2 MIN READ

By OFELIA EMPIAN
www.nordis.net

LA TRINIDAD, Benguet — Ongoing protests by local communities in Mankayan against Crescent Mining and Development Corporation’s (CMDC) exploration activities have led the Benguet provincial board to adopt several resolutions demanding greater protection of Indigenous peoples’ rights.

Residents of Barangays Bulalacao and Guinaoang in Mankayan are taking turns guarding the barricade they set up in early October to prevent CMDC equipment from entering.

“We are still on the lookout here, where we have scheduled people as watchers every day. So far, there are no staff from CMDC who have entered the premises,” said Bulalacao Barangay Satur Anton, adding that they are now on their 47th day. 

They maintain that the company’s 25-year Mineral Production Sharing Agreement renewal is fraudulent. It lapsed in 2021 and was renewed in March 2022 without the consent of the community directly affected by their planned operation.

The affected Kankanaey communities have been resisting the company’s entry for over a decade, saying it threatens their livelihoods and watersheds. In November 2021, CMDC’s 25-year MPSA with the government 

MPSA grants the contractor the exclusive right to conduct exploration, mine site development, and the use of extracted minerals within an approved contract area, and shares in the gross output.

Anton said that despite Mayor Cesar Pasiwen’s cease-and-desist order against any mining-related activities, they continue to receive reports that CMDC personnel are going around conducting a signature campaign in favor of the mining firm. 

The October 28 directive from the mayor to maintain the status quo has so far kept peace and order in the area and has strengthened the community’s position. The order includes conducting inspections to ensure strict compliance with CMDC.

Stronger protection

The Sangguniang Panlalawigan of Benguet has expressed its firm stance on ensuring environmental protection, lawful mining practices, and the necessity of genuine community consent in a series of resolutions. All five resolutions were approved on first and final reading during this week’s regular meeting.

The provincial board supported the local government of Mankayan’s issuances ordering CMDC to halt all mining-related activities. They emphasized that no operations should proceed unless the company fully complies with Section 59 of the (IPRA), mandating Free, Prior, and Informed Consent (FPIC) from affected communities. 

The lawmakers also declared support for the communities’ assertion of their rights under national laws.  The resolution reiterates that genuine FPIC must be obtained before any mining activity can proceed within their ancestral territories.

Enforce IPRA, cancel MPSA

One resolution questioned the issuance of conditional certifications and urged the NCIP to strictly enforce Section 59 of IPRA. Officials warned that such action could undermine the FPIC process, which protects Indigenous communities’ right to decide on projects in their ancestral domains.

Section 59 requires government agencies to obtain NCIP certification before approving any activities within ancestral domains. The NCIP can only issue this after the community consents. 

The body approved a separate call addressed to NCIP’s regional office to withdraw its 2021 conditional certification, stating “no objection” to the renewal issued by then-Regional Director Atanacio Addog in relation to CMDC’s MPSA. MGB Cordillera used this document to endorse the renewal, which does not meet IPRA requirements and thereby compromises the rights of affected communities.

Anton said they appreciate the provincial board’s support, assuring them that the communities are committed to fighting CMDC’s plan to mine their lands. “We will really fight for this because this is where our water, our land, and our livelihood as a community come from,” he said.#nordis.net/with report from Artemio Dumlao