Tribal people’s agency gives South African mines go signal
BAGUIO CITY, Philippines—The National Commission on Indigenous Peoples (NCIP) has allowed a South African mine venture to proceed with drilling operations on ancestral lands, after dismissing a January 27 petition for a writ of preliminary injunction filed by residents of Mankayan, Benguet.
In an April 4 resolution, NCIP Cordillera hearing officer Brain Masweng denied the request of residents belonging to the group, Te-eng di Mankayan, to stop the Far Southeast Gold Resources Inc. (FSGRI) from undertaking exploratory drilling in Barangay (village) Tabio.
FSGRI is a venture between Gold Fields Ltd., a South African firm and one of the world’s biggest producers of gold, and the Lepanto Consolidated Mining Co., which developed the Far Southeast gold mining project in Mankayan. Gold Fields acquired 40 percent of the Far Southeast gold project early this year and began drilling on January 3.
Residents have been divided over the project, particularly because it lies within Mankayan’s ancestral domain, which is documented as Certificate of Ancestral Domain Title No. CAR-MAN 1208-094, the Te-eng di Mankayan said.
Jerome Campos, a resident of Sitio (settlement) Madaymen, said the firm negotiated with property owners but not the rest of the community.
Republic Act 8371 (Indigenous Peoples Rights Act of 1997, or IPRA) defines an ancestral domain as a communally-owned tract of land and resources.
The NCIP resolution noted that some members of the Madaymen community had sold their lands to LCMC starting in 1960.
It said the proprietary rights of FSGRI are also protected by IPRA. Section 56 of the law said: “Property rights within ancestral domains already existing and/or vested upon the effectivity of this act, shall be recognized and respected.”
The NCIP resolution lifted a temporary restraining order it imposed on FSGRI on March 14.
Louis Pawid, Gold Fields regional manager, said drilling had not yet resumed. “As of now, the work area is silent. There is no movement yet. But we are elated [by] the decision of the NCIP,” Pawid said on Saturday.
In a statement, FSGRI said it respected the legal process and waited until a decision was rendered. “We now request the concerned groups to likewise respect the decision of the court of the indigenous peoples,” it said.
The Te-eng di Mankayan picketed the drilling site on January 23, due to fears that the operation would affect their water sources and soil stability.
FSGRI said the suspension of work had cost the firm $3,960 (P178,200) a day.
In its resolution, the NCIP ordered the FSGRI to file an initial amount of P500,000 as commitment bond that can be used to mitigate any adverse environmental impact of its drilling operations.—Desiree Caluza
