Ifugao folk hit DOE's SN Aboitiz contract without consent
Villagers from the Ifugao towns of Lagawe and Lamut gather t form a unified position on the proposed 350 MW Alimit River dam project. Photo by Arthur L. Allad-iw
LAMUT, IFUGAO – Can a Department of Energy-approved hydro-power contract be valid without the free, prior and informed consent (FPIC) of the affected indigenous communities?
This is one of the questions that representatives of the six villages of Lagawe and two villages of this town raised when they gathered in a forum that tackled the plan to build a hydro-electric power dam at Alimit River that traverses various towns of the province.
Recently, the DOE approved and signed the renewable energy service contract with SN Aboitiz Power Group (SNAP) for an integrated hydropower complex comprised of three facilities that will produce 350 megawatt (MW) of electricity.
The facilities are the 100-MW Alimit plant, the 240-MW pumped storage facility, and the 10-MW Olilicon plant where the facilities will be developed and called SNAP-Ifugao.
After various speakers discussed the energy situation in the country, the rights of indigenous peoples, and the FPIC processes as mandated by the Indigenous Peoples Rights Act (IPRA) law, the villagers raised their concerns that the issuance of the contract by DOE to SNAP failed to follow the IPRA-mandated processes to acquire the consent of the affected indigenous communities.
"The IPRA calls for free, prior and informed consent of the affected indigenous people that should be sought first," explained lawyer Kissack Gabaen, chairman of the Baguio chapter of the National Union of Peoples Lawyers, who spoke at the forum last week at the Lamut Training Center here.
An elder said in Ilocano that the DOE issued contract to SNAP is like putting the cart before the horse. "Kasano nga ada kontrata ket awan met pamalubos me (How can there be a contract when we did not give our consent)?" he asked.
The community said that they are confused, as, aside from the DOE issued contract, the SNAP also showed letters from the local government officials allegedly allowing the company to conduct preliminary activities, including surveys, in the area.
"I confronted the company workers on why they were proceeding with activities despite the absence of consultations," Lagawe’s Olilicon Barangay Captain Fernando Tuguing said in the forum.
Aside from Olilicon, the other barangays of Lagawe that are affected by the project include Tupaya, Dulala, Buyabuyan, Banga, and Apinuan. The Lamut barangays affected are Hapit and Dimpal.
Mayor Mariano Buyagawan clarified that he did not issue an order allowing the preliminary activities of SNAP. Unless the Sangguniang Bayan passes a resolution, he cannot issue an order related to the project, he stressed.
Also, Lagawe Mayor Ceasario Cabbigat urged the affected communities to be united on the issue, that they can come up with a collective decision in their favor.
As the participants of the affected barangays of Lagawe and Lamut learned more about the appropriate moves that must be observed before they can issue their consent, they decided to conduct an information drive about the project in all the affected barangays.
Elder Gregorio Umli, the head of the Ancestral Domain Council of Eastern Lagawe, an indigenous people’s organization of elders, supported the move for the information drive.
SNAP earlier said that SNAP-Ifugao is its first major project under its Greenfield Development Program, which aims to grow the company's renewable energy portfolio by looking at potential small and large hydro projects in the Philippines, primarily within host communities in northern Luzon.
It added that the original Certificate of Registration signed by DOE Secretary Jericho Petilla will be released upon the posting of the required performance bond. The contract term provides for 25 years from effective date on July 24, 2014, renewable for another 25 years.
