80% of small mining operations ‘illegal’

Up to 80 percent of small-scale miners operating in the country are presumed illegal, majority of which are operating in Mindanao, the Mines and Geosciences Bureau (MGB) said on Sunday.

Based on latest estimates, MGB director Leo Jasareno pegged the number of small-scale miners at between 200,000 to 300,000—up to 80 percent of which are presumed illegally operating or without proper permits from local government units (LGUs). MGB is an agency attached to the Department of Environment and Natural Resources.

“Of the estimate number of small-scale miners, at least 1/3 [roughly 100,000 to 200,000] are operating in Mindanao, particularly in Compostella Valley, Surigao, Agusan and Zamboanga,” Jasareno said. The MGB chief issued the statement amid calls for the review of existing policies concerning small-scale mining operations after tragedy struck a mining site in Compostella Valley, killing 31 people with 39 still missing.

Jasareno said that the purpose of the review is to eliminate illegal activities by imposing stricter regulation and guidance, and provide more opportunities for legal operators to maximize their output and income. At present, LGUs, which are the ones issuing small-scale mining permits, earn P4,000 for each permit issued.

Jasareno admitted it is difficult to regulate small-scale mining because provincial governors are authorized to issue permits but local governments often lack the expertise to monitor mining activities. The MGB chief said that small-scale miners also exploit the vagueness of two existing laws that concern the industry.

“We can not completely ban operations of small-scale miners since it is permitted under the Constitution. But the problem is that we have two laws pertaining to small-scale mining,” Jasareno said.

Presidential Decree (PD) 1899, issued in 1984, allows individuals to apply for mining permits while imposing very little requirements. In contrast, 1991’s Republic Act (RA) No. 7076 raises the requirements and authorizes the MGB to designate so-called minahang bayan in places not prone to landslides and floods. The law also favors mining cooperatives, which are easier to regulate.

Despite an opinion issued by Justice Secretary Leila de Lima in June 2011 that RA 7076 has superseded PD1899, the old law is still used by miners to apply for permits.

Meanwhile, Jasareno said that poverty remained to be the major factor why miners choose to stay in hazardous areas of the country, saying that it remained a social issue. He added a miner could earn between P2,000 and P2,500 per gram of gold in a day’s work.

“Talagang malaki ang kita nila dito. May mga minero dyan sa Compostella na malas na lang kung maka-1gram lang sa isang araw [The income they earn from small mining is big. The small miners in Compostela would be unlucky if they extract a gram of gold per day],” Jasareno. “Kapag pinapaalis natin sila, ang sagot nila ganun pa din, parang soap opera na kahirapan ng buhay ang dahilan. Kung papapiliin sila kung gusto nilang magbungkal ng lupa sa agriculture, mas gusto nilang magbungkal ng lupa sa pagmimina [If we drive them away from small scale mining, their answer is still the same and like a soap opera that it is about poverty. If they were given a choice to work in agriculture, they would rather dig up soil to mine gold],” he added. –JAMES KONSTANTIN GALVEZ REPORTER, Manila Times