PMPI 4th GA Statement E.O Mining


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PMPI 4th GA Statement E.O Mining


( A PMPI Statement on the proposed Executive Order on Mining
during its 4th General Assembly composed of 229 delegates
representing 159 of its 284 member civil society organizations from
the 15 regional clusters all over the Philippines, held at Teacher’s
Camp, Baguio City, last February 27-March 1, 2012 )

Published in: Education, Technology, Business
    No to mining in Palawan AND other
    Key Biodiversity Areas (KBAs)
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  • Ang yaman ng Palawan ay yaman ng Pilipinas It is known as the Philippines’ Last Ecological Frontier. It has 40% of our country’s remaining mangrove areas, 30% of our coral reefs, at least 17 Key Biodiversity Areas (KBAs), 2 UNESCO World Heritage Sites, and 8 declared Protected Areas (PAs). It is unmatched anywhere in the country.
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PMPI 4th GA Statement E.O Mining

  1. 1. Philippine Misereor Partnership, Inc. National Secretariat 2nd Floor # 8 Cordillera Street Brgy. Doña Aurora, Galas, 1113 Quezon City Telephone: (632) 353-4287Fax: (632) 353-439 E-mail: pmpsecretariat@yahoo.comWebsite: http://www.2003pmp.orgPROMULGATE A NEW MINING POLICYEACH ONE CAN CALL “mine ”( A PMPI Statement on the proposed Executive Order on Miningduring its 4th General Assembly composed of 229 delegatesrepresenting 159 of its 284 member civil society organizations fromthe 15 regional clusters all over the Philippines, held at Teacher’sCamp, Baguio City, last February 27-March 1, 2012 ) Promulgate a new mining policy now! We have an unsettling anticipation for the new mining policy to be issued byPNoy administration. Of late there has been a round of media releases from differentgroups as to the content of the new mining policy. The development of the miningindustry among others is one of the drivers for the present administration to rethinkthe mining policy that it inherited from the GMA administration which is theaggressive promotion of mining. For us the, the new mining policy in relation to thedevelopment of the mining industry should consider the following:1. Mine only what we need for our national development Time and again, we have repeatedly stressed that the economic argument forthe aggressive promotion of mining is misplaced given its dismal contribution to oureconomy. We should identify strategic metals for our national developmentanchored on our agricultural development. Ever since, he minerals that have beenmined and still being mined today are simply extracted by companies mostlyforeign owned and shipped to home countries of such companies. We are left withdamaged environment and toxic legacies like the Mariduque and Rapu-Rapu miningdisasters. Our national patrimony should be defended and secured for our benefit.
  2. 2. Agricultural development should be pursued and this should inform the strategicminerals that our country should produce.2. Respect and protect “No-go-zones” Aside from the areas where mining should not be done under existing laws,no-go-zones for all forms of mining should also include the conflict areas, key-biodiversity areas, small-island ecosystem, and prime agricultural lands. And evenin areas where mining would be allowed, the FPIC process should be the minimumstandard for its acceptance particularly for ancestral domain. Capacity-building ofDENR and re-orientation of the MGB as a research agency and repository ofinformation should be one of the directions in the changes in our mining policy.3. Institutionalize and strengthen accountability of mining corporations andaccess to justice of victims of corporate abuses Mining corporations should transact its business in accordance with theinternational principle of Business and Human Rights to which our country is one ofthe signatories. The business sector which include mining is mandated by the UNProtect, Respect and Remedy Framework to undertake due diligence beforeproceeding with its business operation and it should assume the responsibility ofrespecting the rights of people who will be potentially and will be actually affected byits operation. We think that a concrete operational mechanism of this duty is to shiftthe burden of proof to mining companies whenever any rights abuses or damage tothe environment occurs. The extraction of minerals is undoubtedly imbued withpublic interest as it affect the lives of people and the environment. Given theasymmetry of information between corporations and communities affected by itsoperation and the great imbalance in resources and capacity by which informationcan be accessed, the shifting of the burden of proof to the corporations is by itself aconcrete application of capacitating the victims of HR abuses committed by or as aconsequence of business operations. We support the rationalization of tax incentives and other freebies given tomining companies and exaction of transparency on all dealings of mining companiesin generating and disposing its income including any benefits material or financialextended to LGUs and government agencies.4. Uphold stewardship over mineral resources through peoples’ participationin management and decision-making We are caretakers or stewards of the Creation. Large-scale mining as it isbeing done in the present context of regulatory capture, foreign ownership ofmineral extraction, gross disregard for the FPIC process for the IPs, unchecked
  3. 3. environmental crimes and disrespect for the socio-economic, cultural and politicalrights of mining-affected communities among others go against the very core ofbeing a responsible steward. We have always risked of being accused as anti-development but we think the responsible mining being peddled by big miningcompanies borders only on stakeholdership- that is a claim based on interest orstake. Stewardship goes beyond interest. It is a duty and recognition that we arecaretakers of the Creation for the present and future generation.5. Explore and promote policies on Urban Mining or Metals Recycling. Pressure to mine our mineral resources will be reduced if we consider urbanmining. Reuse and recycling of minerals like copper, gold, aluminum among otherswill help reduce opening up new mines and thereby reduce also the release of othertoxic waste to the environment. This will require a policy environment that willprovide incentive and support to metal recycling. The Solid waste Management Actand the Basel Convention has laid the groundwork for waste management but afocused policy on metals recycling will have to formulated in order to support ourclaim for stewardship and management of our mineral resources.6. Recognize and respect local autonomy The open-pit ban contained in the Environment Code of the SangguniangPanlalawigan of South Cotabato and Zamboanga del Norte are just two examples ofhow local government units resist and defend the destructive impact of open-pitmining. The new mining policy should recognize the constitutional and statutorygrant to LGUs to determine its development processes within the framework ofnational development. Section 26 and 27 of the Local Government Code shouldinform the new mining policy as these upholds the will of the communities and theLGUs in relation to any undertaking that will directly affect, mining operationsincluded. We reiterate our call for: The repeal of the Mining Act of 1995 and the passage of the PhilippineMineral Resources Bill; Cancellation of all burdensome mining contracts after appropriate review andinventory; Moratorium on all approval of new mining permits pending the issuance of thenew mining policy.
  4. 4. Pending the repeal of the Mining Act 1995, promulgate a mining policy thatprotects our ownership and control over our mineral resources that will ensure theparticipation of the people and communities directly and indirectly affected by mining. -------------o 0 o--------------