Indigenous Peoples Rights Act of 1997 – as well
as in numerous administrative guidelines. The
current FPIC process is implemented through an
Administrative Order that has penal provisions
and the force of law.
FPIC is required for all externally introduced
activities, including commercial initiatives,
development projects, researchers, surveys,
meetings, and in some instances, even taking
photographs of indigenous peoples.
How has it been implemented?
Most, if not all development activities, i.e. mining,
logging, pearl farms, that have been subjected to
FPIC have been able to proceed.
However, there have been some successes in
using FPIC for communities to regulate bioprospecting. For example, Datu Vic Saway filed a
case versus the National Museum concerning the
illegal gathering of floral samples in Mt. Kitanglad.
Similarly, some communities that refused to go
through the FPIC process have been successful
in rejecting the entry of most development
activities. The Aetas of Pastolan, Zambales,
denied the construction of a gold course by
continuously saying no and refusing to engage
the government.
Pitfalls of the FPIC
n FPIC has become an instrument used
by the government to deny the right
of self-determination of indigenous
communities.
n Junk science and other deceitful means
have been used to derail genuine FPIC.
For example, drawing a line separating
the boundary of a mining claim versus
an ancestral domain claim excludes the
indigenous community from demanding
an FPIC. Or the use of deceitful information
so an IP community would allow the entry
of a mining corporation.
n FPIC has divided communities and
damaged people’s cultural ties by using
non-traditional processes, such as voting
for a simple majority in lieu of consensusbuilding.
n FPIC has exerted extreme stress on
communities, who are forced to make
hasty decisions within a very short
period of time, hindering them from the
benefit of sustained and comprehensive
consultations to gain information and
gather consensus.
n The FPIC process has shown its vulnerability
to hijacking by big businesses wanting
a favorable decision. For example, the
FPIC’s implementing rules and regulations
have been reviewed and amended at
least twice upon the insistence of the
mining industry, which feel that securing
FPIC takes too long for a company.
Consequently, the FPIC timeframe has
been shortened from 120 days to 90 days.
n Extreme poverty, exacerbated by the
lack of government resources, has made
communities vulnerable, affecting their
resolve in conducting genuine FPIC. To
illustrate, mining companies shoulder the
the costs for the filing of ancestral domain
claims, as well as logistical requirements
for an FPIC. Schools, water systems, and
livelihood support have been doled out
to secure favorable decisions in the FPIC
process.
Lok Niti
115
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