8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 1/34

 Laws, Legislations, Memorandum:

Consequences in Mindanao

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 2/34

IPRAIndigenous Peoples Rights Act of 1997

an official statement on the legal status of ICCs/IPs

within the Philippines

  “legal framework for addressing indigenous 

peoples’ poverty” 

ICC = Indigenous Cultural Communities

IP = Indigenous People

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 3/34

Who are the ICCs/IPs?

A group of people identified by self-ascription or ascription

by others

A group who had occupied a territory since time immemorial,

sharing common cultural traits such as language

A group who had retained their ethnic identity despite

colonization

With this definition, the ICCs in Mindanao are the

Lumads and Moros.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 4/34

What are the benefits?

Right to Ancestral Domain

(forests, agricultural lands, and other areas they and theirancestors occupy)

Right to Self-Governance

(maintain political structure, use of customary law, and theright to FPIC = free, prior, informed consent)

Right to Cultural Integrity

(protection of cultural identity and practices)

Human Rights

(social services and justice, employment, non-discrimination)

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 5/34

But… Section 56 of the IPRA seeks to deny IPs

the right to FPIC for mining operations that

existed before the enactment of the IPRA

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 6/34

Who implements IPRA?

National Commission on Indigenous Peoples (NCIP) 

Issues facing NCIP:

- issuing of titles to allow mining

- unqualified and corrupt officials

- poor performance

(in 2001, only 9 CADT were issued out of 400+ applications)

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 7/34

What happened after IPRA?

Foreign mining companies withdrew because of the“lack of Government support to the mining industry” 

The Chamber of Mines threatened the government of 

bringing the issue to the Supreme Court

In response, the government made excemptions

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 8/34

The greatest challenge against IPRA

In 1998, Former Supreme Court justice Isagani Cruz filed a

petition against IPRA on the following grounds:

IPRA violates the constitutional principle that all natural

resources belong to the state (REGALIAN DOCTRINE)

IPRA deprives the State control over the exploration of 

the natural resources

IPRA will strip private owners of their properties

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 9/34

In 2000, the Supreme Court dismissed the petition,

but the Justices emphasized the Regalian Doctrine

is still followed and said that IPRA is just about“surface rights” of the ICCs/IPs.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 10/34

Until today,

IPRA remains a law.

It remains on paper.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 11/34

Mining Act of 1995

It states that public or private lands will be opened tomining except for:

ancestral domains

areas occupied by small-scale miners national parks and areas under NIPAS

public areas like the cemeteries, highways

Prior and informed consent can be granted by the

concerned parties to allow mining.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 12/34

Prior and informed consent from the

IPs has to be a written document.

Section 56 of the act allows 100% foreign ownership.

A mining firm can get 81,000 hectares of land - max.

That means 100% foreign ownership of all our

untapped mineral resources amounting to over

$840 billion

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 13/34

What if you did not give your consent to a

mining group but your neighbors did?

This is what will happen… 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 14/34

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 15/34

Mining Act of 1995Mining contractors were given the following rights:

exclusive right to extract all minerals in the area

the right to mine the area for a period of 25yrs & below

the right to cut trees or timber needed for the operation

the right to use explosives for mining operations

the right to occupy the area

In return, the government will get 10% royalty (excise tax). 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 16/34

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 17/34

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 18/34

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 19/34

An aerial shot of the gold mine discharge on a shore of Mindanao

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 20/34

An aerial shot of the gold mine discharge on a shore of Mindanao

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 21/34

Suggested alternatives :

1. Tourism

Enhance our environment and profit

from tourists instead of this… 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 22/34

Sagittarius Mining in Koronadal, Sultan Kudarat.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 23/34

Suggested alternatives :

2. Agriculture

Develop agricultural lands and support

farmers instead of this… 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 24/34

A mine site in North Cotabato

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 25/34

Suggested alternatives :

3. Marine Resource Development

Support fishermen by conserving and

developing marine resources instead

of this… 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 26/34

Fish kill due to mining chemicals washed ashore.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 27/34

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 28/34

“We do not inherit Earth from our Ancestors,

we borrow it from our Children.” 

- Chief Seattle 

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 29/34

Memorandum of Agreement on Ancestral Domain(MOA-AD)

An accord between the GRP and MILF delineating social,

geographical, political structure of the Mindanao Muslims vis-

à-vis the Philippine body politic.

GRP = Government of the Republic of the Philippines

GPH = Government of the Philippines

MILF = Moro Islamic Liberation Front

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 30/34

PRINCIPLE

It is the birthright of all Moros and all Indigenous

peoples of Mindanao to identify themselves and be

accepted as “Bangsamoros”.

TERRITORY

the land mass as well as the maritime, terrestrial, fluvial

and alluvial domains, and the aerial domain, the atmosphericspace above it, embracing the Mindanao-Sulu-Palawan

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 31/34

GOVERNANCE

BJE is the system of governance that shall beentrenched in the Bangsamoro ancestral domain

(land, sea, and air) after the signing of the

Comprehensive Peace Compact and Charter change.

BJE = Bangsamoro Juridical Entity

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 32/34

In 2008,

the Supreme Court deemed unconstitutionalthe MOA-AD.

Arroyo dissolved the peace panel and

declared “NO MORE TALKS.” 

MILF attacks on civilians ensued.

One of the largest casualty reported

was in Lanao del Norte.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 33/34

Today,

another round of peace talks

are offered by the GRP to the MILF.

8/4/2019 ss74

http://slidepdf.com/reader/full/ss74 34/34

Activity:

Get a pair.

Imagine you were given a chance to ask questions to the

President.

Formulate 6 questions related to the 3 topics discussed

(IPRA 1997, Mining Act 1995, MOA-AD).