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21st Cordillera Day frowns at new FPIC rules

MALIBCONG, Abra (May 3) — Delegates to the 21st Cordillera Day commemoration here expressed disapproval to the proposed Free, Prior, and Informed Consent (FPIC) guidelines being pursued by the National Commission on Indigenous People (NCIP) in facilitating entry of mining firms in communities.

In a resolution during the 21st Cordillera Day here on April 24, the group said the changes would subvert the true meaning of consultation which involves the entire community in consensus-building.

“Policy changes such as a Special FPIC would weaken the unity of community members and could lead to divisiveness. These changes impinge the indigenous peoples rights to self-determination,” Joan Carling, CPA chair said.

In Section 6 of the draft guideline, a Special FPIC process limits the decision-making to the dap-ay (elders’ council).

NCIP has proposed a new guideline pursuant to Executive Order 270 aimed at streamlining its procedures in granting mining exploration permits.

The proposal came amid surges in mining applications in the Cordillera region and in the Visayas. Reports from the regional Mines and Geosciences Bureau (MGB) showed that at least 70 % of the land area in Cordillera have pending mining exploration applications.

Carling said, “The law is clear when it defined FPIC as consensus of all community members based on their cultural practices”.

In the resolution the group pointed out 8 assertions to FPIC revisions namely: (1) sufficient information written or translated in language understood by the community; (2) sufficient period to discuss information; (3) defining the impact area is not limited to the project proponents (4) consensus should be the measurement of consent; (5) written opposition be deemed document of no consent; (6) conditional consent with the conditions set by the community shall be allowed; (7) communities shall have the right to form its own monitoring group; (8) grievance mechanism to address complaints.

“We are alarmed by the government’s sell out of our resources, even sacrificing our peoples right to self-determination,” Carling said.

Other sections opposed by the group are sections 28 which allows simultaneous conduct of Environment Impact Assessment (EIA) and FPIC, and section 29 which grants exceptions to non-transferability of FPIC. # Jhong dela Cruz for NORDIS

(Editor’s note: On our May 20-27, 2005 issue, Northern Dispatch Weekly published the proposed revisions to the FPIC process together with the CPA’s initial critique )

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