Task Force Anti-APECO - Letter to President Aquino - March 22, 2013
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Transcript of Task Force Anti-APECO - Letter to President Aquino - March 22, 2013
Background The Aurora Pacific Economic Zone and Freeport Authority (otherwise known as APECO) is a 12,923-hectare special economic zone in the Municipality of Casiguran, Aurora. It was created in 2007 through Republic Act (R.A.) No. 9490, and amended in 2010 by R.A. No. 10083 (which lapsed into law). It was sponsored in the Senate by Senator Edgardo Angara, and in the Congress by his son, Representative Juan Edgardo Angara. APECO aims to attract foreign investors from the Pacific Ocean side to Aurora but has so far received much opposition from community members of the Municipality of Casiguran coming from the peasant groups, fisherfolk and indigenous peoples who claim that their respective rights and the laws on which these are anchored are being violated by APECO activities. On November 26, 2012, 120 marchers - mostly peasants, indigenous peoples and fisherfolks - walked on foot from Casiguran to Manila. The marchers arrived in Manila on December 10, 2012, and stayed at the Ateneo de Manila University. On December 11, 2012, President Benigno Aquino III, together with some of his Cabinet members, namely, DOJ Secretary Leila de Lima, DBM Secretary Florencio Abad, DAR Secretary Gil de los Reyes, DENR Secretary Ramon Paje, NCIP Chair Brigida Zenaida Pawid, CHED Chairperson Patricia Licuanan, DA Undersecretary Emerson Palad, Communications Secretary Ricky Carandang, and PMS Secretary Julia Abad, met the farmers, fisherfolks and indigenous peoples in a dialogue at the San Jose Seminary Covered Court at the Ateneo de Manila University in Diliman, Quezon City. Also present were the Ateneo de Manila University Administration led by Fr. Jose Ramon Villarin, S.J., Jesuit Provincial Fr. Jojo Magadia, SJ, Theologian Fr. Catalino Arevalo, S.J., and scores of San Jose seminarians, faculty, students, and NGO supporters. The event was well-covered by the President's media corps and was covered live by ANC. The Casiguran Marchers’ Calls vis-à-vis the President’s Response The President and his Cabinet members arrived at the venue at exactly 11:49 am. Father Joefran Talaban, parish priest of Casiguran, started the activity with a prayer. It was immediately followed by the sectoral issues presented by Aderlina Constantino (peasant sector), Alejandro Barcenas (upland farmers sector), Agta-Dumagat Chieftain Vita Banayag (indigenous peoples sector), Armand de la Cruz (indigenous peoples sector), Marlon Angara (fisherfolk sector), and Vicente Convicto (President, PIGLAS-CA). A summary of the issues and demands of the Casiguran Marchers was read by Fr. Edwin Gariguez, Executive Secretary of CBCP-NASSA. After the presentation of the issues, President Aquino, and a couple of Cabinet members he asked to present, took the floor to respond to the calls of the marchers as shown below. Apended below are action of government vis-a-vis the various calls, with updates.
CASIGURAN MARCHERS’
CALLS
PRESIDENT’S and CABINET MEMBERS’ RESPONSE
1. Distribute the 105-hectare
school reservation of
Aurora State College of
Technology (ASCOT) in
Casiguran, Aurora to the
fifty six (56) farmer
beneficiaries.
a. ASCOT through its Board
of Regents headed by
CHED shall immediately
issue a Deed of Transfer in
favor of the DAR for the
distribution of said land to
the farmer beneficiaries.
b. The DAR shall issue
Certificates of Land
Ownership Award (CLOA)
to the farmer beneficiaries
who have been tilling the
land since 1960.
c. The DA shall also provide
support services such as
farm-to-market roads and
credit facilities to the
farmers.
CHED and DOJ are tasked to work on a proposal under which a
“kasulatan” (agreement) by ASCOT and the farmers will be made
wherein the subject land will be used by the farmers for a certain time,
and the latter will be assured of their peaceful possession.
DAR Secretary Gil de los Reyes also added that the proposed
“kasulatan” will cite the terms of use of the agricultural rice lands by
the farmers and that ASCOT cannot convert the rice lands to other
uses.
UPDATES
1) USECs of DAR and DOJ, President of ASCOT, and CHED
representative, met with marchers and support groups in Caritas
Manila on December 15, 2012. The officials were told about the
position of TFAA, its non-acceptance of usufruct and reiterated
demand for land distribution. The lawyers of TFAA led by Atty.
Chris Monsod impressed on the group that the CMU case cannot
be used as justification for the non-distribution of CLOA to
Casiguran farmers since the two cases are different. USEC
Parungao of DAR asked for a copy of the TFAA position and said
he will write the DOJ about it.
2) A meeting was held in DAR Central office on 18 February, with
farmer-representatives of PAKISAMA, USEC Parungao of DAR
and representative of ASCOT present. ASCOT Board claimed they
have no jurisdiction to return the reserved land to the government
and that it is the DepEd’s role. DAR would consult this with the
legal team and get DOJ’s interpretation.
2. Award Foreshore Lease
Agreements (FLA) to the
fishers in the Casiguran
sound to at least two
hundred (200) fisherfolk
families who will be
displaced because of the
construction of the airstrip.
a. Suspend the construction of
the airport.
b. DA shall process the
identification of the
fisherfolks and DENR shall
Commitment of Department of Agriculture, through DA Usec
Emerson Palad (Sec. Alcala’s representative):
The rights of the fisherfolk shall be continuously protected and
respected. The fisherfolks shall continue to enjoy rights to fish within
the 15- kilometer zone or the municipal waters in Casiguran. The DA
Secretary emphasized that the welfare and needs of the people,
especially those who will be displaced and relocated, will be heeded.
UPDATES
1) BFAR Director Atty. Asis Perez came to Caritas Manila Meeting
on December 18, 2012. After describing their situation,
Casiguran fishers reiterated their demands including the
CASIGURAN MARCHERS’
CALLS
PRESIDENT’S and CABINET MEMBERS’ RESPONSE
award the FLA to the
fisherfolks.
c. Instruct the Municipality of
Casiguran to proclaim the
Casiguran sound as
municipal waters.
delineation of municipal waters. Director Perez was not amenable
to the request but promised to set up payaw projects in Casiguran
and to visit the Casiguran fishers on 27 December 2012. He did
not come given a typhoon in Visayas region he had to attend to.
2) He was invited by TFAA to visit the area in time for a Fishers
Conference in February, but he could not commit a date yet.
3. Issue the Certificate of
Ancestral Domain Title
(CADT) to the Agta-
Dumagats claim of their
Ancestral Domain.
a. Suspend the operations of
APECO on the ancestral
domain due to lack of
consent from the Agta-
Dumagats and respect their
ancestral domains in
accordance with the IPRA.
The CADT will be awarded to the indigenous peoples, subject to the
process, through NCIP Chair Brigada Zenaida Pawid. Their rights will
be respected despite the APECO Law.
The consultation process under the law shall be followed, as well as
the concurrence of all the LGUs, before any project shall be made in
the area.
The 80% forest cover of Ildefonso Peninsula shall be maintained as a
natural protection against typhoon in the area. No structures shall be
made by APECO within the area.
UPDATES
1) NCIP Chair Pawid, committed on December 11, 2012 dialogue in
Ateneo, in a meeting with the IP marchers that the NCIP will
facilitate the release of CADT for the San Ildefonso area (11,900
has) since the survey here has already been finished. The
mainland area, which was having problem with the Mayor re
survey, will later be addressed.
2) On December 17, 2012 Commissioner Conching Calzado visited
the marchers in Caritas Manila, where they were billeted, and
asked them to send NCIP a resolution on their wish to go ahead
with the CADT distribution covering the San Ildefonso Peninsula,
and to name their leaders. The resolution was sent to NCIP a
couple of days later. Commissioner Calzado said that NCIP can
conduct a field validation in January. As of this writing, no field
validation has yet been conducted.
3) In February 2013, a meeting was called by Chair Pawid in NCIP
central office and told the IP leaders of Casiguran that the issue is
already in the Supreme Court and that they cannot proceed unless
the APECO issue is settled there. And this update practically
reversed the earlier commitments.
4. Renewal of Integrated
Social Forestry (ISF)
The ISF stewardship contracts, which will expire in 2014, shall be
renewed regardless of whether or not APECO is there.
CASIGURAN MARCHERS’
CALLS
PRESIDENT’S and CABINET MEMBERS’ RESPONSE
contracts to 98 upland
farmers whose contract will
expire in 2014.
DENR Secretary Ramon Paje also assured that the ISF contract for
Certificate of Stewardships of the upland farmers shall be renewed for
another 25 years. The rights of the Industrial Development
Corporation (IDC) shall also be cancelled. APECO cannot remove the
residents in the peninsula.
UPDATES:
There was a report from Casiguran upland farmers that DENR
representatives visited their place on February and were told that they
would be having a census.
There was an attempt by the Provincial board to levy a 10-year back
taxes from the farmers which the DENR Centro Casiguran declared
invalid.
5. Stop the release of the
budget and suspend all the
activities of APECO.
a. The COA shall audit the
expenditures of APECO
since the start of its
operations.
b. A high-level body shall be
created which includes the
sectors affected by APECO
and the National Economic
and Development Authority
(NEDA) to review APECO
feasibility.
The NEDA shall review the APECO Project within one week, together
with the representatives from the Casiguran Marchers. The
investigation will also include whether or not there was consultation in
the area, concurrence from the LGUs, and undue payments, if any.
The COA shall also audit the APECO project.
UPDATES:
1) The NEDA called for a meeting in its office in Makati on
December 18, 2013. The meeting was chaired by Secretary
Arsenio Balisacan of NEDA and attended by a delegation from
APECO led by Malcolm Sarmiento and a delegation from Task
Force Anti-APECO (TFAA) led by Former NEDA heads, Solita
Monsod and Ciel Habito, Christian Monsod (legal counsel), and
representatives of the Casiguran Marchers (5) and support groups
including the religious(7).
Secretary Balisacan shared that he told the President that the
review could take 2-3 months. (Subsequently, the news reported
that the President extended the review two to three months.) He
also shared the outline of the investigation and the rationale for
the APECO and that the meeting was just a start of the
consultation process. TFAA representatives took turns on raising
issues as follows: feasibility of the APECO project given the
location, the viability of the various projects introduced (e.g., fish
cages, seaweeds; mangroves destruction, etc) and the issue of
inclusive growth.
CASIGURAN MARCHERS’
CALLS
PRESIDENT’S and CABINET MEMBERS’ RESPONSE
2) NEDA called another consultation on February 19, 2013 in
Casiguran, Aurora, and was attended by 200 representatives of
TFAA, all residents of Casiguran, and a score of representatives
from APECO. Both parties had five speakers. The APECO
representatives zeroed in on the jobs created and will be created
by APECO and other opportunities APECO will bring to
Casiguran citizens. Aside from the freedom they enjoy in their
present livelihood, the TFAA representatives from different
sectors explained in details and figures the income they receive
from coconut, rice, vegetable farming and from fishing contrasting
them to wage earned by APECO workers and the amount being
offered by APECO on their landholdings.
3) TFAA wrote the Office of the President on 28 December to include
COA in the review process but no response has yet been received
by TFAA. A follow-up was made and TFAA representative was
notified on 12 March that COA sent a reply via registered mail
which has not been received to date.
4) On January 16, 2013, TFAA also sent a letter to the Department of
Justice (DOJ) asking for TFAA's participation in the on-going
legal review of APECO. The first report to the President has been
filed by the DOJ Secretary. In addition, the DOJ Secretary
committed to our involvement in the process and TFAA is awaiting
notice.
6. Declare the Municipality of
Casiguran as Protected
Area.
a. Issue an Executive Order
(E.O.) declaring the entire
municipality of Casiguran
as protected area.
Several questions and clarifications were also made by APECO Representative Malcolm Sarmiento, Atty. Christian Monsod, AKBAYAN Representative Kaka Bag-ao, and some members of the marchers. Finally, the commitments made by the President were summarized by Fr. Xavier Alpasa, Executive Director of Simbahang Lingkod ng Bayan (SLB). The dialogue was ended by a prayer led by Fr. Joefran Talaban.