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.

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

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.

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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