacco and betelnut chew. The diday signifieswelcomeand/orfriendshipamong new acquaintances. The paripid is used when a person asks a favour. The decision of consent is also conveyed thru the same melodies used in ask-ing. The sharing of tabad, sigep and mama are signs of positive responses.

The Palaw-an believes that everybody has a right to partake in nature for resources are communal or pangasip. Thus, traditional pest management respects the rights of even the rat and the bugs. The owner of the uma believes that using poison or harming the rats or bugs would only anger them and thus attack his plants. Various types of ubat dut uma or rite/prayer of protection are done. During the ritual period, no one is allowed to enter the kaingin in or-der for the ubat or “prayer for protection” to take effect. Ritual paraphernalias such as a pole with tied feather (against wilting) or intersecting coconut palm leaves (against rat infestation) are erected in the corner of the uma to serve as “no entry” symbols.

The ubat also means “healing prayer” or blessing rituals. A paturo or sign such as a post with a leaf in front of a house, means that there is a sick person in the process of recuperating thru the aid of a ritual. Talking to the sick or even going inside the patient’s room is prohibited. A patudo or a bro-ken wood in the middle of a trail is a sign that a procession passed by, carrying a dead person for burial in secret areas in the forest. Burial sites are forbidden to be entered. The death or misfortune is also signalled by a type of sound from the beating of the agong (gong). Thus, forest sites, sacred grave areas, production areas under ubat are important considerations in (non)/ granting of consent.

Whilewaitingforharvest,Palaw-anpeopleengageinfishing,huntingorgathering.Whenfishingorgatheringofediblesontheseashore,itisacom-mon practice to pour portion of rice into the sea before eating. The sampan or an offering ritual to the sea is also done to thank and ask for protection.


Glutinous rice molded into molmol (bread) with purad (a sort of yeast) and pulot (honey) is offered by the seashore while in trance of prayers. Such offer-ings are also done as homage before entering the forest to hunt, gather resin or bagtik, cut a tree or collect rattan vines or uway. Prayers of paswed or to excuse or ask permission to the spirits are also uttered.

The banuaofPalaw-an,arespaciouswith5to12layersofflooreleva-tion. The tribal halls where meetings and prayer or dance rituals are held are also known as kelan banua or big house. Traditional leaders and each clan often build big structures, aside from their abodes in the mountains along the uma and near the sea. Before building any structure in a place such as a house or tribal meeting hall or house of prayer, a ritual of nangnangan is conducted as means of asking consent from nature and guidance from spirits. This is con-ducted by the head/elder of the family who plans to establish the structure. A line is drawn in the planned parameter of the house. Grains of rice symbol-izing members of the family are arranged closed together in the middle, which is then covered with a tuay shell and topped by a bowl- shaped coconut shell. A prayer is uttered and the owners look forward to answers through their dreams of symbolic events. Dreams are believed to contain messages signify-ing omens. The morning after, the coconut shell and shell covering the grains of rice are removed. If the grains remain intact in close arrangement, it means that the establishment of major post can proceed. If the grains are separated from each other, it means death or sickness in the family and that the area is leonon, and the dwelling spirits refuse to be disturbed. Meetings involving de-cision-making are traditionally held within the kelan banua and are presided by traditional leaders. It is an insult to decide community affairs outside of the kelan banua of concerned leaders, clans and community members.

On Traditional Governance, Justice System and Granting of community consent

The customary laws and code of ethics or sara are implicit and practi-cally observed and passed down generations thru social interactions within their basic political jurisdiction, called rurungan. A cluster of rurungan usu-ally comprised of major clans is called inandinan. Engagement in various modes of cooperation or tabang-tabangan within these clusters is termed as panagtipunan. The Panglimaistheprimeleadershipfigurealongwithothertraditional leaderswithdefinitecommunityroles thatcollectivelygovernarurungan. Traditional leadership criteria include bloodline and merits such as courage, credibility, integrity, ability to articulate history and exercise cultural knowledge, influencewise judgementandjustsettlementofdisputes.Theyact as jury, handle community affairs and curb outright entry of outsiders.


Before allowing any commercial transactions like rungsud or barter, the Pangara, a traditional leader serves as initial negotiator to inquire of the visitors’ purpose and ensure fair trade. The Arungcaya on the other hand is responsible in weighing and comparing values of merchantiles/products and drafting terms of agreements. The Maradya is the right hand of the Pangli-maandprimarilyfacilitatestheinvestigationandsettlementofconflictsandcases.Amongthemostcommoncaseshandledareconflictsamongfamilies,damage to properties, trespassing or pagbutas (divorce) or arrangement of pagduwadway (bigamy). These usually involve paying settlements or ung-sudan. Those responsible for the offense are obliged to ask forgiveness from the community and the offended party as elders employ pitwan or declara-tion of warnings and advice. However, cases like theft, illicit sexual relations, grave harassment/injury and murder mean higher forms of punishment. This could range from ugaden (banishment) and even bangon biag (death) usu-ally executed by the Pangandalen. The Maradya also give directives to Pan-gandalen whose tasks and identity are known only to the panglima/maradya. The pangandalen serve as spies, secret police / detectives or even as assassin. They handle sensitive cases with implications to internal security and secret execution of capital punishment. Proving innocence or guilt among suspects or warring parties is done thru the magkuw’at ti yeala or a challenge of who could immerse their hand in boiling water to get a stone or a red hot iron from burning coals. It is believed that the unscathed is innocent since he/she is protected by the spirits.

Community consensus means united decision of the whole. The voice of every member of the community is valued, regardless of gender and age. The young, particularly those who have promising traits of a next generation leader are encouraged to actively participate. The “court” which is a meet-ing facilitated by traditional elders to deliberate cases with the whole com-munity involved is called ukuman done in a kelan banua. This is where com-plaints or problems are brought to attention or idatonggep. This is also where the panglima oresents the initially conveyed objectives of outsiders for the community to decide. It is also the main venue of community deliberation or pagturturan in order to reach a decision or nakum. According to an elder, they are critical, not fussy people. A meeting of ukuman usually consumes half a day relative to the agenda. If a minority or even just a single person opposes or is not resolved, he is heard and given time to rethink his position against the judgement of the majority or pinagsurutan damo. A grace period granted for reconsiderations of positions is granted. This can be two-days or even two moons, relative to the implications of the decisions to be made. With the belief that dreams are messages conveyed by nature/spirits to guide their decisions, some elders even wait for these signs. After the waiting or tugayen, a com-


munity consultation is held again. Depending on the ability to persuade and justify arguments, community decisions could take pivotal turns. Community decisions or granting of consent is marked by the offering of chickens or a pig, depending on the case and a ritual of offering or halad. Everyone from each partyisexpectedtohonourdecisions/agreementsifthesearealreadyratifiedby the whole. Most of the decisions are verbal exchanges.

However, if an elder or any group observed fallacies after the deci-sions were made or is in the midst of execution, they have a right to request for another consultation to present counter-arguments to the decision. Re-voked decisions/consent or the raugketan okuman are allowed especially if arguments are valid and better alternatives or resolutions are reached.

Historical Interaction and Relations of Customary Laws and Local State Governance

These processes of ukuman were actively practiced in their past in-teractions with Moro or Bisayan settlers who wished to settle and establish uma, create trade relations or barter rangsud, exchange seeds, join modes of economic cooperation or gather resources in their domain. However, similar to the experiences of the Iraya, encroachment of settlers and imposition of various state policies have fragmented the Palaw-an territories and weakened the traditional structures that facilitate practice of customary laws.

Currently the rurungan has been eroded by the barangay governance system.Influxofsettlersincreasedinthelate1960saftertheconstructionofthe provincial road traversing Brookes’ Point to other municipalities of South-ern Palawan. Traditional leaders were appointed as “chieftain” by the then Of-ficeofSouthernCulturalCommunitiesorOSCCwithoutfollowingthecustom-ary laws and rites of the Palaw-an. Some were organized or voted by fellow ‘chieftains’. Many of those appointed were not descendants from Panglima bloodline and not knowledgeable of local history, customary laws, facilitation of okuman and various rites. The community saw the chieftains as arrogant and acted as watchdogs of the OSSC that facilitated the entry of mining com-panies.

Thru time, traditional governance became adulterated and the Palaw-an rarely had a voice in local decision-making processes. The genuine pan-glima’s voice was endorsed by communities but disregarded by the local government. This triggered worsening issues of landgrabbing and violence, particularly the Moros and Bisaya settlers who eyed vast tracts of upland, plains and coastal areas. Consequently, ethnic kins Ke-nuy and Tau’t-Bato re-


treated further to the hinterlands. Some Palaw-an families became farm work-ersandtenantsinthecoconutplantationsandricefieldsoflandedpeasantsand absentee landlords.

After a few years the entry of the Olympic Mines and Development wasendorsedbythelocalgovernmentofficials.Inthelaterpartof1990s,theleaders and locals actively opposed the operation of Palawan Hill Cement that threatened the sacred mountain of Sarog, believed to be the abode of their firstancestors.OneofthefewremainingelderssaythatPalaw-anscriptsareengraved within its caves. Inter-tribal district rallies, dialogues and petitions were held, some even joined protest-dialogues at the national level. Presently, the Palawan Hill Cement has taken over for its operations more than 10 has of productive kaingin areas of some Palaw-ancommunities.

In 2005, Platinum Group Metals Corporation ‘bought the mining rights’ from Olympic Mines and conducted series of FPIC consultations till 2006. However during these ‘consultations’, the NCIP coordinated with the chieftains instead of the communities. Most of the chieftains were reported tobepro-miningandbenefited fromthecompanies.Communitymembers,numbering less than a hundred, including non-IPs from the designated min-ing impact areas –Punang, Labog, Pulot Shore, Pulot Center had no idea of the assembly’sagenda.NCIPofficials,localbarangayofficialsandthemunicipalmayor (Acoy Cho) were vocally convincing people to consent to mining opera-tions. A local Palaw-an leader and former barangay councilor shares, “ Pinata-wag yung mga tao, hinakot papunta sa sentro...syempre mga tao walang alam...nasunod ang dikta ng NCIP sa mga chieftain...and ginawa nila boto-botohan...naglagay ng straw sa gitna ng mga tao para sa yes or no...yung mas marami sinabi yun na ang yes...ang sinabi pa nun NCIP na si Rico Sanga na ‘yan yun hindi nag-yes hindi makinabang...” (They summoned the people and were brought to town...the people were clueless...the chiefs followed the NCIP’s dictates...they put it on votation...they put a straw at the center of the people for yes or no...where there were more people, they said that was for “yes”... and Rico Senga from NCIP said that those who did not vote for “yes” will not benefit...”) The mining engi-neerandNCIPofficersalongwithlocalofficialsretortedwhenheraisedhishand to speak. “Sabi nila na wala akong karapatan magsalita...nasa POs ako...ang pinasalita ay Chieftain nila...ay payag, pro-mining talaga yan...pinasakay pa yan sa eroplano...pinapunta sa Manila...binigyan ng pera...kinumbinsi niya yun mga tao, pinakinggan sya at mas matanda kaysa sa akin...” (They said I had no right to speak....I belong to a PO...they let the Chieftain speak...he was pro-mining anyway...they sponsored his air travel to Manila...he was given money...he persuaded the people who believed him since he was an elder...)


The PGMC small scale mining application covered 20 has within Mt. Gimbalen. A road was built from the mountains towards a coastal area in Brgy. Punangforthebargeport.AfteraheatedconflictwithPGMC,theMineralPro-duction Sharing Agreement (MPSA) permit was issued to Citinickel Mining Corporation in 2007. Without the knowledge of the community and Palaw-an traditional leaders, Citinickel Mining Corporation conducted soil sampling andenvironmentalprofilingwithinMt.Gimbalen.Therespondentwasaskedby the baranggay captain to accompany the ‘researchers’ “Dalawang van sila...napasama ako sa soil sampling, narinig ko yun engineer sa cellphone...taga Cit-inickel pala...hindi na ako sumama sa sunod na araw...nagalit ako kay Kapitan, sabi ko andaya bakit di nya sinabi na taga mining...anu na lang ang sasabihin ng mga katutubo, alam nila na laban ako sa mina...tumawa sya at sabing ‘ayaw mu yun, nagkapera ka’...sabi ko hindi ko kailangan ng pera” (There were two vans...I was tasked to accompany in the soil sampling, I heard tha engineer talk-ing on the cellphone...he was from Citinickel...I did not go the following day...I was furious at Kapitan, I said it was unfair that he did not disclose that the peo-ple were from a mining company...what would the natives say, they know that I am against mining...he just laughed ‘Don’t you like it, now you have money’...I re-plied that I don’t need the money). Afterwards, a baranggay session with Citin-ickel Mining Corporation personnels was arbitrarily held. “Inendorso nila yun mina lahat...hindi ako pumirma...hindi din ako kumain ng pameryenda...sabi ko hindi yan alam ng mga katutubo...nainis sa akin si Kapitan....bahala sila...” (All of them endorsed the mining company...I did not sign...I also did not eat the snacks they prepared...I told them the IP communities were not consulted...the Captain was furious...I do not care).

According to community respondent, many complained to the local officialsandthecompanyafterthis‘endorsement’.TheyweretoldthatCitin-ickel had already bought mining rights and there was no need for an FPIC pro-cess since a consultation with the barangay was conducted. Instead, Citinickel offered a MOA highlighting the 1% share of communities from the mining rev-enue and other livelihood projects. Despite evident absence of genuine rep-resentationandFPICprocess,theNCIPandthelocalmunicipalofficeupheldthe MOA drafted by Citinickel Mining Corporation and signed by a handful of pro-mining chieftains and traditional leaders.

In 2010, the Pinagtibukan Kaundaundangan et Palaw-an (PKP), a pro-vincial tribal federation was organized. This strengthened the resolve of the Palaw-ancommunitiestoorganizethemselves,fileacomplainttoCitinickelMining Corporation and assert conduct of a genuine FPIC process.


They likewise asserted that customary laws be respected, particularly with regards Mt. Gimbalen as it is a sacred mountain and a valuable source of traditional medicinal plants where agricultural production among the IPs was prohibited.

Since May 2011, Citinickel Mining Corporation has been shipping out severalloadsofprofitablehighgradenickel.Meanwhile,localfarmersandIPsare observing ecological impacts such as siltation, erosion and increased inci-dence of pest infestation attributed to the clearing of almost 200 has of forest areas. Despite its claim of being a small-scale mining operation, numerous 10 wheeler trucks haul loads of red soil thru the day, then a huge ship or barge would collect these. In interviews, mine workers said they use digging ma-chines,officesarebeingestablished,andarmedsecurityforcesaredeployedwithinthearea.Thecurrentcontractorfortheconstructionofofficesandfa-cilities within the mining site is the former municipal mayor who previously endorsed PGMC. Most of the mineworkers are not locals.

Similar to Mindoro, Palawan is a prime energy and mineral resources site and its peoples are threatened by mining interests and militarization has rendered the IPs most vulnerable. Among the staunch environmental and hu-man rights activists and advocates who were slain were Abe Sungit, a Palaw-an, and Pastor Raul Domino, both human rights leaders in Southern Palawan and killed last 2005. The journalist and doctor Gerry Ortega exposed the mul-ti-billion Malampaya scams and was likewise gunned to silence in 2010. Abe Sungit’s brother and IP leader Ravenio Sungit also an anti-mining activist was the most recent martyr. The community respondents admitted they are affect-ed by these acts of terrorism since justice remains elusive and it is a general truth that prime suspects belong to powerful elites. Nonetheless, broaden-ing advocacy campaign against mining in Palawan has lifted their spirits and hopes, they know they have to collectively defend their environment – their lifeline.

Displaced and Divided by Oil Palms

The local enactment of Biofuels Act of 2006 (RA9367) was vigorously endorsed by powerful elites of Palawan as the next agro-fuel plantation pros-pect. In 2008, the Palawan Palm Oil Industry Development Council was estab-lished, headed by local landlords and ruling political elites who had earlier invested in cassava and jathropa plantations in the north and central Palawan. Among the member agencies are the Philippine Coconut Authority, Depart-ment of Agriculture, Department of Agrarian Reform, Department of Envi-ronment and Natural Resources, National Commission on Indigenous People,


Palawan Council for Sustainable Development, and the Provincial Cooperative Office.Oneofitslargestagro-fuelprojectistheestablishmentandconversionof 20,000 has of land in the eight municipalities in the south promising 10,000 jobs as plantation workers.

The Agusan Plantation Inc. Philippines (AGUMILL Inc) contributed half of the 1.5 B pesos needed for oil palm plantation establishment in the firstsevenyears,whilehalfcamefromLandBank.AGUMILLIncownsoilpalmplantationsinMindanaoandthefirsttoinvest432MpesosinsouthernPala-wan thru its partnership with Palawan Palm & Vegetable Oil Mill. It plans to buy 217 M pesos worth of oil palm products, 70% of which will be exported to China, Malaysia and Singapore. In 2005, an oil palm nursery was established on an initial area of 46 has in the adjacent municipality of Brookes Point. It later expanded to 5,000 has in various nursery areas for planting of 602,000 oil palm seedlings. It targets to establish a 3,600 has oil palm plantation from 2007to2016.ThefirstphaseinBrookesPoint(950has)expandedtoabout2,700 has, in Española and Quezon for the second (2009-2011) till fourth phase (2012-2016). This makes AGUMILL one of the largest investors in the south, along with other companies such as CAVDEAL and a certain Sunrise Corporation.

Oil Palm Plantation.

Since 2005, local farmers have been convincing IPs and non-IPs to lease their land or become oil palm contract growers in Española. A hectare of land would be paid P500-1,500/year, a source of income for many settlers


and IP families who acquired CLOA. Aside from leasing contracts, small farm-ers were convinced to form a cooperative in 2005 so they can apply for a loan from Landbank to be outgrowers.

About 300 families belong to the four oil palm cooperatives of Sofro-nio Española. According to the leader of the TAPISAN Coop from Pulot Inte-rior. they acquired a 37 M peso loan from Land Bank to be used in funding the establishment of a 250 has oil palm plantation estimated to be planted to 30,000 oil palm saplings with a maintainance cost of almost 144,000 pesos per hectare. Their cooperative has 60 members from 12 families who were evalu-ated and trained in cooperative management thru the Cooperative Develop-ment Authority – Department of Agriculture and Land Bank. Asked about the terms of agreement and their land title, she said all they had were CLOA and portions of land “bought” from the Palaw-an communities and the bank took their land documents for “safekeeping”. Currently they have casual 30 oil palm plantation workers, mostly non-IPs that they pay P150/ day. Heavy sacks of oil palm seedlings are seen carried on the backs of seasonal workers who plant these in a square meter hole in the uplands to replace dead saplings. They are paid P15/tree for this painstaking work. Most of them are non-IPs andpoorsettlers.Meanwhile,localconflictsarebrewingasPalaw-anfamiliesattestthatsettlershavegrabbedtheirlandsandincludedsignificantportionsof their indigenous territories for CLOA and Land Title applications to meet the requirements for bank loans.

Coconut tree infected with disease.


A panglima, teary eyed in anger laments “They have disregarded us…they entered without consent…and grabbed our land…how can we prepare fire for kaingin clearing…they are even the ones angry and would fine us if we burn an oil palm plant…they cleared the forests…even the bees that pollinate our rice plants are gone…they say it’s for 30 years...what’s left for us? The land is al-ready destroyed”. Meanwhile, pest infestations have wreaked havoc on numer-ous coconut plantations in the southern municipalities of Palawan. A Palaw-an in Brgy. Pulot Interior, who is also a coconut tenant exclaims “Before we were able to harvest 3,000 nuts, now only 800-1,000 nuts are harvested since oil palms carpeted the mountains and adjacent areas…more than a hundred trees in my area died, even the coconut seedlings I collected for replacement are wilt-ing” This is attributed by the locals to the widespread chemical pesticides and fertilizers that drove the pests from oil plantations to adjacent coconut farms.

Pests found in a coconut tree from Palm oil.

Widespread land conversion for mines and oil palms translates to forestclearings,economicdisplacement,communityconflicts, lossofbiodi-versity and decreased food production. This violates IP rights and threatens food security not just of IPs but of the peasant settlers as well. According to plantation workers’ estimations, about 6,000 has have already been planted in southern Palawan including more than 2000 has in Española excluding expansion areas. If unhampered, a bleak future awaits numerous indigenous groups including the Ke-nuy, Tau’t-Bato, and Palaw-an within the slope and foot of Mt. Mantalingahan, declared a protected key biodiversity area.


No FPIC had ever been conducted. Asked if they heard of FPIC and IPRA, a Panglima replied “I do not know those laws...no one had explained those to us...no one ever comes...but they should have asked consent from us...our an-cestors have been here long before they were born...this is really depressing...”. An elders’ wife added “we want the land back...how can we proceed to kaingin production...it’s impossible to uproot those numerous huge oil palms...I do not know what to do...they have no respect and have disregarded us.”

C. Insights and Challenges

The Iraya of Mindoro and Palaw-an of South Palawan are different peo-ples who share the same history of their indigenous kins around the world. Environmental plunder that feeds power and wealth is equivalent to irrevo-cable cultural loss, fragmentation and disempowerment of indigenous com-munities. Consequently, IP resistances, alongside various grassroots commu-nities have become movements for environmental and social justice to assert rights, to save and reclaim their ancestral territories which are endangered ecological frontiers and the resource base for the country’s development. This is portrayed in their experiences with huge mining companies and oil palm plantations espoused by globalization policies. Evidently, customary ways of (non)/granting of consent is not sepa-rate but resides in the totality of the indigenous peoples’ worldviews. It is a medium of IP’s right to self-determination, inseparable from their plight for land and humane life. Historical fragmentation of their territories and limit-ing of rights and access to resources, and imposition of culturally insensitive state policies and governance structures adulterated their governance system, avitalmediumofcustomarylawsandpractices.Theseinfluencestheirpowerstruggles in the decision-making processes, social structures and interactions including policy engagements - as with the FPIC process.

Supposedly, “FPIC process” should serve as the guarding gates to secure IP communities’ inherent rights to their ancestral territories amidst various external interests. The Iraya and Palaw-an peoples witness and learn that economic power begets political power as the FPIC policy was used by more powerful interests to push them to a dead end, despite their dissent. Adding insult to injury, mining and biofuel policies, along with other tenure instruments obscure and undermine provisions of IPRA and the FPIC policy. External pressure and sly maneuvres are imposed by corporations in col-laboration with government agencies, primarily the NCIP. Among these are bribery, organizing and manipulation of pro-mining IP organizations, military intimidation and adulteration or cooptation of their traditional governance


systems. The consequent divisive effects to IP communities weaken their as-sertion of their collective rights and make them vulnerable to oppression and exploitation. Worst, no FPIC took place in the case of the oil palm carpeting of southern Palawan and uprooting of Palaw-an communities. These aggravate the deplorable conditions of IPs whose lives, future and survival as peoples are threatened.

Much can be learned from the IP customary laws. Compared to the state’s voluminous statutes and tangled heap of policies, hard-to-understand and problematic in implementation, the Iraya and Palaw-ans customary ways are practical and directly rooted from the collective identity and principles of living. Most are unwritten and orally transmitted, promulgated historically by and thru traditional politico-spiritual leadership systems. It is culturally rooted – institutionalized not only in justice systems but as virtues intrinsic and consciously implied in everyday interactions. Its legitimacy evolved out of decision-making processes highlighting community unity. Its foci of concern revolve on the protection of common interests, ancestral territories and the natural environment. It is within such cultural sphere that customary laws are in diametrical opposition to the parasitic exploitation of resources and peoples for capitalists’ gains.

The responseof the IrayaandPalaw-anpeoplesaffirms the impor-tanceoftheunificationoftheindigenouspeoplesinfacingtheirlocalissuesas critical articulation of self-determination. The history of the Mangyans of Mindoro and the Palaw-an indigenous peoples taught them the glaring truth of the current social structures that pressure and threaten them thru various laws and structures. Their rights and future are affected but cannot be deter-mined by the legislative halls of a State that disregards and slaps dissent with military might. In tune to their customary ways, their organizational and com-munity efforts emphasize that the people are the nuclei of governance and the shaping force of society. It mirrors the correlation and dynamic role of cus-tomary law in forging collective empowerment to defend their ancestral terri-tories -the breathing vessels of their history, the bloodline of cultural identity. Indeed, if the laws that should be legal tools to uphold the democratic rights of its people are twisted to be lethal instruments to exploit the people, the government is not really the peoples’; it is just the bureaucracy.


D. Palaw-an and Iraya FPIC Research Recommendations

The FPIC experiences of the Iraya and Palaw-an have led their respec-tive IP leaders to accept the fact that to survive is to struggle. The will of the people in governance, expressed on paper is not enough. Institutions and oth-er policy actors with varying and opposing economic and political interests will only carry out its mandate by the collective assertion of the people. This is advanced through:

• Continuingorganizingandextensivecommunity-basededucationcam-paigns on IP Rights

Currently PKP and MAMI are continuously working to establish and broaden their organizational chapters in all 8 municipalities in Southern Pala-wan and 7 municipalities of Mindoro, while continuously strengthening ties with other tribal organizations in the provincial level through the Palawan Inter-Tribal Forum. They also see community-based education campaigns on IP Rights as the key to broaden their collective action, deepen understanding on interrelated IP issues and harness advocacy and leadership skills to assert their IP rights.

•BroadeningadvocacycampaignsofindigenouspeoplestoengageLGUs/LGAs, NGOs and other sectoral organizations on IP Rights issues and concerns in the local and national levels particularly to:

- Sustain the gains and further promulgate the call in the annual is-land-wide campaign activity of the Mangyan Day and Mangyan Agenda

- Push for a Palawan Indigenous Peoples Agenda (PIPDA) to unite calls and strengthen advocacy action of all provincial IP organizations that highlight the calls to recognize, respect and implement mechanisms that will strengthen genuine FPIC processes in line with their customary laws and ad-vancement of IP rights and welfare among all institutions, agencies and sec-tors both public and private – primarily the LGUs, DENR, PCSD and NCIP and advance campaigns against mining and widespread land use conversion to bio-fuel plantations

- Unite provincial federations and municipal levels of IP organizations to engage corporations and LGUs in multistakeholders dialogues to expose, revoke past anomalous FPICs granted to developers and assert genuine FPIC processes such the actions of MAMI against APMC last 2008 and the recent efforts of PKP Sofronio Española against Citi Nickel Mining Corp and PKP


Brookes Point against MacroAsia Mining Corp.

• Establishapeoples’ task force to campaignand initiateamulti-stake-holders dialogue conference in the municipal, district and provincial levels on the issue of widespread land use conversion to bio-fuel plantations of agricul-tural, forest and indigenous peoples’ territories to advance policy campaigns, transparency and resolutions that will safeguard IP and peasants rights to land, food security and the environment.

•Furtherengagecollaborationofadvocacygroupsinpolicyactionresearch-es on IP Issues to strengthen policy analysis and lobbying to heighten vigi-lance and participation in the national campaigns to push for the national IP Agenda, 6 point IP Food Security Agenda and policy campaigns on FPIC, IPRA Law, Mining and Biofuels Laws in general.

Defend IPs Rights to Life, Land, Culture! Assert IP Rights to Self-Determination! All efforts resound the united call to defend IP rights tantamount to defense of environment, food systems and culture. Particularly, the indige-nous peoples of Palawan and Mindoro are one in the call to:

•DefendIndigenousPeoplesRight!NotoMining!

-HalttheOperationsofMiningCorporationsof Mindoro!NototherenewalofminingpermitsofAgusanPetroleumMiningCorporation!

-StopMiningOperationsinPalawan!HalttheOperationsofCitiNickelMiningCorporationsinPalawan!

- Expose and prosecute perpetrators of FPIC anomalies and violation ofIPRightsinminingcommunities!

-ScraptheMiningActof1995!PushforthforagenuinePeoplesMin-ingBill!

•AdvanceIPsRightstoFoodSecurity!StoptheWide-spreadLandUseCon-version of Agricultural, Forest and Indigenous Domains to Bio-Fuel Planta-tions!

•Compensatethelossoflivelihood,socialandenvironmentaldamageswith-inminingcommunitiesandbiofuelplantationareas!


REFERENCES

1. R.A. 8371 Indigenous Peoples Rights Act. http://congress.gov.ph/download/ra_10/RA08371.pdf. downloaded September 2011

2. Dante A. Dalabajan.2008. Losing the frontier to agrofuels – the impacts of feedstock plantations in the Province of Palawan

3. Irma Isip. Integrated Oil Palm Production in Palawan. Malaya business Insight. http://archive.malaya.com.ph/2011/February/feb03/busi10.html.consulted November, 2011

4. ___________. Palawan to host oil palm congress in June. Posted March 14, 2009 http:// thepalawantimes.wordpress.com/ta/palawan-palm-oil-development-council/.consulted November 2011.

5. Integrated Development Program for Indigenous Peoples. (undated). Ang mga Katutubong Mamama-yan ng Timog Katagalugan. (institutional research data)

6. Integrated Development Program for Indigenous Peoples. Ang Industriya ng Mina sa Pilipinas at mga Katutubong Mamamayan: Isyung Pangkalikasan at Panlipunan, Usapin ng Karapatan, Kasarinlan at Kinabukasan. Earth Day powerpoint presentation. April 2011

Documents

IX. Full Case Study Narratives - IDPIP-ST · 2014. 1. 2. · IX. Full Case Study Narratives. Introduction T ... 2.b to “protect the rights of ICCs/IPs to their ancestral domains