Philippines: Canada's TVI faces tribal justice
Published by MAC on 2008-06-02Source: by Indigenous Peoples Links (Piplinks)
Tribal justice has been served upon the Canadian mining company TVI Pacific in the Southern Philippines. The company, which has operated a gold mine under a Philippine subsidiary on the land of the Subanon people at Mount Canatuan [i] has been found guilty of various crimes by the "Gukom" (the traditional justice authority of the Subanon of the Seven Rivers in the Zamboanga Peninsula) [ii]
This is an assertion of the rights of the Subanon to their self-determination and self-governance, which should clearly be recognized under the 1997 Indigenous Peoples Rights Act (IPRA). It is not only a test of the Philippine legal system to recognize customary laws and practices of the indigenous peoples of their traditional justice system, but it is also a ground-breaking challenge to a multinational company.
The verdict of the Gukom is that TVI is guilty of a number of crimes against the recognized traditional leader of the Subanon in that area, Timuay (or Chieftain) Jose "Boy" Anoy, his people and the lands within his Ancestral Domain. These include violence against certain individuals, violation of the Subanon's customary laws, abuse of the dignity of Subanon leaders and damage to personal property and the local environment. Many of these are grave violations of Subanon law. Various penalties were stipulated, including financial restitution through the payment of a specified number of 'bolos' (length of cloth)[iii] and a call for restitution in order to restore natural balance (and most importantly in this case, that TVI leave the Ancestral Domain of Timuay Anoy).
The case was initially brought before the Gukom because Timuay Anoy's daughter, Vivian Anoy Balingit, was assaulted by a member of TVI's security force (SCAA[iv]
This was the latest in a long line of alleged human rights abuses perpetrated by the company's security forces, which the Philippine justice system has manifestly failed to address. Timuay Anoy therefore turned to the traditional Subanon justice system. TVI was invited to the hearing to answer the charges, but refused to attend[v]
The Gukom heard all of the complaints of Timuay Anoy and his people at a session held on 13-15 December 2007.
The verdict of the Gukom was promulgated on Monday 26 May 2008, after a ritual of thanksgiving for Timuay Anoy personally receiving the registered Certificate of Ancestral Domain Title (CADT) to his land[vi]
TVI has caused conflict within the local Subanon community by disputing the traditional leadership of Timuay Anoy after he would not give his consent to mining. Although Timuay Anoy has already had his legitimate position recognised by receiving the CADT from President Gloria Macapagal Arroyo in 2003, it was taken back by the Government so that the change of land ownership could be registered. The delay in land registration was one of the complaints in a submission brought before the United Nations Committee on Elimination of all forms of Racial Discrimination (CERD) by Timuay Anoy and supporting organisations in February 2007.[vii]
The Philippine Government and TVI have both tried to defend themselves against the complaints within the submission, but so far the CERD has been critical in its questioning of the situation[viii]
It appears that the pressure from this action is beginning to bring much needed results for Timuay Anoy and his people, who have been struggling for justice from the State, and their lawful right to deny consent to TVI for over a decade.
Subanon justice is based on the maintenance of peace and harmony, and the idea of restoring balance. The Gukom trust that TVI will respond to the verdict, and will use it as an opportunity to right the wrongs that have been perpetrated against Timuay Anoy and his people, in order to heal the conflict that has afflicted the area since the arrival of the company.
QUOTE: "The territory of Timuay Jose Anoy had met severe difficulties due to the destruction of their sacred mountain, Mt. Canatuan, and there was no other recourse for the settlement of conflicts within his territory but to elevate the complaints to the Gukom sog Pito Kodolungan [Gukom of the Seven Rivers]." -- Gukom verdict, 26^th May 2008
QUOTE: "During the exploration activities of TVI in Canatuan, Timuay Jose Anoy did not give consent to mining operations in the ancestral domain but TVI forced its operations. The Timuay could not stop it, so the people picketed against TVI, headed by the Soliling [a tribal rank], Onsino Mato. During the picket against TVI put up by Timuay Anoy and others, Soliling Onsino Mato was arrested, physically assaulted/kicked by soldiers and TVI personnel, which was a violation of human rights, and caused shame and embarrassment to the Subanon tribe." -- Gukom verdict, 26th May 2008
PHOTOS AVAILABLE: Photographs of Timuay Anoy being handed the CADT at the ceremony on 26 May in electronic format -- other photos of the mine also available.
More Information:
Andrew Whitmore Indigenous Peoples Links (PIPLinks) (UK) Tel: (+44 7754) 395 597 Email: comms@piplinks.og
Zherwinah Mosqueda LRC-KsK (Philippines) Tel (+63 88) 856 5045 Email: zherwinah@yahoo.com
Notes
[i] Mount Canatuan is in the municipality of Siocon, in the province of Zamboanga del Norte on the island of Mindanao in the Southern Philippines
[ii] The "Gukom" is the traditional justice authority of the Subanon of the Seven Traditional Councils of the Seven Rivers in the Zamboanga Peninsula (made up of three provinces). The function of the Gukom was for the maintenance of peace and order within and even outside of Subanon community. Membership to the Gukom must be from the Timuays of the seven territories of the seven rivers. Funded during the time of the ancestral chief Apu Manglang, the Gukom still continues to serve its functions within the territories in the seven rivers, as laid down by Apu Manglang. Timuay Noval Lambo is the present Gulang Gukom (functioning head of the Gukom).
[iii] The 'bolos' in this instance refers to a specified length of a roll of cloth, which is used as a traditional measure for ritualized justice. It can be equated to standard currency in order to make any penalties relevant to the modern-day situation.
[iv]TVI's mine is protected by a private paramilitary force called the SCAA (Special CAFGU/Civilian Armed Auxiliaries), as it is in a conflict zone, aside from the opposition of the local community. They are, nominally, trained and equipped by the armed forces of the Philippines, but are paid for by the company to protect it. The SCAA has been at the forefront of accusations of human rights abuses by local residents.
[v] As the Gukom verdict notes "Under the Subanon laws, if a person who has been informed by the Gukom to appear before it for dispute settlement but refused to do so, the Gukom will still continue to hear the case and make decisions accordingly."
[vi] Although it was only made public in May, it had previously been shared with TVI and the Government's National Commission on Indigenous Peoples (NCIP). For an explanation of the circumstances and background to the ceremony, see separate press release "Subanon Chieftain Receives Registered Ancestral Domain Title" (see press release below)
[vii] For more information on the submission, please refer to the original submission, available at: http://www.piplinks.org/development_issues/Subanon_CERD.pdf.
More information on the initial critical response of the CERD can be seen at http://www.lrcksk.org/mediacenter.php?id=91.
[viii] The Philippine Government responded to the Subanon's submission and TVI has belatedly endorsed some of the points the Government makes in its response, published on their website - http://www.tviphilippines.com/.
However, Timuay Anoy and his supporters attended the 72nd session in Geneva from the in February / March 2008, and produced a detailed refutation of many of the points made by the government (see http://www.insidemindanao.com/article41.html).
Subanon Chieftain Receives Registered Ancestral Domain Title
By Tito Natividad Fiel, DIOPIM Committee on Mining Issues (DCMI)
27th May 2008
Mount Canatuan, Tabayo, Siocon Zamboanga del Norte -- Yesterday, the 26th May, after almost five years of waiting, "Timuay" (or Chieftain) Jose "Boy" Anoy personally received the registered Certificate of Ancestral Domain Title (CADT). It was turned over to him by Roland Buhisan, the community development officer of the Zamboanga del Norte National Commission on Indigenous People (NCIP) at his Tribal Hall.
For the first time in over a decade of struggle for the recognition of their Subanon Ancestral Domain, Timuay Anoy openly wept for joy before his people and those visitors who assembled to witness him receiving the registered CADT. The traditional sound of the "Agong" accompanied the presentation, and rang out across the crowds, and surrounding hills, to signal the hope this latest success has brought in respect of their rights to their ancestral land.
Timuay Anoy expressed his gratitude to his tribesmen and women for the tireless support given to him in their long years of struggle to get this significant and important ancestral domain document, which fully recognizes their rights to more than 8,000 hectares of land.
He has also expressed gratitude to the DIOPIM Committee on Mining Issues (DCMI) and the different organizations who tirelessly helped them financially, morally and in publicising their situation. This assistance has ensured the notoriety of the case, both nationally and internationally, and eventually to their 2007 submission to the United Nations Committee on Elimination of all forms of Racial Discrimination (CERD).
Since 1994, the Subanon People under the leadership of Timuay Anoy fought for the recognition of their Ancestral Domain and finally acquired the Certificate of Ancestral Domain Claim (CADC) in 1997. Despite this recognition from the Philippine Government to their Ancestral Domain, the Canadian mining company, TVI Pacific, had pursued its mining operations within the Ancestral Domain without the proper consent from Timuay Anoy. The company has also implemented an international propaganda campaign attacking the validity of Timuay Anoy's leadership in order to support their immoral actions, and to justify the conflict their operations have created within the local Subanon.
On 12 June 2003, no less a person than the President of the Philippines, Gloria Macapagal Arroyo, personally handed the CADT to Timuay Anoy inside the compound of the Southern Command of the Armed Forces of the Philippines in Zamboanga City.
But the original CADT was taken back by the NCIP Provincial Director in Zamboanga del Norte, Lista Cawanan Jr., for him to register the title with the Register of Deeds. For almost five years, it appears little has done with the CADT, as the destruction of Mount Canatuan continued, without consent from CADT holder.
Finally this year, when the former Zamboanga del Norte NCIP Director was promoted to Officer-in-Charge (OIC) of the NCIP Region IX office, Engineer Parolito Isaw became Provincial Director. The NCIP office has been under pressure from the highlighting of this delay in the submission to the CERD. He has worked hard to register the CADT to the Register of Deeds, and finally the NCIP office was able to present it to Timuay Anoy, as the descendant of Apu Manglang's Ancestral Domain ("Apu Manglang G'lupa Pusaka").
In the afternoon after lunch, a ritual of thanks was officiated by Timuay Anoy for receiving the registered CADT.
Local, national and international observer organizations who witnessed the affair included Pigsalabukan Bangsa Subanon (PBS), "Gukom" or traditional justice group of the Subanon of the Seven Rivers in Zamboanga Peninsula, Save Siocon Paradise Movement, DCMI, Prelature of Ipil Zamboanga Sibugay, Legal Rights and Natural Resources Center (LRC), Philippine Misereor Partnership (PMP), Alyansa Tigil Mina (ATM), PIPLinks (Philippine Indigenous Peoples Links) and Amnesty International, as well as national and local media.
Victory of the Subanen People, Victory of the Indigenous Peoples
LRC Press Release
27th May 2008
The Legal Rights and Natural Resources Center-Luzon Regional Office congratulate the Subanen People led by Timuay Jose 'Boy' Anoy for the victory in their struggle for recognition as the rightful owner of Certificate of Ancestral Domain Title (CADT) in Mount Canatuan of the Subanen People.
The Subanen Indigenous Peoples of Mount Canatuan, Zamboanga Del Norte have finally got hold of their Certificate of Ancestral Domain Title (CADT) that the National Commission on Indigenous Peoples (NCIP) handed over to them in a ceremony yesterday in Mount Canatuan. The ceremonial awarding of the CADT coincides with a traditional ritual practice by the Subanen people. Timuay (tribal chieftain) Jose 'Boy' Anoy accepted CADT in behalf of the Subanen tribe. It was an emotional event for the Subanen people as they have fought five long years for the recognition of the NCIP and the government as the legitimate and rightful owners of Mount Canatuan Ancestral Domain.
The NCIP and the government for the past years have ignored the Subanen people's outcry over violations on their rights as Indigenous Peoples for the desecration of their holy land Mount Canatuan by TVI Resources Development, Inc. (TVIRD). Timuay Anoy and his family were even exiled from their ancestral land for 3 years for not giving up the fight against TVIRD.
Justice should be served now to the Apo Manglang G'Lupa Pusaka, the Peoples Organisation of the Subanen's against TVIRD and NCIP for their collusion in disenfranchising the Subanen people led by Timuay Anoy. TVIRD and NCIP created a bogus tribal council that eventually negotiated and gave consent to TVIRDs mining operations in 2003.
Consent and Social Acceptability seems to be not in the vocabulary of mining companies operating now in the Philippines. The case of Didipio gold-copper project in the province of Nueva Viscaya is one interesting issue where the mining company OceanaGold is operating without the consent and its social acceptability rejected in the past and continuously denied by the barangay council of Didipio and by the municipality of Kasibu. The governor and officials of Nueva Viscaya has also joined in protest against the operations of OceanaGold after contemplating that the province is not benefiting from OceanaGold's operations./
The vast mineral resources of the province including its forests and water (watersheds) are at stake and in danger of being destroyed and exploited by the mining operations. The Financial and Technical Assistance Agreement (FTAA) for the Didipio project practically has all the rights and privileges for OceanaGold which includes: * Easement rights -- OceanaGold demolished 187 indigenous peoples houses as of April 2008 without any court order and relocation plan;
* Timber rights - OceanaGold will cut down 17,000+++ trees to make way for the site preparations and mine operations which is ironic on the part of DENR who gave the permit to OceanaGold and prevented residents of Didipio from cutting trees in the past;
* Water rights -- OceanaGold has four water permit applications with the NWRB, threatening the supply of water of the residents in the affected communities (22 barangays) for household agricultural (irrigation) use who has prior rights over water sources;
* 5-10 Year Tax holiday -- this might be a unique and cute business strategy of the government to lure-in mining investments in the Philippines but we have to wait 5-10 long years to receive the nations share in the plunder of our natural resources by these large-scale mining companies. That is if the mining project succeeds and raised enough revenue to cover its operating expenses and only then the government share can be realised.
What if OceanaGold says they are losing shareholders and going bankrupt at the end of 5 or 10 years? What happens to the destruction of the environment, and what about the injustice done to indigenous peoples for displacing them from their source of livelihood and culture sacrificed to give way to destructive mining projects? The experience suffered by the Subanen people of Canatuan, Zamboanga Del Norte is one glaring example of the many disastrous consequence of mining in the Philippines.
DENR Secretary Atienza should look into mounting negative impacts of OceanaGold's mining operations in Nueva Viscaya compared to the promised benefits. Secretary Atienza should examine his latest pronouncements on the conflicts of OceanaGold with the local governments of Nueva Viscaya because he is starting to sound like a "Spokesperson" and "legal counsel" of OceanaGold, unless this might be one of the other privileges given to mining companies.
For further questions and inquiries, please contact us at 87B Madasalin St., Teachers Village, Diliman, Quezon City thru telephone numbers +63 2 926 4409, +63 2 434 4079, mobile: +63 917 548 1674 (Ronald-Campaigns/Paralegal).