What you need to know about the controversial Kaliwa Dam ECC

Narra Philippines
Nov 8, 2019
5 min read

Last October 11, the Department of Environment and Natural Resources (DENR) Environmental Management Bureau (EMB) issued an Environmental Compliance Certificate (ECC) to the Metropolitan Waterworks and Sewage System (MWSS) for its Kaliwa Dam project.

The ECC is one of the major requirements the MWSS needs to push through with the next stage of the China-funded dam. Recently however, the decision to issue an ECC for the project has been questioned by environmental advocates and legislators alike. Concerns have been brought up regarding the project’s impact on the indigenous people living in the area, not to mention its negative effects on the environment.

Why is the ECC for Kaliwa Dam so controversial? Here’s what you need to know.

Inconclusive

According to the guidelines laid out in the Revised Procedural Manual, all major dams (such as the Kaliwa Dam) are considered environmentally critical projects. Part of the dam will be constructed in a wildlife sanctuary, hence it is also considered to be in an environmentally critical area. For these reasons, the project proponent (the MWSS) must conduct an Environmental Impact Assessment (EIA) and submit an Environmental Impact Statement (EIS) to acquire an ECC from the EMB. The MWSS has done this – according to their EIS, they assigned a research team to conduct their EIA from Feb. 2019 to April 2019.

However, retired environmental scientist Ruben Guieb questioned the scientific validity of the document, saying that it failed to show the extent of the damage that the dam could cause.

Construction ongoing

The ECC is supposed to be acquired during the planning stages of the project, before construction or implementation. On the EMB’s Revised Procedural Manual “the release of the ECC allows the project to proceed to the next stage of project planning, which is the acquisition of approvals from other government agencies and LGUs, after which the project can start implementation.”

In view of this, it is interesting to note that the MWSS has already started and even completed construction of some access roads that lead toward the site, even though the ECC was issued only last month. Two access roads are listed as 7% and 35% complete, while another is listed as already completed.

Native Narratives

These are some findings straight from the MWSS EIS:

The Kaliwa Dam watershed lies within the ancestral lands of indigenous peoples (IP) – namely, the Dumagat-Remontados. The Dumagat-Remontados were awarded a Certificate of Ancestral Domain Title – which means the Philippine government officially recognizes their claim of ownership over the area. In particular, the lands affected by the project are General Nakar, Quezon, and Dingalan, Aurora, as well as Tanay, Rizal, and a portion of Santiago, Laguna.

According to the MWSS’ EIS, these areas host a total population of 10,078 people. In the focus group discussions conducted by the MWSS research team, these IPs said the project will cause them to lose a number of their sacred sites, ritual sites, and burial grounds. Not only that – these people will also be forced to relocate, as the dam will flood a large area of land, as well as make other downstream locations more prone to flooding.

The DENR has adopted a policy of public participation in pursuit of common development. In relation to the EIS, this policy means that the EIA should be conducted with extensive participation from the affected parties. The MWSS has apparently done this – their EIS states that they educated Local Government Units of affected areas, and conducted focus group discussions with the IPs concerned.

What the MWSS has not done is obtain the Free and Prior Informed Consent of the IPs involved. Many groups are still protesting and fighting against the project, but the MWSS has already been awarded an ECC.

DENR Administrative Order (AO) No. 2017-15, section 9.2 states, “options for involving Indigenous Peoples (IPs) shall be explored based on the existing conditions in the project location in view of the Free and Prior Informed Consent (FPIC) requirement of the National Council for Indigenous Peoples (NCIP).”

Also, DENR AO No. 2019-05 Rule 13.5 declares, “development interventions in a protected area that shares common areas with the ancestral territories covered by CADT/CALT, and any activity that will affect ICCs/IPs, shall require the Free and Prior Informed Consent (FPIC) of the concerned ICC’s/IPs, in compliance with the IPRA (Indigenous Peoples Rights Act), and other applicable laws, rules, and regulations.”

What is FPIC and why is it important?

According to the Food and Agriculture Organization of the United Nations, the FPIC is comprised of four elements:

1. Free: Consent that is given free from coercion or force

2. Prior: Consent is sought well before any authorization or implementation of activities

3. Informed: Information should be provided to the involved parties when seeking their consent

4. Consent: the collective decision made by rights holders reached through their customary decision-making processes.

The FPIC ensures that the rights of IPs are respected and upheld.

Environmental Impacts

Aside from its adverse impacts on the lives of IPs, the Kaliwa Dam will also have negative effects on the environment surrounding the project.

According to the MWSS’ EIS, the project will affect 113 hectares of a declared natural park and wildlife sanctuary. As well, part of the project also falls under Kaliwa Watershed Forest Reserve, which is a component of the National Integrated Protected Areas (NIPA) Act of 1992. The EIS acknowledged and listed the negative effects of the Kaliwa Dam Project – and while they also offered “mitigating measures” for these effects, these measures depend entirely upon the proponent’s willingness to actually implement them.

Here are some of the listed negative impacts: Deterioration of river water quality, impacts on freshwater ecology, threats to plankton communities, threat to benthic communities, loss of habitat and wildlife.

The Philippines has been identified as one of only 17 megadiverse countries in the world. The construction of such large-scale Environmentally Critical Projects on supposedly protected areas will only serve to destroy the rich natural biodiversity our country boasts. According to Haribon Foundation, the Kaliwa Watershed (which will be affected by the Kaliwa Dam) hosts various threatened wildlife, most notable of which is the critically endangered Philippine Eagle.

All these issues surrounding the Kaliwa Dam are reasons why the approval of its ECC is so controversial. Amidst calls for closer inspection from legislators, the DENR has stated that it is prepared to defend its decision regarding the matter.