The Commission on Human Rights cautions the government to be mindful of its State obligation in implementing development projects such as the construction of Kaliwa Dam in areas covering ancestral domains of indigenous peoples in Rizal and Quezon provinces. While we recognise 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.

The Commission is concerned about allegations of faked consultation reports and approval from indigenous community to push through with the project. The free prior and informed consent (FPIC), as embedded in the indigenous peoples’ right to self-determination, is necessary to any activity that affects their ancestral lands, territories and natural resources.

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.

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. Apart from displacement of local communities and the Agta-Dumagat-Remontado population, the Commission warns the government of the possible irreversible damage to the biodiversity of the Sierra Madre and the Kaliwa Watershed, which is a declared forest reserve and wildlife sanctuary. If executed, this is a direct violation of the National Integrated Protected Areas System (NIPAS) Act as more than hundreds of species will lose their natural habitat.

We call on the Department of Natural Environment and Natural Resources (DENR) to ensure that the project is respectful of environmental laws and human rights standards. Although it already granted the project of the Environmental Compliance Certificate (ECC), the project proponents will be held liable if they fail to comply with the stated conditions in the ECC and will result to the cancellation of the certificate.

We urge the National Commission on Indigenous Peoples to ensure that genuine and rights-based processes of securing the FPIC of the affected communities are followed in all stages of the consultation. Likewise, the Commission supports the proposal to conduct a congressional hearing on the dam project to air the grievances of the Agta-Dumagat-Remontado communities.

The Commission will closely monitor the implementation of the project and is open to facilitate dialogues between the government and the communities to come up with viable mitigation and rehabilitation plans addressing the possible negative human rights impacts of the project. ###