The tribal councils of Higaonon from remote villages in Iligan city gathered in a general assembly, March 13-14, 2007 at Midway resort, to find resolutions on major issues that affect them.
These are resolving land boundaries using the 3-dimensional model Map; issues and concerns affecting CADT claim; strengthening cooperation, participation and leadership of claimants; IEC regarding legal clarification on legal issues arising from CADT application; action planning on CADT application and other matters.
Regina Antequisa, executive director of EcoWeb, Inc., a non-governmental organization, emphasized that “relationship may hinder the effective processing of our CADT noting that despite the 7 tribal councils within four barangays, disunity among them is daunting. Thus, the need to harmonize the relationship and expectations of the tribal council and those who helped intervened for the resolution of primary problems of the tribe.”
The assembly was also an avenue of the tribe to review the principles that buttressed the application for CADT and for them to reflect on the experiences and insights of other indigenous peoples groups applying for CADT.
Bae Norma Rivera of Panagtagbo shared her insights on the struggle of indigenous people for right to self-determination and the position of the coalition against their inclusion to Bangsamoro claim. She also encouraged them to participate in development plans for them avail the social services of the government.
“Our culture is dead, and if it’s dead our problems can’t be felt,” she said.
In assessing the status of the claim for ancestral domain, Mr. Quini Gine Areola of NCIP Region 10 discussed on the prior rights of the indigenous peoples over their ancestral domains; its governing self-delineation and governing principles; the traditional and customary rights and system of resolving conflicts; and the issues revolving ancestral domain claims. After this overview, he asked participants to group themselves.
Below are the problems and proposed resolutions identified and determined by the tribe councils:
1. overlapping of political boundaries in Limunsudan and Bukidnon; Kauyunan, Binasan and Opol
-problem on traditional boundaries (Basak, Binasan and Magayad)
-the community must declare and stand that they’d participate in CADT application in Iligan
-conduct IEC
-problems be solved via traditional customary laws
-consult the people in Magayag
-make a resolution that the tribal council asked the LGU to solve boundary conflict and to provide basic social services to the community
-solve the root causes of problems that lure IPs to find opportunities with mining and logging including the issues on selling of parcels of lands
2. overlapping of tenurial instruments (Limunsudan CBFMA; IFMA 005 owned by Sy family is within ancestral domain in Panorogangan and Rogongon; and CLOA owned by Alonto family)
-on IFMA: area of IPs be surveyed by LGUs; IFMA be recommended for cancellation because it affect our peace; it affects our livelihood, sacred ground; need unity
-on CLOA:-include the land covered by CLOA for delineation; allow them to harvest for 25 years and this be reclaimed for CADT; counter-claim an be filed later
-CBMFA- a resolution that CBMFA be included in the application for CADT (if applicants are IPs, land can be covered with CADT; if non-IPs are applicants, this will be subjected for FPIC
3.mining (presence of Impala mining, Pearl Asian and Dimansayka company in Ikog area with military’s participation )
-verify mining permits; those that have not passed the process of FPIC should be halted or disallowed to enter in the area; while CADT is on process, mining application be stopped;
Needs more EIC on mining and IP rights
4. selling portions of CADT and entry of migrants, including entry of mining operation like in Ikog and Magayad
-should be penalized based on our customary laws of the Lumad
-consult Datu Magayad should be penalized if proven guilty
5.bangsamoro homeland
-we should not be tied with the claim for bangsamoro homeland
-make a position paper of the tribal councils of their unified position for CADT and position to exclude the ancestral domain from Bangsamoro homeland
6. overlapping of political boundaries (e.g. sitio Magayad as part of Rogongon plan of transferring its political jurisdiction to barangay Dinsolihon of Cagayan de Oro city due to job opportunities out of mining.)
--on IFMA: area of IPs be surveyed by LGUs; IFMA be recommended for cancellation because it affect our peace; it affects our livelihood, sacred ground; need unity; need insights from other experiences(research)
7. lack of knowledge on IPRA (covering communities in Indulang, Lantud and Tinuntungan)
-conduct IEC
8. undefined roles and functions of traditional council
-Conduct workshop and consultation
9. entry to contracts (MOA) without consultation of the concern people
-Consensual decision
Engr. Venerando Bordoes, city planning officer, said that the issues on boundaries can be resolve by authorities in Iligan city.
The tribal councils with NCIP, city engineer and non-government development workers also gathered around the tri-dimensional map of the CADT. They discussed their CADC’s delineation.
They also discuss matters relating to leadership.
Carino Antequisa from Cafod, hope that the tribe’s title be secured the fastest way possible for them to enjoy these rights. It’s only today that the tribe can have a title as a collective entity, not as an individual. Its also a big opportunity for them to plan for the development of your ancestral domain. It is also in your lands where needed resources can be availed. IPs now are marginalized by developments.
“Your lands can be mine provided you consented. Threats can be resolved by your unity. May you strengthen your organization in the spirit of sharing and openness.
IFMA is a resource utilization instrument. In this case the subject is the forest. MPSA is another resource utilization instrument. CADT is a tenurial instrument. What is the implication? An IFMA area can be within a CADT.”
Usually lawyers argue that “your land is yours, IFMA is ours. We can resolve that by having IFMA to your benefit.” Remember the state owns the resources. The government’s role is primarily to mediate. It is important that you will have strong principles like asserting the loss of your sacred sites, your hunting grounds, and your practices within the CADT areas and desecration of our land marks.
Antequisa advised them on matters related to mining:
-don’t consent on mining without prior information
-consult lawyers
-mining divide communities
-if you’d negotiate, you will be plague with many offers
-there is a right for egress and ingress under IPRA
-1% royalty for IPs aren’t given exactly
-must have an accountant-consultant to make appropriate value judgments?
Dir. Tommie Labaon form NCIP Region X also shared some important points for CADT claim:
-is this claim by Lumads?
-do they have time immemorial possession? Do they practice their customary practices?
-basis for domain is the traditional landmarks and our lands; not the political boundaries.
on leadership
- there is a head claimant (this does not mean that he is empowered to make contracts. He is just a representative in he processing of CADT
- leadership structure- overlapping of structures of the barangays and of the traditional structures. In claiming CADT, the traditional leadership only is recognized.
- honorary datus are not traditional leaders
regional office give guides, technical supports, facilitate to unify the community, meetings
Ecoweb- financial support and community facilitations but demands peoples’ participation
for NCIP- you still lack knowledge on the role of NCIP for CADT claim
At the end of the assembly, they were able to craft their activity plans. (Copy can be accessed from Ecoweb Inc.)
They also identified the chief and head claimants of CADC in Binasan, Rogongon, Magayad, Limunsudan, Kalilangan, Panoroganan and Mainit.
The two-day assembly ended with an evaluation and a prayer.
For more informations on this matter, please get in touch with EcoWeb Inc.
email:
ecoweb@gmail.comfone: 063- 2210322
