TRIBE WRITES GMA
    Aetas’ pact with CDC opposed

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    CLARK FREEPORT – A Pampanga-based Aeta group has written Pre-sident Gloria Macapagal-Arroyo, expressing its strong opposition to the Joint Management Agreement (JMA) entered into by the state-owned Clark Development Corp. (CDC) with the Bamban Aeta Tribal Association (BATA) in December 2007.

    The Mabalacat Aeta Tribal Association (MATA), in a letter to Arroyo dated June 1, 2009 and obtained by Punto last week, raised several issues against the JMA and its Implementing Rules and Regulations (IRR).

    The IRR has yet to be implemented due to the failure of Bamban Aeta Tribal Association (BATA) Chairman Oscar Rivera to sign it, according to CDC Senior Executive Assistant Atty. Restituto “Resty” Capulong.   The JMA was signed by the CDC (with then President and CEO Liberato “Levy” Laus), the National Commission on Indigenous Peoples (NCIP) and BATA.  

    Citing Republic Act No. 8371, the MATA, led by its chairman Robert Serrano, said “in order to avoid complications and delays, the IRR must be translated and interpreted, all the intents and scopes of the activity in a language or dialect that is understandable to the community most especially to the individual claimants, preferably in Mag-anchi dialect of the Aetas of Sacobia and also in Tagalog and Pampango.”

    The MATA also stressed that “the duration of term of the JMA in years must be indicated and subject for review every five years.” The JMA is good for 75 years, said the CDC.

    “All prospective locators or investors of CDC must first file a letter of intent in securing free and prior informed consent (FPIC) for every piece of land to be leased out, addressed to the regional director Salong M. Sunggod, National Commission on Indigenous Peoples (NCIP), Tribal Council and affected Individual Claimants of the Land for development,” said the MATA in a six-page comments, observations and arguments on the JMA and IRR which was attached to their letter to Arroyo. 

    “It doesn’t mean that if there is a JMA entered with the tribal councils, it does mean the free and prior informed consent will be ignored and neglected. It’s clear in the IPRA Law, that every prospective piece of land for development use must have corresponding FPIC. The letter must be translated also in dialect understandable to the community,” it added.

    Citing the same law on the protection of the Aetas’ welfare, the MATA said “The Ancestral Domain Sustainable Development and Protection Plan (ADSDPP) of the Aetas must be the priority and must prevail over and over before the CDC master development plan.”

    “This is very clear and protected and guaranteed in the IPRA Law R.A. No. 8371. All propose developments of CDC must be in accordance with the ancestral domain sustainable development and protection plan (ADSDPP) and taking only into consideration the CDC Master Plan,” it added.

    The MATA also questioned the territorial scope of the CDC master development plan, saying “it refers only to the CFZ/CSEZ not the CADT Area (Bamban, Tarlac and Mabalacat, Pampanga).

    “CSEZ in Sacobia area is already superseded by the CADT. CFZ is 4,400 hectares. CSEZ is 19,000 hectares (mostly in Capas area). CADT is 10,684 hectares which is outside of the CSEZ,” it added.

    “The rights of the Aetas of self determination must be indicated in the IRR. Like the right to develop, established and administer their own projects and livelihood projects since they have funds to start with,” said the MATA in their opposition to the IRR.

    “The right to lease directly or joint venture of some land to locators of their own. The right to allocate limited pieces of lands for CDC use and not the whole 10 thousand hectares. The right to refuse, which is very clear guaranteed in the R.A.8371,” they added.


    UNFAIR SHARING

    Serrano, who signed the letter to Arroyo, urged the CDC to “fully recognize” the MATA as a people’s organization as it “.is legally registered at the Securities and Exchange Commission and the MATA election of officers was legally administered and approved by the NCIP officials of Region 3 of Region 3,” the group said.

    The MATA also raised a howl of protest against the 80-20 income sharing scheme favoring the CDC as stipulated in the JMA. 

    “The issue on 80%-20% sharing scheme between the CDC and the Tribong Aeta ng CADT RO3-BAM-1104-025 is still pending in Congress and still awaiting early resolution “ Pampanga 1st District Rep. Carmelo Lazatin raised the issue to the House. District of Pampanga saying the sharing scheme was way too low and highly disadvantageous to the  Aetas. 

    “CDC is giving incentives and benefits to the prospective locators to spend on their own infrastructures, utilities etc. and after to be deducted in the lease payment. So, why would CDC get a higher share when they will not spend much. It will all be charged to locators. It should also be indicated that there will be no loans or credit to be made by CDC in the banks to be used in the developments and infrastructures in the area or else including the rightful shares of the Aetas will be committed,” they added.

    The MATA also asked the CDC to include the Mabalacat and Bamban local government units as permanent members in the Joint Development Committee (JDC) by virtue of their political and territorial jurisdiction over the area.

    (LGUs) headed by Mayors Marino “Boking” Morales and Ding Anunciacion, respectively, in the Joint Management Committee (JMC).  

    “All proposed lease agreements between CDC and locators must first be reviewed by the JDC before the signing of contract, not the other way around,” MATA said.

    “There is no need for the CDC Board of Directors approval when it comes to disturbance compensation and financial assistance, all matters must be referred to the JDC,” they added. “Permits and Clearance must be secured first from the barangays and municipality affected. The Municipal Government of Mabalacat has a precedent on this matter.,”

    The MATA stressed that the JMA was “not entirely clear and fully aware (sic) to the affected individual.”

     
    MONEY MATTERS

    “With regards to the special provisions of deducting the advances and vehicles given by CDC to the Aetas, the shares of Mabalacat Aetas from the leased payments of locators located in Mabalacat areas could be deducted but not the vehicles and advances of Aetas of Bamban. The vehicles given were not actually given clearly because they bear the red plates, meaning they are government properties, not given away by CDC freely. The vehicles are being driven by Aetas who don’t work at CDC and don’t have travel orders. Red plates are for official use only. This is a Clear Violation of Anti-Graft and Corruption Law,” said MATA, referring to the at least 10 brand new service vehicles given by then CDC President and CEO Laus to BATA last year.

    “Each Aeta people’s organization (MATA and BATA) must have their own respective Aeta Development Fund (ADF) to chart their own destiny. The respective council of elders must also be consulted with regard to all matters involved. There must be a membership of elders in the ADF and CDC,” said MATA.

    “CDC must first remit all the rightful shares of the Aetas from the leased payments or contract entered before, between CDC and locators, like BB International (Gate 14, Barangay Marcos), who paid P300 million in advance, Fontana golf now Korea CC (signed in1998, Barangay Macapagal and Marcos), Donggwang (signed 2008, Barangay Calumpang), Orchid Farm (Bamban), Mango Orchard (fruits have been harvested and earning since 1998, Barangay Calumpang), sand quarry collection fees in Sacobia River (Barangays Marcos, Macapagal and Calumpang since 1998 to date 2009),” they said. 

    “There must be clear-cut policies with regard to these matters before finalizing the IRR and JMA. The shares of remittances must be in favor to the Aeta land affected. If the investor area is located in the area of Mabalacat, the shares must be in favor to the MATA, tribal council and elders and individual claimants,” they added. .

    “With regard to withholding the remittance of 20% share of Aetas… there must be also a provision to withhold CDC 80% shares if they were to find of willful breach of contract or non-compliance on their part or revocation of JMA. CDC leased out 300 hectares of land to a Korean Corp. Donggwang (Barangay Calumpang) without the knowledge of the Aetas, tribal council and NCIP last year, during the term of Mr. Levy Laus, President/CEO of CDC. At the same time there was no application of free and prior informed consent,” the MATA said to further raise questions the CDC’s past deals with locators. 


    UNFULFILLED

    “The barangay proper residence housing areas and sitios must remain and retain in the same areas. The housing area at Sitio Haduan, Barangay Marcos was built and donated by Rotary International in the late 1990s. The Non-Aeta People (unats) who co-exist with the Aetas in the area or barangays have also rights in the IPRA Law.

    “CDC must first comply with its commitments with regard to the Gate 14 Memorandum of Agreement, like the renovation and fixing of the broken hanging bridge. It’s more than a year past, nothing has been done and so forth and so on. (Please refer to the said MOA) The said MOA must be reviewed again and make an actual land survey (Leased to BB International),” they said.

    “In the project monitoring team (PMT) the LGU’s must have representation since the areas still have existing Barangay concerns. The LGU’s Eng’g and Building Office should be a regular member,” they said.

    “There should be a higher percentage of the Aeta Development Funds (ADF) that will be allocated to Aeta People, for provision of social services development projects, most specially the corresponding personal shares of individual claimants for letting their lands to be used for developments. The elders must have representations too. The elders must be given some ample time and chances to enjoy the fruits or shares of their lands. The proposed percentage at least 70% to 80% of the total share received from the locators. The remaining 20%-30% share will be used by respective association (MATA and BATA) to manage their group,” they said.  “Relocation of Aeta communities of households is not the business of CDC. In doing so, CDC must first apply or  file FPIC. CDC could develop the housing programs on the same area where they belong now. It’s only a matter proper planning and incorporate all LGU’s developments. CDC can design plans using the same area where Sitios belong now and subject to the approval of all stakeholders concern. Also CDC must have a letter of intent to the LGUs involved because the areas are legitimate and duly constituted barangays of the municipalities, in fact the LGUs spend so much developments in the past. There must be also a public hearing when it comes to this matters,” said the MATA.

    “There should be a provision of limited utilization of lands for the CDC developments use and the rest solely for Aeta self development or group claimants’ developments,” they said. 

    “Clark Development Corporation be recognize as sole entity or management to develop the more than 10 thousand hectares CADT RO3-BAM-1104-025 of Aeta lands or else the ADSDPP has no worth or meaning at all. While the ADSDPP meaning is Ancestral Domain Sustainable Development and Protection Plan, the Aeta Master Development Plan is the priority, the ADSDPP must prevail and must be protected by the NCIP and LGU’s involved before any CDC vested interest,” they said.    

    “The Aetas cannot fully agree to voluntary abide, and comply with the following duties and responsibilities imposed and dictated by CDC in the IRR, to respect and recognize CDC’s  mandate, powers and functions as the sole operating arm to manage the whole CADT Area or else the Aetas have no rights at all in their own lands and domain. Like the Hon. Congessman Tarzan Lazatin said, the Aetas were treated by CDC as second class citizens in their own lands, when the Gate 14 Aetas were thrown out and transferred beside Sacobia Bridge (Marcos Village) and left at the mercy of scorching sun now called Sitio Bilad, if the Aetas have no more rights over their lands and domains, the Questions are?  What is the use of adspp then? What is the use of ancestral domain office then? What is the use of ncip then? What is the use of indigeneous peoples rights act then? What is the use of local government’s then?,” they asked in the letter sent to Punto. They added that “If all and everything will be recognized as CDC mandate, powers and functions as the operating arm to manage and develop the entirety of more than 10,000 hectares of Aeta lands, the only one right question to be asked the Clark Development Corporation is “Where is (sic) the rights of the Aetas then?

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