Sierra Madre is well-known to be the Philippine’s largest mountain range with a geographical area of about five-hundred (500) kilometers. For decades, it has served its purpose as one of the solid defenses of the country from typhoons coming from the Pacific Ocean, where formation of frequent typhoons and super typhoons is prevalent. Being the safeguard of certain areas in the provinces of Cagayan and Quezon, Sierra Madre tends to weaken the storm before it hits landfall, ultimately weakening the destructive capacity of typhoons that regularly hit the Philippines. Aside from its contribution against the massive effects of such natural occurrences, Sierra Madre’s biodiversity is vital not only in sustaining agricultural and wild life, but also sustains the livelihood of indigenous communities.
Considering Sierra Madre’s strategic location and apparent advantages, the Filipino people cannot be expected to silence themselves fully knowing the consequences of its destruction. The construction of Kaliwa Dam will bring irreversible effects to both life and environment. With the unearthing of Sierra Madre, the Philippines will experience heavier typhoon landfalls, hectares of agriculture and wildlife affected and livelihoods destroyed, and ultimately our indigenous people left homeless and vulnerable.
Indigenous People's Free and Prior Informed Consent
RA 8371 or the Indigenous Peoples’ Rights Act of 1997 has given indigenous communities the protective right of self determination and participation in governmental projects that affects their ancestral domain/land, and the government’s duty to consult and seek their consent.
Section 7 of the said law specifically states that IP’s or ICC (Indigenous Cultural Communities/Indigenous Peoples) has the right to an informed and intelligent participation in the formulation and implementation of any project, government or private, that will affect or impact upon the ancestral domains.
Under PD 1586 an Environmental Impact Statement System is established wherein no person, partnership, or corporation shall operate any environmentally critical project (ECP) or any project within an environmentally critical area (ECA) without first securing the Environmental Compliance Certificate (ECC).
As a condition on attaining the ECC, a certification is needed from the National Commission of Indigenous Peoples (NCIP), and that is the Certificate of Precondition (CP) which could be gained only after the Free and Prior Informed Consent (FPIC) is obtained from the affected ICC/IP groups.
Free and Prior Informed Consent is defined in Section 3 of the same law as "the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.”
The Free and Prior Informed Consent is an indispensable requirement in the construction of Kaliwa Dam, along with the Enviromental Compliance Certificate (ECC). However the ECCs pending issuance is being questioned due to the non-existence of the Free and Prior Informed Consent by the affected ICC/IP. IP leaders has denied giving consent due to their belief that such project shall result to their economic and cultural displacement. The failure to address the negative impact on the livelihood, culture, property, resources and health by the Kaliwa Dam project has forced the tribes living there to oppose the said project.
Sources:
Reyes, T. (2020, November 9), [OPINION] Last stand in the Sierra Madre. Retrieved from https://www.rappler.com/voices/thought-leaders/opinion-last-stand-sierra-madre?fbclid=IwAR1I08Ji6ASptXze033PVbZi4SI3X6ZKiUHDodgFgLAWXkX4KynB8hE-vrk
Mayuga, J. (2020, May 28). All eyes on the Kaliwa Dam project: Will its benefits outweigh the costs? Retrieved from https://businessmirror.com.ph/2020/05/28/all-eyes-on-the-kaliwa-dam-project-will-its-benefits-outweigh-the-costs/
Minter, T., van der Ploeg, J., Pedrablanca, M. et al. (2014, July 12). Limits to Indigenous Participation: The Agta and the Northern Sierra Madre Natural Park, the Philippines. Retrieved from https://link.springer.com/article/10.1007/s10745-014-9673-5
Panti, L. (2020, September 11). COA flags Kaliwa Dam project over lack of environmental compliance, consent from affected communities. Retrieved from https://www.gmanetwork.com/news/news/nation/755179/coa-flags-kaliwa-dam-project-over-lack-of-environmental-compliance-consent-from-affected-communities/story/).
Miraflor, M. (2020, November 17). Kaliwa Dam feared to worsen flooding in Metro Manila. Retrieved from https://mb.com.ph/2020/11/17/kaliwa-dam-feared-to-worsen-flooding-in-metro-manila-1/)
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