Brgy. Tiguma, Pagadian - More than 50 Subanen leaders & traditional chieftains of Zamboanga Peninsula have gathered here to draft their own guidelines for the Free and Prior Informed Consent (FPIC) process to be undergone by prospective multinational corporations planning to enter their ancestral domains. This is in response to their frustration with the NCIP FPIC Guidelines of 2006 which had only led to a higher incidence of development aggression in Subanen territories brought about by mining and

other resource extractive projects.

While this is happening, several Mangyans from the island of Mindoro in Southern Luzon enter the 6th day of their hunger strike in Manila in protest of FPIC violations by the DENR in its issuance of an Environmental Clearance Certificate to a nickel mining project in Orriental, Mindoro.

FPIC is the process involved whenever there is a third party with an intention to conduct an activity within the domain of the indigenous peoples territory.  The NCIP is the institutional body mandated to facilitate such kind of process.  The Indigenous Peoples Rights Act provided for this process for the recognition of the indigenous customs, practices and self-governance that differ greatly from the mainstream and colonial practice of decision making.

NCIPs 2006 FPIC Guidelines provides for a faster and simplified process for applicants to obtain the FPIC of affected indigenous cultural community (ICC) as well as the certification precondition or clearance from NCIP while protecting the rights of the Indigenous Cultural Communities(ICCs).  It has become more of a tool to facilitate the entry of mining and other extractives projects that for protection of IPs to their ancestral domain.

Twelve years has passed since the enactment of the IPRA but the indigenous peoples are still very much in the struggle in asserting their right to self-determination and genuine recognition.  NCIP’s 2006 Guidelines clearly highlights how lowly the government appreciates indigenous culture, traditions and systems of governance.

The Mangyan Hunger Strike

The Mangyans of Mindoro and the Subanens of Zamboanga Peninsula have one thing in common; both have been duped by the NCIP on the granting of FPIC to large-scale mining companies.

NCIP facilitated a FPIC process with the Mangyans in the island of Mindoro in favor of mining company Crew Minerals with a minority group of Mangyans where the impact area covers almost the entire ancestral domain of the Mangyan indigenous peoples, disenfranchising a big majority of the affected indigenous people.   The Norwegian Ambassador to the Philippines in 2007 conducted an investigation and noted that “with regards to the Mangyan Peoples, the vast majority is strongly opposed to any form of mining in their areas – and there is substantial discontent with Crew Minerals.”  Clearly in contrast with the NCIP’s pronouncement and recommendation providing Crew Minerals the Certification Precondition.

Subanen FPIC

NCIP in the FPIC process with the Subanen’s of Zamboanga Peninsula smoothen the process for mining company TVI Pacific by acquiring consent with pseudo representatives and leaders of the Subanen tribe with allegations that NCIP themselves created such group for TVI was being strongly opposed by the legitimate leaders of the Subanen tribe.  The awarding of the Certificate of Ancestral Domain Title (CADT) in 2006 to Timuay Jose Anoy as the legitimate leader of the Subanen tribe exposed NCIP’s deliberate effort to divide and malign the Subanen indigenous community.

The Subanen conference is a result of various consultations from and among the 11 Subanen indigenous territorial leaderships in the Zamboanga Peninsula to address the actual impact of the FPIC Guidelines that ironically has become an instrument in the facilitation of resource extractive industries into their lands rather than a mechanism to strengthen and respect indigenous decision making processes.  NCIPs 2006 FPIC Guidelines undermines the right to self determination of the indigenous peoples for it does not recognise Subanen’s long entrenched traditional customs, traditions and system of governance.

The gathering which shall be held for 2 days will discuss the FPIC crafted by the NCIP in 2006.  The delegates will also ponder on the superficial character of the 2006 FPIC Guidelines.   Timuay Codium, V. Sagon, head of the conference from Zamboanga del Sur, said “the 2006 FPIC Guidelines clearly disregards and undermines the rich experience of our traditional community in the aspect of leadership, governance and decision making processes.”  “In this conference we will try to consolidate and institutionalise among ourselves on how should we as a community appreciate the entry of development projects in our ancestral lands based on our customs and tradition.  Consequently, we want the government to acknowledge and respect the result of this process as an expression of our right to self-determination”, he adds.  The result of this conference aims to provide recommendations to the NCIP and other concerned government institutions for the just and proper appreciation of what is stated and within the wisdom of the Indigenous Peoples Rights Act (IPRA).

Subanen’s critique to the 2006 FPIC Guidelines ranges from serious allegations against NCIP to simple ignorance in appreciating indigenous cultures, traditions and systems of governance.  They have been accused of transacting with illegitimate tribal leaders by cooptation and corruption; executing and facilitating FPIC processes which is leading and with the obvious agenda of the proponent mining company at hand.  What is also clearly missing in the 2006 FPIC Guidelines is the spiritual aspect in the consent process inherent with the Subanen tradition for example which only a legitimate leader or balyan (religious leader) can only execute.  

For more information please contact:

Carl Cezar C. Rebutta - This e-mail address is being protected from spambots. You need JavaScript enabled to view it ;

Rommel De Vera - This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Ronald A. Gregorio -  This e-mail address is being protected from spambots. You need JavaScript enabled to view it