comval bk: indigenous people transparency mechanism

A Presentation onthe Lessons and Challenges of Compostela Valley Province IP Transparency Mechanism

Augusto Blanco, Jr.IPMR-SP Member

Eden Nature Park and Resort, Davao CityAugust 22-23, 2013

> Brief Profile;> IP Initiatives on Transparency Mechanism; > Lessons Learned on IP Transparency Mechanism;> Challenges of IP Transparency Mechanism;> Documents promulgated to support EITI

Order of Presentation:

11 Municipalities

2 Congressional Districts

Home of the six tribes:

Mansaka

Mandaya

Dibabawon

Mangguangan

Manobo

kagan

BRIEF PROFILE

Ancestral Domain Map of Compostela Valley Province

Estimated IP Population: 221, 068

ISSUED AND APPROVED CADT’S

Mandaya Manobo Mangguangan & Dibabawon

Mandaya & Mansaka

Dibabawon

Mansaka

Dibabawon & Mangguangan

141,769.00090,413.8676

30,468.23

60,968.49

20,087.33

Land area (Comval):

428,120 has

Total: 345,701.91has.

Ancestral Domains are now taking center stage for Investments

Sectoral Distribution of FBI-FPIC Applicationssince February 2004-Present (%)

79.56

6.57

5.84

2.922.19

1.46.73

.73

Distribution of FBI-FPIC Applications of Miners in ComVal Since February 2004-Present

60.2%38.9%

IP Initiatives on Transparency Mechanism

• Review on the implementation of FPIC process;

• Efforts on Facilitating Compliance to Memorandum of Agreements; and

• Review to programs and project s implementation by IPOs

Decision to extract/not to extract

Awarding of Contracts/ licenses

Fiscal Terms

Extraction Process

Trading of Commodities

Tax and revenue collection

Revenue Management and allocation

Development Project/ policies

Taking the principles of Value Chain

By experience, FPIC process has its effects to quality of MOA and its state of compliance by Parties

Initiative on Reviewing the Implementation of FPIC process

PTC/IP-PCB Workshop on complementation of Customary Practices with the FPIC process held last April 8-10, 2013

NCIP Comval Management conference and workshop held at Haven’s Peak, Maragusan last June 28-29, 2010;

FPIC Team Meeting held at NCIP Provincial Office last June 24, 2008;

The objectives to review the Implementation of the FPIC Process:

1. To identify issues or gaps need to be addressed to improve the implementation of FPIC process; and

2. To improve built-in facilitative mechanism on compliance of Memorandum of Agreements

Decision to extract/not to extract

Awarding of Contracts/ licenses

Fiscal Terms

Extraction Process

Trading of Commodities

Tax and revenue collection

Revenue Management and allocation

Development Project/ policies

Taking the principles of Value Chain

By experience, FPIC process has its effects to quality of MOA and its state of compliance by Parties

Efforts on Facilitating Compliance to Memorandum of Agreements

3rd Ancestral Domain Investors’ Conference held at Capitol Bldg., Cabidianan, Nabunturan, Compostela Valley last October 24, 2012

2nd Ancestral Domain Investors’ Conference held at Capitol Bldg., Cabidianan, Nabunturan, Compostela Valley last October 26, 2011;

NCIP Comval Performance Review held at Bamboo Inland Resort, Andap, New Bataan last January 7-8, 2010;

Efforts on Facilitating Compliance to Memorandum of Agreements

IPPCB Conference in re: Review on MOA Compliance held at Bamboo Inland Resort, Andap, New Bataan last June 8-10, 2010;

Investors Conference held at Social Hall, Capitol Cmpd., Cabidianan, Nabunturan, Comval last April 20, 2009;

Creation of Oversight Monitoring Committee: Executive Bodies, e.g. (Maco)

Organization of NCIP Monitoring Team on MOA Compliance and ADSDPP Implementation

Objectives on Facilitating Compliance to Memorandum of Agreements

1. To address complaints on delayed, partial or non-compliance to Agreements;

2. To explore complementary and collaborative points to religiously comply the Agreement;

3. To Monitor and evaluate how IP Royalty fund is utilized

Decision to extract/not to extract

Awarding of Contracts/ licenses

Fiscal Terms

Extraction Process

Trading of Commodities

Tax and revenue collection

Revenue Management and allocation

Development Project/ policies

Taking the principles of Value Chain

By experience, FPIC process has its effects to quality of MOA and its state of compliance by Parties

Initiative of Reviewing the programs and project implementation by IPOs

Conduct of Performance Review in the implementation of ADSDPP investment plan by IPOs (Occasional Basis);

Conduct of Year-end Accomplishment and Evaluation to ADSDPP implementation by IPOs;

Objectives of Reviewing the programs and project implementation by IPOs

1. To Monitor and evaluate the implementation of ADSDPP (Physical versus Financial Accomplishment);

2. To identify areas that needs immediate attention for efficient and effective management of IPOs;

Lessons Learned on IP Transparency Mechanism

1. Improves the financial management system by making it more transparent;

2. Encourages people to become more responsible in the management of resources;

3. Strengthens indigenous institutions by improving credibility to people running it;

4. Assisting role of stakeholders is helpful to empower ICCs/IPs in exercising self-governance

Challenges of IP Transparency Mechanism

1. For the Government Agencies to strictly implement the law;

2. For companies to religiously comply the agreements and the laws;

3. For ICCs/IPs to responsibly use customary practices

Documents Promulgated by ICCs/IPs to Support/Complement EITI in ComVal

1. The Provincial Tribal Council Resolution ADOPTING THE TRANSPARENCY

MECHANISM OF THE PROVINCIAL GOVERNMENT STIPULATED IN E.O. NO. 020-2012, SUPPORTING THE ACTION PLANS AND MECHANISMS OF PHILIPPINE-EITI AND COMMENDING THE NOBLE INITIATIVE OF HON. ARTURO T. UY FOR TRANSPARENCY AND ACCOUNTABILITY

2. The Provincial Tribal Council/IP-Provincial Consultative Body Resolution No. 4, S. 2013 “ADOPTING POLICY GUIDELINES ENSURING TRANSPARENCY AND ACCOUNTABILITY IN PURSUING ALL RELEVANT ACTIVITIES AND PROCESSES IN DECIDING UPON AND IMPLEMENTING MINING PROJECTS AND ALL OTHER NATURAL RESOURCE EXTRACTIVE INDUSTRIES WITHIN THE ANCESTRAL DOMAINS OF COMPOSTELA VALLEY PROVINCE”

Documents Promulgated by ICCs/IPs to Support/Complement EITI in ComVal

The Advent of EITI is seen to somehow:

1. Improve compliance of companies to Memorandum of Agreements;

2. Encourage among stakeholders to share information;

3. Facilitate Responsible extraction of mineral resources;

4. Provision of information where the proceeds of mineral extraction would go or utilized.

Thank you