and it was heralded by the mining industry as the
renaissance of the industry in the country. The
new Mining Law provided a host of incentives to
attract investors to establish their operations in
mineralized areas in the country. These included
fiscal incentives such as tax holidays, liberal profit
sharing arrangements including allowing 100%
foreign equity. Further, auxiliary rights consisting
of (1) Timber Rights, and 2) Right of Way and
Easement were afforded to investors.
Throughout the terms of three Presidents: Fidel
Ramos, Joseph Estrada and Gloria MacapagalArroyo, the promotion of the mining industry
was a major priority. In fact, the government
adopted even the official line that “Mining shall
be the main driver of development for the new
millennium.”
The Mining Act of 1985 has had the biggest impact
on the land rights of indigenous peoples. Majority
of mining applications and operations are found
within ancestral domains and in environmentally
critical areas. Serious conflicts have arisen due to
the establishment of a parallel and more powerful
governance structure by the mining corporations,
which often marginalized the traditional
authority of the indigenous community. Further,
the environmental destruction and introduction
of alien value-systems into the ancestral domain
of the peoples often resulted in violence and
conflicts.
Emergence and Establishment of ECOZONES
Special Economic Zones or ECOZONES are
selected areas in the country that are transformed
into highly developed agro-industrial, tourist/
recreational, commercial, banking, investment,
and financial centers, and where highly trained
workers and efficient services will be made
available to commercial enterprises.
This began with the enactment of the Bases
Conversion Act of 1992 or Republic Act No. 7227
which mandated the conversion of US Bases
in the Philippines into other productive uses
to promote economic development in Central
Luzon and created the Subic Special Economic
Zone, Subic Base Metropolitan Authority (SBMA)
and the Clark Special Economic Zone. This law
paved the way for the growth of more ECOZONES
through the enactment of the Special Economic
Zone Act of 1995 or Republic Act No. 7916.
The first ECOZONES in the country were
established in ancestral domains. As in the case
of the Mining Act, new and more powerful
governance structures and planning modalities
were put in place, which supplanted the existing
traditional leadership structures and resource
management arrangements of the affected
indigenous communities. Moreover, these new
ECOZONES did not recognize the rights and
ownership of the IPs over their ancestral domains.
The Indigenous Peoples Rights Act (IPRA)
In 1997, the landmark legislation known as the
Indigenous Peoples Rights Act (IPRA) was enacted
to recognize, protect and promote the rights
of indigenous peoples. It is well-documented
and there is evidence that centuries before the
creation of the Philippine State, the various
indigenous communities in the archipelago
had been managing these resources since time
immemorial through their traditional knowledge,
systems and practices. This provided a venue
and legal backbone for the recognition of the
traditional rights of communities over their
ancestral domain.
The IPRA is seen as the most radical policy reform
with regard to tenurial security of indigenous
peoples in the region. The IPRA goes beyond
Lok Niti
103
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