Saturday, June 28, 2008 Commission scolds mining firm for interference By Ben O. Tesiorna
THE National Commission on Indigenous Peoples (NCIP) admonished the international mining corporation BHP-Billiton for allegedly interfering with the affairs of the indigenous peoples in Barangay Cabuaya, City of Mati.
NCIP Regional Director Roque Agton Jr. reminded BHP-Billiton Philippine Country Manager Troy J. Charlton in a letter dated June 16 that it is prohibited from "exploiting the noticeable divergence of opinion between/among indigenous peoples."
"Please be advised that such act is not in accordance with the spirit and intent of RA 8371 (Indigenous Peoples Rights Act)...we strongly admonish your company for directly or indirectly interfering in purely internal affairs of our IP communities in the City of Mati," Agton said.
The NCIP official added that their office would not allow the IPs to be involved in the legal controversy between the BHP-Billiton and Asiaticus Management Corporation (Amcor), especially since the case is now pending before the court.
The NCIP letter stemmed from the May 27 letter of BHP-Billiton to NCIP chair Eugenio Insigne regarding the alleged non-representation of some tribal communities in the memorandum of agreement entered into by the IPs with Amcor in Macambol and Cabuaya on January 7, 2002.
"It should be noted that Resolution 230 does not appear to represent all IPs who are the party to the MOA (i.e. the Manobo tribe does not appear to be represented)," Charlton said.
Charlton also claimed in his letter that the "declaration of support" and the "free and prior informed consent" the IPs granted to Amcor had already been conveyed, assigned, and transferred to Hallmark Mining Corporation and Austral-Asia Link Mining Corporations by way of deed of assignment.
Hallmark and Austral-Asia are the mining corporations created by BHP-Billiton and Amcor for their joint venture agreement (JVA) in the Pujada Nickel Mining project in the City of Mati.
The NCIP director, however, said the JVA entered into by Amcor and BHP-Billiton "is not officially registered" with the Ancestral Domain Office of the NCIP.
"Thus insofar as we are concerned, it is an agreement between yourselves, and Amcor remains our obligor-party to the 2002 MOA complying with all its obligations which demand immediate mining operations so that royalties and other benefits due to the owners of the ancestral domain be allotted to them," Agton said.
Amcor and BHP-Billiton are presently locked in a legal battle after Amcor rescinded its JVA with BHP-Billiton last year over the foreign-mining company's failure to comply with its reciprocal obligations.
