Asserting ancestral domain rights on benefit sharing in power generation: The case of Sibuyan Mangyan Tagabukid in Sibuyan Island, Romblon, Philippines
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In early 2000, the Romblon Electric Cooperative/Cantingas Mini-Hydro Power Corporation (ROMELCO/CHPC) set up a run-off-river hydropower with 900-kW installed facility within the ancestral domain of the Sibuyan Mangyan Tagabukid (SMT) in Sibuyan Island, Romblon without seeking a proper free and prior informed consent (FPIC). SMT is formally organized in 1993 as the Asosasyon ng Tribong Sibuyan Mangyan Tagabukid (ATSMT) who fought the ROMELCO/CHPC through metalegal and legal means asserting their rights over their ancestral domains. This paper documents the struggles of the Sibuyan Mangyan Tagabukid, the lessons learned in asserting their IP rights, particularly the continuing challenge in obtaining royalty from ROMELCO/CHPC, together with support groups like the Foundation for the Philippine Environment (FPE) and other partners. This is an excellent case study where the continuing growth and maturity of an IP organization is highlighted as it seeks to empower itself and assert their rights over their ancestral domain. The paper concludes with key lessons in mainstreaming ICCs/IPs participation in environmental governance, particularly in terms of benefits sharing in the power sector. The lessons include IP mobilization, capacity-building, engagement in advocacy and policy reforms as the IP group navigates through the contested realm of national laws (e.g. Indigenous Peoples Rights Act, Electric Power Industry Reform Act), among others.
Keywords: Ancestral Domain, Hydropower, IP Rights, Benefit Sharing, FPIC, Royalty, Environmental Governance
ID: 3621345