Corporate mining & indigenous peoples’ lands: an unjust inposition to collective rights 05-10-16

	NORDIS WEEKLY October 16, 2005
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Corporate mining & indigenous peoples’ lands: an unjust inposition to collective rights
By JOAN CARLING CHAIRPERSON CORDILLERA PEOPLES ALLIANCE Part 1 of 2 When the Supreme Court upheld the constitutionality of the Mining Act of 1995 with finality in February 2005, the Philippine government aggressively embarked on a total sellout of the people’s mineral resources, with numerous incentives to foreign mining companies. In March 2005, government identified 20 priority projects for corporate mining in different parts of the country. Sixteen of these priority projects cover indigenous territories in Mindanao, Palawan and Mindoro, and the Cordillera. More than 66% of the total 1.8 million hectares of the Cordillera region is now covered with mining applications, with more than 140 mining applications of both local and multinational mining companies. The province of Benguet had hosted 14 mining operations in the past decades with Benguet Corporation as the oldest mining company in the country. Two of the largest corporate mines, namely Lepanto Consolidated Mining Company and Philex Mining Company continue to operate, this time using high technology method for large scale mineral extraction. Mining interest in the region started during the Spanish colonization because of traditional small scale production of gold by the Ibalois for trade with people of the lowland. Since then, the Cordillera region has earned the interest of both local and foreign mining prospectors. According to the geophysical survey of the Cordillera, the mineral deposit of gold is 25% while copper is 39%. Indigenous peoples’ collective rights Indigenous peoples in the Philippines are estimated to be around 10 to 12 million of the total population of approximately 84 million individuals, representing at least 110 ethno-linguistic groups with approximately 60% in Mindanao and 30% in the Cordillera Region. While their culture and lifestyle are diverse, there are common indigenous concepts and systems, principles, values and aspirations. The basic commonality of indigenous peoples the world over is the regard and concept of land as the source of life of which their identity, spirituality, and collective socio-cultural and economic systems are rooted. The persistence of this, in spite of centuries of external and internal colonization, genocide, displacements, exploitation and oppression, as well as attempts for assimilation and homogenization of culture remains as the distinct feature and difference of indigenous peoples from the rest of society. As indigenous peoples, their world view and concept of nature and resources in terms of ownership, use, management and development is different from the western/capitalist impositions. Given the value of land and nature to indigenous peoples, these are not treated as commodities. Instead, the natural environment should be protected and nurtured so it shall continue to provide for the needs and survival of the present and future generations. Unlike the capitalist view of resources as separate elements to be exploited or extracted because of their own commercial value, indigenous peoples regard these resources with their symbiotic relationship and interdependence and its use should only be in response to basic needs and not for exploitation as source of surplus. Further, indigenous values revolve around collective survival and development so cooperation and mutual assistance is necessary, as opposed to individualism and competition. Because of the historical social injustice committed to indigenous peoples, and the continuing assertion of their distinctness in oneness with the land and territory, they are entitled to certain collective rights with the fact that they have nurtured and protected their natural environment for centuries. These rights are the right over their land and resources or territory, to their identity and integrity as distinct peoples with their own customary laws, language, socio-cultural systems, beliefs and spirituality and the right to self determination economically and politically. The recognition and respect for these collective rights are necessary to ensure the continuing survival and development of indigenous peoples. Assault of corporate mining Corporate mining is a clear form of development aggression and national oppression of indigenous peoples. Contrary to claims for its development contribution and for economic progress, affected indigenous communities and others have become more impoverished and deprived of their land and resources which is the material base of their culture and distinct lifestyle. Likewise, it has caused long term destruction of the environment and the intergenerational livelihood source of indigenous communities. The very entry of corporate mining operations without the consent of IP communities is a blatant disregard and violation to the territorial integrity and self determination of indigenous peoples. Mining companies are provided with the prior right over mineral lands, even if these are indigenous peoples’ territories. Likewise, they are also given the right to extract minerals in the most profitable way, using high-technology for massive extraction with the least cost, greater profit. Further, they are also given the prior right to control, manage and use all other resources such as water bodies, timber and others they may need to support their mining operations. Territorial integrity of indigenous peoples is a matter of right because of their decades of human investment through their blood, sweat and tears in nurturing and protecting their natural resources. Because of this, indigenous peoples inherently have prior right and ownership of their land and territory as the material base of their collective survival and the source of their distinct lifestyle. It is also in their strong relationship with their territory that defines their collective identity as distinct from others. This complete disrespect to the territorial integrity of indigenous communities paves the way to physical and economic displacement of indigenous communities leading to their alienation from the very source of their existence and collective identity, which is tantamount to ethnocide. Indigenous peoples’ ancestral land rights For indigenous peoples, land is not a separate entity from all the other natural resources which comprises their territory. With the extractive nature of corporate mining, massive destruction of ancestral land, water bodies and the natural environment cannot be avoided due massive land extraction and thousands of tons mine waste generation. This does not only directly threatens the health and well being of indigenous peoples, but also violates their right to protect and nurture their natural environment which sustains their tribes, clans, and families from generation to generation. It also violates the rights of indigenous peoples to freely determine their own path to development, with the use, management and development of their own human and natural resources. Likewise, the destruction of their subsistence economies and particular livelihood activities by large scale mining operations is a direct threat to their food security. It also violates their indigenous resource management systems that provides them their basic needs, while protecting these resources from massive exploitation. For example, indigenous forest management systems have certain prohibitions or regulations in cutting timber and gathering of forest products to protect the watershed areas and biodiversity of the IP territory. All these will be adversely affected by corporate mining operations, because of its very extractive and destructive nature. For mining companies and their business partners, the mineral deposit in the territories of indigenous peoples is regarded only for its commercial value, and not in relation to other elements of the natural environment, which indigenous peoples have been using for their livelihood activities. Mining companies seem not to mind the symbiotic and interrelationship of nature and indigenous peoples. What is more important to them is the extraction of minerals for profit, even if the consequences of this kind of extractive and destructive operation out-rightly deny indigenous peoples of the collective rights. Next issue: Collective socio-political systems
Home \| Back to top	Previous \| Next

	NORDIS WEEKLY October 16, 2005
Home \| To bottom	Previous \| Next
Corporate mining & indigenous peoples’ lands: an unjust inposition to collective rights
By JOAN CARLING CHAIRPERSON CORDILLERA PEOPLES ALLIANCE Part 1 of 2 When the Supreme Court upheld the constitutionality of the Mining Act of 1995 with finality in February 2005, the Philippine government aggressively embarked on a total sellout of the people’s mineral resources, with numerous incentives to foreign mining companies. In March 2005, government identified 20 priority projects for corporate mining in different parts of the country. Sixteen of these priority projects cover indigenous territories in Mindanao, Palawan and Mindoro, and the Cordillera. More than 66% of the total 1.8 million hectares of the Cordillera region is now covered with mining applications, with more than 140 mining applications of both local and multinational mining companies. The province of Benguet had hosted 14 mining operations in the past decades with Benguet Corporation as the oldest mining company in the country. Two of the largest corporate mines, namely Lepanto Consolidated Mining Company and Philex Mining Company continue to operate, this time using high technology method for large scale mineral extraction. Mining interest in the region started during the Spanish colonization because of traditional small scale production of gold by the Ibalois for trade with people of the lowland. Since then, the Cordillera region has earned the interest of both local and foreign mining prospectors. According to the geophysical survey of the Cordillera, the mineral deposit of gold is 25% while copper is 39%. Indigenous peoples’ collective rights Indigenous peoples in the Philippines are estimated to be around 10 to 12 million of the total population of approximately 84 million individuals, representing at least 110 ethno-linguistic groups with approximately 60% in Mindanao and 30% in the Cordillera Region. While their culture and lifestyle are diverse, there are common indigenous concepts and systems, principles, values and aspirations. The basic commonality of indigenous peoples the world over is the regard and concept of land as the source of life of which their identity, spirituality, and collective socio-cultural and economic systems are rooted. The persistence of this, in spite of centuries of external and internal colonization, genocide, displacements, exploitation and oppression, as well as attempts for assimilation and homogenization of culture remains as the distinct feature and difference of indigenous peoples from the rest of society. As indigenous peoples, their world view and concept of nature and resources in terms of ownership, use, management and development is different from the western/capitalist impositions. Given the value of land and nature to indigenous peoples, these are not treated as commodities. Instead, the natural environment should be protected and nurtured so it shall continue to provide for the needs and survival of the present and future generations. Unlike the capitalist view of resources as separate elements to be exploited or extracted because of their own commercial value, indigenous peoples regard these resources with their symbiotic relationship and interdependence and its use should only be in response to basic needs and not for exploitation as source of surplus. Further, indigenous values revolve around collective survival and development so cooperation and mutual assistance is necessary, as opposed to individualism and competition. Because of the historical social injustice committed to indigenous peoples, and the continuing assertion of their distinctness in oneness with the land and territory, they are entitled to certain collective rights with the fact that they have nurtured and protected their natural environment for centuries. These rights are the right over their land and resources or territory, to their identity and integrity as distinct peoples with their own customary laws, language, socio-cultural systems, beliefs and spirituality and the right to self determination economically and politically. The recognition and respect for these collective rights are necessary to ensure the continuing survival and development of indigenous peoples. Assault of corporate mining Corporate mining is a clear form of development aggression and national oppression of indigenous peoples. Contrary to claims for its development contribution and for economic progress, affected indigenous communities and others have become more impoverished and deprived of their land and resources which is the material base of their culture and distinct lifestyle. Likewise, it has caused long term destruction of the environment and the intergenerational livelihood source of indigenous communities. The very entry of corporate mining operations without the consent of IP communities is a blatant disregard and violation to the territorial integrity and self determination of indigenous peoples. Mining companies are provided with the prior right over mineral lands, even if these are indigenous peoples’ territories. Likewise, they are also given the right to extract minerals in the most profitable way, using high-technology for massive extraction with the least cost, greater profit. Further, they are also given the prior right to control, manage and use all other resources such as water bodies, timber and others they may need to support their mining operations. Territorial integrity of indigenous peoples is a matter of right because of their decades of human investment through their blood, sweat and tears in nurturing and protecting their natural resources. Because of this, indigenous peoples inherently have prior right and ownership of their land and territory as the material base of their collective survival and the source of their distinct lifestyle. It is also in their strong relationship with their territory that defines their collective identity as distinct from others. This complete disrespect to the territorial integrity of indigenous communities paves the way to physical and economic displacement of indigenous communities leading to their alienation from the very source of their existence and collective identity, which is tantamount to ethnocide. Indigenous peoples’ ancestral land rights For indigenous peoples, land is not a separate entity from all the other natural resources which comprises their territory. With the extractive nature of corporate mining, massive destruction of ancestral land, water bodies and the natural environment cannot be avoided due massive land extraction and thousands of tons mine waste generation. This does not only directly threatens the health and well being of indigenous peoples, but also violates their right to protect and nurture their natural environment which sustains their tribes, clans, and families from generation to generation. It also violates the rights of indigenous peoples to freely determine their own path to development, with the use, management and development of their own human and natural resources. Likewise, the destruction of their subsistence economies and particular livelihood activities by large scale mining operations is a direct threat to their food security. It also violates their indigenous resource management systems that provides them their basic needs, while protecting these resources from massive exploitation. For example, indigenous forest management systems have certain prohibitions or regulations in cutting timber and gathering of forest products to protect the watershed areas and biodiversity of the IP territory. All these will be adversely affected by corporate mining operations, because of its very extractive and destructive nature. For mining companies and their business partners, the mineral deposit in the territories of indigenous peoples is regarded only for its commercial value, and not in relation to other elements of the natural environment, which indigenous peoples have been using for their livelihood activities. Mining companies seem not to mind the symbiotic and interrelationship of nature and indigenous peoples. What is more important to them is the extraction of minerals for profit, even if the consequences of this kind of extractive and destructive operation out-rightly deny indigenous peoples of the collective rights. Next issue: Collective socio-political systems
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