Mining: How it influenced the Division of Tribes among the Indigenous People

A Case Study Submitted to

The Faculty of the Social Science Department

College of Arts and Humanities

Palawan State University

In Partial Fulfillment of the Requirements

for the course PSM 2 – Introduction to Philippine Politics and Governance

Second Semester, AY 2022-2023

BAYLON, Owen A..

April 13, 2023

 Table of Contents

Title Page 1

Table of Contents 2

Abstract 3

Introduction 4

Case Evaluation 6

Proposed Solutions 9

Conclusion……………………………………………………………………………………………….10

Recommendation…………………………………………………………………………………….….11

Implementation………………………………………………………………………………….…….…12

References……………………………………………………………………………………………….13
 Abstract

Throughout the next years, there will likely be a significant increase in demand for raw
materials as we go towards the post-pandemic transition. International mining companies have
expressed interest in the Philippines' natural resources. Several instances, however,
demonstrate how the government fails to enforce its own laws and does not punish individuals
who do not follow them. Moreover, the reckless mining activities led to the expulsion of
indigenous peoples and the destruction of their livelihoods. Any nation's mining sector must
supply sufficient quantities of high-quality mineral resources to support its economy. Besides the
criticisms, mining continues to be very important to the growth of our nation's economy. This is a
result of the financial incentives provided to the nations involved in both domestic and foreign
resource extraction. While these countries have wide access to foreign currency globally, they
also create jobs and wealth domestically. The opinions of the people seem unheard by those in
the higher position, and whether or not the implementations were fully proper, this has been a
problem whenever it involves a mining facility. The idea of inclusive governance seems
meaningless since it doesn't promote and put into practice policies that address social
inequities, especially when they affect underprivileged and other vulnerable areas. In order to
address the issue of Native tribes' inclusion, a proactive strategy will be required, including
steps to incorporate the influence of individuals in positions of authority and promote more
openness and accountability. Adopting laws that restrict the concentration of political power is
vital to draw attention the issues brought forth by the masses concerning their situation.
 Introduction

Many countries resort to a variety of methods to utilize natural resources in order to

achieve economic growth. Mining is one of these activities. It presents a major and extremely
targeted risks to biodiversity. Yet mining may also be a source of finance for additional means of
subsistence that, in the long term, may prevent the loss of biodiversity. “Prospecting,
exploration, construction, operation, upkeep, expansion, abandonment, decommissioning, and
repurposing of a mine are just a few mining processes that can have a range of direct and
indirect consequences on social and environmental systems, both positive and bad. The
environmental impacts that may result from mine exploration, building, operation, and
maintenance include deforestation, erosion, pollution and modification of soil profiles,
contamination of neighboring streams and wetlands, an increase in noise level, dust, and
emissions, to name just a few.” (Haddaway et al., 2019). On the other hand, it may impact
people and civilizations in both beneficial and problematic ways. A few examples of the
undesirable ones include the effects on human health and living conditions. It is generally
recognized that mining affects land use issues, a number of social repercussions, including
those on public health and welfare services, as well as Indigenous cultures of nearby
communities. Mining often has a favorable impact on local economies by increasing job
possibilities.

People tend to adapt and get better as time goes on, but new challenges and problems
also seem to appear. It makes sense to apply this idea to the government, as higher-ups are
increasingly trying to use information and data to address existing problems or difficulties. The
use of data collection, technology, and social media platforms to promote social organizations,
interpersonal connection, and the transmission of information is what defines the way
information operates in the modern day. Yet, it appears that as the economy grows and the
reach of technology spreads, the voices of the majority have shrunk proportionately, and more
levels are being added to the hierarchy of representation, separating people from the sense that
they can influence governmental choices. If the voices of the masses here in the city can’t be
heard by those within the government, how much more those who belong to the native tribes,
who lack the technology to catch up with the current news, even if there have been meetings
held, can their concerns regarding the issues of the mining facilities be accommodated? These
are the concerns that numerous indigenous Palaw'ans have expressed over the expansion plan
and the mining of nickel from their ancestral area in the towns of Rizal and Bataraza.
 "In the Philippines, there are over one hundred ten ethnolinguistic groups, and they
make up roughly fifteen percent of the population. The majority of them reside in mountainous
and coastal regions. Thirty percent of our country is mineralized, including parts of the highlands
inhabited by those tribes, or nine million square miles." (WRM, 2011). In which the Republic
Act No. 8371, established the National Commission on Indigenous Peoples (NCIP). In terms of
their values, institutions, and way of life, as well as the recognition of their rights to their
ancestral lands, people who are members of Indigenous Cultural Communities (ICCs) or
Indigenous People (IPs) have the best interests that the NCIP strives to safeguard and promote.
The NCIP is also the principal government entity in charge of formulating and enforcing policies.
In order to defend the rights and welfare of the IPs, policies, strategies, and programs must be
developed that take into consideration their ancestral lands, their right to self-determination and
empowerment, as well as society's obligations to uphold justice, human rights, and cultural
heritage.

Concerns and objections that were made during the epidemic have come to light,
exposing the government's incompetence. Complaints about being mistreated, unclear
information being provided, a lack of consultations, and systemic disarray. Even the absence of
adequate consultation demonstrates their inability to offer the public quality services. The
pandemic is when they are most needed, and NCIP was meant to be on their side. But, at that
period, the system appears to have taken a significant turn. There are no apparent solutions to
their issues, and perhaps their concerns are not being heard because higher ups are not paying
attention. The idea of inclusivity and information accessibility seems to be lacking. This study
will shed light on the issue of how mining companies affected the ideals of inclusiveness and
information accessibility as well as the beneficial benefits and the division of tribes during the
epidemic.
 Case Evaluation

A group of Palaw'ans in the Municipality of Rizal has expressed concern over a mining
firm that wants to increase its activities at Mt. Bulanjao. Ancestral estates in the Palawan towns
of Rizal and Bataraza are part of the Rio Tuba Nickel Mine Corp.'s initial development plan.
Since then, the business has opted to divide the application into two. The Mines and
Geosciences Bureau accepted the 3,548-hectare claim in Bataraza in 2019. (RTNMC, 2021)
emphasizes that the application for the 667-hectare claim in Rizal was delayed since the mine-
rich area is off-limits according to a Palawan conservation ordinance.

The Rizal Pala'wans are indeed concerned about events that might undermine their
claim to their ancestors notwithstanding the postponement. The tribe holds a Certificate of
Ancestral Domain Title over 69,600 hectares of their land, which stretches from the mountain to
the sea (CADT). Their territory as well as the relationships with other indigenous peoples are
now in peril because to Rio Tuba's plan to mine Mt. Bulanjao.

“The "Free, Prior and Informed Consent" (FPIC) of the indigenous peoples involved is
required prior to the acceptance of mining applications that cross ancestral lands. They weren't
adequately consulted, according to Silnay, who is knowledgeable with the legislation relating to
mining and indigenous peoples.” (Ilagan et al., 2021). On September 24, 2021, tribal leaders
and members in the Rizal villages of Panalingaan, Latud, and Taburi requested inclusion in
discussions in a letter to the NCIP.

The tribe leader of one of the towns that encompass Mt. Bulanjao was dispirited by the
idea that, they were once unified by their beliefs, cultures, and traditions. They were once
united, but mining divided them.

In this situation, a 2019 article was essential since several tribes are opposed to the idea
of the mining site being expanded. According to Jeminda Bartolome, president of the Samahang
Magsasaka at Katutubo (SAMAKA), “The proposed extension threatens their way of life and
might poison their main water source. She also made a point of highlighting the potential health
dangers that the mining development may pose to the children from the 300 or so households
that are located near to the mountain range. She said that the Bulanjao forest ecosystem also
gives locals access to non-timber forest resources for subsistence and medicinal uses”.
 The chieftains of these numerous tribes, according to members of these tribes, are the
majority of the indigenous people's delegates to the RTNMC, yet they do not appear to be
listening to their complaints. RTNMC does not acknowledge the general population; only the
chieftains. As the sense of public voice is being suppressed, the situation was disturbing. As a
result, this problem was once again been the issue in the year 2021.

José Bayani Baylon is a spokesman for Nickel Asia Inc., which controls 60% of Rio
Tuba, stated that “the mine's approved location was inside the Bataraza boundary. He asserted
that Rizal town was not invaded by any area, not even a mining buffer. He went on to say that at
Bataraza, all 34 indigenous villages supported the continued operation of Rio Tuba” (Baylon.
2021).

The results of a public hearing in 2019 that Rio Tuba reported to the authorities revealed
conflicting opinions from the inhabitants. For jobs, scholarships, and housing, some people
expressed their gratitude to the corporation. Others claim that their harvest was harmed by
laterite, floods, and waste. Yet, a lot of people questioned whether they could get employment
and when their kids would start working conventional jobs. According to one of the Tribe
Chieftains, Angelo Lagrada, "We gain a lot from that enterprise," in an interview with a local
news site in July 2019.

According to a 2019 report, four chieftains of indigenous settlements around Mt.

Bulanjao support the Rio Tuba Nickel Mining Corporation's (RTNMC) proposed expansion of
mining operations there. "A paper authorizing the expansion was previously signed in 2006",
according to Nonoy Siplan, chieftain of Barangay Taratak in Bataraza town, and it was
supported by each of their local villages. He stated that the RTNMC also offers medical aid,
livelihood programs for communities, and scholarships to their children. "Residents and
indigenous peoples who are opposed are not being acknowledged by the National Commission
on Indigenous People (NCIP) because it is they, all the Bataraza tribal chieftains, who have the
voice and authority. He added that they are also receiving royalty payments from RTNMC."
(Lagrada, 2019).  Brgy. Sumibling’s tribal chief "refuted claims that chieftains are not giving the
other tribal members a fair share from the royalty payments. He further claimed that he was
opposed to mining before but changed his mind after seeing how RTNMC helped his people
and relieved them of poverty." (Corio, 2019). Lastly, another chieftain from Brgy. Rio Tuba
stated that those who are opposing the idea of expansion are only being "dramatic". He claimed
that depending on the advantages they would obtain from the corporation, those who are
opposed to mining may quickly alter their thoughts. (Garnain, 2019).
 A similar case, on a neighboring town was also brought up to come up with a clear
answer. Some southern Palawan villages, including Brooke's Point, are also home to mines that
operate on privately owned property, protected areas, and undeveloped forests. The prohibition
on new mining deals and the restriction on open-pit mining will be lifted by the Duterte
government in 2021, and villagers say they are concerned about their lives and livelihoods,
which are heavily dependent on the land and the trees. The indigenous Pala'wans at Brooke's
Point have been attending nonstop meetings with government officials and representatives of
mining companies who want to extract nickel from their ancestral territory for more than a
month, starting in the middle of June 2021. The CCAs are intended to provide the indigenous
community with a forum where they may learn about the proposed activities and make decisions
on whether to grant the mine their Free, Prior, and Informed Consent (FPIC).

The Pala'wan tribe's elders, women leaders, and youth members want the CCAs to end
after more than a month of meetings, though. They assert that the National Commission on
Indigenous Peoples (NCIP), which they claim is incapable of explaining the conditions of the
activities it wants the IPs to consent to, is failing to safeguard and advance the interests and
well-being of the IPs. Members of the native tribes were disappointed that even the organization
that was supposed to serve and protect them could not clarify its intentions. Confusion was one
of the factors that seems to affect the residents; they think that the lack of given information may
lead them to give their consent to continue the plan. Even the environmental lawyer Grizelda
Mayo-Anda, who attended two CCAs clarifies that the NCIP was not at all clear or definite about
the situation.

At the time, there was obviously a problem with the lack of information around this
matter. There may have been several meetings, but each one lacked a defined agenda,
confusing the locals about the situation at hand. Citizens could express their concerns and
successfully hold the government to account if they had access to information. It is a crucial
weapon for enabling the masses to assert their entitlements and rights. Yet, the ability of
individuals to demand and utilize information, as well as the desire of the government to be
open, both have the potential to contribute to effective governance of access to information.
 Proposed Solutions

In the case of the division of tribes in the municipality of Rizal, meetings or seminars
must be organized with the primary objective of hearing the voices of the people rather than the
words of the representatives. In order for you to come up with a potential solution or advice to
the problem, having sufficient knowledge about the topics under discussion would be a great
foundation. The higher-ups must be held responsible for their actions, particularly the fact that
they favored the chieftain of each tribe rather than listening to the concerns of the vast majority
of the population. The public may hold them accountable for their actions. The people can
express their disapproval of a particular policy or decision through protests, marches, or other
forms of activism, which may urge the government to rethink. While making decisions that will
impact how citizens live, it is essential for decision-makers to keep in mind that public opinion
has a substantial impact on how the public feels about the government. As citizens, we have the
authority to speak up and tell those we choose to act as our representatives what we want them
to do for us.

Those in positions of power should act transparently since the development of mining
sites would have a long-term influence on the lives of the Indigenous people who live in such
areas. The damage would be detrimental to their wellness; therefore, they are expressing their
concerns. People have a right to quality service and to be treated fairly. The government should,
at the very least, provide them enough information about the situation given that we now live in
a more modernized world. Their ability to sustain themselves will be the major problem if this
problem is not addressed.

Well, based on the situation in the municipality of Brooke's Point, the residents must
continue to be vigilant towards the government, empowered in such a way that they are not
easily swayed by the words of those in position and that they seek out concrete plans and
information to fully support their decisions. Over that time, there are several meetings that are
held, but there is never a clear goal or objective. Understanding your position is a sign of a solid
foundation that should be permitted. By demanding clear plans and answers to their inquiries,
people are educated about the situation, leading to a better solution for the future.
 Conclusion

With all that has been stated, we may draw the conclusion that the issue of mining is still
relevant today. Yes, mining has some benefits, most notably providing local residents with
employment opportunities, but the long-term effects on those who live nearby would be
detrimental to their daily lives; the most likely damage is to their health.

The news regarding this issue has shed new light on the abuses that Indigenous people
have suffered at the hands of those in authority. The idea of freedom of speech and expression
has been dismissed as irrelevant and usually only applies to those who are the leaders of tribes
that are favored according to their choices. We also saw a distinct lack of clear and concise
information that may have had a significant impact on the population's choices in the
communities. That resulted to the division of the tribes. With all of that in the way, the most
sensible course of action is to be aware of where you stand and to fight for it. To illustrate this
course of action, consider the situation in Brooke's Point, where the residents were observant to
what the government was saying and patiently waited a reasonable response. Yet, they
received an empty plate, which left them unsatisfied and disappointed to those who organized
the meeting.

Being educated is much more than just being academically inclined; it also entails being
able to identify wrongdoings and take action to correct them or speak up for those around you.
Let others question your criticism of the government because you are speaking up on their
behalf, all citizens, including those who are members of Indigenous groups, deserve the support
of their government. Selecting a capable leader who really embodies your values is an excellent
starting point for building a just system because you can understand for yourself that the person
you desire cares deeply about the people.
 Recommendations

Adoption of a stricter rule regarding the inadequate information provided during crucial
meetings between the government and its citizens, those in charge had previously been given a
lot of time, why do they still engage us with unclear agendas is beyond me. Multiple meeting
planning requires a significant time commitment. Meetings must have a goal and detailed
planning. Individuals have a right to know what the problem is, and it is necessary to respond to
their questions in order to provide them with knowledge that will help them make decisions.

To inform the public about the benefits and drawbacks of specific events occurring in
their community, holding a seminar or public awareness campaign might be a
primary opportunity. This would be a great addition to the notion of what the potential future
consequences of the current condition would be, including whether or not this would have a
significant impact on the lives of the following generations. Also, it may encourage a culture of
involvement and participation, which will make individuals better educated and more
empowered.

Some of those who belong to the native tribes might not be aware of the detrimental
repercussions of poor government. The public can be informed and educated about how it
affects their lives as well as the value of ending the cycle of ignorance. They could also not be
familiar with the political process and may not understand the importance of their vote. By
conducting a seminar or running a public awareness campaign, the general people may be
educated on the significance of voting and how it might affect their life.

The concept of us deserving proper treatment and high-quality services is always shown
because it is the truth. Choosing a representative who deeply cares about the welfare of his
people and does not view their concerns or criticism as "dramatic" would be a great investment
on which your votes should go. A capable leader is one who listens more than they speak, takes
responsibility and acknowledges credit for their efforts. 
 Implementation

The adoption of regulations that would ensure that the government would have sufficient
time for meetings, the discussion of focused issues, and openness that reveals the whole
context of a given situation. An easy strategy that provides an honest response to the citizen's
question.

It would be a tremendous assistance to the ease of the people simply to hold lectures
that enable the audience to ask questions and participate during the discussion; it helps to
dispel any worries or fears they may have. It is possible to add presentations, movies,
infographics, and other resources that might assist enlighten and educate the public on the
detrimental impacts of political dynasties. Promote the seminar or public awareness campaign
through any means necessary.

By doing in-depth background checks on the representatives, a modest effort might be

done to safeguard both your future and that of future generations. Whether you vote or not,
elections have an influence. Voting benefits both our political system and potential election
outcomes. By casting a ballot, we have the opportunity to decide how our system and the
elected authorities should operate after taking the situation into account. Because of this, when
we participate in elections, we are not just choosing particular candidates but also assuring their
long-term viability.
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