Letter Exchanges

Letter to Inquirer - Responding to TVI’s ‘side’ on Canatuan mining row

18th July 2007

Dear Sir/Madam,

We note the letter of TVI’s Director of Public Affairs, Rocky Dimaculangan (TVI explains side on Canatuan mining row, Inquirer, 7/5/07), in response to Daxim Lucas’s article on the supposed revitalisation of the mining industry (“Mining is poised for takeoff, but old woes persist,” Inquirer, 6/11/07).

As noted by Mr. Dimaculangan, the original article was not only objective, but also correct in the portrait it painted. Therefore in response to the allegations he laid out we would like to offer the following rebuttals to his letter.

1. Mr. Dimaculangan claims that Timuay (tribal chief) Jose Anoy has been repudiated by his own community and was voted out of leadership of the Siocon Subanon Association Inc. (SSAI), which is recognized by the National Commission on Indigenous Peoples as the legal representative of the Canatuan Certificate of Ancestral Domain Title (CADT) holders.

In reality the SSAI has no standing or authority in relation to the Ancestral Domain claim and title other than that improperly given to it by TVI. The official claimants to the CADT are not defined by membership of SSAI, nor are they required to be. SSAI has no standing or authority in Subanon culture, and therefore has no legitimate role. The Indigenous Peoples’ Rights Act (IPRA) law requires that the recognised decision-makers within a CADT are leaders chosen according to traditional custom and practice. Timuay Anoy is indeed the recognised leader according to such a definition, and has been confirmed as such by the Subanon’s regional traditional judicial body, the Gukom. TVI itself has recently acknowledged the authority and standing of the Gukom, when it proposed to submit to ‘tribal justice’ after a recent incident where TVI security guards are alleged to have assaulted the daughter of Timuay Anoy within the ancestral domain.

The claim that Timuay Anoy is not a legitimate leader is based on divisions to which TVI has regrettably contributed. SSAI was formed in the early 1990s as a SEC registered vehicle to assist the people of Canatuan in securing their land rights. It was founded and led by Timuay Anoy. However in 2001 an improperly constituted meeting, which was initiated by Subanon supportive of the company - including employees of TVI and some who had no legitimate land rights on Mt Canatuan – led to a group usurping power within SSAI. The history of this shabby act has been well documented and continues to be disputed. TVI unwisely chose to recognise and support the usurpers, thereby intensifying community division and conflict. Yet despite company backing SSAI has failed to gain general credibility, and divisions have intensified. Such internal conflict is frequently produced by mining companies entering a community.

2. Mr. Dimaculangan claims that Mount Canatuan is not sacred, and that elements are using the mountain’s “sacredness” as a rallying cry in international discourse.

Such a position is deeply offensive. If TVI wish to learn respect for the people whose land they occupy they had best start by not seeking to “educate” the Subanon as to their own beliefs and sacred sites. What basis does a Canadian company have to argue it knows better than the Subanon themselves whether an area is sacred or not? Respected regional Subanon organisations, such as the Gukom and Pigsalabukan Bangsa Subanon, confirm the sacredness of the mountain in documenting local custom and practice. Indeed, interviews have attested that the small-scale miners and Zamboanga Wood, who previously logged in the area, both recognised that the mountain was sacred in their dealings with the traditional leadership. It is only TVI, who have now removed the whole mountain-top, who have sought to deny it.

3. Mr. Dimaculangan claims that TVI has IP consent in Canatuan (notably a memorandum of agreement with the SSAI).

This “agreement” is the basis of regular payments to the officers and lawyer of SSAI and the members of a Council of Elders, which was invented in 2002. It is perhaps unsurprising therefore that they have endorsed the company. The continuing dispute is whether the individuals who choose to collaborate with TVI have any legitimate authority. It is this that is strongly disputed and rejected both by the original Subanon inhabitants of the region and by their neighbouring communities who know that the structures established to legitimize TVI’s occupation, themselves lack legitimacy.

4. Mr. Dimaculangan claims that “Anoy is not a Timuay”.

Aside from the points already made in support of Timuay Jose Anoy, it is noteworthy that the provincial NCIP office has recently validated Timuay Anoy as a leader. It agrees that he is the correct person to head the body to engage in the FPIC process that TVI now requires for the expansion of their activities within the CADT. As part of this process, TVI staff attended a locally organised meeting in front of the community as recently as 17th June 2007. This would seem to suggest that TVI is now recognising Timuay Anoy, so perhaps Mr. Dimaculangan is out of step with his colleagues in continuing with this disrespect, or would he care to offer a clarification?

Unsurprisingly the request for new FPIC was rejected. In fact, according to reports of the meeting, a qualified apology of sorts for some of the grave violations of rights was given by TVI’s new Vice President for Social Commitments. While this was welcomed it seems many of those present felt it went in no way far enough. Perhaps more importantly during that open meeting one of TVI’s supporters, who was appointed by NCIP as a member of the so-called Council of Elders, admitted she had no standing as a traditional leader and paid a penalty for falsely claiming to be so.

In conclusion as Mr Dimaculangan notes in his letter, TVI has indeed continued to make these sort of points over the last several years. Indeed it has been these assertions that have been the basis of their being allowed to proceed to mine gold on Mount Canatuan and have resulted in millions of dollars of profits for their company, but also resulted in the militarization of the area, as well as violence and the forced removal of local residents. Fortunately repetition of such self serving claims by hired spokespersons does not make these claims any more true or credible.

Mr. Geoff Nettleton sgd. (Coordinator, Philippine Indigenous Peoples Links)
Mr. Jaybee Garganera sgd. (National Coordinator, PhilDHRRA/ATM)
Ms. Jo Villanueva sgd. (Executive Director, LRC – KsK/FOE – Philippines)
Ms Anabelle Plantilla sgd. (Executive Director, Haribon Foundation)

For details, please contact:

Jaybee Garganera (0915-3153719), nc@phildhrra.org
Roy Calfoforo (0920-2970492), roycalf@gmail.com
John Vincent S. Cruz (0928-5028701, vince0925@yahoo.com

Tel # 02-4260385 or 02-4266740

Address: # 59 C. Salvador St., Loyola Heights, Quezon City (www.alyansatigilmina.org)


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Letter from Timuay Jose Boy Anoy, reply to July 7 Inquirer letter of TVI Rocky Dimaculangan

17th July 2007

I have just recently read the letter of TVI Resources Development Philippines Inc Director for Public Affairs, Mr. Rocky Dimaculangan reacting to the reported human rights violations committed by TVI wherein he defended his employer by attacking me, my tribe and our sacred mountain. ("TVI explains side on Canatuan mining row" 7/5/07)

Mr. Dimaculangan's letter betrays the mindset of the mining industry by which our rights as indigenous peoples are being violated.

TVI has been in our ancestral domain for only 13 years and yet its employees like Mr. Dimaculangan had readily abrogated unto themselves the authority to identify who our tribal leaders are and to declassifly our hallowed grounds. In those 13 years, TVI security forces declared themselves as sole authority for the entry of Subanons into Mt. Canatuan, demanding of me a permit or gate pass for me to enter my own area, and accosting and hurting my daughter for traversing in "TVI roads".

I understand Mr. Dimaculangan's gall in claiming that Mt. Canatuan is not sacred, one cannot hold sacred something if his pay depends on it being ravaged and razed to the ground. The same holds true for Mr. Dimaculangan's so called tribal leaders who he claims gave their consent, in exchange for royalties and employment.

Perhaps Mr. Dimaculangan has not been informed but his superiors TVIRD VP for Operations Yulo Perez and VP for Social Commitment Feliz Yeban, had been referring to me as Timuay (Tribal Chief), especially now that TVI has applied for expansion of its operations inside our ancestral domain. Being the recognized traditional tribal leadership structure by the National Commission on Indigenous Peoples, the TVI needs our tribal council's Free, Prior and Informed Consent for its planned expansion.

Last June 17, TVI VP Feliz Yeban came to woo our council at the tribal hall of the Apu Manglang Gluba Pusaka where I hold court as direct blood descendant of Apu Manglang. In asking for our consent for TVI expansion, she asked forgiveness for the human rights violations that TVI committed in the past and promised it won't happen again.

Mr. Dimaculangan, please be guided accordingly.

Timuay Jose Boy Anoy
Tribal Chieftain
Apu Manglang Glupa Pusaka
Brgy Candiz, Siocon, Zamboanga del Norte


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Response from Timuay Fernando Mudai to TVI Inquirer letter

11th July 2007

I would like to react and say something about the explanation of Mr. Rocky Dimaculangan Director, Public Affairs, TVI Resources Development Philippines Inc. dated July 05, 2005 . Mr. Dimaculangan stated the following;

1.) Timuay Jose Anoy is not a Victim of Human Rights Violation nor affected of the said allegations, and the People of Canatuan is not evicted on their Ancestral Domain Area.

*I want to tell you a short story, before the occupancy of TVI in the area the house of Timuay Boy Anoy was erected or located within Canatuan, but upon the arrival and entry of TVI he was cast out from his area in the sense that every time he will enter to his home place the SCAA of TVI would request him to ask permit or gate pass for him to enter his own area and until this point of time this practice has continuously done by TVI, As a result of these, there were many affidavits executed in the Human rights Violations committed by TVI.

2.) According to him Timuay Jose Anoy’s leadership is rejected because of their reported alignment.

*Base on the Subanon Traditional Practices record shows that Timuay Boy Anoy has never been accused for both mismanagement, corruption, criminal case and other related cases before the Subanon Tribal Court and even in the Regular Court .

3.) Another Allegation of Mr. Dimaculangan, Mount Canatuan is not sacred as What the group of Timuay Boy Anoy claimed?

* I want to personally ask Mr. Dimaculangan, who is he to tell that to the Subanon People of Canatuan? Much more to declare it to the whole world that Mount Canatuan is not our sacred ground. When we ask the opinion of the Apo Manglang’s descendant Mount Canatuan is very much sacred because this is the only place where the MORTAL and IMMORTAL made a PEACE PACT, therefore Mr. Dimaculangan has no right to say that mount Canatuan is not a sacred mountain, IT IS WE the descendant of Apo Manglang who is in the position to declare it, not him.

4.) He identified, that he got a strong support from Subanon People approving the operation of TVI.

* In the first place, their identified Subanon People who supported the operation of TVI is the very person that TVI HIRED and PAID from the neighboring place of Canatuan.\

5.) He added that TVI operation has IPs consent.

* He is referring to the Memorandum of Agreement and Memorandum of Understanding made between them and the SSAI. I would like to comment on this matter, SSAI is not the right organization to represent in behalf of this Ancestral Domain, because I personally know that the group of Timuay Boy Anoy rejected and questioned the authenticity of SSAI, resulting to the creation of Tribal group which is APO MANGLANG G’LUP PUSAKA which is fitted to the Traditional Practices of Subanon People dealing and governing the Ancestral Domain. The group of Timuay Boy Anoy is the Recognized Tribal Leader of the area, where in fact there was already a letter submitted to MGB and NCIP Regional Office to stop acknowledging and recognizing the said group (ISAI) from the leadership of Ting Tumangkis down to Barangay Chairman Boy Pato of Tabayo.

Part of his statement, Timuoy Boy Anoy is not a Timuay or a Tribal Chieftain, who is he to announced it? Is he a Subanon who knows the Subanon Culture well? Or his origin came from Canatuan? Who is well verse on the history of Subanon Tribe on the area? He did not know what he’s talking about, he did not know the lineage, bloodline and genealogy of Timuay Boy Anoy. I can testify that Timuay Boy Anoy is the legitimate and pureblooded Traditional Leader because he is a descendant of Timuay Apo Manglang. Timuay could not be change by election nor by way of recalling his appointment because Timuay is not govern by election nor appointment but Timuay govern by Anointment, so Mr. Dimaculangan was not in the position to speak out who is Timuay Boy Anoy and the Subanon Leaders of Siocon, he was just PAID and HIRED by TVI to destruct our sacred mountain.(Mount Canatuan).

The statement of Mr. Dimaculangan that he got a strong support from Subanon people was purely a figment of their imagination because the original Subanon people of Canatuan never signed any papers in favor of TVI operation, the strong Subanon supporter that he is referring to, is the hired Subanon outside Canatuan headed by Atty. Bernardo.

The undersigned being a Project Management Coordinator of Pigsalabukan Bansa Subanon is also a descendant of Apo Manglang so I can attest you that Timuay Boy Anoy is the legitimate Timuay of Canatuan, and I also knew the real Timuay of Siocon and this observation was been clarified thru the validation of Traditional Leaders of Canatuan conducted last December 2, 2006 by the Provincial Officer of NCIP Dipolog City.

Timuay Fernando Mudai
PBS Program Management Coordinator


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TVI explains side on Canatuan mining row

Inquirer, http://opinion.inquirer.net/inquireropinion/letterstotheeditor/view_article.php?article_id=74863

5th July 2007

We laud Daxim Lucas for his objectivity on the issue of revitalizing mining. (“Mining is poised for takeoff, but old woes persist,” Inquirer, 6/11/07) Among the “woes” mentioned in his report were the human rights violations allegedly committed against indigenous peoples, Jose Anoy among them. Please allow us to present our side.

1. Anoy and other members of his tribe were never evicted from their ancestral domain. They were repudiated by their community and voted out of leadership of the Siocon Subanon Association Inc. (SSAI), which is recognized by the National Commission on Indigenous Peoples as the legal representative of the Canatuan Certificate of Ancestral Domain Title (CADT) holders. Their leadership was rejected in part because of their reported alignment with what was believed by the community to be the evils of small-scale mining, which was operating illegally in Canatuan from the early 1990s until the early 2000s.

2. Mount Canatuan is not sacred. The only identifiable Subanons who seriously consider it sacred are members of anti-mining organizations who indirectly benefited from the above-cited small-scale mining in that mountain but who, after their leadership was rejected by the majority of their community, began using the mountain’s “sacredness” as a rallying cry in international discourse.

3. TVI’s presence in Canatuan has IP consent. As a gesture of good faith, TVI entered into a memorandum of understanding and, subsequently, a memorandum of agreement, with the SSAI for the development of Canatuan despite the fact that TVI secured its Mineral Production Sharing Agreement with the Philippine government prior to the issuance of the CADT to the Subanons.

4. Anoy is not a Timuay (tribal chief). Anoy’s lineage and status as a Timuay were challenged by many in the community because he did not come from the local community and because of other reasons.

Over the last several years, TVI has refuted these and many other allegations against the company in considerable detail, and those materials are available on the TVI website (www.tviphilippines.com).

Visitors to the website can also see the expanding list of the company’s successful efforts to help the Canatuan Subanons enjoy more of their human rights—including rights to development, health, education, employment, food, water and security, as well as sustainable development—in a better way.

TVI’s Canatuan Project enjoys the strong support of the Subanons who have joined in the common effort to judiciously use resources as a means of attaining economic and social progress. We are proud of what we have been able to accomplish in Canatuan. We are inviting Lucas to our project site so that he will be able to see for himself and to talk to the real people who have benefited from these accomplishments.

ROCKY DIMACULANGAN,
director, public affairs,
TVI Resources Development Philippines Inc.,
22/F Equitable PCI Bank Tower, 8751 Paseo de Roxas, Makati City Philippines

--Mines and Communities

Letter to President of the Philippines on the eviction by TVI of families from Canatuan

Letter to President of the Philippines on the eviction by TVI of families from Canatuan

Her Excellency Gloria Macapagal Arroyo
President
Republic of the Philippines
Malacanang Palace
J.P.Laurel Street
San Miguel
Metro Manila 1005
Philippines

22nd February 2005

Madame President,

We are gravely concerned by the most recent reports from Siocon, Zamboanga del Norte, regarding the activities of TVI, a Canadian mining company. These reports document in detail the threats and efforts of company personnel to evict local residents against their will, including some of the ancestral land holders of the area, to make way for mining activities. We appeal to you to intervene to prevent the perpetration of further human rights violations and injustices against the long suffering residents of Canatuan, Siocon, by ordering the withdrawal of the armed personnel of TVI and an immediate halt to their operations. We urge the need to hold a dialogue with local indigenous, civil society, church and local authority representatives in the immediate area to confirm the continued opposition of the people to TVI. There should be a credible independent inquiry into the illegality of current and past actions of TVI mining company personnel.

The substantial and long standing opposition to TVI among the Subanon of Canatuan and Siocon and of other local residents, the local municipal authorities, civil society and churches is a matter of public record. It is deeply regrettable that despite long standing protests the wishes of Indigenous Peoples and other local residents in Siocon have not been respected to date. It is even more regretful that government agencies and military units have been complicit in efforts to force local people to accept this unwelcome project against their wishes. Their rights should be protected by law, including those outlined in the Indigenous Peoples Rights Act (1997) and Mining Code (1995).

The Philippine Government is bound by domestic law and international commitments to uphold human rights. This includes the rights of Indigenous Peoples to their lands and their right to their homes and subsistence base. All citizens have the right to live in peace in their homes. Over the past 10 years TVI has maintained a regime in Canatuan which has included the establishment of checkpoints, the maintenance of a large armed security force and, the imposition of harsh controls on the entry of goods and materials, and the arbitrary exclusion of some local residents. Unarmed protestors have been beaten with sticks, abused, arrested and most recently shot at. The traditional leadership of the community opposed to TVI has been ignored and abused and a bogus pro company organisation belatedly established from among company employees and migrants, who have no traditional links to the land of Canatuan, to sign a consent to mining that lacks all credibility among the Subanon. This "leadership" and some of the government officials and company employees who conspired in its establishment have been denounced and fined by traditional leaders from across the region in their Gukom hearing of the issues in February 2004. The company has worked to subjugate, suppress and depopulate Canatuan. TVI has behaved in the manner of an abusive overlord going beyond any rights accorded to it, and has committed clear human rights violations, including several incidents of shooting and wounding of unarmed local residents.

We are further concerned that these latest efforts to evict long standing residents reveal, past reporting failures of TVI and, the failure of government agencies to adequately safeguard the interests of local Indigenous Peoples and other residents. The residents now being threatened
have long established houses, including many that predate TVI on the site.

TVI has proved to be an abuser of local rights. We call upon your government to protect Philippine citizens and to order a halt to the destructive mining operations of this Canadian company.

Yours sincerely,

(in alphabetical order of forename)

Aimee Beboso, Carleton University Filipino Students' Association (CUFSA), Canada


Alberto Achito, OREWA (organización regional indigena Embera Wounaan), Colombia

Alfonso Vanzijl, Multi-Sectoral Action Group of Aurora Province, The Philippines

Armand McKenzie, Innu Council of Nitassinan, Canada

Barbara Waldern, Chair, BC Committee for Human Rights in the Philippines, Canada

Catherine Coumans, Ph.D., Research Coordinator, MiningWatch Canada, Ottawa, Canada

Cecilio Solís Librado, Asamblea Nacional Indígena Plural por la Autonomía (ANIPA), México

Christopher Abbott, Oxford Research Group, UK

Doug Booker, Ontario Committee for Human Rights in the Philippines, Canada

Elizabeth P. Dollaga, BC Committee for Human Rights in the Philippines (Vancouver), Canada

Eduardo C. de Guzman, Mindoro Assistance for Human Advancement thru Linkages, Inc. (MAHAL), Philippines

Emelina G. Regis, Institute for Environment Conservation and Research (INECAR), Philippines

Emily Caruso, Forest Peoples Programme, UK

Fr. Archie Casey SX, JPICC Coordinator, Xaverian Missionaries, Philippines

Fr. Frank Nally, Missionary Society of St. Columban, UK

Geoff Nettleton, Philippines Indigenous Peoples Links, UK

Gerard van Dorp, Asia Dept, Netherlands Centre for Indigenous Peoples (NCIV), Netherlands

Godofredo Galos, Save Siocon Paradise Movement, Philippines

Haroldo Salazar, Presidente de AIDESEP, Peru

Helen Leake, International Alliance of Indigenous and Tribal Peoples of the Tropical Forests, Thailand

Jaume Formosa i Esteva, Alternativa Solidaria - Plenty, Spain

Joan Carling, Chairperson, Cordillera Peoples Alliance, Philippines

Jocelyn M. Villanueva, LRC-KSK/Friends of the Earth-Phils., Philippines

Jorge Fedrick, Coordinador Nacional del Movimiento Indigena de Nicaragua, Nicaragua

Most Rev. Jose R. Manguiran, Bishop of Diocese of Dipolog, Philippines

Nicholas Hildyard, The Corner House, UK

Patricia Borraz, ALMACIGA, Spain

Roger Moody, Nostromo Research, UK

Siti Maemunah, JATAM, Mining Advocacy Network, Indonesia

Sylvia R. Mesina, Quezon City, Philippines

Ted & Cora Alcuitas, B.C. Committee for Human Rights in the Philippines

Timuay Noval Lambo, Gukom of the Seven Rivers, Zamboanga City, Philippines

Tito Natividad Fiel, DIOPIM Committee on Mining Issues, Philippines

Tony Clarke, Polaris Institute, Canada

Tracy Glynn, Memorial University's Society for Corporate Environmental and Social Responsibility, Canada

Washington Bolivar, Presidente del INECA, Peru

--Mines and Communities