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A RESOLUTION SUPPORTINE MTs. ZENAIDA PAWID, CHAIRMAN oFTHE NATIONAL COMMISSION ON INDIGENOUS PEOPLES (NCIP) AND

NCIP COMMISIONER MTs. DIONESIA BANUA AGAINST THE FALSEACCUSATIONS MADE BY THE SO CALLED 'TRIBAL LEADERS' AND IN

CONDEMNATION OF THE GRAFT COMPLAINTS FILED BY THEMWITH THE OFFICE OF THE OMBUDSMAN

Position paper proponents: The indigenous representatives of the palawancommunities of barangay Calasaguen, Maasin, Mambalot, Ipilan, Bctro-Baron,

Aribungos, Mainit, Pangobilian, Tubtub, Amas, oring-oring, samarinian, sarazct,Salogon, Malis

(Municipalie of Brooke's Point), PalawanNATRIPAL (Nagkakaisang Mga Tribu ng palawan)ALDAW Network (Ancestral Land/Domain Watch)

To HIS EXCELLENCY Benigno Acluino ilL" president of the philippines,Malacaflang Palace, Manila

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;:Honourable commissioners of the NatiNCIP)

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Honourable Members of the Palawan Council for Sustainable Development (PCSD)

Honourable Members of the Department of Environment and Natural Resources(DENR)

Honourable members of the sangguniang panlalawigan of palawan

Honourable members of the Sangguniang Bayan of Brooke's Point Municipality

WHEREAS, MacroAsia Corporation (MAC for brevity) is exercising continuous *

pressure on the National Commission on Indigenous Peoples (NCIp) to ilease the socalled "ceftificate of precondition" (CP) which the company needs in order to getfinal clearance from the Palawan Council for Sustainable Development (pCSD) andthen push with its mining operations in one of the best conserved forests

;#:; ::; .;_"_ :__:;. :::"" _:"::::: flthrough newspapers' afticles and paid adds on the social acceptability that thecompany allegedly claims to have obtained in all targeted baranguy of Brooke,s pointMunicipality to be affected by its planned mining operations;

WHEREAS, during several field consultations carried out by ALDAW (AncestralLand/Domain Watch) it has been established that non-authentic ,.tribalchieftains/leaders" have been used by large mining companies, specifically by

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MacroAsia, to facilitate the issuance of certificates preconditron that viokttes thecustomary laws and practices of Palawan tribes. Customary law does not createdivision among IPs, infact it undergoes a process of hearing the sentiments and vievtsrtJ-all community members and it facilitates genuine community decision processesthat are acceptable to all.

WHEREAS, the official position of "tribal chieftain/leader" has been instrumentallycreated by outsiders to fit the interests oflarge corporations rather than to respond tcrthe genuine needs and aspirations of the local communities;

WHEREAS, the definition of "tribal chieftain/leader" does not fit into any of thecultural 'customary' notions used by the indigenous peoples in Palawan to refer within respected community members;

WHEREAS, the so called 30 tribal chieftains who have filed a case against NCIpChairman Pawid and NCIP Commissioner Banua, do not hold any representationalstatus or outstanding reputation amongst the Palawan indigenous population ofBrooke's Point to be affected by. MacroAsia mining operations;

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WHEREAS such self proclaimed "tribal leaders" belong to the so called "Brooke's ,0,,;*,,

Point Tribal Leaders Federation" which, in reality, is an obscure entity, unknown tomost indigenous peoples' living in the Municipality; the Brooke's Federaton of TribalCouncils has been notoriously involved in various cases of corruption having to dowith its illegitimate attempt of making private deals with investors in relation to thq, ,;..1,

exploitation of the indigenous ancestral land. Because they have been put unde$1,'l.i.,ir'rserious criticism, they have recently decided to change the name of their organizatiblli. ,

into "Brooke's Federaton of Tribal Council's"

WHEREAS, the above mentioned "Brooke's Point Tribal Leaders Federation or "

"Btooke's Federaton of Tribal Councils" is not affiliated with and recognized by thervell-respected NATRIPAL (lVagkakaisang Mga Tribu ng Palawan) which operateson the island since 1989 and encompasses most of the community/municipal baseclindigenous associations Province-wide:

WHEREAS, several members of this 'opportunistic' and'ad hoc' created "Brooke'sPoint 'Iribal Leaders Federation or "Brooke's Federaton of Tribal Councils" are noteven indigenous people from the affected areas and most of them come fromacculturated groups living in the more populated lowlands and having no emotionajlinkages and livelihood interests in the forested uplands of Brooke's point;

WHEREAS, members of the above mentioned federation illicitly claim to be genuinerepresentative of the Palawan communities and therefore CADT holders, in spite ofnot having any agricultural development/cultivated field in the uplands;

WHEREAS, members of the "Brooke's Federaton of Tribal Councils" createdinstrumentally by some local NCIP officials, are supported financially byMACROASIA, and the personal benefits they have received from the company makr-them 'indebted' towards the latter:

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operate are within the area recently declared as MountLandscape, pursuant to Presidential Proclamation no. 18i5;

where MAC intends toMantalingahan Protected

WHEREAS, MacroAsia Corporation has carried out exploration activities in 'corezones' (areas of maximum protection), as well as in 'restricted zones' and watershedareas;

WHEREAS, under the ECAN Guidelines of the Strategic Environmental Plan forPalawan (Republic Act7611)'core zones'are defined as"areas above 1,000 metersin elevation, virgin forests or primary growth forests, areas with steep gradient(above 50% slope), and critically threatened/endangered habitats and habitats o/ rareendangered species or habitats of Palawan local endemic species offlora andfauna".This zone, according to the SEP law, shall be fully and strictly protected andmaintained free of human disruption;

WHEREAS, MacroAsia test pits and bore-drillings have been made in the proximity j.

of Almaciga trees (Agathis philippinensis) that are actually tapped for resin by the , : '.'t

indigenous communities living in the area. Whereas, test pits have also U.eit,l -; :iexcavated in indigenous peoples' agricultural fields, by removing crops *i1hooi.r1$:li,.i+'obtaining their permission to do so; t*.,N$.

WHEREAS, the forested areas claimed by MacroAsia include the territory of r ;,

vulnerable and isolated indigenous communities, which - in several cases - are not , ,, | ,.even listed in the national census: ,

WHEREAS, such upland communities to be directly affected by mining, as well asthe more acculturated indigenous neighboring communities, have never beenconsulted or engaged in a transparent Free Prior Informed Consent (FPIC) processwith respect to the plans and operations of MacroAsia corporation;

WHEREAS, MacroAsia exploration activities have also taken place in areas that,according to indigenous Palawan, are considered as lyenen or lylien (sacred forests)inhabited by powerful super-human beings (Taw Kawasa), as well as in areas that areindispensable to their subsistence and wellbeing;

WHEREAS, mining operations in these indigenous territories may lead to the forcedrelocation of entire communities and to the loss of their traditional livelihood;

WHEREAS, for the above mentioned reasons, MacroAsia mining activities infringeindigenous people's inalienable rights under the IPRA law, such as the Right to Stayin the Tenitories- (Chapter III, Sec. 7, itemc), as well as the Right to Safe and CleanAir snd W'ater (Chapter III, Sec. 7, item f), the Rights to Ancestral Lancls (Sec. 8)and the Right to Determine and Decide Priorities for Development (Chap.IV, Sec.17);

WHEREAS, The Indigenous Peoples of Brooke's Point Municipality belonging tothe following barangays: Calasaguen, Maasin, Mambalot, Ipilan, Barong-Barong,Aribungos, Mainit, Pangobilian, Tubtub, Amas, oring-oring, Samarinian, saraza,Salogon, Malis have openly opposed mining since 1998, and their opposition has

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been manifested in the course of numerous street protests culminating in a Caravanrally at the Provincial Capitol on June 8, 2010;

WHEREAS, On 10 November 2011, indigenous peoples and farmers gathered inBrooke's Point city proper to protest against the new partnership between MacroAsiaand the Chinese Jinchuan Group Ltd;

WHEREAS, on 23 October 20Tl indigenous communities, not only from Brooke'sPoint but also from other municipalities, have come up with a joint resolution callingthe Government for a serious implementation of the Indigenous Peoples Rights Act(IPRA law), and for the cancellation of mining companies such as MacroAsia, as wellas for the non-endorsement of the Certificate of Precondition (CP) by NCIP to suchcompanies;

WHEREAS, on 3i October 2011, a legal affidavit signed by genuine indigenousrepresentatives of Brooke's Point Municipality has been notarized and filed againstMacroAsia Corporation for a number of violations that the company has committedwithin the Palawan ancestral land/domain;

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WHEREAS, the genuine indigenous representatives of the Palawan indigen"h#-""n"'communities of Brooke's Point have received the full support of Congressman TeddyBaguilat (Chair of the Committee on Indigenous Cultural Communities) who has , i,,iri::r\,cal1edanurgentcommitteehearingtoinvestigatetheissuancesofminingpermitsinthe province of Palawan, as well as in other parts of the country;

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wHEREAS,onthebasesoftheabovedeve1opmentsandfactualevidences,NCIP,Chairman Pawid and Commissioner Banua have recognized the necessity of carefullyexamining the CP application of MacroAsia Corporation for the integrity of IPRAlaw;

WHEREAS' NCIP Chairman Pawid and Commissioner Banua have gained thecomplete trust and respect of the local Palawan communities for their moral integrity,sense of responsibility, high commitment towards the rights of indigenous peoples,reflective way of operating and for their strong moral fiber and work ethics who haveallowed them to prioritizing the mandate of their institution (protecting Ips rights)while withstanding the pressure exercised on them by influential oligarchies/tycoonsand powerful corporations ;

WE THEREFORE, the indigenous Palawan communities of Brookes' PointMunicipality affiliated with NATRIPAL (Nagkakaisang Mga Tribu ng Palav,an) aswell as with ALDAW (Ancestral Land/Domain Watch), through our selectedrepresentatives, wish to express our full support and solidarity to Chairman ZenardaPawid and Commissioner Dioning Banua;

WE FURTHER request the Office of the President and the National Government toallow these well respected and responsible officials of the NCIP to diligently car:ry outtheir duties so that they can ascertain, with transparency and sense of balance, anyanomaly related to the implementation of MacroAsia mining exploration on theindigenous ancestral land/domain, as well as the potentially adverse impact that

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mining extraction would have on ttre t*Unood and cultural integrity of the localPalawan communities.

SIGNATORIES OF THE PARTIES SIGNING THE RE,SOLUTION

FOR ALDAW FOR NATRIPAL

"#,M",FOR THE INDIGENOUS PALAWAN COMMUNITIES OF BROOKE'SPOINT

Edjing

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Cui

Prudeli

Maasin

lpilan

lpilan

lpilan

Amas

Tula - Tula Linao lpilan

Tula - Tula Linao lpilan

Aribungos

Maasin

lpilanArtis

SUBSCRIBED and SWORN to before me this 'r.1'! ? 5 7 'l?ot

i {oir"r, lr^/ , the affiants being personally known to

January 2AtZ in

the undersigned

Notary Public. I hereby certify that I have examined the affiants and thatthey have read and understood the contents of the foregoing document.

MAGUAOesa Citv and P;: ''Ir. zorl

I 01h81?011, Patrwrr1, 01/211?0'l'1. PrlawanNo. lll - 00190901 1C':1r:: '

Itoll No 54945

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