KALINGA — Representatives of the Balatoc Indigenous Cultural Community (ICC) have asked the National Commission on Indigenous Peoples (NCIP)–Cordillera Administrative Region to investigate alleged non-compliance by Makilala Mining Company, Inc. (MMCI) with its commitments under an agreement governing the Maalinao-Caigutan-Biyog (MCB) Copper-Gold Project.
In a demand letter dated September 21, 2026, and received by NCIP-CAR on November 5, the community representatives requested the immediate creation of a Monitoring Team to validate the company’s compliance with its obligations under the Memorandum of Agreement.
The agreement, executed by MMCI, the Balatoc ICC and the NCIP, forms part of the conditions under Certification Precondition CP-CAR-2024-504, approved by the NCIP Commission en banc on September 4, 2024.
The community stressed that the MOA is not merely a ceremonial document but a legally significant commitment guaranteeing socioeconomic rights and benefits to Indigenous rights holders.
These commitments include employment and livelihood opportunities, infrastructure development, health and wellness programs, royalties and other financial benefits, and social development initiatives.
NCIP MONITORING TEAM SOUGHT
Invoking Section 16 of the MOA, the representatives asked the NCIP to establish a Monitoring Team to examine reported deficiencies and determine whether MMCI has fulfilled its contractual commitments.
They also requested the agency to establish whether the MCB project has experienced dormancy or inactivity for at least one year, citing Paragraph 28(d), Section 28 of the agreement.
The letter emphasized that the community’s entitlements must not be compromised or left unfulfilled, particularly while uncertainty surrounds the project’s implementation.
The representatives likewise sought the immediate activation, if warranted, of the MOA’s Grievance Committee under Section 17 to address outstanding concerns and provide a formal mechanism for resolving disputes.
They said NCIP intervention is necessary to establish the project’s actual compliance status and ensure that the safeguards and benefits negotiated for the Indigenous community are respected.
CORPORATE DISPUTES RAISE CONCERNS
Another major concern raised in the letter involves reported legal disagreements over project control and management among MMCI and its implementing partners, including Celsius Resources, Sodor, PMR and Kiri Industries.
The community expressed concern that the escalating corporate dispute and resulting arbitration proceedings could create further uncertainty over the future of the MCB project.
However, the representatives stressed that disagreements among corporate stakeholders should not prejudice the rights and benefits of the Balatoc ICC.
“While we are amazed and saddened by the escalating information regarding the ongoing legal dispute resulting to arbitration proceedings for project control and management between and amongst MMCI and its implementing partners … the Balatoc ICC should not necessarily suffer from this corporate squabble,” the demand letter stated.
The representatives appealed to the NCIP to ensure that the corporate disagreements do not derail the implementation of commitments already made to the community.
They also called for “a concrete and reliable pathway” toward the fulfillment of the MOA obligations, emphasizing that the community should not be left uncertain about the benefits due to them.
NCIP URGED TO ENSURE ACCOUNTABILITY
The appeal places the NCIP-CAR in a position to determine whether the mining company has complied with the agreement and whether the rights and interests of the Indigenous community remain adequately protected.
The representatives expressed confidence in the regional office’s mandate to protect, promote and advance the rights of Indigenous Cultural Communities and Indigenous Peoples.
At the center of their demand is a straightforward principle: corporate disputes over project ownership, control or management should not become an excuse for leaving Indigenous communities without the benefits and protections guaranteed under their agreement.
For the Balatoc ICC, the immediate concern is not who ultimately controls the mining project, but whether the commitments made to their community will be honored.
