Abra Representative Ching Bernos calls for an inquiry by the House committees on cultural communities and natural resources into the activities of Yamang Mineral Corporation in the province
BAGUIO, Philippines – A mining company is under scrutiny for allegedly starting exploration on indigenous peoples’ land in Abra without obtaining consent from local communities, prompting a provincial legislator to call for a congressional investigation.
Abra Representative Menchie “Ching” Bernos filed House Resolution No. 2073 on Tuesday, November 12, seeking an inquiry by the House committees on cultural communities and natural resources into the activities of Yamang Mineral Corporation (YMC).
Bernos claimed that YMC proceeded with mining exploration despite not securing the Free, Prior, and Informed Consent (FPIC) from affected indigenous groups as required by law.
Bernos emphasized the need for the Department of Environment and Natural Resources (DENR) to clarify the issue before Congress to enable legislative actions that “prevent bypassing the rights of Indigenous peoples… when it comes to the exploration, development, exploitation, and utilization of their ancestral domains.”
Section 59 of the Indigenous Peoples Rights Act (IPRA) requires that project developers obtain a Certification Precondition (CP) from the National Commission on Indigenous Peoples (NCIP) before starting any project.
Such a certification is issued only after the required FPIC process, along with a review of agreements with the indigenous communities, is completed. Section 72 penalizes violators according to the customary laws of the affected Indigenous peoples.
London-based Metals Exploration, YMC’s parent company, announced on October 28 that authorities had approved its exploration activities, and drilling may commence soon.
“The Company has completed pre-exploration activities of the Abra tenement area… The Manikbel prospect at the southern end of the Abra tenement is now drill-ready with all approvals in place,” the company’s statement read.
According to online records from the Mines and Geosciences Bureau (MGB), YMC applied for an exploration permit in February 2022 for gold, copper, and molybdenum. The permit covers 16,188 hectares in Lacub, Malibcong, Licuan-Baay, and Sallapadan. However, as of October 31, the company is not listed among those with approved applications.
The NCIP regional office in the Cordillera has advised YMC to halt its activities.
In a November 8 letter addressed to YMC’s country manager, NCIP Regional Director Roland Calde stated, “We advise you to cease and desist from any operations related to the… projects within the ancestral domain of Abra to avoid legal repercussions and prevent possible violent incidents in the community.”
He clarified that even with MGB authorization, the company must secure the CP before commencing exploration.
NCIP-Cordillera sent an earlier letter to YMC, which the company answered on November 6. The communication, signed by its president, Karen Morie, stated that their operation at its present stage is not covered by the FPIC process.
YMC clarified that the Authority to Verify Minerals (ATVM), issued on October 28, does not require CP, citing Section 13 of Executive Order No. 79-2012, issued during the administration of the late former president Benigno Simeon Aquino III.
Under the directive, FPIC covers applications for agreements on Mineral Production and Sharing (MPSA), Financial and Technical Assistance (FTAA), Joint Venture, and Co-Production.
The company asserted that it has been complying with the NCIP requirements and blamed the office for the “inordinate delay” of its CP application.
NCIP’s advice followed a letter from Sallapadan Mayor Fernando Semanero Jr., dated November 4, in which he sought intervention from Environment Secretary Maria Antonia Yulo-Loyzaga.
Samanero urged the DENR, through the MGB, to suspend YMC’s exploration activities, citing community protests. He mentioned reports from residents indicating that the company had started its activities even before receiving MGB’s permission.
As early as July, indigenous communities in Abra had raised concerns about YMC, citing an incident where Sallapadan residents prevented company personnel and equipment from entering Barangay Ududiao.
As of October 31, the MGB listed five approved Exploration Permits and 12 MPSAs covering 16,095 and 16,963 hectares in the Cordillera region. – Rappler.com
