THE MININGCONTROVERSY ANDDYNAMICS OFCONFLICT:The Palawan ExperienceDatu Abdelwin Sangkula    ELAC-Palawan    ELAC-P l
What is Conflict?It is a “state of discord caused by the         “stateactual or perceived opposition of needs,           ...
INTRODUCTIONThere is a growing interest amongscholars, policy-scholars policy-makers and practitionersto look into the cau...
Studies show that “mining activities                    miningprecipitate more disputes over land thanany other industry” ...
BACKGROUNDIt is bordered by themunicipalities of      i i li i   fSofronio Espanola tothe north; Bataraza            Batar...
BIOPHYSICAL PROFILEPopulation: 54,807 (11,308 households,2005 census)Density: 69 per square meter (an increaseof 20% compa...
Table 1: 2005 CBMS Census and Survey of Brooke’s Point            Barangay      Households   Population              Amas ...
The topography ofBrooke’s Point isgenerally hilly (63.67 %have a slope 18% andh        l             dabove)Total land are...
Of the 27,949.67 has. of agricultural land         27 949 67 has                  land,around 20,546.25 hectares or 73.5% ...
Existing Land Use        sw am ps           1% Core Zone                 12%                Core Zone Multiple Use        ...
Mineral Endowmentsmore than 90% of miningapplicants are targetingnickeliferous lateriteMantalingahan-Mantalingahan-Pulot R...
It has estimated aresource of approximately“77 million tones with a 77nickel grade of 1.25%and a cobalt grade of0.10% (SIC...
A “combined   combinedresource of over120 million tonsof mineralizationover the twoproperties ismore thansufficient to jus...
Mining claims and ApplicationsBrooke sBrooke’s Point has three (33) mining claims andapplications which include applicatio...
The MPSAs ofMacroAsia andINC/Toledo MiningCorporation (TMC)have an aggregatearea of more or less4,000 hectares (1,114has a...
The Tenement Map of Southern Palawan                      Map from DENR-EMB                        p
The MPSAs ofMacroAsia andINC/Toledo MiningCorporation (TMC)have an aggregatearea of more or less4,000 hectares (1,114has a...
The Mantalingahan Proposed     Protected L d     P        d LandscapeMantalingahan Rangeis the highestmountain in theprovi...
Gov. Joel T. Reyes issued Executive                  y          ExecutiveOrder No. 24 series of 2001 creating the         ...
Of the 120,457hectares b ih t      beingproposed asprotected area,approximately 32               32,262.15 hectares or26.7...
THE PARTIES INVOLVED IN THE         CONFLICTThe Sangguniang Bayan of Brooke’s Point                             Brooke san...
Indigenous People’s Groups:BROFETRICS, KKLNA, OIPAPI, PanglimaAssemblyCivil Society Organizations: SIKAP, WorldVision, SAM...
OVERVIEW OF THE CONFLICTMining operations of Infanta and Nippon MiningCompany of Japan started in 1970sIts exploration/log...
The issue on mining re-emerged after two                       re-decades and when Celestial begun itsexploration activiti...
Civil society groups initiated petitions,dialogues and fora to oppose theendorsement citing ““potential irreversibleenviro...
Actions TakenAs a result series of actions have been       result,initiated such as petitions, dialogues, foraand rally de...
ISSUES AND CONFLICTS1.) Conflict between mining and themunicipality’s Comprehensive Land Use Planmunicipality s(CLUP)2.) M...
1.) Conflict between mining and themunicipality’s Comprehensive Land Use Planmunicipality s                   (CLUP)The mi...
2.) Mining within ancestral domainsThe indigenous Pala’wan tribe has existingancestral domain claims covering anapproximat...
3.) Conflict between mining and the             watersheds The LGU has identified the forest areas located in Barangays Ma...
4.) Questionable decision-making processes                 decision-                 of LGUs The mining exploration activi...
5. Mining within core and restricted use            zones of ECANThe mining claims of MacroAsia and INC arepartly situated...
6. Conflicting Interests and Perceptions of      Local St k h ld      L     l Stakeholders on Mi i                        ...
ANALYSISThe case study shows that concealment, unduehaste and circumvention, especially if it involvespublic interest, are...
While tension is relatively manageable and therelationship among th diff  l ti    hi          the different stakeholders  ...
the conflict is essentially induced by thedivergent worldviews of the local stakeholderswhich is anchored on the economic ...
The po e a impacts o mining o   e potential pac s of        g onwatershed areas (Aribungos and Maasin)are not seriously co...
RECOMMENDATIONSEstablishment of mutually acceptable andtransparent mechanism/s and strengthening ofexisting structuresStri...
Makidram nang salamat            g  maraming salamat     Thank you           you...     Wassalam…
Palawan_Case_Study_Mining_ Controversy
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THE MINING CONTROVERSY AND DYNAMICS OF CONFLICT:The Palawan Experience

Datu Abdelwin Sangkula

ELAC-Palawan

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Palawan_Case_Study_Mining_ Controversy

  1. 1. THE MININGCONTROVERSY ANDDYNAMICS OFCONFLICT:The Palawan ExperienceDatu Abdelwin Sangkula ELAC-Palawan ELAC-P l
  2. 2. What is Conflict?It is a “state of discord caused by the “stateactual or perceived opposition of needs, needs,values and interests between people. It p pcan result in stress or tension andnegative feelings between disputants. Aconflict can range f fli t from a disagreement, or disagreement, di tclash, to a fight, which may consist of fight,harsh words or may involve the use of words,force,force, armed conflict, or (in societies), conflict, societies),war..war..”- wikipedia
  3. 3. INTRODUCTIONThere is a growing interest amongscholars, policy-scholars policy-makers and practitionersto look into the causes of conflicts inmining communities and how these are communities,addressed/managedSeveral mining communities (domestic andabroad) are experiencing conflictsManifested in various forms, expressed in formsseveral arenasEscalated to violent confrontations and in and,some cases, have resulted to death
  4. 4. Studies show that “mining activities miningprecipitate more disputes over land thanany other industry” due to the intrinsic industrynature of mining as extractive.“conflict between mining and other land conflictuses seems to be inevitable” (TariqBakheit)
  5. 5. BACKGROUNDIt is bordered by themunicipalities of i i li i fSofronio Espanola tothe north; Bataraza Bataraza,south; Rizal, west; andSulu Sea to the east.It is locatedapproximately onehundred ninety two(192) kilometers awayfrom the City of PuertoPrincesa
  6. 6. BIOPHYSICAL PROFILEPopulation: 54,807 (11,308 households,2005 census)Density: 69 per square meter (an increaseof 20% compared to 57.5 in the year 2000)Six Barangays: 29.11% or 15,956 (3,950households) of the total populationPopulation Projection: 58,457 by the endof 2010, computed based on populationfigure of 1995. g
  7. 7. Table 1: 2005 CBMS Census and Survey of Brooke’s Point Barangay Households Population Amas 495 2,081 Aribungos 857 4,322 Barong-Barong g g 642 3,282 Calasaguen 419 2,088 Imulnod 464 1,915 Ipilan 989 4,789 Maasin M i 587 2,780 2 780 Mainit 537 2,569 Malis 482 2,159 Mambalot 456 2,297 Oring-Oring 311 1,583 Pangobilian 1,362 6,918 Poblacion 1 947 4,672 Poblacion 2 620 2,887 2 887 Salogon 635 3,130 Samarinana 551 2,598 Saraza 662 3,321 Tubtub 292 1,418 TOTAL 11,308 54,807
  8. 8. The topography ofBrooke’s Point isgenerally hilly (63.67 %have a slope 18% andh l dabove)Total land area:85,064.90 has.Six (6) barangays: ( ) g y44.04% or 37,467.50has.27,949.67 has27 949 67 h or92.98% of the multipleuse land are devoted toagricultural purpose
  9. 9. Of the 27,949.67 has. of agricultural land 27 949 67 has land,around 20,546.25 hectares or 73.5% areconsidered to be “prime agricultural land” and prime landtherefore, part of the Network of ProtectedAgricultural Areas (NPAA) under Republic Act8435 (AFMA)
  10. 10. Existing Land Use sw am ps 1% Core Zone 12% Core Zone Multiple Use Restricted Use 36% Restricted Use Controlled Use 22% Traditional Use Multiple Use Traditional Use Controlled Use sw amps p 19% 10%
  11. 11. Mineral Endowmentsmore than 90% of miningapplicants are targetingnickeliferous lateriteMantalingahan-Mantalingahan-Pulot Range ispart of the greater ophiolite beltof Palawan that is known toextend from Central Palawana d across e strait o oand ac oss the s a to NorthBorneoPalawan ophiolite belt isbelieved to be coeval(contemporary) with otherknown ophiolite occurrences inthe Philippines, which are hoststo significant nickel lateritedeposits
  12. 12. It has estimated aresource of approximately“77 million tones with a 77nickel grade of 1.25%and a cobalt grade of0.10% (SICI nowDynatec, 1997)Defined 60 million tons ofmineralization and similartonnage of nickel lateritemineralization occurs inthe MacroAsia property(Phil. Star, Sept.2007)
  13. 13. A “combined combinedresource of over120 million tonsof mineralizationover the twoproperties ismore thansufficient to justifya processingplantplant”(MacroAsia) Map from DENR EMB DENR-EMB
  14. 14. Mining claims and ApplicationsBrooke sBrooke’s Point has three (33) mining claims andapplications which include applications forexploration permits, small-scale and Mineral small-Production Sharing Agreements (MPSA).These mining claims and applications coveraround 117,831.30 hectares of forestlands -almost the size of the entire ProposedMantalingahan Range Protected Landscape Landscape.
  15. 15. The MPSAs ofMacroAsia andINC/Toledo MiningCorporation (TMC)have an aggregatearea of more or less4,000 hectares (1,114has and 2 835 06 h )h d 2,835.06 has)TMC has 54% stakeover the Ipilan NickelCorporation and isalso managing theBerong Nickel Projectin Quezon, Palawan
  16. 16. The Tenement Map of Southern Palawan Map from DENR-EMB p
  17. 17. The MPSAs ofMacroAsia andINC/Toledo MiningCorporation (TMC)have an aggregatearea of more or less4,000 hectares (1,114has and 2 835 06 h )h d 2,835.06 has)TMC has 54% stakeover the Ipilan NickelCorporation and isalso managing theBerong Nickel Projectin Quezon, Palawan
  18. 18. The Mantalingahan Proposed Protected L d P d LandscapeMantalingahan Rangeis the highestmountain in theprovince (2 086 (2,086meters masl). It isconsidered “veryhigh” in terms ofbiodiversity due to its“varied habitats,” and varied habitats,has been identified asone of the eleven (11)important Bird Areas(IBAs) in Palawan. 3 photos from CI
  19. 19. Gov. Joel T. Reyes issued Executive y ExecutiveOrder No. 24 series of 2001 creating the theSouth Palawan Planning and InformationCouncil (SPPIC)C ilSPPIC is composed of 5 municipalities:Sofronio ES f i Espanola, Q l Quezon, Brooke’s B k ’Point, Bataraza and RizalIt is currently working f the d l ti of i tl ki for th declaration fthe 120,457-hectare Mt. Mantalingahan 120,457-Range as a “Protected Landscape”, under Protected Landscapethe framework of the NIPAS and the SEPLaw (RA 7611) 7611).
  20. 20. Of the 120,457hectares b ih t beingproposed asprotected area,approximately 32 32,262.15 hectares or26.78 % are locatedin the municipality of p yBrooke’s PointBrooke’s Point has 13Brooke sbarangays that arecovered by theproposed ProtectedLandscape includingthe barangays ofCalasaguen, Maasin,Ipilan,Ipilan Mambalot andAribungos
  21. 21. THE PARTIES INVOLVED IN THE CONFLICTThe Sangguniang Bayan of Brooke’s Point Brooke sand six (6) Barangay Councils ofCalasaguen, Maasin, Ipilan, Mambalot, g pBarong-Barong-Barong and AribungosNational government agencies: g gPCSD,DENRMunicipal ECAN Board pMacroAsia Corporation (formerly Infanta)Celestial/Ipilan Nickel Corporation/TMC
  22. 22. Indigenous People’s Groups:BROFETRICS, KKLNA, OIPAPI, PanglimaAssemblyCivil Society Organizations: SIKAP, WorldVision, SAMMI, AMP, Irrigators’ Assns. g
  23. 23. OVERVIEW OF THE CONFLICTMining operations of Infanta and Nippon MiningCompany of Japan started in 1970sIts exploration/logging activities resulted tocutting down of 5,000 trees/clearing of 20 5 000hectares of forestlandsIts operations caused the death of 4 IPs(accidents), siltation of rivers; affected 50hectares of agricultural lands gIn 1975, two years after the operations,communities were affected with huge floods
  24. 24. The issue on mining re-emerged after two re-decades and when Celestial begun itsexploration activities, formerly operated byNipponLate 1990s and early 2000s civil society groups 2000s,began to engage in advocacy against Celestial’salleged illegal exploration activities in MaasinMultisectoral investigation was conducted as aresult of the complaints of residents andconcerned groupsThe PCSDS-led investigation found some PCSDS-violations committed Celestial (MPSAconditions,conditions SEP Law)In 2004, the LGUs of Brooke’s Point issued theirendorsements for Celestial’s exploration activity p y
  25. 25. Civil society groups initiated petitions,dialogues and fora to oppose theendorsement citing ““potential irreversibleenvironmental damages” and violations ofSection 9 RA 7611, RA 7160, MPSA termsand conditionsOn August 2005, FPIC was undertaken forMacroAsia sMacroAsia’s explorationOn October 2005, the LGUs brisklypassed its Resolution endorsing theMacroAsia’s exploration without publicco su tat o sconsultations
  26. 26. Actions TakenAs a result series of actions have been result,initiated such as petitions, dialogues, foraand rally demanding for the revocation of rally,endorsement.A “Petition for Recall” was initiated after all Petition Recalltheir actions fell on deaf ears.
  27. 27. ISSUES AND CONFLICTS1.) Conflict between mining and themunicipality’s Comprehensive Land Use Planmunicipality s(CLUP)2.) Mining within ancestral domains3.) Conflict between mining and the watersheds4.) Questionable decision-making p ) decision- g processes ofLGUs5. Mining within core and restricted use zones ofECAN6. Conflicting Interests and Perceptions of LocalStakeholders on Mining
  28. 28. 1.) Conflict between mining and themunicipality’s Comprehensive Land Use Planmunicipality s (CLUP)The mining area p g particularly of Celestial, which y ,covered an area of 2,835.06 in BarangaysMaasin and Ipilan is part of the proposed“Communal Forest of the municipality Communal Forest” municipality.The LGU had already delineated more or less5,0005 000 hectares located in the buffer/controlleduse zone as the proposed communal forest.Mining was not included as part of the overalldevelopment strategies of the municipality.Neither it was mentioned as one of the economicsectors.sectors
  29. 29. 2.) Mining within ancestral domainsThe indigenous Pala’wan tribe has existingancestral domain claims covering anapproximate area of 4,600 and 10 000 h i f 4 600 d 10,000 hectaresin Barangays Maasin and Aribungos,respectively p yMt. Gantong and Mt. Kalinduan which arebelieved to be sacred places (“panyaen”) are (“panyaen”)feared to be destroyed because of the miningclaimsMacroAsia was able to secure FPIC from theaffected IP communities but the process was ff t d iti b t thallegedly marred with bribery and manipulation.FPIC process was not in accordance with thetraditional practices of the Pala’wan tribe
  30. 30. 3.) Conflict between mining and the watersheds The LGU has identified the forest areas located in Barangays Maasin and Aribungos as potential sources for water supply of the municipality. The Mt. Gantong watershed, which is located in Bgy. Aribungos, is also being utilized as one of the major sources of water for domestic and agricultural purposes. The C Th Community Irrigation Project (CIPs), t it I i ti P j t (CIP ) together with th ith other three (3) CIPs in the municipality, collectively irrigate more or less 3,000 hectares of rice fields. These rice fields produce an average of 412,000 bags of palay, which at a conservative estimate are worth approximately P165 million, annually. pp y , y
  31. 31. 4.) Questionable decision-making processes decision- of LGUs The mining exploration activities of INC/TMC and M d MacroAsia h A i have b been strongly criticized b t l iti i d by some local stakeholders due to its failure to conduct “public consultations” . public consultations the “Resolution” endorsing particularly the exploration activity of MacroAsia was already “drafted” and had no “Council deliberation”. Local stakeholders feel that they have been “betrayed” by the Local Chief Executive when he defied his own public pronouncement.
  32. 32. 5. Mining within core and restricted use zones of ECANThe mining claims of MacroAsia and INC arepartly situated within core and restricted usezones of Mantalingahan Range which areconsidered as “non-allowable areas” based on “non-the updated 2005 ECAN map of the municipalityand ECAN (RA 7611). d 7611) Some stakeholders believe that the re-entry of re-extractive industries in an area as ecologicallyimportant as Mt. Mantalingahan is diametricallyopposed to the primary objective for declaringthat area as a Protected Landscape.
  33. 33. 6. Conflicting Interests and Perceptions of Local St k h ld L l Stakeholders on Mi i MiningThe varying interests and perceptions of localstakeholders, as far as the issue on impacts andbenefits of mining is concerned, is one of thecauses of conflict and tension among theconcerned parties.Direct economic benefits/employment vs.environmental/social impacts
  34. 34. ANALYSISThe case study shows that concealment, unduehaste and circumvention, especially if it involvespublic interest, are a recipe for social conflicts. The exclusion of the majority of the concernedlocal stakeholders in the decision-making decision-process, coupled with a widely perceivedcircumvention on the rule of law, only strengthenthe resolve of some constituents to continuallydistrust its public officials.
  35. 35. While tension is relatively manageable and therelationship among th diff l ti hi the different stakeholders t t k h ldlargely remains to be civil, the situation has thepotential to escalate if the following concerns concerns,which can serve as “conflict flashpoints”((Michael Carson, etal) remain unattended. , etal)The perceived propensity of some governmentauthorities to favor mining companies, and the gapparent lack of transparency on the part of themining companies to disclose importantinformation to the public only exacerbated thi f ti t th bli l b t d thetension within the communities.
  36. 36. the conflict is essentially induced by thedivergent worldviews of the local stakeholderswhich is anchored on the economic benefits onone hand and the environmental impacts on theother. The pro-mining groups believe that mining is pro-one of the alternative solutions to address thesocial and economic inequities while the anti- anti-mining groups believe that mining should not beconsidered as an option at all due to therichness of fishery and agricultural resources ofthe municipality.
  37. 37. The po e a impacts o mining o e potential pac s of g onwatershed areas (Aribungos and Maasin)are not seriously considered because ythese are not “declared” and the demandsof Irrigators’ Associations have not been gacted upon by the concerned authorities((DENR, LGU). , )
  38. 38. RECOMMENDATIONSEstablishment of mutually acceptable andtransparent mechanism/s and strengthening ofexisting structuresStrict implementation of applicable laws, p pppolicies and ordinancesEnhancement of skills and knowledge of localstakeholders on conflict resolution and t k h ld fli t l ti dmanagementThe use of independent, neutral and third-party independent third-to facilitate the resolution of the conflictReview of the ECAN guidelines on the SEP law gin relation to other Environmental Laws andmining activities
  39. 39. Makidram nang salamat g maraming salamat Thank you you... Wassalam…

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