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Proposed FPIC guidelines must uphold self-determination — CPA

BAGUIO CITY (Mar. 19) — The Cordillera Peoples Alliance (CPA) came up with its comments and recommendations on the proposed new guidelines on the free prior informed consent (FPIC) provision of the Indigenous Peoples Rights Act (IPRA).

Specifically, CPA criticized provisions which classified the processes into either regular or special as inconsistent with the FPIC.

“The FPIC process must uphold the genuine and democratic process of decision-making based on the inclusiveness, through transparent consultations, freedom of expression and consensus-building,” Joan Carling, CPA chairperson said.

The said Guidelines are now subject to discussions among various indigenous peoples’ groups. The CPA, an alliance of more than 40 indigenous people’s organizations in the Cordillera forwarded its comments and recommendations during the first national consultation on March 18.

In a position paper it sent to the commissioners of the National Commission on Indigenous Peoples (NCIP), CPA said the classification of the FPIC processes “makes it inconsistent with the recognition of the right of indigenous communities to actively participate in any decision making regarding program and projects affecting them”.

Distinguishing regular from special process

A regular FPIC process, Section 8 of the Guidelines states, is one that would involve the indigenous cultural community members within the impact area and whose consent, along with the members of the council of indigenous people’s elders/leaders representing the whole ancestral domain (AD) area, will be obtained.”

A special process, meanwhile, shall involve only the members of the council of elders/leaders representing the whole ancestral domain area and in certain cases, also the individual ancestral land owners whose lands within the domain will stand to be directly affected by the project, activity or undertaking.

“Limiting the decision-making process to the council of elders,” Carling says, “is a violation to the principle that indigenous communities have the right to participate in decision-making. It is a violation to the right to self-determination,” she added.

Carling said that while community leaders are also recognized as representatives of their tribe, clan, village or community, this does not give them the blanket authority to decide in behalf of their constituents, without the active participation of concerned community members. She said that the classification of certain activities under the special process is also violating the entitlement of communities to be involved in matters affecting them.

Community participation is a must in decision-making, Carling asserts, adding that not only elders decide for the IPs. She also reiterated that the FPIC process should not be mechanical, time-bound, and prescriptive.

Recommendations

CPA recommends that all projects, programs and activities in IP territories shall be subjected to the FPIC process which must include the direct participation of affected families/communities in an open, transparent, inclusive and democratic mechanisms as the IPs define it.

“These mechanisms,” the CPA asserts, “must be consistent with the principles of self-determination, which ensures the right of the tribe, clan, village, community who will define the decision-making processes.”

CPA also recommended that the internationally accepted scoping of impact areas based on an independent environmental and social impact assessments and surveys be employed in determining impact areas. It recommends that these studies be undertaken before, and not simultaneous with the FPIC process. The proposed guidelines states that government regulatory agencies and instrumentalities would determine impact areas.

CPA reiterates that commercial mining, for instance, has impacts on communities where toxic discharges to air and water, and not limited to communities at the site of the operations.

“An evaluation of the past experiences on the conduct of the FPIC process, Carling said, is important in order to draw lessons from these cases and integrate them in the proposed guideline.”

Expecting to come out with the final Guideline next month, the NCIP is conducting island consultations. A Luzon-wide consultation is slated in April 11 and 12. Mindanao consultation takes place on April 9. # Lyn V. Ramo for NORDIS

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