11 March 2022

1. On the statement alleging that "the signing of the MOA contravened laws governing the free and prior informed consent (FPIC) of Indigenous Peoples and that members of the military were present during the signing".
2. An article by the GlobalVoices alleging that "the dam was widely opposed because of its potential environmental threats and because it would displace an estimated 1,465 families of the Dumagat-Remontado Indigenous Peoples (IPs) in Rizal and Quezon provinces"

As to statement on the alleged irregularities in the process, the New Centennial Water Source - Kaliwa Dam Project (NCWS-KDP) is fully compliant with the FPIC process. Consultations were conducted and Consent was voluntarily given by the IP community through their decision-making process pursuant to their customary laws. Thereafter, the MWSS, with the supervision and facilitation of NCIP FPIC Team proceeded with the MOA negotiations, validation/ratification and signing, pursuant to NCIP Administrative Order 03-2012 (FPIC Guidelines) and R.A. 8371 (Indigenous Peoples Rights Act).

Former NCIP Commissioner Ramcy C. Astoveza participated in the FPIC proceedings, including the MOA validation/ratification and also signed the MOA.

The proponent MWSS recognizes the need to hear inputs, reservations, if any, of all sectors, which is what the FPIC is all about. All the issues were addressed which lead to the signing of the MOA.

While, it took considerable time for the FPIC MOA Negotiations to be concluded, and eventually for the document to be signed by the Parties / duly authorized community representatives, we submit, speaks of the proponent's regular adherence to the FPIC process and its respect for the right of every sector to be represented and heard.

In fact, consultations with the IPs/ICCs were made in accordance with the FPIC Guidelines and their Customary Laws and in parallel consultations and representations with their respective LGUs.

The consultations and negotiations were regularly documented by the NCIP FPIC Team in sequential minutes and records which may be accessed by all interested sectors to ensure transparency and accountability.

At all stages of the consultation, the proponent was duly and regularly guided and informed by the NCIP on the processes undertaken.

Moreover, Antigen Tests were administered in compliance with the LGU General Nakar's directives pursuant to IATF regulations in order to protect the health and safety of the Dumagat/Remontado attendees. To those who refused to undergo antigen tests, the FPIC team also gave them the option to join the proceedings virtually through zoom.

All in all, we adhered to the FPIC guidelines and health protocols imposed by the LGU which eventually paved way for the signing of the MOA.

With the supervision and guidance of the National Commission on Indigenous Peoples (NCIP) and the Department of Environment and Natural Resources (DENR) - with whom the MWSS closely and constantly coordinated and collaborated in the efforts to explain the technical, physical infra, social, and economic activities the Project proponents will pursue to mitigate any environmental and social impacts on the host communities, IPs/ICCs through Public Hearings and Community Assemblies.

The Metropolitan Waterworks and Sewerage System (MWSS) recognizes the importance of transparent governance, thus, the establishment of a Project Information Office/Center (PIO) is in the works to ensure that reliable information is publicly available and can be used to engage the participation of affected communities. The following media and interventions were also employed to generate deeper appreciation of the IP sectors' situation and help allay their fears against the Project: small group activities, courtesy calls, key informant interviews, participatory situation analysis, and focus group discussions (FGDs) - augmented by the use of tarpaulins, flyers, PowerPoint presentations and other media.

The Agency has also exerted vigorous and continuing efforts to comply with the conditions and restrictions contained in the Environmental Compliance Certificate (ECC-CO-1907-0017) for the NCWS-KDP. This is in recognition of the environmental and social safeguards compliance as cornerstones of project implementation.

By and large, primary Proponent MWSS intends - and commits - to pursue the practice of continuing dialogue and interface with all stakeholders of the Project, especially with the IP/IC communities affected thereby, in consistent pursuit of balancing development initiatives with the equally essential obligations to protect and uphold IP rights in the process - guided by the transcendental and inter-generational responsibility to ensure sustainable development for future generations as well.1

1 See: Oposa v. Factoran, G.R. No. 101083, 30 July 1993.

[MWSS also attached a press release from the National Commission on Indigenous Peoples. It is linked below.]