Siocon, Zamboanga del Norte – A tearful drama of joyful emotions was the scene among the descendants of Apu Manglang, and members of the greater Subanon territory that is the Pito Kodolongan (Seven Rivers) after the Certificate of Ancestral Domain Title (CADT), which covers 8,213 hectares, including Mt. Canatuan, Siocon, Zamboanga del Norte were awarded through Timoay Jesus Boy Anoy following five years of delay.

Personnel of the National Commission on Indigenous Peoples (NCPI) headed by Hector L. Sumiton, OIC Admin, turned over the titles during the harvest ritual or thanksgiving conducted at Sitio Paduan, Brgy. Candiz, Siocon, Zamboanga del Norteon last May 26, 2008.

“The issuance of CADT is also considered the beginning of our normal and peaceful life because we had already the assurance of security among us the Subanon tilling, this time, our very own ancestral lands,” Timoay Boy Anoy stated as he held the titles and other pertinent documents with his right hand.

For some time now, the groups of Timuay Anoy have been persistently asserting their rights as indigenous peoples against TVI Resource Development Inc. who are still operating an open pit mine within their ancestral domain without their consent, and in cohort with the government agencies and bureaus which facilitated these violations.

It will be recalled that there are documents being made and submitted by the seven organizations to the Committee on the Elimination of all Forms of Racial Discrimination (CERD), the Comments on Government of the Philippines Response to CERD Early Warning Urgent Action Procedure regarding discrimination against the Subanon of Mt Canatuan, Siocon, Zamboanga del Norte, Philippines, in the context of large-scale gold mining on their ancestral domain during the 71st Session on 18th February – 7th March 2008 of the Committee on the Elimination of all Forms of Racial Discrimination.

ORGANIZATIONAL AND STATISTICAL DATA ON SUBANEN PEOPLES

Apu Manglang Glupa’ Pusaka (AMGP) is the Subanon community which holds the relevant Certificate of Ancestral Domain Title, covering 8,213 hectares, including Mt. Canatuan. They are the descendants of Apu Manglang, and members of the greater Subanon territory that is the Pito Kodolongan (Seven Rivers).

Tupo Nog Pito Kobogolalan Pogokbit Nog Gulal Sog Pito Kodolongan (Gukom of the Seven Traditional Councils of the Seven Rivers), or simply Gukom, is composed of the timuays of all the dulongans, or rivers, of the southern regions of the Bangsa Subanon (Subanon Nation). The Gukom sits as a judicial body of the Subanon traditional justice system. The Gukom hears and decides controversies involving different Subanon Timuay within the Seven Rivers area, or those affecting the whole region. Pigsalabukan Bangsa Subanon (PBS) or Confederacy of the Subanon People is an organization of indigenous Subanon people in the whole Zamboanga peninsula. It aims to unite, empower and improve the lives of the Subanon people by securing their rights and control over their ancestral domain and exercising self-governance based on their culture and tradition in their territories

Legal Rights and Natural Resources Center /Kasama sa Kalikasan/Friends of the Earth Philippines (LRC-KsK/FOE Phils.) is a policy and legal research and advocacy institution. The Center's main advocacy has been the recognition and protection of the rights of indigenous peoples, rural communities and other long-term occupants of forests and uplands should be the main, if not the primary components of any program on sustainable development.

Tebtebba Foundation Indigenous Peoples’ International Centre for Policy Research and Education is an indigenous peoples' organization born out of the need for heightened advocacy to have the rights of indigenous peoples recognized, respected and protected worldwide

Indigenous Peoples Links is a human rights organisation based in the United Kingdom and founded in response to a request from Indigenous organisations in the Philippines. It is focused on providing support for Indigenous Peoples in the protection and promotion of their rights

Irish Centre for Human Rights is dedicated to the study and promotion of human rights and humanitarian law.

These said organizations are helping closely to the Indiginous People in their fighting aginst the human right violators and introders of their ancestral land and were also attended during the conduct of Harvest Ritual and the turn-over of CADT together with Save Siocon Paradise Movement (SSPM), DIOPIM Committee on Mining issues (DCMI), Mining Watch Canada (MWC) and Media personalities from Ozamiz City and Pagadian City.

This is the Philippine Government response to the concerns of the Canatuan Subanon about the failure of the Government and its agencies to uphold its international obligations and even it’s national laws to protect and uphold Indigenous Peoples rights relies on highly selective reporting, the omission of certain crucial information and is in effect a misrepresentation of the facts. It reflects the general problem of Philippine indigenous peoples in relation to securing justice and the underlying discrimination they persistently face within the Philippines.

The Subanon submission to the UNCERD is an attempt to bring to light the abuses and complicity in abuses committed by Government and Mining Company in an attempt to pierce the impunity with which they habitually proceed. The government response claims that the Canatuan Subanon has freely taken decisions to accommodate mining and that they have even replaced their indigenous decision making processes and leadership with ones of a modern character based on the so called Siocon Subanon Association. The government response laments “internal strife and leadership crisis hounded the IP community and has also affected the registration process of the certificate of ancestral domain title.” The Government report however nowhere seeks to explain the role of the mining company and government agencies in the generation of this “internal strife”.

Reasons why NCIP has failed to register the CADT

The legitimacy of Timuay Jose Anoy, who attended the UN CERD 71st Session, as the recognized Subanon leader representing the Subanon of Mount Canatuan was recognized by the Government of the Philippines. This was evidenced by the fact that the President of the Philippines GMA herself handed him the CADT, on behalf of his community, in a ceremony on June 12, 2003 at the Southcom, Zamboanga City. However, despite repeated efforts by Timuay Anoy and others to have their title registered the National Commission on Indigenous Peoples (NCIP) has failed to do so. The title paper was, after presentation to Timuay Anoy, immediately taken back by the NCIP officials present, nominally for registration with the Register of Deeds. Despite repeated follow up by Timuay Anoy and others this simple technical matter was delayed for 5 years thereby preventing the Subanon from fully exercising their rights. Official NCIP memos explaining the reasons for this delay contradict the Governments responsei. The NCIP has effectively obstructed the release of the CADT. It is believed it has done so because Timuay Anoy remains opposed to the mining operations. It was recalled that immediately following the enactment of IPRA in 1997, the Subanon under Timuay Boy Anoy applied to have their CADC converted into a CADT. The CADT was issued to Timuay Anoy in 2003 by the President GMA. In contradiction to the Government response atrtributing the delay to the Subanon, an official Memo from the NCIP Ancestral Domains Officers Myrna Caogas on the status of the CADT registration stated hat the delay in registering was caused by the inter-agency process of clearing the issue on overlapping of title within the ancestral domain. As of june 5, 2007, there was a memo addressed to NCIP Region 9 to proceed with the registration as there is no more hindrance to do so.

Last update : 09-06-2008 16:39

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