The demands associated with these processes render it impossible for the communities to assert
their rights. There have also been reports of imposing predefined geographic boundaries, ignoring
prior decisions made by communities, coercion, undue influence, bribery and inappropriately timed
community development projects attributed to the NCIP and a number of mining companies.113
Indigenous leaders have also experienced what they consider mine-related harassment by the
military and security forces through the filing of civil and criminal charges against them and a recent
incident of armed ambush, which resulted in the killing of the son of one of the leaders. Mining
operations are continuing in Zamboanga despite the lack of genuine FPIC.
These violations were the subject of numerous complaints submitted by the Subanen – in particular
the communities of Midsalip, Bayog and Mt Canatuan – to the government with no satisfactory
response.
Experience of the Subanon of Mt Cantuan
At Mt. Canatuan, the NCIP created a Siocon Council of Elders to give consent to TVIRD, circumventing
the longstanding opposition of the local Subanon leaders and community to the project. The Gukom
of the Seven Rivers, which is the highest Subanon judicial authority in the area, ruled that the Siocon
Council of Elders was “illegitimate, illegal and an affront to the customs, traditions and practices of
the Subanon.”114
The Subanon of Mt Canatuan, where TVIRD started operating without legitimate consent, filed a
complaint to the UN CERD Early Warning Urgent Action Procedure in July 2007 against the Philippine
government for violating their human rights. The case resulted in strong recommendations issued by
the CERD for the Philippine government to address these concerns.
In response to the Subanon complaint to the UNCERD, the Philippine government acknowledged
that consent was not obtained prior to the mining operation in Mt. Canatuan. However, to date, the
government has still to satisfactorily act on the CERD recommendations and has failed to initiate the
process to provide culturally appropriate remedies.
Implications for companies
In September 2007, the Subanon judicial authority, the Gukom, consisting of the traditional leaders of
the surrounding Subanon communities, convened in Mt. Canatuan and performed a traditional ritual
called Glongosan sog Dongos nog Konotuan to condemn the destruction of the sacred Mt. Canatuan.
This was followed in December 2007 by a Gukom trial convened to decide on the complaint filed
by their traditional leader, Timuoy Anoy, against TVIRD. The complaint covered all the issues which
had arisen from the company’s non-consensual presence in the area. During the trial, the Gukom
fined the mining company for disrespecting existing community protocols. The traditional authorities
also required TVIRDI to conduct a cleansing ritual in atonement for desecrating Mt. Canatuan. After
four years on May 17, 2011, the company finally and publicly admitted its responsibility, performed
the mandatory cleansing ritual called Bintungan nog gasip bu doladjat and agreed to negotiations
regarding penalties. Despite this seeming conciliatory move of the company, the community is still
pursuing its complaint against the Philippine government filed at the UN CERD.115
Subanen Peoples’ Protocol: The Subanen Manifesto
The negative experiences of the Subanon of Mt Canatuan and other Subanen communities with
NCIP regulated and controlled FPIC processes promoted the Subanen to assert their own conception
of FPIC and their right to control its implementation. The Subanen “Manifesto” on FPIC came about
after a group of Subanen traditional leaders from different parts of Zamboanga Peninsula gathered in
2007 to protest against the NCIP 2006 FPIC Guidelines for facilitating the entry of extractive projects
into their ancestral domains. This was followed in 2009 by a series of community consultations and
a conference of Subanen traditional leaders to consolidate the views of the different communities
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Making Free, Prior and Informed Consent a Reality