In issuing this stand, the DENR wanted to give assurance to the National Commission on Indigenous Peoples (NCIP) that it will abide by the Indigenous People Rights Act (IPRA) in its promotion of the mining industry.
The DENR was reacting to the allegations of anti-mining advocates led by bishops and leaders of religious, environment and cause-oriented groups that the governments aggressive campaign for the mining sector would displace at least 12 million indigenous people.
"The government will stand by the IPRA and will not issue any mining tenement in ancestral lands without the free and prior informed consent of the indigenous people in the area," said DENR Undersecretary for Mining Deinrado Dimalibot.
Dimalibot said it rests on the discretion of the indigenous groups whether they would allow or reject any mineral exploration in their communities.
Under the IPRA, the indigenous groups shall, within their communities, determine for themselves policies, development programs, projects and plans that would meet their identified priority needs and concerns.
The law also provides that they have the right to accept or reject certain developmental interventions in their communities.
Former President Fidel Ramos signed the IPRA into law on Oct. 29, 1997.
Deemed as a landmark legislation, the IPRA was a consolidation of several bills dealing with ancestral domains and lands, and international agreements on the recognition of the land or domain rights of indigenous groups.
In general, the IPRA seeks to recognize, promote and protect the rights of the indigenous people such as their right to their ancestral domain, self-governance and empowerment, social justice and human rights, and cultural integrity. Katherine Adraneda