Groups blast mining EO as rehash of old policies

Even before the Palace releases today the details of the Executive Order (EO) on mining signed by President Aquino last Thursday, various groups assailed it as being no different from previous policies that do not address the root of the conflict between mining operations and the communities where the projects are located.

Instead, the new mining policy could make conflict caused by the industry even worse, Sorsogon Bishop Arturo Bastes said, adding the new EO on mining is no different from other past policies.

Bastes said the new EO is expected to create more division between the local stakeholders and the government.

According to Aquino’s deputy spokesman Abigail Valte, small-scale mining operations and revenue sharing between the national and local governments will be the highlights of the signed EO that is seen to define the national policy in an industry from where the government gets significant part of its total annual revenue.

Valte described the new mining EO as a product of consultations with stakeholders of the mining sector. She added that the EO has had a number of revisions during the period in which it was being drafted by the environment cluster created by the President to solicit inputs from various sectors which have something to do with the mining industry, whether they be pro or against it.

“First, is that the EO is a product of consultations with stakeholders. We know how much time was spent by the environment cluster to prepare the much anticipated EO which was made through quite a number of revisions before the President affixed his signature toit. For more details, let us just be a little more patient and we will be presenting the mining EO,” Valte said.

Bastes, nevertheless, expected the policy as spelled out in the EO wouldbe the same, if not worse, than previous mining polices “because everything will be dictated by the national government.” Bastes was among the critics of the ongoing mining operations in the Bicol region particularly in Rapu-Rapu, Albay.

The bishop feared that Aquino’s mining policy would infringe on existing local ordinances against mining or even of local residents who are against mining in their area.

“If this happens, we are all in the dark. This is a kind of situation that we do not want,” Bastes said at the sidelines of the ongoing plenary meeting of the country’s Catholic bishops at the Pius XII Catholic Center in Manila.

He claimed the conditions laid down by the government in its mining policy were not sufficient to avert irreparable environmental damage.

“The government is still very sympathetic with the mining companies,” he said.

Last Thursday, several bishops said they preferred the proposed Alternative Minerals Management Bill (AMMB) now pending in Congress instead of Aquino’s EO.

The decision was made at a national forum on mining attended by about 50 bishops and some lawmakers, also at the Pius XII Catholic Center, last Thursday.

“I am hoping that the mining act of 1995 and this new EO will be superseded by the alternative mining bill,” said Bastes.

Asked about its salient features, Valte hinted that small-scale mining was among those which have been addressed in the signed mining EO expected to be out today.

“It aims to give a more comprehensive policy on mining in the country because we’ve had problems with small-scale mining; while there are those claiming that mining in general… so (the order) has taken into consideration the voices of the stakeholders as (it) was being crafted. So nothing more, for the time being, let’s just wait til tomorrow when Malacanang gets to release it,” she added.

Valte however would not comment on earlier statements of Auxiliary Bishop Broderick Pabillo, who claimed the Church may just receive the new mining EO with “a cold shoulder” even as the prelate described the President’s mining policy as something that addresses mining concerns on a short-term basis.

“Perhaps it would be better to hold off any comments before seeing the actual EO and seeing what the provisions are,” she added.

Valte also reiterated earlier Palace statements describing the EO as consistent with the provisions of the Constitution and that it could withstand legal cases seen trying to stop the President from implementing it.

“We’ll defend (the EO). We’re all ready for that. That is usually the case, whenever the Executive comes out with an order or any other policies, we’re defending it and we’re more than ready to defend it if challenged, averred Valte, apparently referring to the legal case being prepared by 40 provincial governors who had claimed to have been bypassed in the formulation of the national policy governing the mining industries in their localities.

“That is exactly why we have always been asking them to wait for the actual EO before they would issue a statement. Let us not believe in speculations and rumors. When the mining EO is finally released tomorrow, it is best that we read and study it very well before commenting on it”, she said.

An anti-mining organization urged the government to recognize local ordinances that uphold biodiversity conservation and promote human rights especially of the indigenous peoples, instead of threatening them with the primacy of national policies.

The Alyansa Tigil Mina (ATM) reacting to the EO said it was already frustrating that instead of receiving support for trying to protect the remaining forest, water and coastal resources in the country, local government units with this kind of ordinances are being challenged in court by big mining companies.

And now, (through the EO the challenge may come from) the government,” Jaybee Garganera, national coordinator of ATM, said.

ATM feared that the said provision in the proposed EO can be used by the government to manipulate mining situations and assert projects despite strong opposition from the local leaders and the communities.

“We are talking significant ordinances here that (tackle) good issues such as sustainable use of resources, protection of the environment in relation to climate-change mitigation and adaptation and more importantly disaster-risk reduction – why would you challenge that?” Garganera added.

The EO on mining drew ire from local leaders and civil society groups after Environment Secretary Ramon Paje announced that in the proposed policy national legislation will be asserted over local anti-mining ordinances.

“So, who really is the boss now?” asked Fr. Edu Gariguez, executive secretary of the Catholic Bishops Conference of the Philippines-National Secretariat for Social Action (NASSA) and 2012 Goldman Prize Environmental Awardee.

Gariguez also felt that the President needed to be reminded of his pronouncement that the Filipino people were his boss. “As part of the Filipino community we support ordinances that defend our ecology, food, livelihood and human rights. He should adhere to the valid call of his boss.”

“The local government code is a manifestation of the democracy in the country, and an indicator of that is the power vested in local leaders in making decisions on their jurisdiction. To have an executive order that overpowers such provision and seems unequivocal is attracting a martial-law in spirit,” Gariguez added. –Fernan J. Angeles, Daily Tribune