Insights

BHP Billiton chided for interfering in IP affairs

June 30, 2008 – 9:42 pm | by Admin

BHP Billiton, the Australian mining giant, got another slap on the face when the National Commission on the Indigenous Peoples-Davao Region lambasted it for what the agency termed as “purely interfering in the purely internal affairs of our IP (indigenous peoples) communities” in the areas in Mati City where the Pujada nickel project is located.

In answer to the letter of Troy J. Charlton, BHP Billiton country manager, lawyer Roque N. Agton Jr., regional director of the agency, on June 16 said: “Basic is the rule that non-IPs, more so foreigners, are prohibited from exploiting the noticeable divergence of opinion between or among indigenous peoples, in this case the Mandaya and the Manobo tribes.”

Agton said he will not allow the agency and the communities to be “involved in the legal controversy with your company and Asiaticus Management Corp. especially that a case is now pending in court.”
He was referring to the case which resulted from the move of Asiaticus to rescind its agreement with the foreign company on exploiting the 11-799-hectare project.

Based on the information from the letter of Charlton on May 27, Agton said the foreign company “appears that your company has taken an active role in the organizations of the IPs in Barangay Cabuaya apparently to counter the decision of the IPs of Barangay Macambol (which expressly supported Asiaticus.”

He also pointed out that the agreement of the companies was not registered with his office.
In his letter to the central office of the agency, Charlton questioned the report that all stakeholders in the area have supported the Asiaticus.

He pointed out that about 700 community members, or about 50 percent of its registered voters, in Macambol, one of the barangays within the mining site, supported his company and its local subsidiary, QNI Philippines Inc. He said that “over 85 percent of the registered voters in Cabuaya will be submitting a petition of support for the proposed QNI/BHP Billiton work plans.”

However on June 6, Edgardo L. Tanutan Jr. Macambol barangay chair, issued a certification that based on the survey of a barangay nutrition scholar, 89 of those who signed the petition in support of the foreign company in Macambol where not residents of the barangay as they came from neighboring barangays while others came from as far as Matiao, a barangay near the center of the city which is about two hours by boat.

Last week, Australian Ambassador to the Philippines Rod Smith reminded the Mindanao business sector in Mindanao about the investment prospects of Australian mining in Mindanao, including that of BHP Billiton.
The reminder came about after its partner, Asiaticus, rescinded their agreement in developing the nickel project. This controversy has resulted in a court battle with Asiaticus gaining the upperhand after a lower court granted a preliminary injunction stopping the foreign company from entering the mining site and allowing the local firm to start the project.

This prompted the BHP Billiton to bring the issue to the Court of Appeals which ordered the two companies to present their positions on the issue. (Carmelito Q. Francisco / Mindanao Times)

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