No community consent? House probe sought into mining activities in Bataan

MANILA — A House resolution has been filed, seeking an inquiry into reported exploration and mining activities in Mount Pantingan in Bataan allegedly without the consent of affected Indigenous Peoples communities.

Mamamayang Liberal Party-list Rep. Leila de Lima filed House Resolution No. 1569, aiming to look into the reported exploration and mining activities of Bataan Balanga Mineral Corp. and Benguet Corp. (BBMC-BC) in Pantingan Peak, which Ayta Magbukon communities of Limay, Bagac, Mariveles, and Orion said affect parts of their ancestral domain. 

The resolution seeks to examine the validity of the mining permits, its compliance with the Free, Prior and Informed Consent (FPIC) requirement and other applicable laws and regulations, and the protection of Indigenous Cultural Communities’ rights.

Republic Act No. 8371, or the Indigenous Peoples’ Rights Act of 1997, states that IPs’ ancestral domains shall not be sold, disposed or destroyed. Activities like mining on ancestral domain requires consent from the IP communities living on it.

De Lima’s office said hot water, sulfur-like odors, and muddy discharge were reportedly observed in the vicinity of certain exploration holes.

It also said exploration and mining can degrade the forest, disturb wildlife, impact access to water, food and livelihood.

De Lima said it remains unexplained how the Mines and Geosciences Bureau reportedly approved the renewal of the Mineral Production Sharing Agreement in Pantingan Peak despite the supposed absence of community consensus and alleged deficiencies in the FPIC process.

She said there had reportedly been no final decision on renewing the deal after three general assemblies to discuss it.

But the BBMC-BC reportedly secured a 25-year renewal of its MPSA permit through the Department of Environment and Natural Resources and the MGB.

De Lima that would require a prior certification from the National Commission on Indigenous Peoples, which may only be issued upon the free and prior informed and written consent of the indigenous communities concerned.

The Philippine Mining Act of 1995 also requires the prior consent of the affected Indigenous Cultural Communities before any mineral agreement may be granted within ancestral lands.

De Lima stressed indigenous communities should be properly consulted on activities that may affect their ancestral domains.

“Hindi pwede yung mga konsultasyon na ningas-kugon lang – sisimulan o gagawin para lang masabi na tumalima sa batas, pero itutuloy pa rin ang proyekto kahit walang pahintulot ang komunidad,” she added.

(Consultation cannot be only for show, with projects proceeding even without consent from the community.)