Around 22 Dumagat-Remontado leaders blasted the signing of the memorandum of agreement (MOA) on the Kaliwa Mega Dam Project last January 25, saying that the government used COVID-19 protocols to bar groups opposing the project from joining the negotiations.
From January 24 to 29, the Metropolitan Waterworks and Sewerage System (MWSS) and the National Commission on Indigenous Peoples (NCIP) invited some Dumagat leaders in General Nakar, Quezon Province to sign the MOA and draft the community royalty development plan (CDRP), which lays out how the tribe’s share from the dam’s profit will be used.
However, the 22 Dumagat leaders opposed to the project declared that they do not honor any agreement that has been signed with MWSS as the agency has yet to thoroughly discuss the contents of the MOA. The dam, once finished, could supply potable water to 17 million people in Metro Manila, Rizal, and Cavite, MWSS claims.
Obtaining FPIC from IP communities is necessary before conducting development projects in ancestral lands, as required by the Indigenous People Rights Act (IPRA). IPRA states that the Dumagat have a right to reject projects that may destroy their livelihood and communities. It is estimated that up to 1,400 Dumagat households may be displaced due to the dam.
The signing of the MOA is the last step in processing the Free and Prior Informed Consent (FPIC) requirement for the project that the House of Representatives required MWSS, last June 2021, to finalize first before resuming its construction activities around the project site.
MWSS claimed there have been several public hearings and discussions with the IP communities since it began the FPIC process in 2018. However, NCIP and MWSS handpicked leaders who were already in favor of the dam project to join the consultations and sign the MOA, said Marcelino Tena of Kalipunan ng Katutubong Mamamayan ng Pilipinas.
Such a move effectively excluded the Dumagat who were opposed to the dam from the discussions, a possible violation of the FPIC process which requires “consensus of all members” of an IP group to approve a project.
“Katulad nung ginawa nila noon para kunin ang consent ng mga katutubo, puro kakampi lang ng MWSS ang iniimbitahan nila sa mga diskusyon at hindi sinasama sa usapan yung mga komunidad na direktang maapektuhan ng proyektong ito,” Tena said.
The talks also continued amid heightened COVID-19 restrictions across the country brought by the Omicron variant. Authorities prevented more than 20 Dumagat from participating in the consultations without undergoing an antigen test, which is forbidden in their culture, despite previous assurance from the NCIP that the IP leaders will be granted an exception.
Unvaccinated Dumagat leaders were also barred from entering the venue even though vaccine cards should not be a mandatory requirement in government transactions, per the COVID-19 Vaccination Program Act.
“Bakit ngayong nasa Alert Level 3 na kami dahil sa COVID ay patuloy pa rin ang ginagawa ng NCIP? Alin ba ang mas mahalaga? Ang MOA o ang kaligtasan naming mga katutubo?” Tena said.
Those who were able to attend the meeting, meanwhile, were only given a few opportunities to voice their concerns before MWSS and some IP representatives signed the agreement.
The Commission on Audit (COA) earlier flagged MWSS for proceeding with the P12-billion Kaliwa Dam project amid the deficiencies in obtaining Free and Prior Informed Consent (FPIC) from the Dumagat-Remontado tribe. COA said the agency failed to prove the eligibility of IP members who signed in the written resolution of consent.
IP rights advocate Kalipunan ng Katutubong Mamamayan ng Pilipinas (KATRIBU) condemned MWSS and NCIP for “railroading” the negotiations and violating the Dumagat tribe’s right to self-determination. KATRIBU also urged the government agencies to uphold genuine FPIC, which encourages community participation instead of “limiting the discussions to NCIP-selected Dumagat leaders only.”
The 22 tribal leaders, for their part, vowed to fight for their ancestral domain and demanded the repeal of the onerous MOA between MWSS and select members of the Dumagat tribe. The leaders also called MWSS to conduct discussions in their communities to reach people who cannot attend the meetings.
“Bago pag-usapan ang MOA signing, dapat munang ibalik at ipaunawa sa mismong pamayanan ano ba ang laman ng MoA na ito dahil marami pang hindi ito lubos na naiintindihan,” Dumagat leaders said. “Huwag sana kaming plitin pirmahan ang MOA, at huwag kaming pangunahan sa pagdedesisyon bilang mga direktang apektadong komunidad.” ●
