A pivotal moment has arrived in the long-contested mining operations within the ancestral domain of Mankayan, Benguet. Lepanto Consolidated Mining Co. has announced a significant step forward: a majority “yes” vote from barangays within the area during a crucial consensus-building phase.
This vote isn’t simply a formality; it’s a direct response to a landmark 2022 Supreme Court ruling. The High Court overturned a previous decision that allowed continued mining, demanding strict adherence to the Free and Prior Informed Consent (FPIC) process – a cornerstone of indigenous rights.
The FPIC process is essential for the renewal of Mineral Production Sharing Agreement (MPSA) No. 001-90-CAR, held by Lepanto and its subsidiary, Far Southeast Gold Resources, Inc. This agreement governs operations across 948.47 hectares, land deeply interwoven with the heritage of the indigenous community.
The Supreme Court’s decision effectively voided a prior arbitral award favoring the mining companies. It underscored a fundamental principle: no mining can proceed without the explicit consent of the community whose ancestral lands are affected.
The Indigenous Peoples’ Rights Act of 1997 provides the legal foundation for this requirement, explicitly prohibiting the renewal of licenses without certification from the National Commission on Indigenous Peoples. This law safeguards the rights and self-determination of indigenous communities.
Lepanto’s original MPSA, established in 1990 with the Department of Environment and Natural Resources, was designed for a 25-year term, with a renewal option. That renewal now hinges on fulfilling the FPIC requirements and securing the community’s approval.
Lepanto’s extensive business interests span a wide range of resource exploration and extraction, including gold, silver, copper, and various other valuable ores and minerals. The future of these operations in Mankayan now rests on continued engagement and respect for the rights of the indigenous community.
