SUMMARY OF EVENTS AND DOCUMENTS JUSTIFYING A CALL FOR A MORATORIUM ON OIL PALM EXPANSION IN THE PROVINCE OF PALAWAN (THE PHILIPPINES) If you are at all concerned about the environmental impact of oil palm plantations in SE Asia then please read this because you will be as shocked as I was when I discovered how outrageously illegal and immoral the land-grabbing and annexation of the ancestral lands of the indigenous people here is by the oil palm corporations. I will be starting a Facebook page solely dedicated to this issue. 1. Independent reports have established that considerable portions of the last remaining Philippine lowland forest (primary and secondary) of Southern Palawan have been clear-cut to allow the entry of oil palm plantations; [see ALDAW geotagged report part II and photographic evidences of forest conversion for oil palm in Bgy. Sandoval (Municipality of Bataraza) and related letters dated 26 July 2013 being submitted by ALDAW/NATRIPAL to Palawan-PENRO and to PCSD, see also photographic documentation by PNNI related to forest conversion for oil palm plantations in Berong (Municipality of Quezon); 2. Members of indigenous communities claim that there is a direct relationship between oil palm expansion and the impoverishment of their diet, and the progressive deterioration of their traditional livelihood. Such indigenous communities believe that oil palm plantations are responsible for the drastic decline of medicinal plants traditionally used by them for curing common ailments, as well as for the depletion of non-timber forest products (NTFP), animal species and fresh water resources on which they also depend for their livelihood; (see new ALDAW report confirming IPs claims. This is in preparation). 3. In 1990 the whole province of Palawan, because of its unique biocultural diversity, was declared by UNESCO a Man and Biosphere Reserve and had already been declared “Game Refuge and Bird Sanctuary” since 1967 and a “Mangrove Reserve” since 1981. Oil palm plantations eradicate native plants and animals from the areas being encroached, and thus are directly responsible for biodiversity loss; 4. The endorsement of oil palm plantations in areas that have been managed and conserved by indigenous peoples since time immemorial contradicts declarations and international conventions that the Philippine Government has ratified such as 1) The Convention on Biological Diversity (CBD), 2) The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), 3) The Convention concerning the Protection of the World Cultural and Natural Heritage and, 4) the Convention for the Safeguarding of the Intangible Cultural Heritage; 5. International organizations such as Grain, Forest Peoples Programme, Rainforest Rescue, Forest Coalition, Biofuel Watch, International Work Group for Indigenous Affairs (IWGIA), World Rainforest Movement (WRM), Working Group on Mining in the Philippines (WGMP), ICCA Consortium, University of Kent (UK) and national organizations such as the Koalisyon ng Katutubong Samahan ng Filipinas (KASAPI) and civil society networks such as Alyansa tigil Mina (ATM) have already expressed their deep concern about the environmental and social consequences of oil palm development and have supported local NGOs call for a Moratorium on Oil Palm expansion in Palawan (see attached letters); 6. Between March and June 2013, 107,000 (one hundred seven thousands) online signatures have been collected to stop oil palm expansion in Palawan and the Philippines. Such petitions were launched by reputable international campaign organizations such as Rainforest Rescue, Change.org and Care.org (copies of the signatures are available upon request); 7. Several local farmers’ cooperatives which have entered into agreements with Agumil, bitterly complain about the lack of transparency on the part of the said company and about company’s financial reports not being shared with its members, as well as about the lack of economic benefits received from oil palm plantations, after 7 years from their implementation; 8. Plantation workers, which include both local indigenous people and migrants, have complained about unfair working conditions, delayed payments and unfair computation of working days, and about no benefits and/or any form of insurance being provided by the company to its workers; 9. A letter of concern jointly signed by indigenous representatives of Palawan and Mindanao was protocolled with the Office of the President at Malacañan on 25 July 2013, calling for a nation-wide moratorium on oil palm development and for a close monitoring of the current and ongoing activities of oil palm companies (see attached letter); Because of this actions the Office of the President officially requested concerned government agencies such as the Commission of Human Rights, the Department of Agriculture (see attached 1st endorsement letters) to take proper actions. This has led to a series of oil palm inter-agency meetings held in P.P.C. also attended by national government representatives (DA Carlos B. Carpio, Project Manager Palm Oil Development Office), which, however, did not provide concrete responses to the legitimate complaints raised against oil palm development by indigenous peoples, farmers and cooperatives; 10. Between July and August, the organizations ALDAW and NATRIPAL expressed their concerns about the environmental impact of oil palm expansion through the writing of letters addressed to the Mayors of the following municipalities: Aborlan, Bataraza, Brooke’s Point, Narra, Quezon, Rizal, Sofronio Española and Puerto Princesa City and thus making a call for possible meetings to further discuss these matters in detail (see attached letters). Attempts to establish contacts and to sensitize the Mayors of the above municipalities on oil palm issues have, so far, failed; 11. A letter signed by the members of the Working Group on Oil Palm Concerns (WOGOP) (see attached copy) and protocolled on 18 October 2013 with the national office of the Forest Management Bureau inquiring on whether ‘special use permits’ had been released by DENR-FMB to Agumil Philippines, Inc and CAVDEAL, has remained unanswered. This is in violation of R.A. no. 9485 (Anti-Red Tape Act of 2007); 12. A letter signed by the members of the Working Group on Oil Palm Concerns (WOGOP) (see attached copy) and protocolled on 18 October 2013 with the national office of the Environmental Management Bureau (EMB) requesting to verify the status/existence of Environmental Compliance Certificates (ECCs) allegedly issued to Agumil Philippines, Inc. and CAVDEAL, has remained unanswered. This is in violation of R.A. no. 9485 (Anti-Red Tape Act of 2007); 13. It has now been ascertained that forest clearing for oil palm development by companies and enterprises such as Agumil Philippines, Inc, the Palawan Palm and Vegetable Oil Mills Inc (PPVOM), San Andres, the Cavite Ideal International Construction and Development Corporation (CAVDEAL) has taken place in the absence of DENR ‘tree cutting permits’ and thus in violation of EO 23 and Revised Forestry Code P.D.705 of 1987, and existing environmental legislation; 14. The absence of ‘tree cutting permits’ by DENR to Agumil Philippines Inc and its sister company PPVOMI has further been confirmed by Mr. Leonard Caluya, head of the Forest Management Service (FMS) of PENRO-Palawan, in the course of an oil palm inter-agency meeting held at the Governor’s Office on 28 August, 2013 (video-statement available upon request); 15. In the course of various ocular inspections, CENRO-Quezon has established that oil palm plantations have encroached on Alienable and Disposable Land (94.2930 ha) and on Timberland (185.2398 ha) in the Municipalities of Quezon and Rizal; With reference to such findings CENRO-Quezon has already filed a criminal case against Agumil Philippines, Inc which was received by the Court about one month ago. (See copies of the report.); 16. In the course of a joint ALDAW/CENRO field appraisal carried out on 23 January 2014 inside an area of newly cut forest allegedly developed by Agumil Phil. Inc and San Andres, it has been established that at least 28,39 ha of Alienable and Disposable land and 2.69 ha of Timberland have been cleared for oil palm plantations. CENRO-Brooke’s Point has recommended, and it is actually planning to file appropriate criminal charges against the above companies for gross violation of section 68 and section 69 of Presidential Decree (PD) 705. (See attached CENRO report); 17. The first Multipartite Monitoring Team (MMT) in which NGOs were represented was carried out in the Municipality of Quezon on 14 November 2013, and was attended by the following members: ZOSIMA D. JAMPIT Chief, Environmental Management Services MMT (Interim) Chairperson, SAMUEL TATOY MENRO Quezon Representative, LORETO RODRIGUES Chief, FMS, HON. WILFREDO DE LEON Barangay Captain, Brgy. Tagusao, BENJAMIN L. ADRIANO JR PCSDS, CHARLITO M.NILASA, NGO representative, PABLO DANGLONG, Bgy. Berong Representative. Amongst the various mission’s findings, the MMT was able to document massive forest clearing and removal of riparian vegetation along the edges of Ljambungan river in Bgy. Berong, allegedly being carried out by Agumil Philippines Inc. (see MMT report and independent report prepared by Charlito Nilasa of ALDAW). The MMT also documented the illegal opening of a road along the side of the same river allegedly constructed by the same company, causing severe soil erosion and collapsing of river edges (see attached photos). Such findings indicate that Agumil Philippines Inc and PPVOMI have violated DENR EO 23 in both barangay Tagusao and Berong. The expansion of oil palm plantations outside the authorized ECC area (ECC-R4B-0807-17B-3909 issued to PPVOMI on September 26, 2008) was further confirmed by Roselyn Julian (Rep. of Agumil Philippines Inc.) in the course of the MMT mission. The mission also found evidence of Agumil oil palm plantations expanding in the Tagbanua CADT area in Berong with no formal evidence of free-prior informed consent (FPIC) being obtained by such communities, and with no Certificate of Precondition (CP) released by the National Commission on Indigenous Peoples (NCIP) to Agumil Philippines, Inc, as it would be required by the Indigenous Peoples Rights Act (R:A. 8371); 18. The expansion of oil palm plantations by Agumil Philippines, Inc., and by other companies and enterprises, is taking place without the Free and Prior Informed Consent (FPIC) of the local indigenous communities, and thus in violation of NCIP Administrative Order no.3 of series of 2012 and in contradictions with other key articles stated in the Indigenous Peoples Rights Act (R.A. 8371) such as the: 1) Rights of Ownership (Chapter III, Sec. 7, item a); 2) Rights to Religious, Cultural Sites and Ceremonies (Chapter VI, Section 33); 3) Right to Develop Lands and Natural Resources. (Chapter III, Sec. 7, item b); 4) the Rights to Ancestral Lands (Chapter III, Sec. 8); 5) the Right to Determine and Decide Priorities for Development (Chap. IV, Sec. 17), etc; 19. The Palawan Provincial Office of NCIP has already ascertained that oil palm plantations overlap with the ancestral domain of Tagbanua and Palawan tribes in at least 16 barangay belonging to five municipalities. The Agumil oil palm company has been formally requested by NCIP-Palawan to comply with Section 59 Certificate of Precondition of the Indigenous Peoples Rights Act 8371 and to coordinate with NCIP Provincial Office (see attached NCIP letter dated 15 August 2013). As of now, Agumil Philippines Inc. has not replied nor complied with NCIP request; 20. Except for a SEP clearance issued to PPVOMI for its nursery and oil mill area (about 13 hectares) there are no SEP clearances issued for the remaining thousands of hectares being converted into oil palm plantations (around 6,000 ha until present time). The existence of this SEP clearance (and of no other SEP clearances) was confirmed in a letter from PCSD to ALDAW/NATRIPAL dated 27 August 2013 (see attached letter and copy of SEP clearance) in response to ALDAW/NATRIPAL request letter dated 22 August 2013 (see attached letter). The development and expansion of oil palm plantations without SEP clearance is in clear violation with the key provisions of the Strategic Environmental Plan (R.A. 7611); 21. Between 20-25 November, in the course of a field appraisal, the Palawan Council for Sustainable Development (PCSD) had already ascertained for itself the complaints raised by members of oil palm impacted municipalities during a set of consultations facilitated by ALDAW, which were based on interviews to 20 respondents from the six oil palm affected municipalities in Southern Palawan; 22. On February 2012, the Save Palawan Movement wrote a letter (see attachment) to seek the urgent assistance of Honourable Ombudsman Carpio-Morales to conduct an immediate investigation into the acts and decisions of key and seniors officials of the Palawan Council for Sustainable Development (PCSD) which have resulted in the destruction of Palawan forest and watersheds and threatened the Province’s biodiversity. Such acts and decisions also include the failure of PCSD to effectively monitor and prevent the encroachment of oil palm plantations into forest areas; 23. Between 2011 and 2013 indigenous representatives from the Municipalities of Quezon, Brooke’s Point, Sofronio Española have submitted their own notarized affidavits against the encroachment of oil palm plantation on their ancestral land (see copes of affidavits); 24. On 11 November 2011, Resolution no. 51, was issues by the Barangay Council of Ipilan, Brooke’s Point, Palawan, requesting the Sangguniang Bayan of Brooke’s Point, Sangguniang Panlalawigan, PCSD, DENR and other concerned agencies to take immediate measures countering the negative impact of oil palm plantations and halting the expansion of such development schemes within the jurisdiction of Barangay Ipilan and neighbouring communities; (see attached resolution); 25. Since after almost 7 years of oil palm implementation only one MMT (attended by NGO reps.) has been carried out, and specifically in the Municipality Quezon. Concerned government authorities and the Provincial Environmental Management Bureau (EMB) have failed to ensure the systematic monitoring of oil palm development, and the participation of NGOs in such processes which should have (and have not) monitored: 1) the impact on air and water of the palm oil processing plant in Maasin, 2) the management and disposal of industrial/plantations’ waste by PPVOMI-Agumil, 3) the contamination of local water sources and rivers, and the potential impact of massive consumption of water for plantation vis-à-vis water consumption for civil uses, etc.; 26. There is no evidence that any social, cultural, economic or environmental baseline studies or impact assessment has been undertaken by concerned government agencies before or since the establishment of oil palm plantations; 27. Oil palm expansion and massive land conversion continues to take place in the absence of existing topographic maps. This makes it impossible for the government to systematically determine the ownership, elevation, land classification, etc. of the area in which oil palms are being planted; 28. The Landbank (as the main financer of oil palm development in Palawan) has no mechanism to assess or monitor its social or economic impacts on populations affected by its loan facilities. In a letter dated 10 Oct 2013, this and other concerns have already been raised to the said bank by the members of the Working Group on Oil Palm Concerns (WOGOP) (see attached letter), with no reply being provided by the former; THE ABOVE POINT CORROBORATE NGOs, INDIGENOUS PEOPLES’ ORGANIZATIONS, AND INDIGENOUS COMMUNITIES CALL FOR A PROVINCE-WIDE MORATORIUM ON FURTHER OIL PALM EXPANSION UNTIL: • All charges and evidences against Agumil Philippines, Inc. and other enterprises involved in oil palm expansion are properly assessed and processed through the available legal and juridical means; • Reliable scientific data becomes available on the real benefits gained from oil palm development in comparison to the adverse environmental and social costs which have so far been assessed and documented and which also need additional investigation and research in order to be fully understood; • A serious review of existing and proposed oil palm plantations is carried out in order to assess their present ecological status and the overlapping between them and those areas that are still conserved and managed by indigenous people as well as the overlapping with ECAN land categories, timberland, etc.
Posted on: Mon, 21 Jul 2014 08:03:59 +0000
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