CHR: Solving Metro Manila's water problems shouldn't violate IP rights, environmental laws
MANILA, Philippines — Solving Metro Manila’s growing demand for water should not come at the expense of the rights of indigenous peoples, the Commission on Human Rights stressed as it urged the government to be mindful of its state obligations in pursuing the Kaliwa Dam project.
“While we recognize that there is a legitimate concern on water security in Metro Manila, this should not come at the expense of human rights of affected indigenous communities and their land’s biodiversity,” Jacqueline de Guia, CHR spokesperson, said.
The China-funded Kaliwa Dam, which is intended to become a major water source for the nation’s capital, is feared to cause flooding, damage the environment and displace communities—including the Dumagats who have lived beside the river for generations.
“Looming forced displacements in ancestral domains threaten communal bonds, disrupt interpersonal ties and social interactions and sever the often strong cultural and spiritual attachments of the indigenous peoples to their ancestral lands,” De Guia said.
She added there may be a “possible irreversible damage” to the biodiversity of the Sierra Madre and the Kaliwa watershed—a declared forest reserve and wildlife sanctuary.
SPECIAL REPORT: In the abundance of water: A dam project may wash away generations-old Dumagat villages
Right to free consent
CHR made the warning weeks after the issuance of the Environmental Compliance Certificate for the proposed P18.7-billion dam project. The ECC allows a project to proceed to the next stage of project planning, which includes securing approvals from other government agencies.
“We call on the Department of Natural Environment and Natural Resources to ensure that the project is respectful of environmental laws and human rights standards,” De Guia said.
The National Commission on Indigenous Peoples, however, has yet to certify that the project has Free Prior and Informed Consent. FPIC is a requirement for projects on ancestral domains.
CHR said it is concerned about allegations of fake consultation reports and approval from indigenous communities.
“The right to free consent implies equally the right to dissent. If indigenous peoples are clearly opposed to a particular project, their decision should be respected and they should continue to benefit in the same way as other peoples from State benefits, development plans and services,” De Guia said, as she called on the NCIP to ensure that “genuine and rights-based” processes of securing FPIC are followed.
PHOTO ESSAY: Agos River: Where life flows for the Dumagat people
‘Extraordinary powers’ to be invoked for Kaliwa Dam project
President Rodrigo Duterte said he is ready to use his “extraordinary powers” for the construction of the planned Kaliwa Dam.
“I could not just allow to go about without water ever for drinking. Kung ‘yung concern ninyo (If your concern is) local governments, ganon, it will pollute, it will destroy, I will just say to the, sa kung sinong mag-ano ... you just place the safeguards,” Duterte said.
He added: “My concern is the welfare. The greatest good for the greatest number. That is democracy.”
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