Solons, church and groups push to scrap Mining Act of 1995

Press for enactment of new mining law

“FOR more than a decade and a half, contrary to the promises of development and prosperity that comes with the enactment of the Mining Act of 1995, the Filipino people have only witnessed and become victims of the havoc that the foreign-dominated mining industry has brought to our country.

“Human rights violations amongst indigenous peoples and communities, mining-related extrajudicial killings, division amongst communities, environmental destructions, cases of bribery amongst government institutions, non-payment of taxes and undermining of local governance have all been main-stay features under the 16-year history of the mining law.”

This is what Judy Pasimio, executive director of Legal Rights and Natural Resources Center and one of the convenors of the Minerals Management Bill Now Network asserted on the 16th anniversary of the Mining Act of 1995 (Republic Act 7942) as mining-affected communities, Catholic Church, Congressional representatives, peoples organizations, environmental and human rights groups call for the scrapping of the highly contested mining law and push for the immediate enactment of a new mining law.
Meanwhile, religious leaders reiterated their call to repeal the current mining law. Bishop Broderick Pabillo, auxilliary bishop of the Archdiocese of Manila, said that they have consistently called for such action in the past. “The CBCP [Catholic Bishop’s Conference of the Philippines] has issued pastoral statements in 1998 and 2006, calling for the repeal of the Philippine Mining Act of 1995. As pastors, we have witnessed how the faithful has struggled to defend the integrity of creation. Our experiences of environmental tragedies belie claims and assurances of responsible mining,” Pabillo said. Relatedly Bishop Deogracias Iniguez, spokesman for CBCP and bishop of the Diocese of Caloocan, recalled that the CBCP had observed that “mining areas remain among the poorest areas in the country such as the mining communities in Caraga, Bicol and Cordillera regions.” Iniguez also cited the lament of many bishops that the indigenous peoples face serious challenges when confronted with mining as “the cultural fabric of indigenous peoples is also being destroyed by the entry of mining corporations.”

Within the Halls of the House, mining-affected communities and advocates have found their allies as House Bills 206 and 3763, both pushing for a new mining law, were filed in July 1, 2010 and December 1, 2010 respectively. The authors of the bills are Rep. Erin Tanada 3rd for House Bill 206, or the Alternative Mining Bill (AMB), and Representattives Kaka Bag-ao and Walden Bello of Akbayan partylist, Rep. Teddy Baguilat Jr. of Ifugao, Rep. Rufus Rodriguez, Rep. Maximo Rodriguez, Rep. Carlos Padilla and Rep. Roilo Golez for House Bill 3763, or the Minerals Management Bill (MMB). Additional House representatives have since joined the cause.

Rep. Erin Tañada 3rd of the Fourth District of Quezon Province, on his part asserts that “That is why, along with the mining-affected communities, peoples’ organizations, the Catholic Church, NGOs and experts, we have filed the Alternative Mining Bill as a response in regulating the exploration, development and utilization of our minerals resources. This bill, if passed into law, will correct all the mistakes and negative effects that the Philippine Mining Act of 1995 has brought to our country and the AMB puts communities, human rights, conservation of our mineral and natural resources, and genuine national development at the center.”

Bag-ao of Akbayan party-list adds, “The MMB envisions that if we ever need to extract our mineral resources it should be for the benefit of the Filipino people and not for the interest of foreign and domestic mining corporations.

Under the current mining law, mineral extraction is done at the expense of our communities and the environment. The MMB will ensure that any mineral extraction done in the country, it should be geared towards genuine national industrialization and modernization of our agriculture.”

Baguilat asserts, “The experiences of most of our indigenous brothers and sisters also points to frustration with the current mining law. Under the Mining Act of 1995 the rights of indigenous peoples on their ancestral domains, territories and resources, free, prior and informed consent requirements for indigenous communities, to name a few, have been undermined by irresponsible mining, some corrupt government officials, and most mining companies. The MMB ensures that the right of our indigenous brothers and sisters are respected and protected, specifically that of their right to their lands, territories and resources and that equitable share from any mineral extraction within their ancestral domains is assured.”

Jaybee Garganera, national coordinator of Alyansa Tigil Mina, stressed that the current Philippine Mining Act of 1995 is inadequate in addressing serious challenges that face the country, including climate change, disaster risk reduction and globalization.

“Our studies show that mining has contributed very little to economic growth because of the too liberal incentives given by the current mining law.” He also added that given new laws that have been passed recently, “there really is an urgent need to pass a new mining law that will comply with climate change, disaster-risk reduction and the globalizing economy.” He also challenged the mining companies that “if they are really serious about responsible mining, then they should support these two pending bills, as these capture comprehensively the genuine practice of mining responsibly.” He concluded that passing a new mining law would benefit not only the communities and the country as a whole, but the mining industry as well.

The movement to protect and defend communities, mineral resources, biodiversity and fragile ecologies from irresponsible mining is gaining grounds and has recently found new allies in known conservationist like the ABS-CBN Foundation/Bantay Kalikasan, where Gina Lopez, a scion of the Lopez family, is leading a 10-million signature campaign to stop mining in Palawan.

“Sixteen years is enough! We have seen enough of the negative social effects and environmental devastation that the Mining Act of 1995 has brought. We call on all the leaders of our country, especially our House representatives, senators and President [Benigno] ‘Noynoy’ Aquino [3rd], to join the cause. Let us save our country from the ravages that the mining law has brought upon us. Let us enact an alternative Minerals Management Bill now!” Pasimio concludes.”

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The Minerals Management Bill Now Network (MMB Now Network) is a national, multi-sectoral movement composed of mining-affected communities, national peoples alliances, environmental organizations and networks, church-based organizations, human rights organizations, national nongovernment organizations, sectoral organizations from the indigenous peoples, youth, women, farmers, House representatives, known leaders and personalities advocating for the repealing of the Mining Act of 1995 and the enactment of the Minerals Management Bill.

Bayombong, Nueva Vizcaya—Indigenous peoples (IPs) of Nueva Vizcaya continue to call for respect for their lands and indigenous rights during the press conference on celebration of the Commission on Human Rights (CHR) Resolution urging the withdrawal of Oceanagold mining permit in Barangay Didipio, in Kasibu town of this province.

“Dagami ket biag mi! (Our land, our life) Respect the indigenous people’s rights. And our call: No to large-scale mining. Mining will not feed us, it will take our land; ravage our forests and leave us with nothing.” said the representative of Kasibu Inter-tribal Response for Ecological Development (KIRED). Lucas Buay of peoples’ organization KIRED always recall the effects of mining in the ancestral lands of IPs in Benguet and Ifugao.

“Salaknib will gather signatures all over Vizcaya to petition our local government to investigate the human rights situation in other mining sites here. We also urge them to declare a moratorium on large-scale mining while conducting these investigations,” said Raymundo Bolhayon, the chairman of Salaknib—Salakniban ti Lubong, Aglawlaw ken Karbengan dagiti Umili ti Nueva Vizcaya (Protect our environment because this is the right of the people of Nueva Vizcaya) from Malabing Valley Kasibu.
The press conference was held after the mass celebration led by Reverend Bishop Ramon Villena in Saint Dominic de Guzman Cathedral, Bayombong, Nueva Vizcaya.

“We are one with the CHR headed by chairperson Loretta Ann Rosales in the commission’s resolve to recommend to the government under the new administration to consider the probable withdrawal of the FTAA granted to a foreign company in view of the gross violations of human rights it has committed,” said Villena.

On January 10, CHR released its resolution on the complaints of the indigenous peoples and communities in Barangay Didipio, where Oceana Gold Philippines Inc. (OGPI), a foreign-owned corporation, is operating.

According to CHR’s findings, OGPI violated “the right to adequate housing and property rights;” “the right to freedom of movement;” “the right not to be subjected to arbitrary interference;” “the right to security of persons;” and “the right of the indigenous community to manifest their culture and identity.”

Tolentino Inlab, chairman of IP organization Didipio Earth Savers Multi-purpose Association said: “We call on these corporations and the government, to stop all forms of human rights violations. We say: No to large-scale mining. Scrap the FTAA of Oceanagold!”

Meanwhile, Lower Muta Valley Farmers Federation, member, Fidel Opay sought for support for the development of ginger and citrus trees in their province—not mining. The farmers stand by their position that agriculture and development of the citrus industry there will make them succeed.

Manila-based organizations, Alyansa Tigil Mina, Task Force Detainees-Philippines, Legal Rights and Natural Resources Center and Philippine Human Rights Information Center (PhilRights) also joined the 1, 000 people who participated in the activities.

PhilRights Executive Director Nymia Pimentel-Simbulan added, “The CHR resolution on Didipio is a validation of our assertion of human rights abuses by mining companies. CHR should also look into the situation of other mining sites in the country.”

Villena concluded, “We are inspired and fired up to continue the uphill struggle in Didipio and the other areas in the Diocese of Bayombong endangered by mining application. We will not relent nor give up. Our battle cry
lives on: No to mining, yes to life!”

A photo exhibit on the ill effects of large-scale mining was also organized at Saint Dominic de Guzman Cathedral.

Alyansa Tigil Mina is an alliance of mining-affected communities and their support groups of nongovernment and private organizations and other civil society organizations who are opposing the aggressive promotion of large-scale mining in the Philippines.  –Alyansa Tigil Mina (ATM)