The Philippine Misereor Partnership Inc. urges the government to promulgate a new mining policy focused on national development, protecting the environment, and respecting local autonomy. Proposed reforms include limiting mining to strategic needs, enforcing 'no-go-zones,' strengthening corporate accountability, and promoting urban mining. The call also emphasizes a review of existing contracts and the repeal of the 1995 Mining Act to prioritize community participation and stewardship over mineral resources.

2. 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.org
PROMULGATE A NEW MINING POLICY
EACH ONE CAN CALL “mine ”
( 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 )
Promulgate a new mining policy now!
We have an unsettling anticipation for the new mining policy to be issued by
PNoy administration. Of late there has been a round of media releases from different
groups as to the content of the new mining policy. The development of the mining
industry among others is one of the drivers for the present administration to rethink
the mining policy that it inherited from the GMA administration which is the
aggressive promotion of mining. For us the, the new mining policy in relation to the
development 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 for
the aggressive promotion of mining is misplaced given its dismal contribution to our
economy. We should identify strategic metals for our national development
anchored on our agricultural development. Ever since, he minerals that have been
mined and still being mined today are simply extracted by companies mostly
foreign owned and shipped to home countries of such companies. We are left with
damaged environment and toxic legacies like the Mariduque and Rapu-Rapu mining
disasters. Our national patrimony should be defended and secured for our benefit.

3. Agricultural development should be pursued and this should inform the strategic
minerals 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 even
in areas where mining would be allowed, the FPIC process should be the minimum
standard for its acceptance particularly for ancestral domain. Capacity-building of
DENR and re-orientation of the MGB as a research agency and repository of
information should be one of the directions in the changes in our mining policy.
3. Institutionalize and strengthen accountability of mining corporations and
access to justice of victims of corporate abuses
Mining corporations should transact its business in accordance with the
international principle of Business and Human Rights to which our country is one of
the signatories. The business sector which include mining is mandated by the UN
Protect, Respect and Remedy Framework to undertake due diligence before
proceeding with its business operation and it should assume the responsibility of
respecting the rights of people who will be potentially and will be actually affected by
its operation. We think that a concrete operational mechanism of this duty is to shift
the burden of proof to mining companies whenever any rights abuses or damage to
the environment occurs. The extraction of minerals is undoubtedly imbued with
public interest as it affect the lives of people and the environment. Given the
asymmetry of information between corporations and communities affected by its
operation and the great imbalance in resources and capacity by which information
can be accessed, the shifting of the burden of proof to the corporations is by itself a
concrete application of capacitating the victims of HR abuses committed by or as a
consequence of business operations.
We support the rationalization of tax incentives and other freebies given to
mining companies and exaction of transparency on all dealings of mining companies
in generating and disposing its income including any benefits material or financial
extended to LGUs and government agencies.
4. Uphold stewardship over mineral resources through peoples’ participation
in management and decision-making
We are caretakers or stewards of the Creation. Large-scale mining as it is
being done in the present context of regulatory capture, foreign ownership of
mineral extraction, gross disregard for the FPIC process for the IPs, unchecked

4. environmental crimes and disrespect for the socio-economic, cultural and political
rights of mining-affected communities among others go against the very core of
being a responsible steward. We have always risked of being accused as anti-
development but we think the responsible mining being peddled by big mining
companies borders only on stakeholdership- that is a claim based on interest or
stake. Stewardship goes beyond interest. It is a duty and recognition that we are
caretakers 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 urban
mining. Reuse and recycling of minerals like copper, gold, aluminum among others
will help reduce opening up new mines and thereby reduce also the release of other
toxic waste to the environment. This will require a policy environment that will
provide incentive and support to metal recycling. The Solid waste Management Act
and the Basel Convention has laid the groundwork for waste management but a
focused policy on metals recycling will have to formulated in order to support our
claim 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 Sangguniang
Panlalawigan of South Cotabato and Zamboanga del Norte are just two examples of
how local government units resist and defend the destructive impact of open-pit
mining. The new mining policy should recognize the constitutional and statutory
grant to LGUs to determine its development processes within the framework of
national development. Section 26 and 27 of the Local Government Code should
inform the new mining policy as these upholds the will of the communities and the
LGUs in relation to any undertaking that will directly affect, mining operations
included.
We reiterate our call for:
The repeal of the Mining Act of 1995 and the passage of the Philippine
Mineral Resources Bill;
Cancellation of all burdensome mining contracts after appropriate review and
inventory;
Moratorium on all approval of new mining permits pending the issuance of the
new mining policy.

5. Pending the repeal of the Mining Act 1995, promulgate a mining policy that
protects our ownership and control over our mineral resources that will ensure the
participation of the people and communities directly and indirectly affected by mining.
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