KABAYAN, Benguet – The Cordillera office of the National Commission on Indigenous Peoples (NCIP-CAR) reportedly terminated the on-going free and prior informed consent (FPIC) process being conducted by the Aboitiz-owned Hydroelectric Development Corporation (HEDCOR) Kabayan for its proposed 20-megawatt Kabayan 1 and 45-megawatt Kabayan 2 hydro power plants which are being proposed to be constructed within the ancestral domain of indigenous peoples (IPs) in the municipality.
NCIP-CAR regional director Roland P. Calde wrote Mario Marasigan, Director of the energy department’s Renewable Energy Management Bureau, to inform him about the termination of the conduct of the FPIC process being undertaken by the NCIP FPIC team within the Kabayan ancestral domain in relation to the proposed two hydro power plants in the domain.
Further, Calde ordered the FPIC teams for both hydro projects dissolved while HEDCOR Kabayan representatives are prohibited from intruding and conducting any activity relative to its 20-megawatt and 45-megawatt hydro power projects within the Buguias and Kabayan ancestral domains.
In case of re-application for the conduct of FPIC process, the NCIP-CAR official underscored that pertinent provisions of Republic Act (RA) 8371 or the Indigenous Peoples Rights Act (IPRA) and other related rules and regulations governing the FPIC process for new certification of precondition (CP) applications shall apply.
On November 18, 2016, the Onjon ni Kasikuran shi Kabayan (ONKASKA), the duly registered IP organization in the said municipality, passed a resolution of non-consent for the proposed 20-megawatt and 45-megawatt hydro power plants being proposed by HEDCOR to be built within their ancestral domain primarily because of the alleged controversies in the grant of the service contract to the company and their plan to enter into a joint venture with the Benguet Electric Cooperative (BENECO) for similar projects considering better offers that translate to the overall benefit of the IPs in the town.
Subsequently, HEDCOR Kabayan Inc. filed a motion for reconsideration on the resolution of non-consent from the duly recognized IP organization having jurisdiction over their ancestral domain but the same motion for reconsideration was allegedly withdrawn by the proponent on August 8, 2017.
Under existing laws, rules and regulations, companies intending to exploit, develop and utilize the rich natural resources of the State must first secure the free prior informed consent of the affected indigenous peoples and indigenous cultural communities.
The ONKASKA questioned the legality of HEDCOR Kabayan’s acquisition of the service contract over the river system that will play host to the proposed renewable energy plants apart from expressing opposition to the tunneling activities to be done by the project proponent for the realization of the construction of the two power plants within their ancestral domain.
The IP group asserted their right to select which company it would partner with in the exploitation, development and utilization of the rich resources of the State that are located within their domain so that IPs will be the ones to benefit from such renewable energy projects instead of the multinational companies gaining at their expense. By HENT
