Mine Development
Mine Development
Key theme:
Key country:
Completion:
Nimfa L. Bracamonte
MSU-Iligan Institute of Technology,
the Philippines
Research aims:
The aim of this research is to understand the perceptions and concerns of
key mining development stakeholders in the Philippines in order to
develop a shared agenda for responsible mining. The specific objectives
are to:
provide a brief history of mining in the country
determine the issues and concerns surrounding the positions of
stakeholders
analyse the opportunities/benefits and risks/negative impacts for
mineral extraction
identify the requirements of a shared agenda for responsible mining
development
For further information on this action research:
Contact person:
Nimfa L. Bracamonte
nimfabutuan@[Link]
MSU-Iligan Institute
of Technology
Submitted to:
International Mining for Development Centre (IM4DC)
Sustainable Minerals Institute (SMI)
University of Queensland
Brisbane, Australia
by
Nimfa L. Bracamonte
MSU-Iligan Institute of Technology
Iligan City, Philippines
June 2015
Research Team:
Researcher/Writer/Lead Facilitator:
Nimfa L. Bracamonte
Admin/Coordinator:
Teresita Ignacio
Acknowledgement:
Contents
EXECUTIVE SUMMARY ........................................................................................................................ 3
SECTION A. INTRODUCTION .............................................................................................................. 6
Objectives of the Status Review and Foundation Stakeholder Interviews: .................................. 8
Methodology ......................................................................................................................................... 9
Framework of Analysis ...................................................................................................................... 10
SECTION B. BRIEF HISTORY OF MINING IN THE PHILIPPINES ............................................... 16
SECTION C. REVIEW OF RELATED LITERATURES ON MINING IN THE PHILIPPINES: A
BRIEF SUMMARY ................................................................................................................................. 24
SECTION D. FOCUS GROUP DISCUSSION (FGD) OUTPUTS AMONG STAKEHOLDERS
(2013 2014, Manila & Davao) ........................................................................................................... 29
D.1. FGD Outputs (Shangrila, Manila conducted on April 3-5, 2013) ......................................... 29
D.2. FGD Outputs in Davao and Manila (June 2014 and September 2014) .............................. 36
D.3. FGD Outputs in UP-National Engineering Center, Diliman .................................................. 39
September 16, 2014 .......................................................................................................................... 39
D.4. FGD Outputs with Mining Executives, September 16,2014 ................................................. 40
SECTION E. KEY INFORMANT INTERVIEWS AMONG SELECTED GOVERNMENT
OFFICIALS AND OTHER SECTORS ................................................................................................. 44
SECTION F. ANALYSIS/SYNTHESIS AND RECOMMENDATIONS ............................................. 50
REFERENCES ....................................................................................................................................... 57
APPENDIX 1A. Review of Related Literatures on Mining in the Philippines ................................. 61
APPENDIX 1B. OUTPUTS OF KEY INFORMANT INTERVIEWS WITH SELECTED
GOVERNMENT OFFICIALS .............................................................................................................. 105
APPENDIX 2. FGD Participants Profile and Highlights of Proceedings in Davao and Manila . 110
2.1.
FGD Participants Profile in Davao, Proceedings, and Photo Documentation ............. 110
2.2.
FGD Participants Profile in Manila, Proceedings, and Photo Documentation ............. 139
2.3.
TABLE 8. MINING-RELATED ISSUES AND CONCERNS FROM KEY INFORMANTS AMONG SELECTED GOVT. .......................................... 44
TABLE 9. ENVIRONMENTAL ISSUES (POSITIVE AND NEGATIVE) RELATED TO TVI IN SIOCON, MAY 21-22, 2014 ............................... 46
TABLE 10. SOCIOECONOMIC ISSUES (POSITIVE AND NEGATIVE) RELATED TO TVI, SIOCON, MAY 21-22, 2014 ................................. 47
TABLE 11. CULTURAL ISSUES RELATED TO TVI IN SIOCON, MAY 21-22, 2014 .......................................................................... 49
FIGURE 1. ANALYTICAL FRAMEWORK ............................................................................................................................... 15
FIGURE 2. PROBLEM TREE SHOWING THE POLITICAL AND ECONOMIC CAUSES AND EFFECTS OF MINING ................ 34
EXECUTIVE SUMMARY
This report entitled Developing a Shared Agenda for Mining Development in the Philippines is
aimed at investigating approaches for bridging technical information related to mining with the
social context and in doing so gaining an understanding of the perceptions and concerns of key
mining development stakeholders. In particular, this work analyzes the potential opportunities
and benefits with the risks or negative impacts in mineral resource extraction, and attempts to
identify a shared agenda towards responsible mining in the country. Data were generated from
the roundtable discussions, focus group discussions, key informant interviews (over 130), and
review of secondary data (desktop status review). Entry protocols and securing the informed
consent of the participants were observed.
Based on geological survey information from the Mines and Geosciences Bureau, the
Philippines has the fifth richest mineral deposits in the world, which equates to about a trillion
dollars on current metal prices. This provides the potential to develop a strong economy from
extracting metallic ore reserves. As the Philippines is considered to be one of the key global
biodiversity hotspots, it is a continuing challenge for the mineral industry to develop and
maintain the balance between risks and opportunities while harmonizing ecological integrity with
social responsibility and authentic economic development for the benefit of government and the
multi-sectorial constituents.
There are a myriad of continuing mining issues that affect mining development in the
Philippines. These issues include ecological, economic, political, and cultural problems,
particularly those affecting indigenous peoples, which commenced during the colonial period
and remains until today. In many instances, indigenous peoples territories have been displaced,
with their territorial and cultural rights undermined. Often poor communities remain in mining
areas which is antithetical to the expected economic gains from the mining industry. Mining in
the Philippines is aptly captured by following quote: The Philippine mining industry has
historically been liberalized, laid open to foreign and private control without developing
downstream industries, and limited to extraction, export ores, and dependence of foreign
capital, expertise and technology (The Center for Environmental Concerns-Philippines: n.d.:3).
the community of indigenous peoples (IPs) and non-IPs who are for sustainable
extraction of resources for the benefit of the communitys interest and collective
determination through strong and independent peoples organizations;
the mining companies that are driven by their profit motivation taking into account
issues of sustainability and equity;
the small-scale miners who declare mining as their source of livelihood and profit
motivation taking into account issues of sustainability and equity; and
the State/local government units (LGUs) who are stewards of national and other
community interests.
the civil society organizations that are known to be stewards of national and other
community interests and
academia that is also prominent stewards of national and other community interests
through science and technology.
The related studies/literature and stakeholder interviews document the unfavorable effects of
mining and reveal a key issue: the lack of political will to enforce laws/policies for mining
development. The negative perceptions of mining from civil society and academia in taking a
critical position are to the dismay of the mining companies, and the lukewarm attitude of the
government affects the issues related to benefit sharing and taxation. This affects policy
governance, as well as environmental aspects that can be exemplified by the small-scale
miners. The small-scale level of extraction may result in lower revenues to the government and
inefficient extraction causing more environmental damage, which is not subjected to the
rigorous standard measures.
An emerging pattern identified by this research is the greater need of transparency and
accountability in the way mining companies handle their monitoring and evaluation of the
environmental impacts. In addition, the implementation of community development programs
need proper accountability as the community often believes it does not receive the appropriate
economic returns because they consider the local government take is too high. There was a
unanimous view from the community stakeholders that local government was not operating in
the best interests of the local community. The issue of governance is a critical point and remains
a great challenge that urgently needs attention.
The essence of intergenerational equity, that is in bequeathing to the next generation the
resources of today, is most striking. One has to wrestle with innumerable problems that can be
created by mining. For example, the exhaustion of resources, impacts to the environment,
conflict and control in the uplands, presence of para-military groups, killings and extortions, and
the like. In these cases, values such as transparency, participation, inter-generational equity
would only be rhetoric. However, there are significant developments in legislation that address
Indigenous Peoples rights and the regulation of extractive industries, although there is much
room for improvement in terms of alignment and harmonization.
Moreover, the stakeholder theory remains challenging, as there is no uniform feature for all the
multi-stakeholders. A stakeholder may occupy two or more positions at the same time.
Convergence and Possible Shared Agenda for Mining and Development: Fair and equitable
share/benefits from resources extracted
Cognizant of the converging points for all stakeholders to gain fair and equitable share/benefits
in mineral resource extraction, there is an emerging consensus to have a responsible and
functional legal/institutional framework for mining and development, a trans-generational and
empowered community, equitable sharing of responsibilities and improved returns, a clean and
healthy ecosystem, and collaborative research and education among stakeholders and
international partners to unite the multi-stakeholders to a shared agenda for mining. The way to
operationalize this may be to go through a rigorous process of discourses and debates. It is
imperative for all to participate in pursuing this and not leave it to governmental bureaucracy.
After all, there are many and varied stakeholders and it is the role of academia to produce
sound research to support the science and supporting technology outcomes. ..
The possible key to resolving the potential conflicts emanating from these complex dynamics is
the forging of a strong unity towards a collective agenda and agreement to respect divergent
interests of the various stakeholders under a common framework that makes resource
extraction beneficial to all. The collective agenda can be shared and serve as a starting point for
collaborative undertakings. This is possible when two or more stakeholders work as one to a
mutually agreed-upon goal and equitable returns. Engaging all stakeholders is essential in
obtaining genuine community informed consent and meaningful engagements in conflict
transformation, policy formulation/implementation and development interventions.
Communities where resources are extracted can have a say on their use and disposition based
on their interests and concerns. This process of taking back the economy, necessitates a
political process where the once marginalized voices now are recognized. It is in thinking
together about our working lives, our collective efforts, the places in which we encounter others,
the commons we constitute through our care, and the future we collectively invest in that will
allow us to build an economy worth living in with one another (Gibson Graham, J. K. et al.,
2013: 192).
The strong message is that for sustainable development to be operational, it is crucial to
harmonize and integrate the concerns for a sound and viable economy, sensitivity to
SECTION A. INTRODUCTION
Is there such a thing as responsible mining or sustainable development in mining? Is this
possible in the Philippines? What are our scientific bases for declaring there exist responsibility,
intergenerational equity, transparency, and democratic participation of the multi-stakeholders?
When do we say that the mining benefits are equally distributed? Can the conflict and
disharmony dealing with natural resource extraction be addressed to bring about peace and
development to the country? How can mineral resource extraction be a driver of meaningful
economic development? Is it possible to carry out mining with a conscience? What is the
future of mineral industry in the Philippines? These are just some of the important social
questions that must be answered by the Filipino people as they deal with benefits/opportunities
and disadvantages/risks of mineral extraction in the resource-rich country.
The Philippines is among the most mineral-rich country in the world with large quantities of
mineral resources such as gold, copper, chromite, iron, nickel, chromite, bauxite, marble, and
limestone. The country reportedly ranks second to South Africa in gold production per one
square kilometer, ranks third in copper, and sixth in chromite reserves (Tujan and Guzman,
2002).
As of March 29, 2011, the government approved 785 mining agreements, including six Financial
and Technical Assistance Agreements (FTAA), 339 Mineral Production and
Sharing
Agreements (MPSAs), 115 Exploration Permits (EP), 57 Mineral Processing and Production
Permits, 212 Industrial Sand and Gravel Permits, and 56 lease contracts. These cover
1,042,531 hectares or 3% of the countrys total land area. The Philippines has around 7.1 billion
metric tons (BMT) of metallic mineral reserves such as gold and nickel and 51 BMT of nonmetallic deposits. Their total value is estimated to be $840 billion to $1 trillion. This is
approximately ten times the countrys gross domestic product and larger than its entire external
debt (A Primer on the Peoples Mining Bill, n.d.). Mindanao, the southern part of the country,
prominently hosts more than half of the countrys mineral wealth. The Mines and Geosciences
Bureau (MGB) declared that as of April 2013, of the 397 mining contracts and permits issued by
the government, 123 or 31 percent are situated in Mindanao and of the 38 operating metallic
mines of the country, 20 or 53 percent are located here as of May 2013. Five of the major
mining projects in the making are, namely: the Tampakan copper-gold project, the BoyonganBayugo copper-gold project of a group led by Philex Mining Corporation in Surigao del Norte,
and the Kingking copper-gold project of Nationwide Development Corporation in Compostela
Valley. Reports indicate that Mindanao has approximately half of the $1 trillion worth of mineral
resources of the country.
Despite these facts, there is concern over the insignificant contribution of mining to the national
economy. Mining production accounts for only about 1.5 percent of GDP and mineral exports
have averaged 3.7 percent of total exports since 2007 (IMF Country Report in 2012). According
to the same report, the mining sectors low contribution to government revenue is partly due to
the mining sector comprising mostly [of] small-scale mines (with about 34% of total mining
production) do not pay a lot of tax, older mines that are in their twilight years, and a few new
mines that are enjoying tax holidays. Note that at present 5% is imposed as mineral royalty and
2% excise tax on mineral production (Ibid).
The same report noted that many local governments issue permits for small-scale mines and
have approved ordinances thereby limiting or banning types of mining such as open pit mining.
While there are environmental safeguards for this action, this is partly a response to the smallscale mining fiscal regime. In this case, small-scale miners pay no royalty or other charges to
DENR and instead pay taxes directly to local government units (LGUs) with the national
government not getting any share. On the other hand, only a portion of taxes, royalties and fees
paid by large mines to the national treasury go to LGUs, notwithstanding the long period of
waiting for it to reach the LGU. This makes more practical and alluring for the latter to issue
small-scale mining permits and to oppose large-scale mining. This pertains to the governance
issue in mining development. But the micro-level extraction may also disrupt the continuity of
reserves to be mined and results in inefficient extraction (Ibid, p. 46). There is a big possibility
that this results in more environmental damages since small-scale mining is not subject to the
more stringent standard measures imposed to large mining operations.
Innumerable persisting issues continue to surround mining development. Why are resource-rich
communities remain poor as ever (contradiction of mineral wealth side by side with persistent
poverty)? How do we ensure that the minerals are tapped and utilized in a safe and sustainable
manner? How do we effectively guard against environmental degradation and repeated
occurrence of disasters? There are reports of polluted air, contaminated rivers, destroyed
mangrove forests, weakened slopes, ravaged corals, ruined agriculture endangering
biodiversity, as well as, damaged indigenous and local cultures. Considering that there are
various environmental, technical, economic, and sociocultural issues, it is a continuing
challenge how to harmonize efforts towards responsible mining anchored on science and
technology. A sustainable operation maintains a sense of equilibrium between opportunities and
risks. Balanced development is one that promotes economically feasible, socially responsible,
and ecologically sound mining.
These issues have become important research agenda for the academia. It is noteworthy that a
Memorandum of Agreement (MOA) has been signed with four state universities and colleges
(SUCs) for the conduct of a research program that aims to ensure responsible mining in
Mindanao. Dr. Amelia P. Guevara, Department of Science and Technology (DOST)
Undersecretary for Research and Development has underscored that this Program will help
address these technical, environmental and sociocultural issues and will aim for a sociallyacceptable, economically viable, environment-friendly and ecologically sound mining in the
region anchored on sound decision support system developed from information and
technologies generated through research and development. The Program is a collaboration
among the DOST through PCIEERD, Congressional Commission on Science and Technology
and Engineering (COMSTE), Commission on Higher Education (CHED) and the SUCs to
include the Caraga State University (CSU), University of Southern Mindanao (USM), Mindanao
State University Iligan Institute of Technology (MSU-IIT) and Mindanao University of Science
and Technology (MUST). DOST-PCIEERD and CHED are providing funding to the research
program.
Corollary to this, the consortium of academic institutions that the University of Queensland
Sustainable Mining Industry (UQ SMI) of Australia has been working with, that would include the
University of the Philippines (UP), Mindanao State University-Iligan Institute of Technology
(MSU-IIT) and University of Southeastern Philippines (USEP), has also been bolstered. Building
capacity for research, education and training has started with the support of the
DFAT/Australian Aid program and other sources. These efforts are eventually aimed at
developing the technical capability of these institutions to support the development of a
sustainable mining industry in the Philippines with academia as partners.
A key element of this particular project is the development of a shared agenda that necessitate
consultations, roundtable discussions, and group/individual interviews among mining
stakeholders. These activities aim to provide a venue for articulating the pros and critical
positions regarding the mining industry in the country. It is important to identify areas of
research, which would feed into the local academic institutions, and subsequently, pave the way
for the plan to establish a national center for minerals industry in the country.
The concept paper prepared by UQSMI in the project Establishing a Stakeholder Dialogue to
develop a Shared Agenda for Mining Development, where this particular research emanates
embodies the three components of the overall purpose of the project and these are as follows:
1) To explore ways of bridging technical information about mining in a social context through
an improved process of technology transfer communication in areas of ethno-religious
conflict which is often operationalized through activism round the environmental and social
impact of mining;
2) To gain an understanding of perceptions and concerns of key mining development
stakeholders in the Philippines a country of immense significance to Australia regionally,
and one which has endured tremendous natural disaster damage in 2013; and
3) To develop an institutional partnership with universities in the Philippines, particularly the
consortium of universities that UQ SMI have been working with, including the University of
the Philippines, Mindanao State University, and University of Southeastern Philippines. UQ
SMI has been building capacity for research, education and training with these universities
assisted by the DFAT Australian Aid program. UQ SMI also assists in developing the
technical capability to support the development of a sustainable mining industry in the
Philippines.
To quote pertinent portions of the concept paper:
The outcomes from this project would lay the foundations for undertaking a larger
program to conduct a structured stakeholder dialogue to develop a shared agenda for
sustainable mining development in the Philippines. The outcomes from this larger
program would make a major contribution to the development of a strategic roadmap for
a sustainable mining industry in the Philippines, and in doing so would contribute to
mining development pathways to extract resources in a manner that would deliver longterm sustainable benefits to the Philippines.
Objectives of the Status Review and Foundation Stakeholder Interviews:
As elucidated in the UQSMI concept paper, this status review would present in a concise form a
critical overview of the key facets related to mining development such as critical environmental,
social, political, and technical aspects and would include a brief history of mining in the
Philippines in the post-colonial era to help understand the resistance to current mining
development. In brief, this status review and stakeholder interviews hope to attain the following
General Objective: To gain understanding of perceptions and concerns of key mining
development stakeholders in the Philippines towards a shared agenda for responsible mining.
Specific Objectives:
1. To provide a brief historical development of mining in the country;
2. To determine the issues and concerns surrounding the pro and critical positions of
various stakeholders;
3. To analyze the potential opportunities/benefits and risks or negative impacts in mineral
resource extraction; and
4. To identify the shared agenda towards responsible mining in the country.
Methodology
Triangulation of the primary and secondary data is employed. Data are generated from the rapid
appraisal procedures which include focus group discussions (FGDs), roundtable discussions,
key informant interviews (KII), field observations, and review of secondary data. The desk-top
status review examines the recent work that has been undertaken relevant to mining industry
development in the Philippines. The specific research tools for the primary data are presented in
Table 1 below.
Research Tool
Roundtable Discussion/ FGD (April 3-5,2013,
Shangrila, Manila)
Focus Group Discussion
(June 23-24, 2014, Davao)
Focus Group Discussion
(Sept. 16, 2014, UP Diliman & Manila Polo Club,
Manila,)
Key Informant Interview w/ Selected
Government. Officials (Sept. 17, 2014, Manila)
Key Informant Interview w/ Multi-sectors (IPs,
CSOs and LGUs)
(May 21-22, 2014)
Total
Males
Females
Total
44
30
74
18
24
12
17
13
86
45
131
It is important to note that the research process observed ethical research procedures such as
following entry protocols and securing the informed consent of the participants. At the
community level, permission was obtained from the local leader, i.e., from the head of the
municipality/barangay and/or traditional leader. At the start of the KII or FGD, there was
declaration of the intent of the study and permission was always procured to record/document
the process and take photos of the participants.
Limitation of the Study
This report is limited to the data generated from the roundtable discussions, focus group
discussions, key informant interviews, and review of secondary data. In the process of
integrating the data, the researcher is constrained by data availability and time limitation in data
analysis. Admittedly, the researcher grappled in packaging this report having personally
witnessed and felt the struggle of those in the uplands in defense of their age-old cultural
heritage and life vis--vis the role of academia in research, extension and development
endeavors. There are variegated issues and concerns that are complicated and contradictory.
Whatever this report will contribute to current mining discourses, there is a sincere effort to
adhere to the principles embedded in observance of ethics and responsibility. The report
expects a sequel in the form of an in-depth case study focused on a mining company to discern
more insights and provide a space for community capacity strengthening as part of an action
research. More importantly, it is fervently hoped that the outcome and recommendations of this
study would add to the literature on mining as reference data that can be translated into action
research, appropriate development interventions, and well-meaning policy formulation and
implementation.
Framework of Analysis
The framework that shall guide this report will be an eclectic mix weaving together several
theories and concepts such as sustainable operations (SUSOP), sustainable development and
related concepts, and stakeholder theory to aptly capture the innumerable dimensions of an
economic activity such as resource extraction. These will hopefully form a funnel of ideas and
concepts that will direct the development of a shared agenda for mining development in the
country. Considering the various views, it is a daunting and arduous challenge to discern the
gaps and disagreements and locate converging points of the stakeholders.
Resource extraction such as mining necessitates a unique locus to operate. Who really gets
what, when, where, and how in excavating and pulling out natural resources. The proliferation
of extractive practices all over the world need to consider core values such as intergenerational
equity, accountability, democratic/participatory governance, and transparency. These concepts
are defined below.
Sustainable Operations. One useful framework is known as SUSOP developed over the years
by the Sustainable Minerals Institute of the University of Queensland in Australia. Corder in his
presentation entitled Developing Better Projects through the Early Identification of Sustainability
Opportunities and Risks postulates that there is a growing challenge to better understand the
factors that affect the development of new resources projects. This is illustrated by the
increasing societal expectations of the resources industry, as well as the commitment made by
resource companies to their own sustainability policies. The challenge for engineers and
scientists is how to meet the rising expectations of society and corporately endorsed
sustainability policies while still delivering projects that satisfy necessary technical and financial
requirements.
SUSOP (SUStainable OPerations) is a sustainability opportunities and risks framework that
aims to address this challenge. Critical environmental, community and social issues are
identified and translated into operating designs and practices to deliver new innovative
solutions. Understanding these factors at the early phases such as concept, pre-feasibility and
feasibility of new projects is viewed to be critical to producing a project that meets societal
expectations. Better appreciation of crucial sustainability risks involving environmental, social
and community risks early in project development promotes the need to identify innovative
solutions that can potentially mitigate these risks.
10
All elements are supported by the SUSOP knowledge base which includes information on
sustainability frameworks and principles, details on case studies, relevant sustainability tools
and databases to assist in the evaluation and assessment stages, resources for workshops and
relevant public domain information and data.
The main outputs from a SUSOP study are presented in the Sustainability Register. This
operates in a manner similar to the conventional risk register and includes: Opportunities for
improving the contribution to societal sustainability and business performance of the project;
Supporting SD Balance Sheets to schematically show the positive and negative impacts across
the five capitals of sustainability (natural, human, social, manufactured, and financial capitals);
and sustainability risks that could potentially impact on the projects viability. The latter involves
the action plans for opportunities and risks in the register before proceeding through the next
project toll gates (Ibid).
The same article mentions the five capitals model, developed by the not-for profit organization,
Forum for the Future, utilizing the concept of capitals to organize sustainability thinking. These
are the:
Natural Capital is the basis not only of production, but of life itself and is any
stock or flow of energy and material that produces goods and services. It
includes the resources (renewable and non-renewable materials), sinks (that
absorb, neutralize or recycle wastes); and processes (such as climate
regulation).
Human Capital consists of people's health, knowledge, skills and motivation,
which are needed for productive work.
Social Capital concerns the institutions that help maintain and develop human
capital in partnership with others, e.g. families, communities, businesses, trade
unions, schools, and voluntary organizations.
Manufactured Capital comprises material goods or fixed assets which contribute
to the production process rather than being the output itself, e.g. tools,
machines and buildings.
Financial Capital enables the other types of capital to be owned and
traded, and is representative of natural, human, social or manufactured capital,
e.g. shares, bonds or banknotes.
It is important to note that Goal Scoping and Opportunities and Risks Identification involves the
following:
Establishing sustainability goals that provide the basis for the identification of
opportunities and risks
Identifying opportunities that could achieve one or more goals and risks that
could prevent one or more goals from being achieved
Conducting initial ratings of the opportunities and risks.
Sustainable Development and Related Concepts. As global climate change haunts the world
today, it is imperative to incorporate the essence of climate change adaptation and disaster risk
reduction in the natural resource extraction that are best illustrated in the concept of sustainable
development. The basic challenge is to address and mitigate global warming and stimulate
broad-based economic activity that would generate wide ranging benefits while avoiding
environmental destruction. There is now a growing awareness to integrate ecological objectives
with economic opportunity and social equity.
Sustainable development is a pattern of resource use aimed at meeting human needs while
preserving the environment. The term was coined by the Brundtland Commission which has
become the most often-quoted definition of sustainable development as a form of development
which integrates the production process with resource conservation and environmental
11
enhancement. It should meet the needs of the present without compromising our ability to meet
those of the future. The field of sustainable development can be conceptually broken into three
constituent parts: environmental sustainability, economic sustainability, and sociopolitical
sustainability. This is development that pursues a path that is lasting shifting from the
exploitative-extractive development to the environment-friendly sustainable development
perspective. Three sets of objectives need to be integrated for sustainable development as
follows: Ecological Objectives: ecosystem integrity, carrying capacity, biodiversity, global issues;
Social Objectives: empowerment, participation, social mobility, social cohesion, cultural identity,
institutional development; and Economic Objectives: growth, equity, and efficiency. These
uphold that equity, growth, and environmental sustainability are simultaneously possible.
Sustainable development became the byword in response to the globally pervasive issues on
environment and development when the historic Earth Summit formulated the Rio Declaration
on Environment and Development in June 1992 with more than 30,000 government and nongovernment participants. As an offshoot of this gathering, the Agenda 21 plan of action was
formulated comprising four main components to address development issues, two of which are
the social and economic dimension and conservation and management of natural resources
(cited in Guzman and Guzman, 2000; cf [Link] org/wiki/Sustainable) .
Along with the other components, ecological integrity is indeed crucial in sustainable
development. This brings into light the notion of ecological dialogue where the material and
ideal dimensions of the environment depend upon and interact with each other and together
constitute the practical condition of our lives as advocated by Bell and Carolan (2009). The
mutual interdependence involves the interplay, constant conversation, between the material and
ideal dimensions of the never-ending dialogue of life and how our environmental practices
emerge from it. To aptly quote Bell and Carolan:
Ecological dialogue. to conceptualize the environmental relations that shape
our scope for action: our ability to do, to think, to be .These relations of power
include both the organizational factors of materiality and the knowledge factors of
our ideas- which in turn shape each other (Bell and Carolan, 2009: 4).
When we say sustainable development, it is directed at the future generation bearing in mind
intergenerational equity. The concept of intergenerational equity raises a way out to
environmental problems whose effects are likely to be spread unevenly across generations
because of its reference to needs or benefit of future generations. Brown Weiss as cited by
Wood (2004) espoused that each generation holds the planet on trust for the next.
Intergenerational justice apparently carries the notion of a social contract. A quote from
Salvador P. Lopez is in order:
There is, of course, the need to utilize and conserve the countrys minerals as
wisely and judiciously as possible for the good of the greatest number including,
and especially, generations yet unborn. One way of doing this is by optimizing
the value of every ounce of mineral that is mined and processed (Lopez, 1992:414)
The economic aspect of sustainable development may also embrace the ethical principles in
community economy involving the principle of interdependence, recognition and negotiation.
These are outlined in the book Take Back the Economy where Gibson and Graham (2013)
propose a reversal of the manner economies are operated. From the top-down structure that
dictates how resources are used and allocated where states and capitalist enterprises
determine the processes and outcomes, the authors proposed a negotiated community
economy as an alternative. In this model, grassroots resource-use and interests are given
primacy and importance.
They put forward this reversal on the basis of a set of beliefs
regarding the negotiated nature of the economy - that it is not monolithic or unchanging.
Communities where resources are extracted can have a say on their use and disposition based
on their interests and concerns. This process of taking back the economy, necessitate,
12
however, a political process where the once marginalized voices now are recognized and
assume center stage in a complex economy with diverse systems of operation which may
include barter and mutual aid. To quote:
Our communities are sustained by enterprises that operate in the market for
private profit as well as those that directly serve the interests of communities
and care for the natural or social environment. Businesses that plunder the
environment and sow disregard for their workforces increase the vulnerability
of people and places. The more diverse the forms of enterprise that direct their
surplus toward sustaining environment and communities, the more secure our
futures will be (Gibson and Graham, 2013: 192).
The prescription goes beyond the aim of replacing the current order with a democratizing
political program, but more importantly allow for the sustainable and equitable use of resources
for the society of the future by re-ordering the global economic system towards ethical
community economies. The authors write: It is in thinking together about our working lives, our
collective efforts, the places in which we encounter others, the commons we constitute through
our care, and the future we collectively invest in that will allow us to build an economy worth
living in with one another (Ibid., pp. 196-197). It is proposed that human constituents should
learn from natures lessons where diversity produces resilience.
In regard to the social dimension of sustainable development,
social cohesion, cultural
identity, democratic participation, transparency and accountability are vital concepts.
Accountability refers to the processes through which an organization makes a commitment to
respond to and balance the needs of stakeholders in its decision-making processes and
activities, and delivers against this commitment (One World Trust. 2005: 20). According to
Whitty (2008) in the book Accountability Principles for Research Organisations, there are four
principles of accountability, namely: participation, evaluation, transparency and feedback
mechanism. Participation refers to the ways in which an organization involves stakeholders in its
decision making processes and activities. Stakeholders are given a voice in the activities of the
organization creating ownership of the results and legitimacy. Additionally, democratic
participation relates to power and decision making or ability to influence officials and policies.
The goal of democratic citizen participation is enhancing the potential for affected citizens to
become part of the decision-making process, rather than being victims of the decisions made by
agencies or institutions (Fiorino, 1990). The mechanisms may include the following
opportunities: individual or group participation in decisions on an equal basis with officials,
experts, and other stakeholders; allowing citizens or their representatives to define issues,
question experts, and shape the agenda; learning and improving understanding about issues;
availability and equality of resources for participation; and access to decision-makers (Fiorino,
1990; Tickner. 2001).
Moreover, transparency is also essential in governance and management of resources. It grants
and affords the constituents access to evidence or public information. Transparency is a
characteristic of processes defining the way in which an organization makes available
information about their activities particularly the financial aspects of an organization. This may
also include information about their work, expertise, and key stakeholders. Transparency is a
necessary pre-condition to accountability: only through the availability of information about its
actions, stakeholders and research, can an organization be held to account for them (Whitty,
2008).
The strong message is that for sustainable development to be operational, it is crucial to
harmonize and integrate sound and viable economy, sociocultural dimensions, and ecological
integrity in an atmosphere of democratic consultation, responsibility, and transparency.
13
Stakeholders. The concept of stakeholders will also be employed in this report. Stakeholders
generally refer to actors bearing a vested interest and needs of ones organization or affiliation.
In this case, the stakeholders are individuals and groups who have interests and concerns
related to mining. In the words of R. Edward Freeman, a stakeholder is any group or individual
who can affect or is affected by the achievement of a corporations purpose. (cited in
Mindanawon Initiatives for Cultural Dialogue, 2008: 54; [Link] [Link]/ehat-isstakeholder-analysis). Stakeholder analysis entails a process of gathering and analyzing
information to determine their needs and whose interests should be taken into account in
policy/program formulation and implementation. This involves identification and prioritization of
stakeholders interests.
Babou (2008) emphasized that the stakeholder analysis is an important technique to develop a
strategic view of the human and institutional landscape and the existing relationships between
the different stakeholders. Along this end, among the benefits are as follows: the interests of all
stakeholders, who may affect or be affected by the project, potential issues that could disrupt
the project, key people for information distribution during executing phase, and ways to reduce
potential negative impacts and manage negative stakeholders. More importantly, the same
author stresses that the stakeholder analysis offers opportunity to individuals or groups to
express their ideas/issues/concerns, gives a sense of accountability and enhances
responsibility, enables effective risk identification and response planning, and provides excellent
learning opportunity for the stakeholders.
An unpublished study entitled Mining in Mindanao: Analyzing Stakeholders and Identifying
Strategic Engagements of the Mindanawon Initiatives for Cultural Dialogue (2008) based at
Ateneo de Manila University, a leading university in the Philippines, came up with a
classification of stakeholders: core stakeholders comprising the indigenous peoples, smallscale mining, mining company, and state, and critical stakeholders involving groups/institutions
providing facilitative role, technical or security support to core stakeholders, e.g., civil society
organizations, Catholic church, academia, armed groups and others. In this report, the core
stakeholders are defined as those whose means of subsistence (food, herbal medicines
produced for their own consumption), sustainability, and lifeworld are affected (positively or
negatively) by mining operations, who may have pre-existing claims or ownership over the
resources covered in the mining development area. Those who have provided major inputs or
contributions to mining activities such as financial, technical, legal, land, natural resources,
security are included. On the other hand, the critical stakeholders are those who are concerned
about the general community welfare, environment, territorial claims, and other social, cultural,
economic or political interests that are related to mineral development. They are groups or
institutions that provide facilitative role, technical or security support to the core stakeholders
(Ibid).
The above-mentioned study asks the following questions: How do we establish criteria for
exclusiveness and inclusiveness? Are there other voices outside of the above classification? Is
there such a thing as a combination of voices? Who are the agents here? Where can they be
found? The same unpublished study (2008:1) cited Chevalier: all conflicting interests can be
negotiated and the well-being ofeconomies hinges on the active participation of all citizens,
actors whose material benefits ultimately coincide with those of capital. It underscores
continuing change in contexts involving power differentials and conflict of interests as gleaned in
the following quote:
development should not be reduced to economic growth or that the sole
powers of the market solve development problems particularly in Mindanao.
It should be stressed here that the development problems in Mindanao are
political. (Mindanawon Initiatives for Cultural Dialogue, 2008: 6).
14
It is crucial to have a widely shared expansion of our economy where the key players mobilize
the peoples skills and energies, as well as the responsible harnessing of our natural resources.
To borrow the term used by the Mindanao Peace and Development Framework Plan for 20112030 or commonly known as Mindanao 2020 economic and ecological integration is the
carrying capacity of the environment and natural resource base. In this sense, economic and
ecological integration sees economic development and responsible stewardship of the
environment not as incompatible goals, but as mutually reinforcing objectives towards
sustainable development. It is only when both ends are jointly served that the ultimate goals of
development are attained. It recognizes that the natural, financial, social and human capitals are
advanced for inclusive growth where there is synergy of efforts of the various stakeholders.
To capture the above, the analytical framework of this study is hereby presented below:
STATUS REVIEW
Brief
Historical
Background
Related
Studies and
Literature
STAKEHOLDER
INTERVIEWS
(Round Table Discussions
FGD and Key Informant
Interviews)
Mixed Group
(Academia/ Industry/
Selected Government
Agencies)
Government
Agency/Local
government unit
Small-scale miners
Civil Society
Organization/ Church/
Non-government
Organization
IP Communities
Mining Companies
Selected Govt.
Officials
POINTS FOR
CONVERGENCE
SHARED
AGENDA
FOR
MINING
DEVELOPMENT
DIVERGENT
INTERESTS
CONTINUI
NG
CHALLENG
ES IN
MINING
DEVELOPM
15
The possible key to resolving the potential conflicts emanating from these complex dynamics is
the forging of a strong unity towards a collective agenda and agreement to respect their
divergent interests under a common framework that makes resource extraction beneficial to all.
The table below illustrates the various stakeholders, divergent interests or limits, respective
roles and functions and agenda for convergence. The last poses the collective agenda that can
be shared and serve as starting point for collaborative undertakings. This is possible when two
or more stakeholders work as one to a mutually agreed upon goal and equitable returns.
Stakeholders are essential in obtaining community informed consent and engagements in
conflict transformation, policy formulation/implementation and development interventions. The
assumptions related to divergent interests or limits, basic roles and functions and convergent
agenda for each stakeholder are presented in the table below.
Table 2. Position of Core and Critical Stakeholders related to Divergent Interests, Roles/ Functions and Convergent Agenda in
Mining Development
Divergent
Interests/Limits
Convergent Agenda
Core
Stakeholders
Community (IP,
non-IP, etc)
Sustainable extraction of
resources for the benefit of
the communitys interest;
Collective determination
through strong and
independent peoples
organizations
Stewards of their
community interest
as defined in the
Indigenous Peoples
Republic Act (IPRA or
RA 8371),
Mining
Companies
Sustainable Operations
(SUSOP)
Small-Scale
Miners
Sustainable
development
State/LGUs
Sustainable
development
Sustainable
development
Sustainable
development
Critical Stakeholders
Civil Society
Stewards of national and
Organizations
other community interests
(NGOs, Church,
etc)
Academia
Stewards of national and
other community interests
through science and
technology
16
Pre-Colonial Period. Among others, remains of old mine workings have been unearthed in Mt.
Province, Masbate, Bulacan, Camarines Norte, and Mindoro. Chinese records show barter
activities involving copper between the Chinese traders and the natives. It is interesting that the
prevalence of gold in pre-colonial society is etched in culture and ideas. For example, the best
in thought is known as gintong kaisipan and being good is an illustration of gintong kalooban.
The women were noted to have played a role in recovery of gold from ore by crushing gold
pieces on a hard rock and rolled with a heavy stone before it was carried to the stream to
process the gold (Ibid).
Mining activities in Mindanao had its beginnings during the pre-Islamic and Islamic period.
Before the coming of Islam, gold artifacts appeared as early as 900 to 1644 A.D in northeastern
Mindanao and northern Samar. During this period, gold grains were traded with other natives
transforming the metal into jewelry or other ornaments. The Moro, in particular, were famous for
their skill in alloying the gold produced and/or traded from the areas. Evidence showed that the
Islamized groups, particularly the Sultanate of Sulu and Maguindanao and probably the Pat a
Pengampong sa Ranaw, regulated the trade of gold between the natives and the foreigners.
Thus, mining has been done by the natives before the coming of Islam, albeit limited in scope
and scale. These are primarily small-scale hand operations for gold, which was used for trading
purposes with the Chinese and other neighboring countries (Vidal, 2005).
Colonial Period. The Spanish search for colonies was a quest for gold, god and glory. During
the Spanish colonial period, the first mining law creating the Inspection General de Minas
under the Governor-Generals was aimed at administering all the mining activities in the country
under the Royal Decree of 1837 ([Link]). The Regalian Doctrine conferred right to the
Spaniards to develop mines on private concessions. While this doctrine was believed to be a
myth, it served as basis for the enactment of various laws in the Philippines. Provisions on state
ownership of natural resources, and its right to develop and utilize the same were provided
under the 1935, 1973, and the 1987 Philippine Constitutions ([Link]/fr /).
Attempts were made by the Spanish colonial forces to exploit the mineral potentials of
Mindanao. Iron mines were put up in Misamis and Surigao. Iron, the second most essential
mineral, was used in producing tools and war materials.
The Mining Law of May 1867 provides that all minerals are exempted from the three percent
production tax for 30 years. It also states the non-imposition of other taxes and assessment of
levies on the mining industry. Towards the end of Spanish era, gold mining activities were done
by the enterprises organized by the Spaniards, Chinese mestizos, and Filipinos. Mindanao,
particularly Butuan and Surigao, were the first gold-areas.
Under the Treaty of Paris, the United States took over the country in 1898 and carried out a
more organized approach to mining exploration and development. The Americans employed
geological survey to assure the existence of minerals. A number of laws were passed such as
Act 468 that allowed the government to set aside land for its own mining purposes. This law was
used as basis by the postcolonial government to reserve mineral lands for the Philippine
governments own exploration. After the passage of the Philippine Bill of 1902 which defined the
mineral claims that paved the way for establishing large-scale American mining companies and
expansion, the Mining Law of 1905 led to the transfer of public lands from indigenous
communities to private individuals and corporations for ownership and exploitation (Tujan and
Guzman, 2002).
During the gold boom in the 1930s, mining took center stage along with logging and export
crops like copra, sugar, and abaca. In 1936, Commonwealth Act No. 137 gave right to the
government to reserve mineral lands for its purpose. Mining companies proliferated with
increasing demand for gold, iron, chrome ore, silver exports and copper concentrates as war
materials. In 1914, Surigao and other parts of the Caraga region were declared iron reserves
17
for future mining ([Link]/). Thereafter, all mineral lands in Surigao provinces
were set aside for exploration and development. Until the present, these areas serve as the
mineral land reservation in Northeastern Mindanao. Northeast Davao was also declared a gold
mining area.
The US colonial government steered the development of the countrys mining industry and
expanded its control through mine leases, mine safety, mineral reservations, and additional
taxes. This led to the establishment of major Philippine mining companies such as the Lepanto
Consolidated and Benquet Consolidated Mine Ltd., the first and oldest mining in the Philippines
([Link]/). Thereafter, more gold mines were established in Benguet province.
During the Philippine Commonwealth era, President Manuel Quezon called Mindanao the land
of promise to attract Christian settlers to come. The promulgation of the 1935 Constitution
declares all natural resources belonging to the state and their utilization limited only to
Philippine citizens or to corporations which were 60 percent Filipino-owned. Based on this, a
Mining Act was enacted on November 7, 1937 with the same provisions. Public lands were
opened to exploration and occupation. During the gold boom years within this period,
governments control included its intervention in mine leases, mine safety, mineral reservations,
and additional taxes on mining operations. No major gold-producing companies were
established after 1935. This period marked the development and growth of the biggest
commercial gold mines in Benguet Province as stated above (Caballero, 1996 cited in Vidal,
2005).
To quote the unpublished study of the Mindanawon Initiatives for Cultural Dialogue (2008:20),
citing Casino 2005:65, Junker 2000 and Warren 1997, Mindanaos political economy shifted
during the American period:
from a people resource- in the form of captives and slaves as basis of power
and wealth, it shifted to productive land resources in a modern agricultural
economy as the new avenue to individual and communal prosperity
Postcolonial Era. This period was characterized by the decline and revival of the countrys
mining industry. There was reported rehabilitation two decades after World War II. Following
Philippine independence from the US in 1946, new explorations of gold were carried out, albeit
limited due to the low price of gold. Exploration initiatives were also affected by the change of
management thrust of the mining companies. Filipinos who came largely from Filipino-Chinese
families owned 95 percent of the countrys wealth production (Vidal, 2005 citing Maund, 2004).
Despite lessening involvement of US experts in managing mining explorations, US citizens and
corporations retained significant ownership of mining companies. Their continued ownership
and control of the countrys mining industry stemmed from the enforcement of the Bell Trade Act
of 1946 and the Laurel Langley Agreement forged by our government with the US (Vidal, 2005).
Note that the Bell Trade Act which expired in 1974 allowed 100% US participation in economic
sectors.
In the 1950s, there was a decline of mineral production. Limited gold production along with
increasing production costs, high taxes, and low world prices resulted in a gold crisis. In 1954,
Republic Act No. 406 stipulating government assistance on gold was promulgated to assist
gold producers and the gold mining industry to survive during the critical years (An unpublished
study of the Mindanawon Initiatives for Cultural Dialogue, 2008: 22 citing the Philippine
Yearbook 1981:329).
During the Japanese occupation, mining industry was reportedly badly affected due to nearly
complete demolition of mining plants ([Link] Mining activities were
limited only to exploration. However, large-scale mining reached its peak during 1960s-1970s.
During the Marcos regime (1966-1986), the fourth mining law was enacted, the Presidential
Decree 463 known as the Mineral Development Act of 1974. This provided for an efficient
18
administration and disposition of mineral lands and promotion of their development and
exploitation. Under the law, the mining industries were exempted from paying taxes on
machineries, equipment, tools for production, plants to convert mineral ores into saleable form,
spare parts, supplies, materials, accessories, explosives, chemicals and transportation and
communication facilities, as well as exempt from the payment of customs duties (P.D.
463,Chapter X Section 53). Penalties were also imposed for pollution from mine waste and mill
tailings with a fine of Php5, 000.00 or imprisonment for six (6) years or both as the case maybe.
([Link] This law considered any
action/opposition to mining operation as economic sabotage.
From the 1960s to 1970s, onset of the first world oil crises, there was a boost in copper
production. Major US mining companies such as Anaconda and Placer Dome discovered 55
porphyry copper-gold system deposits throughout the country. This includes the Marcopper
mines in Boac, Dizon mine in Zambales and Atlas Consolidated Mine in Toledo, Cebu Island
(Maund, 2004 cited in Vidal, 2005). The copper upsurge was also an offshoot of increasing
demand by Japan and Western Europe for its post-war reconstruction and rapid economic
growth. However, production of other base metal mines remained slow (Tujan and Guzman,
2002).
When Martial Law was declared in 1972, the mining industry was again disturbed, but four of
the mining companies continued: Atlas and Marcopper in copper production and Benguet
Consolidated and Benguet Exploration in gold production. These four corporations maintained
control of 60% of the mining industry (Ibid.). The decade 1980-1990-towards the end of martial
law (1982) and the fall of Marcos (1986), was called the Dark Period of mining industry. The
shutdown of 14 big and medium-sized metal mines and the low price of principal metal products
severely affected the export-oriented big mining industry ([Link]). While large-scale
mining was failing, the existence of small-scale mining production in Diwalwal, Davao del Norte
led to the legislation of PD 1899 entitled Establishing Small-Scale Mining as a New Dimension
in Mineral Development in 1984,tthe first law legalizing small-scale mining (An unpublished
study of the Mindanawon Initiatives for Cultural Dialogue, 2008:27 citing Bugnosen, 2001).
The rise of development enclaves also characterized the Marcos era. As cited by the
Mindanawon Initiatives for Cultural Dialogue unpublished study (2008), uneven development
continued with the Muslim provinces deteriorating while the Christian provinces advancing due
to preference of investors in more peaceful provinces such as Bukidnon, Southern Cotabato
and Davao del Norte. But even in the Christian provinces, there were also export-oriented
agriculture that drained local resources. This contributed to the social unrest in Mindanao with
the shattering effects of underdevelopment.
Under the Cory Aquino government (1986-1992), the so-called democratic space prompted
the return of international gold exploration companies in Mindanao. Executive Order 226
otherwise known as the Omnibus Investment Code of 1987 entitled mining projects to additional
tax and fiscal incentives (tax holiday for four years for non-pioneer and six years for pioneer
projects) and mining was included in the Investment Priorities Plan, This liberalized the entry of
foreign investments and foreign products (Tujan and Guzman, 2002). Between 1987 and 1994,
many prospects were discovered to include the world class 1 epithermal vein gold deposit of
Diwalwal where 250,000 to 400,000 ounces per annum produced up to the present by some
40,000 to 50,000 encamped local miners (Maund, 2004 cited in Vidal, 2005). While the Local
Government Code gave autonomy to LGUs and IPs rights duly recognized, Mindanaos growth
and development lagged behind in terms of addressing poverty, massive unemployment, and
low per capital gross regional development growth. This is attributed to the policy bias against
countryside development, rising labor costs, power outages, and the series of natural disasters
such as droughts and floods that rocked the country (Ibid, 2008:29).
19
Republic Act No. 7076 known as the Peoples Small-Scale Mining Act of 1991 was passed to
promote, develop, protect and rationalize viable small-scale mining activities purposely to
generate more employment opportunities and provide an equitable sharing of the nations
wealth and natural resources. This law defines the small-scale miners as Filipino citizens
who, individually or in the company of other Filipino citizens, voluntarily form a cooperative duly
licensed by the Department of Environment and Natural Resources (DENR) to engage, under
the terms and conditions of a contract, in the extraction or removal of minerals or ore-bearing
materials from the ground. As embodied in this law, the mining contract involves the coproduction, joint venture or mineral production sharing agreement between the State and a
small-scale mining contractor involves the small-scale utilization of a mineral land. This covers
no more than 20 hectares and renewable every two years, Tujan and Guzman (2002) opine that
RA 7076 led to the displacement of the indigenous peoples and small-scale miners to be taken
over by large-scale mining corporations.
During the Ramos administration (1992-1998), the doors to foreign investors for all industries
were opened with deregulation, liberalization, and privatization of almost all government-owned
corporations taking place. The country targeted to become a Newly Industrialized Country (NIC)
by 2000. In 1994, the Philippine Congress issued Republic Act 7729, otherwise known as the
Excise Tax Act reducing the excise tax rates on metallic and non-metallic minerals. In March
1995, Republic Act 7942, known as the Philippine Mining Act of 1995 followed which allows up
to 100% ownership by foreign companies, and has 50 years of maximum period within which to
operate mining, and occupy an area of 81,000 hectares of potentially mineral-rich lands where
the companies enjoy timber rights, water rights, and easement rights. With the approval of the
1995 Mining Act, there has been a rush of foreign investment for large-scale mining exploration
and development, particularly in Mindanao. Even before the passage of this Act, then President
Ramos already granted FTAAs to two foreign gold and copper mining companies: Australiabased Western Mining Corporation (WFC) and Climax Arimco Corporation (Ibon Databank and
Research Center, 2006). New players came in to mine Mindanao which included, among others,
the TVI Pacific and Red Limited of Australia in Siocon, Zamboanga del Norte, and Surigao del
Norte, respectively. In 1996, twenty of the worlds largest mining companies established offices
in the country, and filed applications for various mining tenements leading to the approval of
several exploration projects (excerpts from Cabalda, Banaag, and Garces: 2002, Domingo:2003
from [Link]/).
Moreover, during the stint of Ramos, the Republic Act 8371 otherwise known as the Indigenous
Peoples Republic Act or IPRA was passed in 1997. This carries repercussions to the mining
industry since many of the mineral resources are located in the upland which is the domicile of
the IPs. Respecting culture integrity, this requires a process known as the free prior informed
consent (FPIC) that should be obtained through a tedious process with the assistance of the
National Commission of Indigenous Peoples (NCIP). This is the body that releases the
certificate of precondition to enable any mining company applicant to enter the area at the start
of exploratory stage.
It is important to note that the mining industry suffered a decline from 1991 to 1996 as a result of
economic, ecological, and natural disasters. These were consequences of the Baguio
earthquake in 1990, Mount Pinatubo eruption in 1991, the 1996 mine tailing catastrophe at
Marcopper large open-pit porphyry copper operation at Boac, Marinduque island, and the
environmental disaster at the Maricalum Mining Corporations Sipalay porphyry copper
molybdenum mine in Negros Occidental. Despite this, coupled with the downturn of metal prices
of gold in July 2000, Lepanto Consolidated Mining Ltd. and WMC continued with their mining
explorations (Maund, 2004 cited in Vidal, 2005). In the case of the Marcopper disaster in 1996,
it was reported that 823 hectares of productive riceland and other farmlands and about 6,100
kilos of fish were badly affected when the company accidentally unleashed tons of toxic wastes
from its mine tailings. This made the Makulapnit and Boac rivers biologically dead and would
take years to recover affecting 20,000 people in 42 villages. The earthquake must have
20
contributed to the fracture of its concrete plug that toxic wastes escaped from the company pit to
the rivers.
The Estrada administration (1998-2000) was characterized by two national development plans,
namely: the Medium Term Development Plan (MTDP) and the National Peace and
Development Plan (NPDP). Among others, the former was aimed at reduction of poverty and
improvement in income distribution. The private sector was tasked to generate productive
employment opportunities and become competitive in the global market. On the other hand, the
latter was tasked to interweave the sociocultural, economic and political programs of the
government. Mindanao 2000 targeted global competitiveness, internal and external integration,
sustainable development and people-centered development. The strategies of export-oriented
Mindanao economy, agricultural development and agri-industrialization, environmental
management, and social development were to be integrated. This gave rise to seven (7) area
development zones (ADZs) and positioned Mindanao as the gateway to BIMP-EAGA (Brunei,
Indonesia, Malaysia, and Philippine East Asean Growth Area).
During the Arroyo dispensation (2001-2011), MTPDP (2004-2010) was drawn and the goals
were focused on poverty reduction, macroeconomic stability, sustained growth of income and
employment based on free enterprise and markets alongside with peace and development.
Mining was propelled to be the driver for economic development. Part of the MTPDP was to
promote responsible mining that adheres to the principles of sustainable development,
economic growth, environmental protection and social equity (Unpublished study of the
Mindanawon Initiatives for Cultural Dialogue, 2008: 35). Among others, the plan to revitalize the
mining industry included the following: revive the mining industry, resolve the issues of mining
accidents in abandoned and idle mine areas, conduct assessment of 7 abandoned mines,
address the Marcopper mine tailing spill, construct the Mabatas tailings dam (30 hectares),
develop incentive schemes to attract international and local investors in Mt. Diwalwal, and
mobilize international and local investors to develop the underground wealth of gold.
One interesting bill filed during the 15th Congress on March 2, 2011 was authored by
Representative. Teddy A. Casino known as the Peoples Mining Bill. This House Bill 4315
entitled An Act Re-Orienting the Philippine Mining Industry, Ensuring the Highest Industry
Development Standards seeks to reorient the current policy on the ownership, management
and governance of metallic and non-metallic minerals, quarry resources, and gemstones
towards a rational manner for national industrialization and local development. It covers onshore
and offshore, large-scale and small-scale mining operations and their conservation, exploration,
development, utilization, processing and transportation. Mineral resources are defined in the bill
as all naturally-occurring inorganic substances in solid, gas, liquid, or any intermediate state. It
envisions a mineral development bearing the features of being economically-viable,
ecologically-sound and democratized. Mining industry development shall be based on a
National Industrialization Program (NIP) and Mining Plan (MP), reoriented away from market
forces and external investments and supporting a strategically and domestically-planned
economy.
The current Benigno Aquino III dispensation is teemed with controversies with the ban on
mining and logging and cease and desist orders and promulgations. Anti-mining movements are
on the rise while alliances continue to advocate responsible mining as a catalyst to achieve
economic stability.
Arising from a host of issues surrounding mining, the Aquino Administration in February 2011
imposed a moratorium on all new mining contracts so that a process of review of existing laws
may take place without having new contracts signed that may create legal ambiguities. The
review of existing laws was tasked to the Climate Change Adaptation and Mitigation Cluster
(CCAM) and the Economic Development Cabinet Cluster (EDC) which, in turn, conducted an
21
extensive process with various stakeholders to gather feedback about desired changes so as to
address identified flaws of the 1995 Mining Act (Hicks, Acosta, et al., 2014).
A new council known as the Mining Industry Coordinating Council (MICC) was established to
supervise implementation of the new Mining EO, improvements to the information resources
available regarding mining, and the harmonization of existing laws/policies, and procedures.
This interagency advisory board is co-chaired by the CCAM Chair and the EDC Chair, with the
support of the Secretary of the Department of Justice, the Chairperson of the National
Commission on Indigenous Peoples, and the President of the Union of Local Authorities of the
Philippines. The transparency measures included in the Mining EO are two-fold (Ibid):
1. Direct the various agencies and government units involved in aspects of mining to
create a central interagency information and processing center for all
applications, processes, and other information related to mining and minerals.
This is to streamline the permitting and application process and to facilitate the
process more easy to monitor by all governmental entities concerned;
2. Direct the creation of a central database of all mining, minerals, permits, and other
documents related to mining which includes mining and minerals-related maps.
The second transparency measure, harmonization with existing law, involves the review of
existing national and provincial law to reconcile all conflicts between the two. Under the Mining
EO, LGUs may impose reasonable limitations on mining activities in their territories if those
limitations are consistent with national laws. Harmonizing existing laws based on this provision
requires review of the many LGU ordinances to ban or limit mining activities. The process is
likely to be highly political due to the number and position of the citizens groups involved. What
constitutes a reasonable limitation is said to be debatable. The dispute between the national
government and LGUs concerning local autonomy and primacy over land within a particular
provinces territory will be a continuing issue until it is finally resolved by the Philippine Supreme
Court. The business mechanisms set forth in the Mining EO are the development of mineral
reservations, the institution of a public bidding process, and the development of downstream
industries related to mining. The Mining EO provides for the establishment of mineral
reservations with an eye toward sustainable growth in the mining sector. Under this program,
areas rich in mineral potential will be set aside for future development, so that the industry will
continue to grow in a sustainable way. This ensures the availability of resources to maintain
existing investors and to attract new ones.
Executive Order No 79 (EO 79) was signed on 9 July 2012 to improve the alignment of the
Philippines national and regional interests with those of the mining industry through the
updating of key policies, including but not limited to the following:
Improve transparency of the mining industry, the fiscal return to the government
from all future projects, primarily through increased royalty payments, as well as
the return and timing of financial benefits to local governments;
Tighten controls on illegal mining such as banning the use of mercury and restrict
legitimate small scale mining activities to gold, silver and chromite;
Ensure that mining is not allowed on designated key tourist areas and prime
agriculture lands; and
Enforce strict environmental controls.
The Mining EOs new downstream development mandate underscores that the need for the
country to invest in resources to develop industries downstream from mining, such as the further
extraction of minerals from mine waste rock and tailings, and to develop building materials from
wastes. This is envisioned to provide economic benefits such as creating jobs for local
communities and eventually cause diminution of environmental destruction. This is considered a
22
23
governments, and too much government regulations interfering with the market. Thus, economic
liberalization, privatization of public assets, and government deregulation of basic sectors are
prescribed remedies. From a progressive perspective, the state of the Philippine mining industry
can be gleaned in the following quote:
The Philippine mining industry, like the other industries of the Philippine
economy, is basically a combination of a minority of small-scale preindustrial enterprises dominated by a few large-scale corporate operations in the hands of few local compradors and their foreign cohorts. It
is exported yet import-dependent, condemning the country to backwardness
and plunder by foreign corporations and comprador-landlords, and feeding
the requirements of global economy (Tujan and Guzman, 2002:61).
24
The Roman Catholic Church in Mindanao was also opposed to the governments thrust of
attracting foreign investments and mining corporations on the following grounds: displacement
of the indigenous communities, militarization of areas where mining projects are located,
pervasive corruption impeding implementation of responsible mining in the Philippines, source
of materialism in society and degradation of the environment which, in turn, becomes livelihood
and power issues in the society (Holden & Jacobson, 2007).
Socioeconomic
In 2009, the Mindanawon Initiatives for Cultural Dialogue conducted case studies in the
following mining companies/areas: South Cotabato, Sultan Kudarat, Davao del Sur: copperGold Project of SMI-Xstrata, Siocon, Zamboanga del Norte: Polymetallic Project of TVI
Resource Development, Bayug, Zamboanga del Sur: TVIs exploration project, Claver, Surigao
del Norte: Nickel Project of Taganito Mining Corporation and Diwalwal, Monkayo, Compostela
Valley: Small-Scale Mining Operations. The residents claimed that the presence of the mining
companies triggered social disharmony in their areas due to differing notions of development
and scales of development. These also threaten the livelihood and life world of communities in
subsistence mode of production. The study intensively discussed and problematized mining.
Balanay, Raquel M., et al. (2014) on her study on Analyzing the Socioeconomic Impact of
Mining with Propensity Score Matching (PSM): Insights for Responsible Mining in Caraga
Region, Philippines, found out that the presence of mining operations brought about increased
borrowing, increase in investment for human capital buildup, as implied by the increase in food
and education expenditures and also increase in in-migration and the improvement of
accessibility through the provision of paved roads.
In Didipio, Nueva Vizcaya, issues on no proper compensation for the land use and bribery of
barangay officials for a favorable approval of mining operations (Climax Arimco Mining
Corporation) in the locality surfaced. To resolve the matter, the local Regional Development
Council (RDC) of Cagayan Valley issued a Resolution # 02-34-2000 rejecting the proposal of
CAMC to operate the Didipio Gold/Copper. TheLegal Right Center also responded by
conducting training, researches, and legal actions. Moreover, in October 11, 2011, DENR Sec
Heherson Alvarez issued a Notice of Suspension of Exploration Activities to CAMC on the
following grounds: 1) that the project has allegedly not secured Social Acceptability; 2) That the
Project is located inside the Addalam River Watershed. 30 members of Association of Barangay
Captains of Kasibu, Nueva Vizcaya, representing all 30 barangays of the municipality, also
signed a joint resolution Requesting the Sangguniang Bayan Members Not to Endorse the
Didipio Gold/Copper Mining Project of CAMC and to spare the entire municipality from any
mining application. The entire Kasibu Municipal Council issued Resolution 156 series 2002
denying the Request of the Sangguniang Barangay of Didipio, Nueva Vizcaya for the
Endorsement of the proposed Didipio Gold/Copper Project of Climax Arimco Mining
Corporation.
There is also a continued local resistance by the Subanen and non-Subanen residents as well
as neighboring municipalities in opposing the mining activities at Canatuan, Siocon. In fact, the
municipal government of Siocon and Barangay Tabayo in the past continued to oppose the
mining operation of the company while the provincial government was then fully supporting the
TVI Resources mining project (Vidal, 2005).
The Independent Mining Consultants in 2012 prepared a technical report in pursuant to National
Instrument 43-101 of The Canadian Securities Administrators for Ratel Gold Limited and
Russell Mining & Minerals, Inc. Possible socioeconomic implications were foreseen in
Mindanao. For instance, subsistence farming in the mine facility areas would be eliminated.
25
Temporary disruptions would occur in the normal community life during the construction phase
due to influx of construction tradesmen. The King-King operations plan could potentially entail
usage of a large amount of water and water consumption and rights could become a significant
permitting issue. In response, it was recommended that the company will conduct preliminary
mitigation measures through progressive rehabilitation/restoration of areas directed towards
meeting stakeholder, legislative, and corporate requirements.
Environment
Literature has also documented the detrimental effects of mining activity to the environment.
The technical report of the Independent Mining Consultants, Inc. (2006) presented potential
effects of the mining industry to water resources. First, a potential hydrology and water quality
impact, specifically generation of acid mine drainage, siltation of surface waters and changes in
hydrology. It will have potential ecological impacts such that large acreages of land would be
affected by the mine operation, particularly by the open pit, non-ore material and low grade ore
management facilities and tailing management facility.
Upstream inhabitants of Barangays Tumpagon, Tuburan and Pagatpat in Cagayan de Oro City
could no longer wash clothes in the river due to muddy water. It is said that though government
issued permits to small- scale mining operators, there is no government monitoring and
supervision over the mining and quarrying activities in the area. (Sealza, 2013).
In Rapu-Rapu, Albay, large fish kills occurred. Fish and water were contaminated with mercury
and cyanide due to a tailing spill from LFT mining. This affected the fisher folks as sales of fish
plummeted after residents stopped buying marine products. Because of this, local officials,
fisher folks, NGOs, and church workers staged a fluvial rally to oppose the Lafayette
Philippines, Inc. (LPI) operation. In addition, DENR Secretary Michael Defensor signed a Cease
& Desist Order against LPI and levied a fine of approximately US$200,000. President Arroyo
assigned the University of the Philippines to do an independent study and formed an
independent commission headed by Bishop Bastes to assess the overall situation with regard to
the resumption of LPIs mining operation. Despite UP dispelling the fear of remaining mercury
and cyanide in fish and water, the commission held for the permanent closure of the mining
(Stark, 2006).
The overflow of Philexs silt dam due to heavy rain caused pollution of the Murcielagos Bay. The
affected fishing dependent communities in Lipay, Zamboanga del Norte complained to the
government and called upon the DENR to stop the Philex mining operation. The DENR ordered
Philex to create a monitoring team as part of its Environment Compliance due to mercury and
cyanide pollution, DENR suspended the mining operation of Philex (Goodland Wicks, 2008)
In the undergraduate thesis conducted by Espenido (2013), it was found out that the presence
of Taganito Mining Corporation has not radically altered the agricultural production of the
farmers in the area since the mining site was located far from the farmlands, albeit fishing
activity was affected. During heavy rains and storms, laterite soil creates landslides that cause
devastation to farmlands and the coastal areas become muddy due to pollution that the mining
companies produce. Some coastal rice fields and coco land areas also were converted into
mine tailing ponds.
In Tubay, Agusan del Norte, fishes that were used to be seen near the shore are now farther
away from the shore because of disturbances done by the ships present, and because of the
slit. This further resulted to an increase in gasoline use since fisherfolks have to travel farther.
The mining company also threw their wastes, especially their motor oil into the sea that affected
the fishes. Thus, lesser catch resulted to lesser income (Gomez, [Link]. 2012).
26
Health
Tboli miners of a small-scale mining in South Cotabato suffered from health issues due to poor
working condition while most women suffer respiratory diseases and back pain in Benguetsmall-scale mining. The local government enacted local ordinances to rehabilitate the areas
damaged by mining activities, Ordinance No. 4, Series 2010, E.O No. 12, Res No. 144, series of
2003 while the Provincial Mining Regulatory Board (PMRB) enforces the total ban of all
hydraulic mining, panning and amalgamation operations (AFRIM, 2012).
Juvita (1982) cited by Mc Andrew (1999), found out that tuberculosis and other lung diseases
are the common illnesses of miners in the Atlas Consolidated Mining in Toledo, Cebu. There are
also rare cases of gas poisoning and eye effects as the Atlas workers undergo a physical
examination hospital each year.
Governance
Residents of Compostella Valley claimed that there was no serious monitoring done by the
Local Government Unit and National Government regarding the mercury pollution. (Israel
&Asirot, 2002)
A No-Go-Zone policy for the extraction of mineral and other natural resources in the Philippines
has long been put forward by different development sectors with the hope of rationalizing the
use of the last remaining natural resources of the nations patrimony, and finding the link
between development and the exhaustion (or non-exhaustion) of the nations resources. There
are 4 major areas to consider in deciding whether an area may be considered a No-Go Zone or
a Go-Zone. These include 1) Fragile and Non- Fragile Ecosystems: Irreversibility of the effects
on fragile ecosystems some conservation units such as national parks, biosphere reserves and
world heritage sites; 2) Food Security: Increasing the threat to life through depletion of water
and food resources in areas of marginable resources; 3) Disaster Risk: Increasing the
magnitude and exposure of poor communities to disaster risk; and 4) Intensified Conflict:
Increasing the exposure of communities and employees to the risks of armed conflicts and
increase the number unresolved rights abuse that worsens the situation of impunity (Alyansa
Tigil Mina, 2012).
The Indigenous Peoples (IPs)
Due to the entry of logging and mining companies in the locality, the Mamanua suffered severe
poverty and deprivation in their ancestral domain. In Sitio Punta Naga, Cagdianao, Claver,
Surigao del Norte, the Mamanua were affected after their resettlement in the areas of economy,
politics, religion, language and education and health aspect. They could no longer hunt due to
the noise and disturbances created by the mining companies which made the wild animals
moved from their area. Due to the mining activities, the soil became infertile and the Mamanua
could no longer plant in the barren areas. In terms of the moisture soil, it was now parched due
to the plants that were pulled out because of the mining activities. The quality of the air was also
affected with the air becoming warm and dusty. As part of their Corporate Social Responsibility,
the mining company provided concrete houses for the resettled Mamanua. Basic facilities such
as school building, church building, and health center were built. Extended basic services were
also facilitated such as water source, electricity & power source, educational opportunities
(Dantes, et al., 2013)
Since 1989, the Subanon of Mt. Canatuan has been protesting against mining on the mountain.
However, despite the inalienable rights of the Subanon who have tilled and lived on the land for
centuries, the Philippine government has continually chosen to side with Toronto Ventures Inc,
27
Resource Development. The mining operation of TVIRD evicted more than 300 families,
threatened farmlands and water resources of Siocon and desecrated Mt. Canatuan, the
Subanons sacred mountain. It is noteworthy that it is not only the Subanon people and the
environment that were affected by the mining operation, but also people in the downstream
communities. Since the start of the mining operations, there was a slow death of rivers and sea
in the area. (Akiatan, 2008).
Aside from the environmental impacts, there are also social and cultural issues involving
indigenous peoples. These issues tend to fall into the following interlinked areas: economic,
women and mining, internal conflict, cultural and spiritual impacts, and human rights violations
(Anongos, [Link]. 2012).
Displacement and violence against indigenous communities due to mining operations and
expansion affected the Banwaon Evacuees of Balit, San Luis, Agusan del Sur. There were 14
who experienced forcible evacuation, 2 victims of extrajudicial killing, 3 died in the evacuation
center, 13 cases of violations of childrens rights, 31 were threatened, harassed and intimidated,
1 restricted with the freedom of movement, 1 gun touting, 3 evacuees whose properties were
destroyed, 1 violation of domicile, 12 use of public facilities for military purpose, 2 civilians were
used as guides or shields and 1 fake surrender. Led by the nuns of the Rural Missionaries of the
Philippines, a contingent of two hundred supporters braved the long travel from various points of
the country - Davao, Iligan, Cagayan de Oro and even as far as Manila, to converge in Balit last
March 8-10, 2015 in order to unite with more than a thousand Banwaons displaced from the
intensifying militarization of their communities. The International Solidarity Mission confirmed
and documented the rights violations and undertook psycho-social interventions and established
a health clinic during the two-day affair. After months of encamping in their evacuation center
where scores have died and got sick, the Banwaon Bakwits of Balit, San Luis, Agusan del Sur
was able to return home last March 18, 2015 as military officials promised to pull out from
civilian facilities and cease camping near populated areas. ([Link]
Recommendations focused on Mining:
Political/Governance
1. Demonstrate that it adheres to its own laws and international mining best practices and
standards by immediately canceling all current mining applications that causes major
environmental damage to critical watersheds, eco-systems, agriculture or fisheries and
result in social disruption. Evidence of serious inadequacies in consultation and consent
processes abound.
2. Ensure regulation and redress
3. Establish an independent mining review body involving civil society and affected
communities, with the power to recommend cancellation of mining licenses.
4. Provide independent technical and legal advice and support to communities and IPs
throughout the mining application phase in both the Free Prior Informed Consent and ESIA
processes and when licenses are granted.
5. Upgrade and restructure the DENR to focus exclusively on the protection and development
of the environment and renewable natural resources.
6. Strengthen legal frameworks for sustainable development by empowering government and
departments, covering health agriculture and tourism, to enforce standards and take
appropriate action where mining projects threaten national strategy for sustainable
development.
7. Establish an inter-departmental coordinating committee to approve all extractive industry
projects. To ensure transparency and accountability civil society participation at committee
level would be required.
28
8. Empower local communities and civil society to explore and pursue all avenues available
within the law, at local national and international levels, to register their concerns and
aspirations & seek redress for wrongs caused by mining operations.
9. Sign up to the Extractive Industry Transparency Initiative (EITI) and publish details of all
payments, taxes and royalties made by mining companies. Implement EITI in accordance
with the EITI criteria, ensuring participation by self-selected representatives of civil society at
each stage of the process.
International Governance
1. Government should establish binding frameworks to regulate mining, and ensure access to
courts and other effective mechanisms of redress w/in the home countries of transnational
mining companies and the financial institutions that support them.
2. World Bank should assist with the countrys sustainable development by providing technical
and financial support for the protection and development of renewable resources,
sustainable activities and poverty reduction programs and support Strategy Environmental
Appraisals (SEAs) of the key islands and regions affected by mining.
Human Rights Issues
1. Address human rights violations.
2. Implement laws to protect communities that necessitate independent monitoring of the
processes of determining FPIC & community consent.
3. Ratification of international treaties.
Environmental concern & sustainable development
1. Protect biodiversity and apply the Precautionary Principle to any mining or other high impact
development to ensure that they only proceed where there will not be significant negative
impact on the lives of the pre-existing population, the environment or the ability of future
generations to meet their needs.
2. DENR should conduct regional Strategic Environmental Appraisals (SEAs) with independent
technical support & effective participation of civil society.
Economic/Financing
1. Mining companies and the investor community are urged to exercise extreme caution in
funding any mining operations in the Philippines until effective structures, laws & controls
are in place to protect the environment and human rights.
2. Financial institutions are encouraged to adopt and adhere to the Equator Principles, and
governments in the EU and other major investor countries to ensure that public money is not
invested in ways which support irresponsible or damaging mining projects.
3. Adequate bonds commensurate with the potential impact of mining should be required to
fully cover potential damage and end-of-life environmental and social costs.
29
empowered community, equitable sharing of responsibilities and improved returns, clean and
healthy environment, responsible and functional legal and institutional framework for mining,
and collaborative research and education among stakeholders.
The specific ideas to define the key concepts generated from the participants are presented
below. These partly clarify the meaning of the term:
Transgenerational and Empowered Community
A community that benefits from collaboration of all stakeholders
Empowered and developed affected communities
Empowered/ enlightened stakeholders
Transgenerational sustainable mining communities
Protection, respect for cultural heritage
Equitable Sharing of Responsibilities and Improved Returns
Improved economic returns
A community that has equitable sharing of resources
Transgenerational sustainable mining communities
Developed value adding activities/ downstream industries
Clean and Healthy Environment
Transgenerational sustainable mining communities
Healthy and responsible community
Clean air, water and soil
Responsible and Functional Legal and Institutional Framework for Mining
Revision of Mining Act
Credible and functional institutions
Collaborative Research and Education among Stakeholders
Research collaboration of academia, LGU, and industry
Research and education collaboration among stakeholders
Progressive collaborative research
Collaborative monitoring and evaluation team
When asked, what should be done to achieve the practical vision, the identified strategies
include the institutionalization of mineral education, reforming the policies through research,
intensifying information education campaign, developing comprehensive and progressive
capacity building program, and strengthening multi-sectoral participation. This necessitates a
structure and system to effectively carry out these strategies.
Table 3. Suggested mechanisms/strategies to achieve the shared practical vision, April 3-5, 2014, Shangrila, Hotel, Manila
Reforming the
Policies Through
Research (2a)
Intensifying
Information
Education
Campaign (2b)
Establish an institute
specifically for
mineral industry
research
Conduct massive
Social
info drive to the
Capacity
affected communities enhancement and
as to the benefits of
training for
mining
stakeholders
Consortium of
stakeholders for
research monitoring
conduct an
inventory of
complete research
Environment Cluster
Priorities: Innovative
and Practical
Initiatives
30
Developing
Comprehensive
and Progressive
Capacity Building
Program (3a)
Environment Cluster
Priorities: Innovative
and Practical
Initiatives
Reforming the
Policies Through
Research (2a)
literatures
Environment Cluster
Priorities: Innovative
and Practical
Initiatives
Create accrediting
body for mining
industries
Mobilizing adequate
resources for
mineral research
Lobby for adequate
budget for research
on mineral industry
Intensifying
Information
Education
Campaign (2b)
Intensify the
advocacy on
responsible
mineral
management:
mine
rehabilitation
criteria
Social
1. Research and
development
agenda
- Baseline and
profiling
- IP women,
children, IPs
welfare
- Social Impact
Assessment
- Conflict
transformation
- Monitoring and
Evaluation
Developing
Comprehensive
and Progressive
Capacity Building
Program (3a)
Enhance capacity
building efforts in
all levels of
stakeholders
(undergrad, grad,
short trainings)
Developing a
comprehensive and
progressive capacity
building program
IEC on responsible
mining
Conservation of
Indigenous
Knowledge System
and Practices (IKSP)
Environment Cluster
Priorities: Innovative
and Practical Initiatives
Increased
community
engagement with
the academia and
the industry
Environment Cluster
Priorities: Innovative
and Practical
Initiatives
Establish
collaborative
research and
extension activities
(academia, industry,
stakeholders)
The focus group discussion was divided into 3 clusters, namely: political/governance and
economic sector, social sector, and environment cluster. The first question posed for the 3
groups involves the current reality assessment focus question: What are the specific problems /
gaps/issues and concerns related to the existing practices in the management of mineral
resources? This is followed by the formulation of the problem tree analysis to determine the
root causes of the issues. The last focus question involves the suggested strategies and
initiatives to address the identified issues and concerns with this focus question: What
innovative and practical initiatives need to be undertaken in order to address the contradictions
and realize the visions of sustainable mining communities? The following are the results of the
sessions.
Cluster 1: Political/Governance and Economic Sector
31
The responses of this cluster to current reality assessment focus question on the specific
problems/ gaps/ issues and concerns relating to the existing practices in the extraction of
mineral resources are as follows:
1. Weak Revenue Incentive and Regulatory System
Inequitable minimum return and proceeds to the government
No adequate and comprehensive guidelines and standards on closure rehabilitation plan
Absence of performance evaluation standards
No comprehensive valuation of the total coast of a mining activity
2. Weak capability-building program for the community
No trainings available for the communities
Lack of government, PO, NGOs participation in providing exposure to trainings/capacity
building
Trainings are not responsive to the available skills/needs in the community
3. Weak Check and balance system
Malpractices of some large-scale mining companies
Malpractices of most small-scale mining.
Absence /limited participation of truly independent multi-sectoral body
Perceived lack of transparency in the permitting process.
Lack of proper info dissemination leading to negative image
4. Weak enforcement of industry policies and laws
International best practices not strictly implemented
Inadequate regulation of small-scale mining
5. Lack of comprehensive industry-based research
Lack of environmental baseline data
Lack of incentive to conduct research
Lack of initiative in conducting research
Lack of funds for research
Insufficient funding for research and development
Lack of baseline date
Lack of linkage and collaboration between and among government, industry and
academia
Lack of coordination between industry and academia and priority research areas
In regard to the problem tree analysis, these are the identified causes and effects per
issue/concern:
1. Weak revenue incentive and regulatory system
Effect: Inequitable minimum return and proceeds to the government
Causes: No adequate and comprehensive guidelines and standards on closure
rehabilitation plan; absence of performance evaluation standards and no
comprehensive valuation of the total coast of a mining activity
2. Weak capability-building program for the community
Effect: No trainings available for the communities
Causes: Lack of government, PO, NGOs participation in providing exposure to
trainings/capacity building; trainings are not responsive to the available
skills/needs in the community
3. Weak check and balance system
Effects: Malpractices of some large-scale mining companies; malpractices of most
small-scale mining.
32
Disharmony
between national,
local, traditional
policies
Conflict between
national and local
policies
No transparency
Lack of R and D
Agenda
Inadequate and
inappropriate capacity
enhancement training
Non-Indigenized development
interventions
Baseline data on
small-scale mining
IP, traditional/legal
leadership structure
Misconceptions/misinformation
Outcome-based
monitoring and
evaluation
33
Taxes of mining
companies vis-avis community
development
Equitable sharing
Examine/ review
Mining Act and
related policies
Policies relations to
child labor on
small-scale mining
Social profiling
Monitoring of SDP
Social impact
assessment of
mining
Qualitative study on
mining
Accountability of local
leaders and managing
benefits on mining
Enhancement of
Technical Capabilities
of members of MMT
Lack of conlict
management resolution
capacities
Contextual mechanisms
of developing
community self-relance
Social preparations
Enhancement of
partnership/engagement between
company and communities for
development
Collaborative planning for mining
closure rehabilitation
Health problems in
mining sites
Conflict resolution
The problem tree to explain the possible cause and effects are presented in a diagram below
where disharmony or conflict among various stakeholders occupy the center stage arising from
poverty and poor governance structure. The possible causes identified include the flawed
community development models, unregulated mining, misconceptions of mining, gender
inequality, deprivation of ancestral rights and FPIC (free and prior informed consent (FPIC),
sociopolitical unrest, lack of access to basic social services, and the like.
Figure 2. Problem tree showing the political and economic causes and effects of mining
34
35
D.2. FGD Outputs in Davao and Manila (June 2014 and September 2014)
Social Issue
Environmental Issue
Political Issue
Economic Issue
1. Myopic FPIC
(procurement should
involve other
stakeholders)
1. Environment
1. Corruption in government
is the key to poor mining
standard in the Philippines
1. Why
communities
where there is
extensive
mining activity
are the poorest
2. Mining companies
lacking social
responsibility
2. Economic
disparity
2. Government to
sincerely implement
laws
3. Negative impact on
the environment
3. Capacity (e.g.
processing)
4. Food security
4. Deceptive IEC
(government and mining
companies)
6. Loss of biodiversity/
wildlife
7. Siltation of rivers
8. Engineered consent
process among affected
communities
8. Unregulated operation of
small-scale mining
36
Social Issue
Environmental Issue
Political Issue
Economic Issue
37
Table 6. FGD Outputs on Responsible Mining Issues and Concerns, June 24, 2014
Social Issue
Few schools/universities
offering geo-mining
Environmental
Issue
Water, air and land
pollution
-Mining processing
and operation
Environmental
pollution due to
massive illegal
miners
-weak regulation
Solid waste
disposal
Rehabilitation of
mining industry
-lack of technical
capability
Water
contamination/
treatment issues
-lack of technical
capability
Political/Governance
Economic
38
Government should not rely on the IEC from the company alone
Not only work with the community but also with the church. (Government is not doing its
job in terms of IEC)
Go beyond layers of the tribe in reaching out the community for a real IEC
Dialogue at regional level to arrive at consensus building
Proper implementation/ harmonizing laws in the Philippines
Processing of mineral resources within the Philippines
NCIP independently monitors/evaluates social services of mining company
Fast-track in processing the permits (to avoid conflict between small-scale and largescale mining)
Sociocultural
Expand in the curriculum at the tertiary level to be responsive to mining industry, best
practices to change the negative image of mining
Understand the IP culture to prevent conflict between and among the tribes
Economic
Employment of locals/tribal leaders to negotiate with the NIPAS (security)
39
Profit oriented
Human rights violations, killings, and militarization
Inter-generational justice
Transparency in the extractive industry (Some mining companies would not participate)
Environment
Environmental destruction (watersheds, biodiversity)
Mining means or methods result to loss of forests, and top soil, risk to water resources,
and acid mine drainage
Blindness to climate risks
Biodiversity areas are violated
Economic
Unfair sharing of proceeds
Lack of comprehensive economic valuation
Inadequate economic valuation (legal and economic) for mining industry
Inequitable distribution of costs and benefits in mining
Suggested Concrete Steps to Address Issues and Concerns:
Sociocultural
Mining companies should look into the ancestral domain management plan of the IPs
Access to information
Change mind set of mining companies
Contextualize local development agenda
Economic
Look at the cost-benefit (with and without mining)
Environmental
No comprehensive map (geo-hazard, protected areas, other uses overlaid)
Political/Governance
Before any mining proceeds, there should be backward and forward linkages for
maximum revenue
Proper implementation of the social acceptability process as part in obtaining
Environmental Impact Assessment (EIA)
Distinct government agency to monitor all environmental compliances
Government share should be open-ended
Disclosure of mining companies on the use of extracted resources
Nationalization of our resources (Peoples Mining Bill)
Implement EO 79, especially the no go zone
Scrap Mining Act of 1995
Only contractual agreement
Include funds for disasters and maintenance
The need for paradigm shift in international level in the fiscal management policy from
international competitiveness to cost-benefit analysis
D.4. FGD Outputs with Mining Executives, September 16,2014
Focus Group Discussion on Mining
September 16, 2014, Manila Polo Club, 4:10-5:30PM
The mining executives suggested that it would be better if the question is: Should there be a
mining industry in the Philippines instead of Is there a future of mining industry in the
Philippine development?
40
Issues Raised:
Wrong statistics that the industry is not doing well- lead to wrong policy decisions
Revenue sharing/ excise tax: Let it be functions of profitability, more money you take you
pay more; Government should look at it from the life of mine perspective
Mining companies were not involved/ not consulted in crafting the no go zones
No consultation in the issuance of permits
Structural issue involving policies and implementation
Invest in their community before you consider going in
There should be a way for the academia to educate the government and the research data can
be used as basis for capacity building
The summary table of issues and concerns below is based on the multi-sectoral consultation
from concerned government agencies (e.g., MGB-DENR, NCIP), academia, non-religious
organizations, religious and business sector (mining company representatives) to the grassroots
comprising the indigenous peoples, small-scale miners, and the like from the capital city of the
country (Manila) to Davao in the southern part of the country. It is clear that there are persisting
environmental, socioeconomic, cultural and political/governance issues.
Summary Table of FGD Issues/Concerns:
Table 7. Summary of Issues and Concerns from the Focus Group Discussions (Manila and Davao)
Source of
Data
Environmental
Issues/Concerns
Socioeconomic
Issues/Concerns
Cultural
Issues/Concerns
Political Problems
Issues/Concerns
Shangri-la
RTD
April 3-5,
2013
Lack of capacity
building in
harnessing
human resources
Lack of capacity
building for
environmental
monitoring for IPs and
the communities
Corruption
Habitat
disturbance
Lack of technical
knowledge on
environmental
issues and
Indigenized
development
interventions
41
Source of
Data
Environmental
Issues/Concerns
Biodiversity loss
Lack of baseline
information
Forest
degradation
Davao FGD
June 23-24,
2014
Socioeconomic
Issues/Concerns
Cultural
Issues/Concerns
infrastructure for
small scale
miners
Weak capability
building programs
for the community
Inadequate and
inappropriate
capacity
enhancement
training
Lack of adequate
baseline data
Political Problems
Issues/Concerns
Loss of
biodiversity/
wildlife
Mining
companies
lacking
social
responsibility
Siltation of rivers
Why communities
where there is
extensive mining
activity are the
poorest
Negative impact
on water supply
Economic
disparity
Lack of food
security
Myopic FPIC
(procurement should
involve other
stakeholders)
Engineered consent
process among
affected communities
Lack of
solid
disposal
Few schools
offering geomining courses
proper
waste
Lack of technical
capability
for
rehabilitation
of
mining industry
Continuous small
scale
mining
malpractice/safety
(non-adherence
to policy)
Issues on social
acceptability due
to
(negative
perception)
Lack of proper
information
dissemination
about responsible
mining (lack of
government
initiative)
Lack
of
information about
social
and
42
Corruption in
government is the key to
poor mining standard in
the Philippines
Collusion between
mining company and
government agency
Distribution of Royalty
Fees to a certain group
of IPs no equitable
sharing
Deceptive Information
Education
Communication (IEC)
Source of
Data
Environmental
Issues/Concerns
Socioeconomic
Issues/Concerns
economic
benefits
of
responsible
mining in land
communities
SDP not properly
implemented
FGD, NEC UP
Diliman
September
16, 2014
Cultural
Issues/Concerns
Absence of
consultants
IEC/Consultations
Unfair sharing of Lack of consent and
proceeds
social acceptability
Environmental
destruction
(watersheds,
biodiversity)
Mining means or
methods result to
loss of forests, and
top soil, risk to
water
resources,
Blindness
climate risks
Biodiversity
areas
violated
Political Problems
Issues/Concerns
Lack
of Voices of those of who
comprehensive
are not in power
economic
valuation
Inadequate
economic
valuation
(legal
and economic) for
mining industry
to
Inequitable
Respect of indigenous
distribution
of peoples rights;
costs
and
Respect for the IPs
benefits in mining culture, tradition and
self-concept
of
development
Mining: for whom?
are
Indigenous
peoples
self-determined
development
Past legacy of the
mining industry
Sensitivity: respect for
the rights of both IPs
and non-IPs
Genuine engagement
with the indigenous
peoples (IPs)
Unregulated operation of
small-scale mining
Sharing agreement
politics
PLGU-MLGU issuance
of quarry permit what
are the boundaries
Lack of rights-based
approach
Vulnerable security
situation in mining areas
(armed groups)
Land use conflict
Continuous
conflict
between
local
and
National
Policies
(regulatory problems)
No clear cut policy in the
implementation
and
operation
of
mining
operation and properly
understood by the local
community
Entry permit extortion
from armed groups
Political Intervention on
Contract
of
Mine
43
Source of
Data
Environmental
Issues/Concerns
FGD at Manila
Polo Club
Sept. 16,2014
Socioeconomic
Issues/Concerns
Cultural
Issues/Concerns
Political Problems
Issues/Concerns
Operation
Non interest of the
government in promoting
responsible mining
Conflict between smallscale and large scale
mining due to slow
approval
of
mining
permits/agreement
-Mining companies were
not involved/ not
consulted in crafting the
no go zones; in issuance
of permits
-Taxation/
Sharing of
resources
Revenue sharing/
excise tax
Wrong statistics
that the industry
is not doing welllead to wrong
policy decisions
Mining
companies were
not involved/ not
consulted in
crafting the no go
zones
No consultation in
the issuance of
permits
There should be
a desire for a real
dialogue
Communicating technical
information
Invest in their
community before
you consider
going in
Mining-Related Issues and Concerns from Key Informants (September 17, 2014)
Table 8 below presents the mining issues and concerns from key informant interviews
among selected government officials. Two officials are from the House of Representatives
while one represents one national government agency.
Table 8. Mining-Related Issues and Concerns from Key Informants Among Selected Govt.
Key informant
Key Informant 1
Recommendations
Mining Issues
44
Governance
Key Informant 2
branch
Undertake research on
mining industry to inform
leaders and the general
public so as to dispel
ignorance about the mining
industry
Bills filed on Mineral Ore
Processing in the country
and Establishment of a
National Center for
Sustainable Mineral Industry
Mining Issues
Governance:
45
On May 21-22, 2014, interviews were conducted by three MSU-IIT faculty of multidiscipline
among stakeholders in Siocon, Zamboanga del Norte, Mindanao. About 13 members of the
community from various sectors were interviewed to obtain a cross-section of the impact of the
TVI presence: one each representing the academia, business, cooperative, fisher folk
association, women sector, health worker, senior citizen, former mayor of the municipality,
former TVI employee, and two each from the Department of Environment and Natural
Resources (DENR) and religious sector. A more detailed description of their sociodemographic
profile is presented in Appendix 3.
Issues and concerns were generated from the multi-sectoral key informant interviews that are
categorized as environmental, socioeconomic, and cultural. Findings show both the negative
and positive positions. Note that some issues and concerns in this company are identified in the
review of related literature in earlier section. In the case of the environmental issues, 14.3%
registered the positively-inclined responses indicating no destructive effects and leaking/spilling
and that the company did rehabilitation efforts. But majority comprising 77.5% raised the
negative effects to the environment involving the damages done to the creek, occurrence of fish
kills, pollution/contamination of the water bodies, flooding, soil erosion, conversion of the
mangrove to fishponds. These are perceived to be due to the presence of the mining company
in the area.
Table 9. Environmental issues (Positive and Negative) Related to TVI in Siocon, May 21-22, 2014
Environmental issues
Freque
ncy
Perce
nt
POSITIVE
Nothing negative has
happened / At first negative
but after mine tour, we
learned they are not
destructive
Freque
ncy
Percen
t
NEGATIVE
7.1
10.7
21.4
7.1
No experience in leaking or
spilling or skin diseases
3.6
3.6
46
Environmental issues
Freque
ncy
Perce
nt
POSITIVE
Freque
ncy
Percen
t
7.1
3.6
3.6
3.6
7.1
3.6
3.6
3.6
3.6
3.6
3.6
NEGATIVE
An entire rice field was now
gone / Siltation in the rice
fields
Flooding-cause is TVI
If TVI cannot maintain the
sulphide dam
Water in the river overflow
during flood
Before we used to drink the
water from the springs, but
now everyone buys mineral
water for drinking. The water
from the faucet becomes
brown when it rains. There
should be a close monitoring,
if there is no maintenance,
the water has a different color
and smell
Open pit mining prone to
flashflood, cause for flooding
in the municipality
Need to go further to the sea
to fish
Responsible mining is there
such a thing?
Mangrove converted to fish
pond
The river widened and there
was soil erosion of the
riverside
Mine rehabilitation fund not
sufficient
Total=28
14.3%
24
85.7%
In regard to the socioeconomic concerns, 44.4% appreciated the benefits that they derived from
the company as against 55.6% forwarding the weaknesses. Those who cited the disadvantages
underscored the community projects provided such as the fishing boats given to the Muslim
leaders for livelihood, computer projects donated to the schools, paints donated, local
employment to include the rebels, and other social development projects. However, more
opined that there was no significant impact of the company to the locality as gleaned in the
inability to sustain projects, mismatch of qualifications for local hiring, non-usage of the donated
bus, insufficient training, corruption of some local officials and TVI staff, and land tenure
problems.
Table 10. Socioeconomic issues (Positive and Negative) related to TVI, Siocon, May 21-22, 2014
Socioeconomic issues
Freque
ncy
Perce
nt
POSITIVE
3.7
NEGATIVE
There was no significant effect of
the TVI presence in the
community, could not see the
impact to development in the
community / Not able to sustain
projects, these were organized
but not monitored
47
Frequ
ency
Percen
t
11.1
Socioeconomic issues
Freque
ncy
Perce
nt
Frequ
ency
Percen
t
7.4
3.7
14.8
Employment-qualification of
Siocon residents mismatch with
TVI, they promised to get from
Siocon rank and file
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
3.7
15
55.6%
POSITIVE
Occupational tax paid
3.7
3.7
Positive-employment,
increased the income in
Siocon. Lots of people
employed; Created
employment for the people ;
There was food in the home,
rubber project might sell,
might receive lands during
separation
All barangay were given
SDMP worth 300 thousand
pesos per year, the project
depends on the locality
We are an impact barangay in
Poblacion and they donated 2
gallons of paint
When TVI was still operating,
a lot of people would go to the
beach and the store would be
profitable
It was okay before because
they buy goods here, such as
fish, but not all goods are
brought here in Siocon
TVI employed the rebels
NEGATIVE
If TVI will close, the
municipalitys income will be
reduced, 1st class now maybe
reduced to 3rd class
They should prioritize the
community people for
employment, especially now
that the new owners of the mine
are Pangilinan and Villar
Total=27
12
44.4%
The cultural issues culled from the key informants responses were characterized with more
negative issues. Of the 25 count, only two mentioned the funding for the womens livelihood and
social development programs, the rest raised the problems particularly affecting the Subanen
where the royalty funds did not seem to benefit the IP community in general, but only a few of
their leaders. This is an issue of transparency/governance and democratization. This produces
conflict and disunity among the tribal members. Change of lifestyle was also mentioned. In fact,
some IP leaders have vehicles now and are into gambling without regard for economic
sustainability of the local residents.
On the whole, based on findings of Tables 7-9, there is a total of 22.5% posting the advantages
or benefits that they obtained from the mining company while a majority of 77.5% saying
otherwise. This indicates that the presence of a mining company in their locality has not really
produced a positive impact on the lives of peoples in the locality.
48
Table 11. Cultural Issues Related to TVI in Siocon, May 21-22, 2014
Cultural issues
Freq
uenc
y
Percent
Cultural issues
POSITIVE
Freq
uenc
y
Perce
nt
14
56.0
4.0
8.0
4.0
4.0
4.0
4.0
4.0
NEGATIVE
8.0
4.0
Total
49
50
the rise while alliances continue to advocate responsible mining as a catalyst to achieve
economic stability. Arising from a host of issues surrounding mining, the Aquino Administration
in February 2011 imposed a moratorium on all new mining contracts in order to review existing
laws and to make revisions without having new contracts signed that may create legal
ambiguities.. A new council known as the Mining Industry Coordinating Council (MICC) was
established to supervise the implementation of the new Mining EO, and the council is also
tasked to make improvements to the information resources available regarding mining, and
harmonize existing laws/policies, and procedures. Executive Order No 79 (EO 79) was signed
on 9 July 2012 to improve the alignment of the Philippines national and regional interests with
those of the mining industry through the updating of key policies and enforcing strict
environmental controls, among others. The Mining EOs new downstream development
mandate underscores that the Philippines needs to invest resources to develop industries
downstream from mining in order to provide economic benefits such as creating jobs for local
communities. Another Executive Order No. 147 was approved, this time focused on Creating
the Philippine Extractive Industries transparency Initiative (PH-EITI) on 26 November 2013 to
ensure transparency and accountability in the extractive industries, particularly in the way the
government collects and companies pay taxes from extractive industries.
Moreover, the formulation of the Framework Agreement on the Bangsamoro (FAB) constitutes a
political agreement to establish the Bangsamoro, the new autonomous political entity in
Mindanao. It will be clothed with the power to run their own government, including the power of
taxation, wealth creation, and revenue sharing from the utilization, development and exploitation
of natural resources within its territory.
Given this backdrop, it is crucial to identify issues and concerns from a desktop status review
and various stakeholders consultations to better understand the context of mining development
in the country. Who really gets what, when, where, and how in excavating and extracting the
countrys natural resources are shrouded in several issues. The proliferation of extractive
practices all over the world needs to consider core values such as intergenerational equity,
accountability, democratic/participatory governance, and transparency. The stakeholder concept
is being employed in the presentation of mining issues in this paper acknowledging that there
may be variations within each stakeholder and that stakeholders may occupy two or more
positions at the same time.
Both the core and critical stakeholders can align in sustainable development goals.
Assumptions are laid that viewpoints may differ as to the strategy and nature in carrying out
sustainable resource extraction. Generally, these are the specificities of each stakeholder
interest viewed as one cluster or group. The so-called Core Stakeholders are comprised of the
following: the community of IPs and non-IPs who are for sustainable extraction of resources for
the benefit of the communitys interest and collective determination through strong and
independent peoples organizations; the mining companies distinct for its profit motivation taking
into account issues of sustainability and equity; the small-scale miners associated to mining as
their source of livelihood and profit motivation taking into account issues of sustainability and
equity; and the state/LGUs: stewards of national and other community interests. On the other
hand, there are also the critical stakeholders as represented by civil society organizations that
are known stewards of national and other community interests and academia that are also
important advocates of national and other community interests through science and technology.
Diverging Interests and Continuing Challenges
The related studies and literature document the unfavorable effects of mining. It is apparent
that there are structural factors that are reflected in the environmental, sociocultural, health,
economic and political/governance dimensions. The livelihoods of the communities that
particularly rely on fishing and agriculture are adversely affected. Formulated laws are under
51
scrutiny primarily by the Catholic Church and several non-government organizations. There are
contestations against opening mining to foreigners and blaming the industry for deaths in
natural disasters. The cry is joined in by peasants, industrial workers, indigenous peoples, and
other sectors. To reiterate, there is opposition arising from massive displacement of the
indigenous peoples, militarization of areas where mining projects are located, environmental
degradation, and widespread corruption hindering implementation of responsible mining in the
country (Holden & Jacobson, 2007).
Similar environmental, economic, sociocultural, political/governance issues and concerns are
captured in the roundtable discussions, focus group discussions, and key informant interviews
conducted. These also surface in the initial case study conducted in one mining company that is
currently on a decommissioning status. It is worthy to reiterate that based on this study, 22.5%
of the respondents cited the advantages or benefits obtained from the mining company while a
majority or 77.5% declared otherwise, referring to the environmental, socioeconomic and
cultural issues arising from the mining operation. This tacitly displays that the mining company
operation has limitations in creating a good impact to the local community.
A close examination of the outputs of this study reveals that the problems in general manifest
the lack of political will of the government to enforce laws/policies for mining development. This
was apparent taking into consideration the position of civil society, academia, the business
sector, and the government itself. The negative perceptions of the civil society and academia
many of whom take a critical position, harbor dismay towards mining companies, and the
lukewarm attitude of government all have bearing to what has been enumerated [Link]
issues of mining development in the country. The wide-ranging environmental, economic,
sociocultural, political/governance issues and concerns are all important elements in sustainable
development. Employing the SUSOP framework, these are some of the risks that pose a
continuing challenge.
Involving the sector of small-scale miners, the issues of benefit sharing and taxation,
political/governance, as well as environmental dimensions can be exemplified as follows:.
Corollary to the above contention, findings of the consultations show that the issue of
governance is crucial and that it bears on issues of policy governance and implementation.
Allowing local mining boards to issue permits for mining undermines the efficient distribution of
permits. Many LGUs issue permits for small-scale mines and have passed ordinances
52
banning/limiting certain types of mining such as open pit. While some may have bearing on
environmental conservation and management, it is also a response to the small-scale mining
fiscal regime. The following quote aptly describes this contention: only a portion of taxes,
royalties, and fees paid by large mines to the national government go to LGUs; the amount is
small; and there are long lags between the payment by the mining companies and the
distribution to the LGUs. This difference in the fiscal regimes for small-scale and larger mines
provides an incentive for local governments to issue many small-scale mining permits and to
oppose large-scale mining (IMF Country Report, 2012: 46).
The country is teeming with metallic mineral reserves worth a trillion dollars that could have
steered us towards a progressive and strong economy balanced with agriculture and industry.
The civil society organizations cry graft and corruption, the local government units complain of
delayed return share, the mining executives whine of transparency and lack of strong political
will, and the people lament poor governance. There are emerging patterns in the way the mining
establishments handle their monitoring and evaluation of their environmental impact which badly
need transparency and accountability. On one hand, the community development program
implementation needs proper assessment. Most oftentimes, the community does not feel the
promised economic returns because it passes through the local government unit. All are one in
saying that something is wrong with the government. The issue of governance is a converging
point and remains a great challenge that urgently needs attention.
To reiterate, it has been observed that mining areas remain poor communities. This is
antithetical to the expected economic gains of mining operations. There prevail the ecological,
economic, and cultural problems affecting especially the indigenous peoples which commenced
during the colonial period and remains until today. The Philippine mining industry has
historically been liberalized, laid open to foreign and private control without developing
downstream industries, and limited to extraction, export ores, and dependence of foreign
capital, expertise and technology (The Center for Environmental Concerns-Philippines:n.d.2-3).
Employing the concept of benefits in SUSOP framework, the various typology of capital can be
operationalized as follows: Social capital is generated as a proliferation of business and other
commercial establishments are established in areas where the mining company is located. The
existing social network of families and relatives are enhanced, especially when they are hired
and moved to the mining site. This is where human capital is further enhanced when one is
capacitated for trainings and the like. The natural capital, i.e. mineral ore extraction is tapped,
but this can be also classified as a risk in the sense that the ecosystem is made vulnerable to
disaster with the altered mountains and forests. Due to toxic exhausts contaminating the air,
people complain of upper respiratory ailments and when the toxic substances flow to the sea,
this further endangers their aquatic resources. We can say that the natural capital which is the
basis of life and production possess a double-edged negative effect. And when operationalized
in a balanced score card, the various types of capital will have an equivalent relative to the risks
and opportunities depending on the specific geographical, socioeconomic and cultural values.
Sustainable development as a concept bears almost the same valuation invoking its basic
pillars in the ecological, social, and economic dimensions. Considering that the mineral resource
extraction usually happens in the uplands where the indigenous peoples reside, the cultural
aspect is an added special dimension. Their age-old tradition will be endangered. Despite the
existence of a law that is supposed to protect and guide the natives, sometimes the free, prior
consent is violated when there is no authentic and democratic consultation and another group
will be recognized in defiance of the real resident natives. This cultural dimension carries the
issues of respect to culture integrity and the FPIC process. Moreover, even when the mining
company releases its royalty share, the equal sharing of benefits does not take place from
within. We need to take back the economy. The sustainable and equitable use of resources for
53
the society of the future may be done by re-ordering the global economic system towards ethical
community economies.
But what also needs to be stressed is the essence of intergenerational equity the need to
bequeath to the next generation the resources of today. One has to wrestle with the
innumerable ways that mining problems of the present are handed down to communities of the
future. This may mean exhaustion of resources and a damaged environment, the creation of
conflict and control in the uplands, presence of para-military groups, killings and extortions.
Values such as transparency, participation, intergenerational equity remain as rhetorics.
However, there are significant developments in the country in legislation addressing IP rights
and the regulation of extractive industries. But these are much wanting in terms of alignment
and harmonization.
Moreover, the stakeholder theory remains challenging, there is no uniform feature for all the
multi-stakeholders. A stakeholder may occupy two or more positions at the same time such that
one can be a native in a particular area and member of the LGU and employed as worker in the
mining company whose house and service vehicle is a visible mark of social inequity,
Convergence and Possible Shared Agenda for Mining and Development: Fair and equitable
share/ benefits from resources extracted
The possible key to resolving the potential conflicts emanating from these complex dynamics is
the forging of a strong unity towards a collective agenda and agreement to respect the divergent
interests of the various stakeholders under a common framework that makes resource
extraction beneficial to all. The collective agenda can be shared and serve as starting point for
collaborative undertakings. This is possible when two or more stakeholders work as one to a
mutually agreed upon goal and equitable returns. Engaging all stakeholders is essential in
obtaining genuine community informed consent and meaningful engagements in conflict
transformation, policy formulation/implementation and development interventions.
In ending, let me bring to light the following quotes and concepts underscoring the vital role of
the stakeholders. The Mindanawon Initiatives for Cultural Dialogue (2008:1,6) cited Chevalier:
all conflicting interests can be negotiated and the well-being ofeconomies hinges on the
active participation of all citizens, actors whose material benefits ultimately coincide with those
of capital development should not be reduced to economic growth or that the sole powers
of the market solve development problems particularly in Mindanao. It should be stressed here
that the development problems in Mindanao are political. This underscores power differentials
and conflicts of interests.
Communities where resources are extracted can have a say on their use and disposition based
on their interests and concerns. This process of taking back the economy, necessitate a
political process where the once marginalized voices now are recognized and assume center
stage in a complex economy with diverse systems. The prescription goes beyond the aim of
replacing the current order with a democratizing political program, but more importantly allow for
54
the sustainable and equitable use of resources for the society of the future by re-ordering the
global economic system towards ethical community economies. It is in thinking together about
our working lives, our collective efforts, the places in which we encounter others, the commons
we constitute through our care, and the future we collectively invest in that will allow us to build
an economy worth living in with one another (Gibson-Graham, et al., 2013: 192).
Cognizant of the converging points for all stakeholders to gain fair and equitable share/benefits
in mineral resource extraction, there is an emerging consensus to have a responsible and
functional legal/institutional framework for mining and development, a transgenerational and
empowered community, equitable sharing of responsibilities and improved returns, a clean and
healthy ecosystem, and collaborative research and education among stakeholders and
international partners to unite the multi-stakeholders to a shared agenda for mining. The way to
operationalize this may go through a rigid process of discourses and debates. It is imperative for
all to participate in pursuing this and not leave it all to the governmental bureaucracy. After all,
we are part of this huge system and academia must bring science and technology to the
ground.
There is a glimmer of light in the country today despite odds. We have a growing base of civil
society organizations and academia is open for research and community development
endeavors. At the legislative body, there are two recent impending bills focused on mining.
House Bill 4728 seeks to amend certain provisions of the Philippine Mining Act of 1995 and
promotes for the mandatory processing of all mineral ores as value adding and encourages the
growth of mineral processing in the country. This is viewed as providing more jobs and
increasing domestic revenues through taxes and duties. Another bill is centered on the creation
of the National Center for Sustainable Mineral Industry that is to be attached at the Department
of Science and Technology (DOST) with experts from academia playing active roles. The body
will steer research and development towards sustainable practices and technologies in the
mineral industry.
All these provide hope in the attainment of an environmentally-sound, efficient, and economical
mineral exploration practices and culture for both small- and large-scale mining industry
hopefully steered towards national industrialization.
The strong message is that for sustainable development to be operational, it is crucial to
harmonize and integrate the concerns for a sound and viable economy, sensitivity to
sociocultural dimensions, and ecological integrity in an atmosphere of democratic consultation,
responsibility, and transparency. In this light, we can invoke economic and ecological
integration seeing economic development and responsible stewardship of the environment not
as incompatible goals, but as mutually reinforcing objectives towards sustainable development.
It is only when both ends are jointly served that the ultimate goals of development are attained.
For it recognizes that the natural, financial, social and human capitals are advanced for inclusive
growth where there is synergy of efforts of the various stakeholders to recognize the risks and
opportunities in mineral resource extraction.
RECOMMENDATIONS:
Based on the roundtable and focus group discussions, and key informant interviews, the
following may be considered as guides in establishing a roadmap for the mining industry in the
country. Based on the stakeholders consultations, the recommendations of the study are as
follows:
1. Push for a Responsible and Functional Legal and Institutional Framework for
Mining. This necessitates a strong political will to formulate a participatory framework for
mining and development in the country based on a plan that considers national
55
industrialization and legislative reforms of the mining fiscal regimes. Among others, this
requires the creation of credible and functional institutions that can be the intellectual
lead bodies for the mineral industry development of the country. Forging a consortium of
stakeholders for monitoring and evaluation is also imperative to the development of
mining in environmentally-critical areas that are key biodiversity areas, food producing
regions, and geo-hazard and disaster-prone areas.
2. Create a transgenerational and empowered community. This is a community that
benefits from the collaboration of all empowered and enlightened stakeholders.
Transgenerational and sustainable mining communities must protect and respect cultural
heritage and develop a comprehensive and progressive capacity building program. For
instance, trainings on free prior informed consent (FPIC), leadership and financial
management, proposal making, watershed management, disaster risk reduction and
management, and others can be organized for the needy communities. Signing up to the
Extractive Industry Transparency Initiative (EITI) for mining companies to publish details
of all payments, taxes and royalties ensure knowledge empowerment of local
communities must also be considered,
3. Promote equitable sharing of responsibilities and improved returns. Equitable
sharing of resources must aim at developing value adding activities and downstream
industries which will also generate employment. Incentives for local entrepreneurs be
encouraged, as well as domestic capitalization to integrate agrarian reform and
agricultural production in mineral development.
4. Foster a clean and healthy environment. A healthy and responsible community must
have an environment where there is clean water and air. This must also include the
dissemination of ecologically-sound mining practices.
5. Undertake collaborative research and education among stakeholders and
international partners to unite the multi-stakeholders to a shared agenda for
mining. The various stakeholders should be involved in mining development in order to
ensure the equitable distribution of its gains and secure the protection of the
environment. Academics can play a role through the following activities:
Establishing research collaboration of academia, local government unit (LGU),
and industry
Establishing collaborative monitoring and evaluation team among stakeholders
for information, education and communication (IEC) and policy brief formulation
Conducting participatory action research employing two mining companies (one
in Mindanao and one in Visayas) to provide a more comprehensive empirical
base to assess the impact of mining through gender and cultural lens and
empower the local community with capability enhancement training sessions
based on identified prioritized community needs.
Strengthening linkages and networks with international and national partner
institutions on mining and development.
56
REFERENCES
Books, Reviews, and Documents
Alyansa Tigil Mina. 2012. Establishing a No Go Zone Policy in the Philippines: Issues, Concerns and
Guideposts (A Working Draft). Quezon City, Philippines: Alyansa Tigil Mina National Secretariat.
Anongos, Abigail, et al. 2012. Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries.
Published by Tebtebba Foundation in Baguio City, Philippines, International Work Group for
Indigenous Affairs (IWGIA) and Indigenous Peoples Links (PIPLinks) in Seven Sisters Road,
London, N4 2DA, UK.
Annual Environmental Protection and Enhancement Program Year 2010. November 2009. TVIRD
Canatuan Project.
Blast Off. August 2014. Breaking Promises, Making Profits: Mining in the Philippines. 2004. A Christian
Aid and PIP Links Report.
Corder, Glen. Developing Better Projects through the Early Identification of Sustainability Opportunities
and Risks.
Department of Environment and Natural Resources. CENR-IX-A4, Siocon, Zamboanga del Norte. 3rd
Congressional District.
Department of Environment and Natural Resources. Mines and Geosciences [Link] Tenements
Management Division. Complete List of Approved MPSA - March 31, 2004 available at
[Link] (retrieved on June 2014).
Chaloping, Minerva. 2011. The Trail of a Mining Law: Resource Nationalism in the Philippines. Paper
read at the conference on Mining and Mining Policy in the Pacific: History, Challenges and
Perspectives, 21-25 November 2011. Noumea, New Caledonia.
Columban Fathers 2007. Mining in the Philippines: Concerns and Conflicts. Report of a Fact-Finding Trip
to the Philippines. July-August 2006. First Published 2007 by Society of St. Columban, Widney
Manor Rd., Knowle, Solihull B93 9AB, West Midlands, UK
Department of Environment and Natural Resources. CENR-IX-A4, Siocon, Zamboanga del Norte. 3rd
Congressional District.
Department of Environment and Natural Resources. Mines and Geosciences Bureau. of Mining
DEstree, Tarma Pearson, 2003. Achievement of Relationship Change. in O Leary and Bingham
(editors). The Promise and Performance of Environmental Conflict Resolution.
Establishing a Stakeholder Dialogue to develop a Shared Agenda for Mining Development in the
Philippines, 2013.
International Monetary Fund. 2012. August. Philippines: Reform of the Fiscal Regimes for Mining
and Petroleum. IMF Country Report No. 12/219. Washington, D.C.: Resources for the Future.
Framework Agreement for Bangsamoro (FAB). 2013.
Gibson Graham, J.K. Jenny Cameron and Stephen Healy. 2013. Take Back the Economy: An Ethical
Guide for Transforming our Communities. Minneapolis: University of Minnesota Press.
Hicks, Reda M. Nereus O. Acosta, et al., n.d.., Crafting a Sustainable Mining Policy in the Philippines.
Ibon Databank and Resource Center. 2006. The State of the Philippine Environment (3rd edition). Quezon
City: Ibon Foundation, Inc.
57
King-King Copper- Gold Project Mindanao, Philippines. A Technical Report Pursuant to National
Instrument 43-101 of the Canadian Securities Administrators. Prepared by Independent Mining
Consultants, Inc for Ratel Gold Limited and Russel Mining and Minerals, Inc. October 12, 2010.
Mc Andrew, John P. 1999. The Impact of Corporate Mining on the Local Phil. Communities: The Cases
of North Davao Mining, APEX Cining, Benguet Corporation and Black Mountain In Davao del
Norte, and of Atlas Consolidated Mining and Development Corporation in Toledo, Cebu.
MEDUSA. Annual Report 2014.
Mendoza, Ronald U and Pretan Canare. 2013. Revenue Sharing in Mining: Insights from the
Philippine Case. Modern Economy. Vol 4, Issue 8.
Mindanao 2020. September 2011. A Peace and Development Framework Plan for Mindanao (20112030). Executive Summary (Draft Copy).
Mindanawon Initiatives for Cultural Dialogue. 2008. Mining in Mindanao: Analyzing Stakeholders and
Identifying Strategic Engagements. (Unpublished Report). Davao City: Ateneo de Davao
University.
Physico-chemical and Trace Metal Water Quality Assessment in Siocon and Sibugay Coastal Waters.
Final Report. Coastline Philippines, Inc.
Primer on the Peoples Mining Bill (House Bill 4315). Published by the Center for Environmental
Concerns in cooperation with Defend Patrimony Alliance and Kalikasan Peoples Network for the
Environment. Diliman, Quezon City.
Republic Act [Link] Act of 1995.
Republic Act 7076. People Small-Scale Mining Act of 1991.
Republic 8371. Indigenous Peoples Republic Act.
RMP-NMR. Kidlap Selection. Compilation of Stories of Our Missionary Works in the Rural Areas of
Northern Mindanao, Philippines. Published by Rural Missionaries of the Philippines Northern
Mindanao Sub-Region (RMP-NMR), available free online at [Link].
Tenements Management Division. Complete List of Approved MPSA - March 31, 2004. [Link]
(retrieved on June 2014).
The Center for Environmental Concerns-Philippines, A Primer on the Peoples Mining Bill (House Bill
4315), A publication of the CEC Research Education, and Advocacy Unit, Diliman Quezon City
1101 Philippines
TVI Pacific Inc. Annual information Form. March 19, 2014.
Vidal, Aida T. 2005. Resource Kit on Mining Issues in Mindanao Alternative Forum for Research in
Mindanao, Inc., 1st AFRIM Edition.
Whitty, Brendan. 2008. Accountability Principles for Research Organisations. One Trust World. 3
Whitehall Court. London SW1A 2EL. United Kingdom
Woods, Claire. 2004. The Environment, Intergenerational Equity and Long-term Investment. DPHIL
Thesis and Abstract School of Geography and Environment. Worcester College Oxford.
Unpublished Theses
Akiatan-Manabilang, Nita. 2008, March. Mining in Mt. Canatuan, Siocon, Zamboanga del Norte: Patterns
of Collective Responses of the Subanon. A Special Project for Masters in Sociology, MSU-IIT.
Akiatan-Manabilang, Nita. 2009, March. Mining in Mt. Canatuan, Siocon, Zamboanga del Norte: Patterns
of Collective Responses of the Subanon. Graduate Thesis in Master of Arts in Sociology,
Department of Sociology, MSU-IIT.
58
Mining
Industry
Goodland, Robert & Wicks, Clive. (2008) Mining or Food? Case study 2: copper and Gold Mining
Zamboanga del Norte, Mindanao Island. Working Group on Mining in the Philippines, UK
[Link]
59
60
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Major questions: Is
responsible mining
possible given the
social landscape of
Mindanao? Aside
from the pro- and
anti- positions, are
there other voices?
Where are these
located? What are
their interests?
Ateneo schools in
Mindanao: Probed
deeper into mining
and the community:
Questions:
-What lessons can
we learn from
Mindanaos mining
history & challenges
-Will it improve the
condition of the
people
- Will it bring peace to
a troubled
landscape?
-Who are its intended
stakeholders? How
are they affected as
the cycle of mining
progresses
-Who benefits from
mining?
61
Response:
Company
Recommendation
s
Source of Data
*Review the
[Link].s mining
regime & mineral
liberalization policy
in the light of
social,
environmental, and
cultural costs.
*Come up with a
Mindanao dev.
Framework- profit,
people, culture, &
ecosystem
*Practice right to
information &
transparency
*Promote informed
understanding of
core and critical
stakeholders,
upstream and
downstream, and
general public
*Provide open
spaces for
conversations with
all affected
stakeholders
towards social
acceptability
*Capacitate
communities,
LGUs, POs in
monitoring mining
Mindanawon
Initiatives for Cultural
Dialogue. 2009.
Mining in Mindanao:
Analyzing
Stakeholders and
Identifying Strategic
Engagements
(Unpublished Study).
Davao City: Ateneo
de Davao University
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
operations, and
conflict
management
*Strengthen critical
stakeholders
engagement with
core stakeholders
*Assert Indigenous
customary laws
and processes
*Build and
strengthen alliance
for greater support
and vigilance in all
stages in mining
*Undertake more
technical and
social researches
to improve
understanding of
mining.
62
Source of Data
Socioeconomic
(Caraga Region)
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
computation of
royalties; perception
that IPs cannot
manage own funds
-Sociocultural
Impacts: fear of
changes in their
traditional activities
with influx of
migrants.
6. Knowing Mining
- need of credible info
and expert
knowledge on
mining and its
impact; lack of
universities to assist
in understanding
mining
1. Increased
borrowing in the
mining areas of the
region.
Response:
Company
Recommendation
s
2. Increased in
investment for human
capital buildup, as
implied by the
increase in food and
education
expenditures.
3. In-migration and
efforts on the part of
mining to participate
in the improvement of
accessibility condition
63
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Environment
(Marinduque)
-Increased borrowing
in the mining areas of
the region
-Using the nearest
neighbor, kernel and
radius matching, the
study
Environmental
problems which stem
from large scale open
pit copper mining at
Marcopper Mining
Corp., Marinduque Isl
&,viz;
the Mogpog & Boac
Rivers which receive
acid rock drainage,
high sediments
loads, & tailings
transported from the
mine site
People of
Marinduque
have a MOA with
the DENR that
provides for an
independent
technical review
of the available
options for
environmental
remediation &
restoration after
the 1996 tailing
spill
Preferred
Remedial
optionSubmarine
tailings disposal
in the deep
waters of Tablas
Strait.
64
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Environment
(Cagayan de Oro)
Indigenous Peoples
(Tantawan, Cotabato)
Case1.
Struggle Against
Response:
Company
Recommendation
s
Source of Data
Joint U.S. Geological
SurveyArmed
Forces
Institute of Pathology
Reconnaissance
Field Evaluation, May
12-19, 2000, U. S.
Geological Survey
Open-File Report 00397Geoffrey S.
Plumlee, et al.
Issued only
permits to smallscale mining
operators. (no
government
monitoring &
supervision over
the activities like
mining &
quarrying in the
areas.)
1. 9 January
2012- DENR
Identified the
effects of
mining;
environment
(loss of
marine life)
- upstream
inhabitants
could no
longer wash
clothes in
the river due
to murky
water.
Community leaders &
NGOs questioned the
[Link] took
up armed
65
[Link]
com/s /7dpq0zeft53f
ayx/Ancestral%
20L&% 20&
%20Mining%20Issue
s%20in%20Southern
%[Link].
Isaias S. Sealza , et
al., Ancestral Land &
Mining Issues in
Southern Philippines,
Xavier UniversityAteneo de Cagayan
Cagayan de Oro City
Philippines
August 2013
[Link]
com/s/cb5kebof6urq5
Response:
Government
ordered SMI to
stop all
operations in the
area
because the
company did not
meet the
requirements for
an Environmental
Compliance
Certificate (ECC)
-military
operationapprehension/cap
ture of suspected
NPA who took
part in the armed
resistance
against SMI.
2. DENR & NCIP
certified that no
indigenous
peoples lived in
the targeted area,
regardless of the
Binongans claim
of ancestral
domain.
Responses
Response:
Response:
NGO/CSO
Community
legality of SMIs
resistance
activities
against the
- NGOs suggest
two
indigenous peoples
companies
themselves to uphold of
traditional values &
Sagittarius
practices, such as
Mines Inc.
peace pacts between (SMI) &
tribes & other
Xstrata
mechanisms of
to defend
conflict resolution.
their
ancestral
domains
2. In Abra
Province,
northern
Luzon,
communities
have
successfully
pushed for a
stop
of the largescale mining
operations of
JABEL
Corporation/
Abra Mining
Industrial
Cor-ASEAS
5(2)
340 341
poration
(AMIC
-for smallscale
mining-the
66
Response:
Company
Recommendation
s
Source of Data
zm/Cultural%20Impa
cts%20of%20Mining
%20in%20Indigenou
s%20Peoples%E2%
80%99%20Ancestral
%[Link]
Marina Wetzlmaier
(2012). Cultural
Impacts of Mining in
Indigenous Peoples
Ancestral Domains in
the Philippines
ASEAS-Austrian
Journal of the SouthEast Studies 5(2)
335-334
Economic
(Mt. Province)
Environment
-water/aquatic
(Rapurapu, Albay)
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
community
protested on
outsiders for
destroying
their land
Employment
Response:
Company
Benguet
corporation
reopened the
Acupan mines
thru a
partnership with
a small scale
miners (Acupan
Contract mining
Project)
DENR Secretary
Michael Defensor
signed a Cease &
Desist Order
against LPI &
levied a fine of
approximately
US$200,000.
Pres. Arroyo
assigned UP to
do the
independent
study & formed
independent
commission
headed by Bishop
Bastes to assess
the overall
- local
officials,
fisher folks,
NGOs, &
church
workers
staged a
fluvial rally
to oppose
the LPI
operation.
67
Recommendation
s
Source of Data
[Link]
com/s/c73ohujibfi4wq
e/Enhancing%20Dec
ent%20Work%20Out
[Link]
Maria Isabel D. Artajo
(2012),
Enhancing Decent
Work Outcomes in
Small-Scale Gold
Mining,
ILS Discussion Paper
Series 2012
[Link]
com/s/fsl287ujjtrjiaz/
Environmental%20Sa
feguards%20&%20C
ommunity%20Benefit
s%[Link]
Jeffrey Stark,
Jennifer Li, &
Katsuaki Terasawa
(2006),
Environmental
Safeguards &
Community Benefits
in
Mining: Recent
Lessons from the
Philippines. USAID
Governance
Although Philippine
government has
remained sensitive to
concerns of
stakeholders in
mining issues, it has
not been able to raise
much-needed
revenues from mining
contracts.
Mining Industry
Coordinating
Council created
to implement
industry reforms
& dialogue with
stakeholders &
review all existing
mining-related
laws & rules.
Executive Order
79 passed-An Act
institutionalizing &
implementing
reforms in the
Philippine mining
sector providing
policies &
Governance
Response:
Government
situation with
regard to the
resumption of
LPIs mining
operation.
-UP dispelled the
fear of remaining
mercury &
cyanide in fish &
water.
-the commission
held for the
permanent
closure of the
mining.
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
When mining
reforms fail bizlinks
by Rey Butch
Gamboa
(The Philippine
Star)
Updated January 28,
2014 - 12:00am
[Link]
m/business/2014/01/
28/1283669/whenmining-reforms-fail
Sunday Essays:
Mining
Consequences
Published: Saturday,
August 31, 2013
Earl Jon N. Africa
[Link]
68
Response:
Government
guidelines to
ensure
environmental
protection &
responsible
mining in the
utilization of
mineral
resources.
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
[Link]/weekenddavao/2013/08/31/su
nday-essays-miningconsequences300759
Issue 1:
Mining poses
tremendous risks to
life & limb, not only to
miners but to the
community as well:
1. Occupational
health hazards posed
by mining to workers
are exposure to
intense heat, poor
ventilation, vibration,
dust, fumes,
repetitive stress
injury (RSI), intense
noise, manual
hauling (e.g. lifting) of
heavy machinery &
biological/chemical
hazards.
2. Miners usually
have fluid & salt
deficiency due to
constant sweating,
increased stress on
the heart, heat
stroke, opacity of the
lens & reduced
1. Monitoring
capacity for OHS &
working conditions
of mines & other
enterprise in
general should be
increased &
widened to make
timely & pro-active
intervention.
2. Health & Safety
Education should
be given primacy
to create culture of
safety among
workers.
3. More research &
related literature
on OHS in Mines
should be done &
supported.
Although there are
existing studies,
compared to
papers & materials
focusing on the
environmental
effects of mines,
69
Mining in the
Philippines & the
effects on
Occupational Health
& Safety of Mine
Workers
Submitted by Institute
for Occupational
Health & Safety
Development
(IOHSAD) on Fri,
11/24/2006 - 4:31pm
[Link]
/11/06/mining/miningphilippines-&-effectsoccupational-health&-safety-mineworkers*
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
informative &
substantive studies
on OHS in Mines is
far behind.
70
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
materials causes
back troubles leading
to acute pain.
Issue 2: the
Philippines signed
ILO convention 176
to regulate & monitor
occupational health &
safety in mines.
Report by the Bureau
of Working
Conditions (BWC) in
2000: only 59
accredited working
conditions inspector
tasked to monitor &
inspect more than
700,000 registered
enterprises, including
mining companies.
Eco-labor &
displacement
(Cebu, Leyte/ Davao
del Norte)
1. Consolidated
Mining Development
Corporation.
-Impact of copper
tailing pollution
-impact of Atlas on
the labor force of
Toledo
[Link] Davao
Mining Corporation in
New Leyte &
Amakan, Maco,
Davao, del Norte
-Displacement of
residents
Tenants of
hacienda in
Magdugo
sought
compensatio
n from Atlas
for crop
losses on
the l&
polluted by
copper
tailings.
71
Workers staged
a strike in 1996
against the Atlas
Mining due to
low wage.
Mc Andrew, John P.
(1999/), The Impact
of Corporate Mining
on the Local Phil.
Communities: The
Cases of North
Davao Mining, APEX
mining, Benguet
corporation & Black
Mt in Davao del
Norte, & of Atlas
Consolidated Mining
& Dev. Corp in
Toledo, Cebu
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
2. At first the
residents in
New Leyte &
Amakan
determined
not to leave
their lands;
Later they
were
persuaded &
accepted the
compensatio
n payment
from the
NDMC.
Payment
ranges from
Php15, 000
to Php50,
000 per
legitimate
claimant.
72
Response:
Company
Recommendation
s
Source of Data
Environmental
(Davao)
Mercury pollution
(Compostela Valley &
Response:
Government
Dec. 1979-May
1980.
- The Mayor &
Sangguniang
Bayan of New
Bataan wrote an
open letter to
Sabena Mining
Corp appealing to
reconsider the
residents of
Camanlangan &
free them from
being displaced.
-The chairman of
NPCC testified
before the
Batasang
Pambansa
Subcommittee on
Envl Pollution that
Sabena
operations
brought pollution
in the Batutu river
irrigation system.
1. According to
the key
informants, there
was no serious
monitoring done
by the LGU &
National
Government re
mercury pollution.
Responses
Response:
Response:
NGO/CSO
Community
3. Farmers
of
Compostela
& New
Bataan
complained
tailing
pollution
brought river
pollution,
siltation &
thus,
destroyed
1,000
hectares of
young rice
plants.
Response:
Company
Recommendation
s
Source of Data
[Link]
com/s/c3i1bpis88f3y
wz/Mercury%20Pollut
ion%20Due%20to%2
[Link].
Danilo C. Israel &
Jasminda P. Asirot,
Mercury Pollution
Due to Small-Scale
Gold Mining in the
Philippines:
73
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
An Economic
Analysis, Research
Paper Series No
2002-02
Environment
(Zamboanga del
Norte)
Social
Economic &
Governance
(Nueva Vizcaya)
Overflow of Philexs
silt dam due to heavy
rain.
( Lipay, Zamboanga
del Norte)
1. No proper
compensation for the
land use.
2. Bribery on
barangay officials for
favorable approval of
mining (Climax
Arimco Mining
Corporation) in the
locality (Didipio,
Nueva Vizcaya).
The DENR
ordered Philex to
create a
monitoring team
as part of its
Environment
Compliance.
DENR suspended
the mining
operation of
Philex due to
mercury &
cyanide pollution.
Regional
Development
Council (RDC) of
Cagayan Valley
issued a
Resolution # 0234-2000
Rejecting the
Proposal of
CAMC to operate
the Didipio
Gold/Copper
Mining Project.
Polluted
fishing
dependent
communities
complained
to the govt
on the
pollution of
the
Murcielagos
Bay & called
upon the
DENR to
stop Philex
mining
operation.
The antiCAMC
section of
Didipio
population
organized
Earth Savers
Movement
Association
(DESAMA)
to initiate
campaign
against the
CAMC
mining
74
[Link]
com/s/nls2qmn6nqho
5a3/Mining%2Bor%2
BFood%2BCase%2B
Study%[Link]
Robert Goodland &
Clive Wicks (2008),
Mining or Food?
Case Study 2:
Copper & Gold
Mining Zamboanga
del Norte, Mindanao
Island, Working
Group on Mining in
the Philippines , UK
.[Link]
com/s/839xt6knd8q5
xyo/When%20the%2
0%E2%80%98Isles%
20of%20Gold%E2%8
0%99%20turn%20int
o%20Isles%20of%20
[Link].
Raymundo D.
Rovillos
Salvador B. Ramo
CatalinoCorpuz, Jr.,
the Isles of Gold
turn into Isles of
Dissent:
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Acceptability; 2) That project.
the Project is located DESAMA
inside the Addalam
submitted a
River Watershed.
petition to
30-member
the
Association of
COMELEC
Barangay Captains of invoking the
Kasibu, Nueva
power of
Vizcaya, representing initiative.
all 30 barangays of
the municipality,
signed a joint
resolution
Requesting the
Sangguniang
Bayan Members Not
to Endorse the
Didipio Gold/Copper
Mining Project of
CAMC & to spare
the entire
municipality from any
mining application.
Entire Kasibu
Municipal Council
issued Resolution
156 series 2002
Denying
the Request of the
Sangguniang
Barangay of Didipio,
Nueva Vizcaya for
the Endorsement of
the
Proposed Didipio
Gold/Copper Project
of Climax Arimco
75
Response:
Company
Recommendation
s
Source of Data
A Case Study on the
Philippine Mining Act
of 1995
Economic-Agriculture
Adverse effect of
mining on the
livelihood of rural
areas in the
Philippines,
particularly the
communities that rely
on fishing &
agriculture.
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Mining Corporation.
In 1998, the
CBCP
issued an
official
statement
demanding
the repeal of
the Mining
Act.
-CBCP
called
Arroyo
government
to cancel all
concessions
& deny
applications.
-Individual
bishops
have been
crusading
against
opening
mining to
foreigners,
criticizing
mining
companies,
&
blaming the
industry for
deaths in
natural
disasters.
-National
organization
76
Response:
Company
These
vulnerable
population turn
for help to
specific
municipalities or
province (LGU),
& other civic
organizations.
They also found
help in the
Roman Catholic
Church or the
CBCP.
Recommendation
s
Source of Data
[Link]
com/s/doggafphkmu8
4kg/The%20trail%20
of%20mining%20law.
pdf
March, Minerva
Chaloping, The trail
of a mining law:
resource
nationalism in the
Philippines, Paper
read at the
conference on Mining
& Mining Policy in the
Pacific: History,
Challenges
& Perspectives, 2125 November 2011.
Noumea, New
Caledonia.
Health
(Cotabato)
[Link]-scale mining
in South CotabatoTboli miners
-impact on health due
to poor working
Condition.
-low educational
attainment of
children.
(380 pupils in
DESAWO
Elementary School
30% of grade 1 pupil
will make it to grade
6.)
-lack of basic
services in the area.
(Abra)
2. Benguet-smallscale mining.
-health-women suffer
respiratory deceases
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
s allied with
Bayan.
-BAYAN
takes a
political
position
during
elections &
represents
peasants,
industrial
workers,
indigenous
peoples, &
others.
Response:
Company
Recommendation
s
Source of Data
1. Enacted local
ordinances to
rehabilitate the
areas damaged
by mining
activities,
Ordinance No. 4,
Series 2010, E.O
No. 12, Res No.
144, series of
2003. he Prov
Mining
Regulatory Board
(PMRB) enforces
the total ban
of all hydraulic
mining, panning &
amalgamation
operations.
[Link]
com/s/d7vgd8abzzosl
o0/Small%20Scale%
[Link]
Vidal, Aida T. 2005.
A Background Study
on the Small-Scale
Gold Mining
Operations in
Benguet & South
Cotabato & their
Impact
on the Economy, the
Environment. The
Alternate Forum for
Research in
Mindanao (AFRIM).
2. Low revenue
collection in
The Community
Bantay Kita, Bantay
77
Socio Cultural
IPs & Governance
(Mindanao)
Response:
Government
Benguet
attributed to the
fact that smallscale mining is a
traditional
livelihood in the
province. The
government has
no specific local
tax ordinances.
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Kita Occasional
Paper Series No.
2012-02
Opposition of the
Roman Catholic
Church in Mindanao
to govt. eorts to
attract foreign
investment by
mining corporations
on the ff. grounds:
1. Displacement of
the indigenous
peoples.
2. Militarization of
areas where mining
projects are located.
3. Pervasive
corruption impeding
implementation of
responsible mining in
the Philippines.
4. Source of
materialism in society
5. Degradation of the
environment which
,in turn, becomes
livelihood & power
issues in the society
Advocate
activities, such
as nonferrous
metals mining,
to be used as a
means of
protecting the
environment.
Ecclesial Opposition
to Mining on
Mindanao:
Neoliberalism
Encounters the
Church of the Poor in
the Land of Promise
William N. Holden &
R. Daniel Jacobson
Department of
Geography/Program
of Environmental
Science, University of
Calgary,
2500 University Drive
N.W., Calgary,
Alberta, Canada T2N
1N4
wnholden@ucalgary.
ca;
[email protected]
a
78
1. Corruption
2. Many of the
proposed new mining
sites are in areas of
conflict, including
Mindanao.
3. Mining in the
Philippines is being
developed at a speed
& scale which likely
to cause massive
long-term
environmental
damage & social
problems.
3. Although the
Philippines has
strong laws designed
to protect the
environment,
communities &
indigenous peoples,
the law is viewed as
a mere technicality to
be circumvented
where the
investments are
concerned.
4. Human rights
abuses &
misreporting are
associated w/ current
mining activities.
5. Asking consent
from the IPs where
dev. takes place w/n
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
1. The religious
sector of mining
oppositionists
includes Catholic
clergymen,
particularly the
politically influential
Catholic Bishops
Conference of the
Philippines (CBCP)
that raised a moral
issue in regard to
mining: the land must
not be defiled, the
environment
protected & the
disadvantaged
sectors particularly
the indigenous
peoples must not be
displaced.
2. BAYAN (Bagong
Alyansa Makabayan),
a leftist supraorganization that
coordinates mass
movements, seek
involvement in any
constituency of
resistance that they
can identify.
79
Response:
Company
Recommendation
s
Source of Data
a. Government
1. Demonstrate
that it adheres to
its own laws & intl.
mining best
practices &
standards by
immediately
canceling all
current mining
applications w/c
will
cause major envl
damage to critical
watersheds, ecosystems,
agriculture or
fisheries & result in
social disruption,
such as those in
Midsalip. Evidence
of serious
inadequacies in
consultation &
consent
processes.
2. Ensure
regulation &
redress
3. Establish an
independent
mining review body
involving civil
society & affected
communities, with
the power to
Mining in the
Philippines:
Concerns & Conflicts
Report of a FactFinding Trip to the
Philippines
July-August 2006
Copyright Columban
Fathers 2007
First Published 2007
by Society of St.
Columban, Widney
Manor Rd., Knowle,
Solihull B93 9AB,
West
Midl&s, UK
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
the
ancestral domain is
obtained thru
misinformation,
misrepresentation,
bribery & intimidation.
6. The (NCIP),
according to the IPs
failed to protect their
rights.
7. World Bank fails to
assist w/ the
countrys steps to
sustainable
development &
abide by obligations
to its own mandate &
obligations
under intl human
rights law.
Response:
Company
Recommendation
s
recommend
cancellation of
mining licenses.
4. Provide
independent
technical & legal
advice & support
to communities &
IPs
throughout the
mining application
phase in both the
FPIC & ESIA
processes & where
licenses are
granted
5. Upgrade &
restructure the
DENR to focus
exclusively on the
protection & dev.
of the environment
& renewable
natural resources.
6. Strengthen legal
frameworks for
sustainable dev.
by empowering
govt
depts, covering
health agriculture
& tourism, to
enforce standards
& take appropriate
action where
mining projects
threaten nat'l.
80
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
strategy for
sustainable devt.
7. Establish an
inter-departmental
coordinating
committee to
approve all
extractive industry
projects. To
ensure
transparency &
accountability civil
society
participation at
committee level
would be required.
8. Empower local
communities & civil
society to explore
& pursue all
avenues available
w/in the law, at
local natl. & intl.
levels, to register
their concerns &
aspirations & seek
redress for wrongs
caused by mining
operations.
9. Sign up to the
Extractive Industry
Transparency
Initiative (EITI) &
publish details of
all payments,
taxes & royalties
made by mining
81
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
companies.
Implement EITI in
accordance with
the EITI criteria,
ensuring
participation by
self-selected
representatives of
civil society at
each stage of the
process.
b. Environmental
concern &
sustainable
development
1. Protect
biodiversity &
apply the
Precautionary
Principle to any
mining or other
high impact
development to
ensure that they
only proceed
where there will
not be significant
negative impact on
the lives of the preexisting
population, the
environment or the
ability of future
generations to
meet their needs.
2. DENR should
82
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
conduct regional
Strategic
Environmental
Appraisals (SEAs)
with independent
technical support &
effective
participation of civil
society.
c. International
Governance
1. Govts. establish
binding
frameworks to
regulate mining, &
ensure access to
courts & other
effective
mechanisms of
redress w/in the
home countries of
transnational
mining companies
& the financial
institutions that
support them.
2. WB should
assist w/ the
countrys
sustainable dev by
providing technical
& financial support
for the protection &
dev. of renewable
resources,
sustainable
83
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
activities & poverty
reduction
programs &
support Strategy
Environmental
Appraisals (SEAs)
of the key islands
& regions affected
by mining.
d. Human Rights
Issues
1. Address human
rights violations.
2. Implement laws
to protect
communities-necessitates
independent
monitoring of the
processes of
determining FPIC
& community
consent.
3. Ratification of
international
treaties.
e. Financing
1. Mining
companies & the
investor
community are
urged to exercise
extreme caution in
funding any mining
operations in the
84
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Philippines until
effective
structures, laws &
controls are in
place to protect the
environment &
human rights.
2. Financial
institutions are
encouraged to
adopt & adhere to
the Equator
Principles, &
governments in the
EU & other major
investor countries
to ensure that
public money is
not invested in
ways which
support
irresponsible or
damaging mining
projects.
3. Adequate bonds
commensurate
with the potential
impact of mining
should be required
to fully cover
potential damage
& end-of-life envl.
& social costs.
[Link] govt attracting
foreign investments
in mining, but some
local governments
85
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
impede the
implementation of the
Mining Act.
2. The poor natural
resource-dependent
communities that rely
on fishing &
agriculture are the
ultimate recipients of
the adverse effects of
mining, both direct &
indirect.
1. The experience of
local communities in
mining:
dispossession
& displacement;
threatened
livelihoods;
infringed on
watershed
areas, denuded
Source of Data
*Paper read at the
conference on Mining
& Mining Policy in the
Pacific: History,
Challenges
& Perspectives, 2125 November 2011.
Noumea, New
Caledonia.
1. Guidelines for
the Free, Prior &
Informed Consent
(FPIC) currently
applied by the
National
Commission for
Indigenous
Peoples
(NCIP) are also
Civil society
organizations have
protested, filed legal
cases against mining
companies &/or govt.
agencies
perceived
to have facilitated the
operations of mining
companies w/out
1. Enterprises
are also liable
for a number of
tax obligations
to LGUsbusiness taxes,
real property
taxes &
community
taxes.
86
1. There is a need
for further study on
the system of
estimating
potential tax
collection, verifying
these estimates &
taking action when
there is failure to
realize them.
Response:
Government
being reviewed
by the
Congressional
Committee on
Indigenous
Cultural
Communities.
2. DENR-MGB
recently
recommended to
the President that
all mining areas
be declared as
mineral
reservation areas
in order to subject
companies to the
5% royalty.
Responses
Response:
Response:
NGO/CSO
Community
exercising due
diligence.
87
Response:
Company
Transparency
issues in the
Philippine
Mining Industry.
2. Additional
fees &
expenditures are
required of
large-scale
mining
contractors for
the purpose of
envl protection.
3. Contractors
are also
required to
establish a Mine
Rehabilitation
Fund to ensure
the availability of
funds for
compliance w/
envtl.
commitments
stated in the
EPEPs.
4. Contractors
are charged per
metric ton of
mine waste &
tailings created
by their
operations.
5.
Recommendation
s
Source of Data
Environment &
Socioeconomic
(Mindanao)
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
1. Ratel will
develop a
detailed
Environmental &
Socio-Economic
Baseline Study
Plan for the
Response:
Company
1. Will conduct
preliminary
mitigation
measures
through
Progressive
Rehabilitation/
88
Recommendation
s
Source of Data
Response:
Government
King-King project
through an
international team
led by AATA
International, Inc.
(AATA),
headquartered in
Denver,
Colorado, USA
Responses
Response:
Response:
NGO/CSO
Community
2. Social &
Community
Management to
include
Resettlement
Action Plan;IP
Plan;
Community Devt.
Plan; Cultural
Resource Mgmt
Plan; Public
Consultation &
Disclosure Plan.
Response:
Company
Restoration of
Areas
directed
towards meeting
stakeholder,
legislative, &
corporate
requirements.
Recommendation
s
Source of Data
Instrument 43-101 Of
The Canadian
Securities
Administrators
Prepared For
Ratel Gold Limited
& Russell Mining &
Minerals, Inc.
Prepared by
Independent
Mining Consultants,
Inc., October 12,
2010
Issue 3 Potential
Ecological Impacts:
Large acreages of
land would be
affected by the mine
operation,
particularly by the
open pit, non-ore
89
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Continued local
resistance by the
local Subanen & nonSubanen residents &
neighboring
municipalities to
oppose the mining
activities at
Canatuan, Siocon.
The national
government & the
MGB are keen to
fully implement
the Philippine
Mining Act of
1995 in
Canatuan.
Task Force
Detainees of the
Philippines (TFDP) is
among the first to
respond the issues of
the Subanen in
Canatuan that later
paved the way for the
creation of DIOPIM
Committee on Mining
Issues (DCMI).
Through DCMI &
other NGOs, the
SSAI were able to
tap the support of
local & international
organizations that
resulted to SSAIs
efforts to pursue the
conversion of their
CADC to CADT.
Economic
displacement of the
local Subanen &
SSMs from their
sources of livelihood
Resource Kit on
Mining Issues in
Mindanao
by Aida T. Vidal,
Alternative Forum for
Research in
Mindanao, Inc., 1st
AFRIM Edition, 2005
Containment of food
& supplies
90
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
The presence of
Taganito Mining
Corporation has not
radically altered the
agricultural
production of the
farmers in the area
since the mining site
is very far from the
farmlands.
Assisted the
host community
through
Livelihood
Program &
projects like
installation of
water refilling
station, family
enterprise
project, rice
brokering
(wholesaling &
retailing of rice),
general
merchandise,
vegetable
demonstration
farms, hog &
poultry raising,
agri-vet supplies
retailing, welding
& vulcanizing
shop, family
enterprise &
public market
funding.
Fishing activity is
affected. During
heavy rains & storms,
laterate soil creates
landslides that cause
devastation to
farmlands & the
coastal areas
become muddy due
to pollution that the
mining companies
produce.
Some coastal rice
fields & coco land
areas were converted
into mine tailing
91
Corporate Social
Responsibility of
Taganito Mining
Corporation in
Claver, Surigao del
Norte
John Vincent C.
Espenido
Unpublished
Undergraduate
Thesis
Department of
Sociology, MSU-IIT
October 2013
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
ponds.
The Mamanua
suffered severe
poverty & deprivation
due to the entry of
logging & mining in
their ancestral
domain. They were
deprived of their
rights over their land
as they had never
been part in the
consultation &
decision-making
process.
Response:
Company
*Assisted the
host community
through
employment
program,
education &
capacity building
program.
Recommendation
s
Source of Data
*Assisted
through facility
infrastructure
program
*Assisted
through health
care services,
nutrition, &
sanitation
program
*Initiated
environmental
protection &
rehabilitation
program
*Make sure that
there is
information,
communication
& education
program.
Environmental and
Socioeconomic
(Brgy Binuangan,
Tubay , Agusan del
Changes in the
womens involvement
in fishing activities
since the start of the
Government has
given them
fishing equipment
so as they can go
In case of
seasons
where it is
not possible
92
Impacts of Mining in
the Fishing
Community of
Barangay Binuangan,
Response:
Government
on fishing trips.
Gave animals to
be taken care of
& use it as capital
to sell
Responses
Response:
Response:
NGO/CSO
Community
for them to
catch fish,
women
would go to
the
mountains &
plant crops
instead.
93
Response:
Company
Recommendation
s
Source of Data
Tubay, Agusan del
Norte (2004-2012)
Catherine S. Gomez
Vanessa Kyle A.
Llamar
Rachelle Marie
Rosales
Unpublished
Undergraduate
Thesis
Department of
Socio., MSU-IIT
October 2012
Response:
Government
Since 1989, the
Subanon of Mt.
Canatuan has
been protesting
against mining on
the mountain.
Despite the
inalienable rights
of the Subanon
who have tilled &
lived on the land
for centuries, the
Philippine
government has
continually
chosen to side
with Toronto
Ventures Inc,
Resource
Development
The mining
operation of
TVIRD evicted
more than 300
families,
threatened
farmlands &
water resources
of Siocon &
desecrated Mt.
Canatuan, the
Subanons sacred
mountain.
Responses
Response:
Response:
NGO/CSO
Community
1. Church
Subanon
*Organized DIOPIM
people of Mt.
or Dipolog, Ipil,
Canatuan
Ozamis, Pagadian
have been
Iligan, Marawi
opposing
Dioceses whose
mining
advocacy is to work
activities
with mining affected
since the
communities in order 80s.
to protect their
families, their
Signed
livelihood from the
petitions
destructive effects of both from
mining.
the Subanon
& other
*Educate the
support
community about
groups have
mining, the
been sent to
environment & their
government
rights.
agencies,
lobbying &
*Seek dialogue within other legal
the community &
means had
assist those who
been utilized
would otherwise have by the
trouble making their
people.
voices heard.
Subanon people
94
Response:
Company
Recommendation
s
Source of Data
Mining in Mt.
Canatuan, Siocon,
Zamboanga del
Norte: Patterns of
Collective Responses
of the Subanon
Nita AkiatanManabilang
Unpublished Special
Project
Masters in Socio
MSU-IIT
March 2008
Response:
Government
& the
environment were
affected by the
mining operation
but also people in
the downstream
communities.
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Since start of
mining operation,
there was a slow
death of rivers &
sea.
Environment, Cultural ,
Political &
Socioeconomic
(Sitio Punta Naga,
Cagdianao, Claver,
Surigao del Norte)
Mamanua were
affected after their
resettlement in terms
of mining in the
economy, politics,
religion, language &
education & health
aspect.
Provided
concrete houses
for the resettled
Mamanua.
*Built school
building, church
building, health
center,
Economy
*The Mamanua no
longer practice
hunting due to the
noise & disturbances
created by the mining
companies which
made the wild
animals moved from
the area.
*After the
resettlement, the
value of money for
the Mamanua
changed.
*Extended basic
services such
as water source,
electricity &
power source,
educational
opportunities
95
From Dait-dait to
Resettlement: The
Impacts of Mining
Among the Resettled
Mamanua in Sitio
Punta Naga,
Cagdianao, Claver,
Surigao del Norte
Kimberly M. Dantes
Tina Abigail B.
Purganan
Shem A. Tuazon
Unpublished
Undergraduate
Thesis
Department of Socio
MSU- IIT
October 2013
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Political
* There is now a
change in the
process of selecting
a leader & their
preference of the
present political
structure
which is democratic
& participatory in
nature
Before resettlement,
the selection of the
tribal leader would be
decided from the
elders of the
community & the
Baylan through his or
her dreams.
*Weakening of
traditional bonds of
kinship & customary
laws
Geo-physical
environment
*Due to mining
activities, the soil
becomes infertile &
the Mamanua can no
longer plant in the
barren areas.
*In terms of the
moisture soil, it is
now parched due to
96
Response:
Company
Recommendation
s
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
Economic
*Confiscated several
commodities for sale
by some owners of a
sari-sari store in
Canatuan
*Checkpoints
prevented the people
from selling their
products & bring
goods to their
houses- food
blockade
*houses were
demolished
*prevented from
planting root crops,
bananas, coconut,
rubbers & the like
*damaged &
destroyed coconuts &
bananas
*husbands have to
work in the citymany kilometers
Mining in Mt.
Canatuan, Siocon,
Zamboanga del
Norte: Patterns of
Collective Responses
of the Subanon
Nita AkiatanManabilang
Unpublished MAS
Department of
Sociology
MSU-IIT
March 2009
97
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
98
Response:
Company
Recommendation
s
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
*Livelihood of
farmers & fishermen
are affected by
pollution.
*The mining industry
not only affected the
Subanon people in
the downstream
communities mostly
those who are
engaged in fishing.
There is now scarcity
of fish.
Political
*Used of coercion
*Checkpoints
prevented the free
movement of the
Subanon in the area
*Numerous incidents
of harassments &
frustrated murder
*Prevented access to
usual roads
Sociocultural
*Subanon had been
displaced from their
homelands
*Communities were
driven out from Mt.
Canatuan &
prevented from
conducting rituals on
the sacred grounds
*People were
99
Response:
Company
Recommendation
s
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Source of Data
displaced/evicted
from their homeland
&
*Suffered hunger,
sicknesses & even
death
*Feared that no l&
could be inherited by
the next generation
There are 4 major
areas to consider in
deciding whether an
area may be
considered a No-Go
Zone or a Go-Zone.
These include 1)
Fragile and NonFragile Ecosystems:
Irreversibility of the
effects on fragile
ecosystems some
conservation units
such as national
parks, biosphere
reserves and world
heritage sites; 2)
Food Security:
Increasing the threat
to life through
depletion of water
and food resources in
areas of marginable
resources; 3)
Disaster Risk:
Increasing the
magnitude and
exposure of poor
Establishing a No Go
Zone Policy in the
Philippines: Issues,
Concerns and
Guideposts (A
Working Draft). 2012
by Alyansa Tigil Mina
100
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
communities to
disaster risk; and 4)
Intensified Conflict:
Increasing the
exposure of
communities and
employees to the
risks of armed
conflicts and increase
the number
unresolved rights
abuse that worsens
the situation of
impunity.
Sociocultural:
The prime social and
cultural issues tend
to fall into the
following interlinked,
areas: economic,
women and mining,
internal conflict,
cultural and spiritual
impacts, and human
rights violations
Health:
Tuberculosis and
other lung diseases
are the common
illnesses of miners in
the Atlas
Consolidated Mining
in Toledo, Cebu.
There are also rare
cases of gas
Response:
Company
Recommendation
s
Source of Data
101
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
Response:
Company
Recommendation
s
Socio-cultural:
Displacement and
violence against
indigenous
communities due to
mining operations
and expansion.
In recent times,
mining development
and expansion of
large-scale
agricultural
enterprises threaten
the security and
future of the lumads
in their ancestral
lands. Their
resistance to these
forms of development
aggression are met
with state-sponsored
and privately-funded
violence
The Case of the
Banwaon Evacuees
of Balit, San Luis,
Agusan Del Sur
Source of Data
of Atlas Consolidated
Mining and
Developmen
Corporation in
Toledo, Cebu
After months of
encamping in
their evacuation
center where
scores have died
and got sick, the
Banwaon Bakwits
of Balit, San Luis,
Agusan del Sur
was able to return
home last March
18, 2015 as
military officials
promised to pull
out from civilian
facilities and
cease camping
near populated
areas.
On January
23, 2015,
174
Banwaon
families went
on a
massive
exodus from
their
ancestral
lands to the
village
center of
Balit. They
came from
14 sitios
from four
barangays of
the
Municipality
of San Luis.
The
evacuation
caused the
deaths of
102
Mc Andrew, John
(1999)
Dumas, Mary Louis
(2014), Salt of The
Earth, Iligan City:
Rural Missionaries of
the Philippines.
N/A
[Link]
/03/16/statementbalit-mission
N/A
14
2
3
13
31
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
rights violations and
three
undertook psychochildren and
social interventions
the spread
and established a
of various
health clinic during
illnesses that
the two-day affair.
afflicted
hundreds of
women, the
elderly, and
children in
the
evacuation
center.
1
1
3
5
1
12
2
1
After months
of
encamping
in their
evacuation
center where
scores have
died and got
sick, the
Banwaon
Bakwits of
Balit, San
Luis, Agusan
del Sur was
able to
return home
last March
103
Response:
Company
Recommendation
s
Source of Data
Response:
Government
Responses
Response:
Response:
NGO/CSO
Community
18, 2015 as
military
officials
promised to
pull out from
civilian
facilities and
cease
camping
near
populated
areas.
104
Response:
Company
Recommendation
s
Source of Data
This section contains the salient points from interviews conducted with selected government
officials as key informants:
Informant 1: Assemblyman, Member of Lower House/Congress,
September 17, 2014, 10:00-12NN
Mining Issues
As an LGU official for almost a decade, the assemblyman acknowledged the prevalence of
mineral resources in the country and its contribution to the economy. He expressed his
enthusiasm for mining development in the country, particularly in his region. While there is
observed prevalence of rampant small-scale miners who eke out a living from ore extraction,
their activities are unregulated, the income generated from which is not registered,
notwithstanding environmental destructions. Mining industry is actually a new industry and
there are many gray areas or loop holes of the old law where the industry can take advantage
of.
It was underscored by the congressman that banning mining is not apparently the answer and
the more it is banned, the more it cannot be regulated. If the government is not prepared, there
will be tolerance of illegal small-scale miners. From field observations, there are gold-buyers
estimated to be between 6kg to 20kg per month from illegal sources. This speaks of weak
governance structure indicating frail institutions to execute the law. Apparently, the local
governments do not have the teeth to enforce the law. It is difficult to pinpoint responsibilities.
On the other hand, when the license is required, there are corresponding responsibilities. In this
sense, more regulations should be done by the executive branch.
Most importantly, it has been his observation that ores are being extracted out of the country. It
is his strong position that the extraction process be done within the country to
maximize/enhance the benefits considering that the GDP derived at present is very minimal.
This is value-adding where the essence is to leverage better and optimize the value of
resources. For instance, it was cited that 48% iron is the requirement but nickel is also being
included and brought out. This is an appropriate way to attract investors who are capable of
doing it with capacity to invest on a long-term basis. This necessitates constitutional amendment
of the 1995 Mining Bill Act to include sharing for the benefit of the next generation and the
county in general. This bans the export of unprocessed mineral ore to encourage growth and
develop capacity for mineral processing. This means transformation of extracted primary
mineral or mineral ores to a higher quality and quantity of processed minerals to result to the
value-adding and eventually creating more jobs and increase in domestic revenues in terms of
taxes or duties. In this context, House Bill 4728 has passed the first reading at the House of
Congress entitled An Act Providing for the Mandatory Domestic Processing of All Mineral
Resources. The congressman opined that it is for the good of the country to craft the law and to
have a research center for mineral industry.
He expects lobby support from those taking a position against mining. However, he expects the
bill will get the ire of the big business. There may be oppositions from the Chamber on the
ground that there will be additional capitalization/investment and those with funds may be
sidelined. The natural resources committee may also oppose it so as to secure the interest of
mining companies. It is a proposition to introduce incentives such as tax holidays along with
responsible mining. At the end, it was posed, how the academia could help. It was deemed
necessary to undertake research on mining industry to inform the leaders so as to dispel
ignorance about the mining industry.
Informant 2: Assemblyman, Member of Lower House/Congress
September 17, 2014 [Link]PM
105
Mining Issues
As embodied in Executive Order 79, the issuance of exploration permits is rigid providing for the
no-go zones and referring to areas which should not be subjected to exploration. For instance,
in Surigao, a mining company that applied for 3,500 hectares and included in the no-go zone
incurred heavy expenses for the application and gone through the FPIC process. Questions
were raised on why mining industries have to spend millions even in the application for
exploration stage when there is uncertainty as to substantial amount of mineral deposits in the
applied area. Thus, he opined that the mining industry cannot be improved because of very
restrictive policies.
There exists a final draft of MICC, but this was not officially filed yet in congress. Regarding the
proposition to improve additional taxes, it is only 10% adjusted earnings and currently, there is
only 2% excise tax. In areas mostly covered by mineral reservation mostly in Mindanao,
practically in Surigao provinces, there is additional percentage. If the draft will be approved,
there would be 10% windfall profits. The minerals being owned by the state must have a share
and for mining investors, big investment must have a commensurate return.
Big risk was mentioned such as the case of Silangan mines, a sister company of Philex
Company that was owned by Pangilinan, a high ranking official in the country. Having
exhausted the mines, they reportedly utilized old tailings. About PhP1.5B dollars was the
original target in 2017 to operate the gold mining company. It was reported that they were then
digging 100 kms down when they accidentally hit an area that produced a problem on strong
water intrusion. Until now, they could not trace and discern where the water comes from. This
necessitates the hiring of new group of consultants. This has technical implications and risks
since water keep coming out. The resort is to adopt an open pit, which is not environment
friendly.
Environmental degradation and hazards pose interesting challenges. Two cases have been
pinpointed. Case 1: From Siargao, Bucas Grande, on a small boat/banca, you can see the
mountains becoming bald in Placer, Claver. Inevitably, one can compare the difference from
Siargao where it is all green as against mining areas full of dust and chocolate-like seas due to
serious sedimentation. But these mining companies are already in place that necessitates
monitoring to check compliance to regulatory standard.
Case 2: Nickel processing plant in Taganito, Claver. The presence of bad smell was subjected
to investigation. While the company alleged that this is no cause for alarm, it calls for a scientific
endeavor and tie-up with the academia. This apparently needs facilities and equipment to
effectively carry out the scientific undertaking.
Another issue pertains to LGU hosting the mining companies. The LGUs cannot get share in
ones term as congressman when (under the law it has 40% share under national government)
considering that this will take a long period of time, that is about 2-3 years, for the national
treasury to plow back the LGU share of funds.
Moreover, the presence of the indigenous peoples in the locality was posed as a problem. The
IPs are entitled to 1% royalty share. In the case of Taganito mining company in Placer, the
average amount received is PhP100M per year. But this apparently mainly goes only to the
leaders. The IP lawyers are also benefitted. This is mandated and appropriated by the national
government and the services of the lawyer are not necessary. It was also posted that the IP
community remains poor. And the ails and woes at the community level are mounting. There are
even no medicines for the constituents. It is a continuing question what happened to the million
shares.
106
The congressman further noted the problem of law implementation that while laws good laws
abound, the problem lies in the implementation. This is the governance aspect. It was cited that
there is an impending bill limited only to strategic minerals such as nickel, iron, copper,
chromite, and manganese. While there are two processing plants for nickel, what are exported
are the concentrates. While the whole ore is exported, only Nickel is charged. In this case, the
country is short changed and not fully benefitting from the mining industry. With respect to the
approval of the impending bill, doubt was cast as this will take time. At the House of
Representatives, there are anti-mining and pro-mining groups, but usually, it is the anti-mining
ones that usually attend hearings.
As a whole, mining is good if there is compliance with regulation and implementing bodies to
strictly monitor. It was declared that the office of the assemblyman is willing to coordinate with
research-related tasks.
Recommendations:
-
107
What is 50-50% today is only for FTAA (Financial and Technical Agreement). Two
agreements in mining: FTAA and Mineral Agreement.
Mineral agreements
1. MPSA
2. Joint venture: government has to put its equity
3. Co-production: government has to provide facilities and get involved in expenditure
Co-production and joint ventures are not very common. With these agreements, the
government has to invest. And since it has no money, it will always be on the MPSA (where
there is a private company coming in) where a lot of mining companies are. This is going to
be Filipino owned corporation, 60% should be Filipino-owned. Under the FTAA, there are
only six but this is only for the big companies. In FTAA, it can be 100% foreign owned.
The Tampakan, Oceana gold in Nueva Viscaya is the first and first one to operate. FTAA
has also some modes of sharing that has evolved from time to time. MGB has issued
different DAOs with different ways of sharing. The most current is 50-50% sharing. Basically,
revenue is less cost = net mining revenue (NMR), still going to pay excise tax, corporate
income tax, IPs all charges that the government requires where you total everything you
pay to government, if that is exactly 50%, then thats the 50-50 sharing. But normally, what
the company pays to the government is below the figure. For instance, 100M is the 50% but
you were able to pay only 60M, then you still need to pay 40 to make it 100M. This is the
current, 50-50 sharing. The government needs higher, but the industry is still looking at this
as too much.
3. Nationalistic aspect or patrimony of the nation: What belongs to the state, it should be
the people in the Philippines who will develop it. But we dont have the capability,
technology and capital, the reason why we need foreign investments.
In addition, the Philippines has the best resources in the world for some commodities. We just
had a five six years global mining boom but none of the major companies except Xtrata has
invested. When EO 79 was issued, they suspended new investments on mining until the new
regulation on sharing is passed (for the past 2 years). Prior to that, there were mines that were
committed even before five years. Some issues were the banning of open-pit mining For
example, the local government ban in South Cotabato. The reason why Tampakan did not go.
They had some discussions with LGU to reconsider this ordinance and even the national
government is pressing the LGUs to lift that ban because national policies do not really ban the
open pit type. National policies should always prevail over local ordinances is an issue that
needs to be resolved. But Tampakan is going to push through to develop that mine: its a big
mine and they have already invested a lot in exploration and social development.
In regard to the proposed bill, how are we dealing with those who are involved especially with
the private companies who do not feel how equitable sharing is being defined? When we crafted
this bill, they participated in doing simulations based on what we were proposing. So, they have
their data and they applied our tax structure and showed to us the results. Two indicators:
Average Effective Tax Rate (AETR) and Internal Rate of Return (IRR). How the IRR of mining
companies will look like if this will be the fiscal regime. They have their own model and they also
adapted our model. They have their assumptions, 20-year projection, projected cost, revenues.
They compute what will be the IRR and the government computes for the AETR which is
normally for the government. How much share is the government getting is measured through
the IRR. We need to take a close look at those two indicators. The industry said that its too high
for the government. Ours is just a very marginal IRR. First of all, the mining companies should
acknowledge that we are defining the structure. The structure is almost the same as FTAA, but
this time it is 55% government and 45% mining company. They put costs that are not maybe
directly related to mining because these are general/ administrative. The capping is 10% of the
mining, milling, processing cost - the bulk of mining operations cost. If you compare it with the
general administration, it is approximate to this cost or even lower. Depreciation is already part
of the operating cost. How much of that interest should be allowed? World Bank recommends
thin capitalization so industry should not depend so much on loans: 25 equity 75 loans for BOI
projects. On the part of the mining company, some say they can incur more loans since they
usually borrow from their affiliate companies abroad to avoid the abuse of charging too high
interest. Because interest rate is deductible, the implication is less tax to accrue to the
government coffers.
108
When EO 79 was issued, one of the units that were institutionalized was the creation of the
Mineral Industry Coordinating Council (MICC) a big council, theres no other council that
the government recognizes. We used to have a mineral council from DENR, but this was
abolished. MICC comprises cabinet ministers, NEDA, DENR, DOF, LGUs, DTI, DOST that
would looking into mining. It is in the EO 79 that a roadmap has to be crafted and lodged to
DTI. The council has four technical groups: 1. Economic concerns, 2. LGUs and smallscale mining, 3. Environment, 4. Policies- AITI. NEDA is the MICC and it is aware of that
roadmap. This is important on how the mining industry will help the industrialization of the
Philippines.
109
2.1.
Age
Sex
Occupatio
n
Position
Current
work
address
1. Ernani D.
Villasencio
34
Male
Faculty
member
Research and
Extension
Coordinator,
COE, USEP
Obrero St.,
Davao City
2. Datu
Constancio
D. Mamotuan
70
Male
Coconut
farmer
President, Davao
United Coconut
Farmers and
Farmworkers
Association
3. Rev. Fr.
Ronald
Sanchez
54
Male
Roman
Catholic
priest
President,
Hugpong
Kinaiyahan
(Organization of
Tree Farmers,
Planters, Wood
Processors and
Producers, Inc.)
PMRB Member,
Davao Regional
Hospital
4. Strauss
Fernandez
50
Male
Advocate
Number
of years
with
organiz
ation
7
Contact
details
cell/email
Religious
affiliation
09264462605
bahl_1999@y
[Link]
Christian
Limaton,
Mati City
15
0915577337
Islam
Kalagan
College
Apokon,
Tagum City
22
09204537852
09434762602
Roman
Catholic
Cebuano
PhilosophyTheology
Chancery
Office,
Rizal,
Tagum City
Camia St.,
Junal
Subd.
Matina,
Davao City
3
months
09289853228
tsfernandez@
[Link]
52
Male
Farmer
Chairman, Kilos
Ka Kilosan
Maralita sa
Kaunlaran, Inc.
Dumangas,
Nuevo,
Kalamansi
g, Sultan
Kudarat
20
09065132346
Roman
Catholic
6. Ryan D.
Rosauro
38
Male
Journalist/
NGO
worker
Peace
Partnership
Coordinator,
PAILIG
Pala-o,
Iligan City
09275446066
[Link]
@[Link]
Roman
Catholic
7. Nita M.
Akiatan
36
Fem
ale
Sangunian
g Bayan
Member
LGU
Josefina,
Zamboang
a del Sur
Roman
Catholic
8. Noreen S.
Pallong
39
Male
Community
Organizer
Isabela,
Basilan
09103695159
09985398459
lumad78@yah
[Link]
09264113089
noreen_pallon
g@[Link]
Koronadal
City
Tiling Tribal
Hall,
Mawbal,
RT Lim
09093624211
nldblb@yahoo
.com
09156712656
Pagadian
56
Fem
ale
10. Timuay
Charlito V.
Tugao
34
Male
11. Romeo M.
58
Male
Pastoral
worker/
Missionary
Small scale
miner
Farmer
110
Master
graduate
Cebuano
5. Antonio
Fernandez
Manaog
9. Sr. Nelda L.
Balaba
Highest
educational
attainment
Environmental
Advocacy Officer,
AFRIM
Sec. Gen.
SOWESMINCOC
O
Justice and
Peace Program
Coordinator
Chairman,
Pagbogolahan (7)
Pito Dulongan
Sapa Nog
Zamboanga
Peninsula
Member,
Ethnic
affiliation
College
graduate
Cebuano
MA in Conflict
and
Reconciliation
Studies
(Thesis)
MA
Islam
TausugYakanSama
Banguingui
Master of
Public
Administration
Roman
Catholic
Cebuano/
Boholano
BSE
Islam
Subanen
Civil Engineer
undergraduate
charlitugao@y
[Link]
09267835777
Christian
College
SOWEMINCOCO
City
12. Helen B.
Pondevida
57
Fem
ale
Faculty
Director,
Research
Division, USEP
Obrero,
Davao
35
13. Carlos
Cerezo
45
Male
Governme
nt
employee
Technical staff,
MINDA
St. Laurel
Avenue,
Davao
14. Antonio P.
Kinoc
65
Male
MILF
Peace
Panel
MILF Peace
Panel Member
Magallanes
Cotabato
City
14
15. Fe C.
Diabordo
53
Fem
ale
NGO
Employee
Chairperson,
Kongreso ng mga
Mangagawa,
Magsasaka at
Mangingisda
Para sa
Kaunlaran
(KOMMMPAK)
Tawontaka,
Datu Odin
SInsuat,
Maguindan
ao
17
111
mczuyco@gm
[Link]
09228093214
09214451449
helenbp@yah
[Link]
09981500141
[Link]
@[Link].p
h
09354540972
09983751456
09059605127
[Link]@ya
[Link]
09066616808
jdiabordo@ya
[Link]
Protestan
t
PhD Biology
Christian
Master of Arts
in Peace and
Development
Protestan
t
Blaan
AB LLB
Boholano,
Subanen
BS Commerce
graduate
Ag
e
Sex
Occupati
on
Position
Current
work
address
1. Joel Q.
Bernales
49
Male
70
Femal
e
Roving
COMREL,
SRMA RO XII
Executive
Director, KDI
Maa,
Davao City
2. Imelda A.
Dela Cruz
Mining
Company
Employee
Developm
ent
worker
3. Arvin L.
Carlom
44
Male
Developm
ent
worker
Community
Relations
Manager,
AMCOR
4. Mario N.
Bulacan
49
Male
Engineer
5. Edilberto
L. Arreza
56
Male
Engineer
Regional
Director,
DENR EMB
Region XI
6. Jose
Paolo M.
Evangelist
a
24
Male
Lawyer
Associate
Lawyer, BMV
Law Firm
7. Charlyn G.
Binghoy
50
Femal
e
Governm
ent
employee
Provincial
Officer, NCIP
8. Lorel M.
Castillo
43
Male
Mining
Engineer
Head, Lands
and Tenement
9. Lyndon H.
Roble
52
Male
Faculty
USEP
Dean, College
of
Engineering,
USEP
Num
ber of
years
w/org
2
375 B Palm
Drive,
Buhangin,
Davao City
Macambol,
Mati City
40
Km 7,
Lanang,
Davao City
669 A.
Quezon
Street,
Davao City
8000
7F Abreeza
Corporate
Center,
Davao City
Tandag
City,
Surigao del
Sur
Davao City
26
Davao City
112
Contact details
cell/email
09153489669
[Link]@y
[Link]
(082) 2220236
09399237446
imy_kdi@yahoo.
com
(087) 8114305
09999940742
dodongarvin@g
[Link]
Religiou
s
affiliatio
n
Roman
Catholic
Ethnic
affiliati
on
Highest
educational
attainment
Ilongo
MPA
Roman
Catholic
Dabaw
enyo
Roman
Catholic
Bohola
no
Cebua
no
Master in
Sociology and
Master in
Management
Master of
Science in
Environmental
Resource
Management
with ongoing
PhD in
Development
Administration
09213131847
mariobulacan@y
[Link]
(082) 2216535
09177198853
ed_arreza@yah
[Link]
Roman
Catholic
09328630829
Jpmevangelista.
[email protected]
om
09286123809
ncipsurigaodelsu
r@[Link]
Catholic
Catholic
Manob
o
MPA
09088868620
[Link]@g
[Link]
Roman
Catholic
College
graduate
30
09088806817
lhrobledean@ya
[Link]
Roman
Catholic
Ilonggo
/
Tagalo
g
Cebua
no
34
23
Roman
Catholic
Manob
o
Master of
Public
Administration
LLB
PhD/ Doctor of
Technology
Table 2.3. FGD Highlights of Day One Proceedings (June 23, 2014)
Issue
1. Opening Prayer
2. National Anthem
Speaker
Datu Constancio
Manguntuan
Nita Akiatan
3. Welcome Remarks
4. Introduction of
Participants
5. Rationale of the
Activity
1. Presentation of
Outputs in Shangrila
on 2013
2. FGD Proper
FQ1: Based on your
experience, what do
you think are the
issues and concerns of
mining industry in your
locality? What are the
possible underlying
causes?
1. Social
Topics
Discussions
I
1. Mining exacerbates existing
conflicts n Mindanao.
2. Learn from Australian experience
considering the Mindanao unique
situation and the tri-people in
Mindanao and the Bangsamoro
struggle
3. Role of academia i.e., research
and extension for sustainable
mining for peace and
development in Mindanao
Environmental Conflict Resolution:
Is there a way forward for mining
and development in the
Philippines?
1. Definition
2.
Nimfa L. Bracamonte
Datu Tony
113
Speaker
Ryan Journalist - TVI
Nita
Saleem Ali
Timuay Charlie
Topics
FPIC and social acceptability
- engineered consent process
among the affected communities
-cannot impose a uniform process
across the country but should be
specific to certain regions
-reception on the part of the IP
-killings and legitimacy of IP leaders
Timuay Anoy
Process must be specific to tribal
conditions
TVI and NCIP organized the tribal
leaders to sign the consent
TVI organized a tribal council
because the real Subanens
opposed
What is the appropriate way of
representing the IPs?
Overlap of areas of domain due to
claim of IP leaders and monetary
issues
Recent assassination last August
2013 so training of next generation
of leaders important
Discussions
114
Speaker
Topics
and traditions of IP)
Datu Tony
Discussions
blood kins.
I am a Blaan. The ones you
mentioned are my brothers.
Because of the collusion of
the mining company and
NCIP. Where can you find a
planning that is done on a
beach? How can you ask
What is your opinion or I
will not pay you?
Im not a hydrologist, but I
can see the river you will
kill all the rivers.
The MGB has a hazard
map. But why is Tampakan
not labeled as a hazardous
area? Why is Glencore not
concerned with Tampakan
as a watershed?
I was with Mr Mining for a
while. I do not trust Filipino
mining engineers such as
what happened in
Marinduque it was
breached.
We had a meeting with
Bishop Gutierrez he was
also with the anti-mining
group.
You go to Cordillera the
Igorot they do not dress,
they are still very poor. The
old mining company in
Camarines still the people
are very poor. Makati has
no mining company but
they are very rich.
A Subanen is pitied against
a Subanen. My niece was
given a car. But she has
nothing to do with mining.
They do not talk to me
because I am against
mining.
Companies go to people
that they manipulate. They
continue indigenizing the
IPs.
SMI is technically owned by
former governor Alcantara
with the Alcantara group
of companies.
We were among those
brought to Indonesia to see
a submarine bridge for
waste water which was
showed to the tribal
115
Speaker
Topics
Discussions
leaders.
Blaan said okay if that was
the way you will do it.
But now Blaan are not
allowed to pass through.
That is our land, why cant
we pass through?
The lawyers are saying:
but we know better our
forests. That is why I ask,
what is important: mining or
the resources?
Sister Nelda
Datu Tony
Timuay Tugao
Saleem Ali
2.
Environmental
Datu Manguntuan
116
Speaker
Topics
Discussions
- No source for agriculture
irrigation
Saleem Ali
Tatay
Saleem Ali
Tatay
Tatay
117
Speaker
Topics
Sister Nelda
Datu Tony
Sister Nelda
Discussions
can be extended for
another 2 years and
another 2 years and so on.
With ECC, when large
scale it is from the national.
When people know, when
you start to ask, the ECC is
already there.
Ryan
3.
Political Aspects
Noreen
Bangsamoro subsidy
Terms or sharing for mining, i.e.
Lamoyan in Tawi-tawi
Social responsibility
118
Speaker
Topics
Timuay Charlie
Romy
Discussions
Why it ran so long??
Treatment of the
government about the
problem.
One problem in Samal
Tumbagaan is an island,
they are in the mine level.
200,000 metric tons per
month of nickel. What will
happen to Tumbagaan. It is
a fishing ground for the
Philippines. Bu the fishes
are gone. Pitiful Samal
residents. It will open again
in other islands- all in the
seas
Effects to fishing and
environment. One island
might sink such as those
Tawi-tawi .
In small-scale mining, the
freshwater will also be
affected.
To add to brother Noreen,
deep problems to be solved
by the government (lalom
na sulbaron sa
government). There must
be some changes. Filipino
people have full of jokes.
Our government issuing
licenses without
consultation is a joke.
Tony
Saleem Ali
Datu Tony
Tatay
As to Saleems query?
-Lumads and NPA
CPP-NPAs provided the arms
119
Speaker
Topics
Discussions
The Lumads are implicated
as bandits and rebels. NPA
goes to them and gives
them arms. They are not
related, but there is also no
formal alliance.
Saleem Ali
Tatay
Dr. Tanggol
Fr. Ronnie
Saleem Ali
Fr. Ronnie
Timuay Charlie
120
Speaker
Topics
Discussions
want the company to be
owned by the Lumad.
Our forefathers use water
and earth as ritual areas.
We are the ones who own
the ancestral domain (Ang
mao kaliwatan mag-ampo
sa diwata sa tubig, yuta.
Kami ang gibinlan sa
kaliwatan)
They are only company
investors. We dont know
how to mine, they should
teach us. We should be
taught how so that our
ancestors will not feel
aggrieved (kami dili kabalo
sa pag mina. Tudlu-an mi
nila. Magpadala mi og tawo
nga magtu-on. Tudlu-an mi
nga maayo pag-atiman sa
yuta nga dili mi mahayan sa
among tribo.)
Last week, we were given
mahogany seedlings; we
were reprimanded why we
cut down the trees.
Now, the community can
choose: the national
government or the
Bangsamoro government.
Show the community that
the government can stand.
We have peaceful. We
have a pact between
Subanen and the Muslims.
As a representative from
Zamboanga Peninsula,
whether the government
should do good or if not, we
will choose another
government.
FQ2
What concrete steps ?
Dr. Glen Corder
Sis Nelda
Dr. Glen Corder
121
Speaker
Saleem Ali
Saleem Ali
Datu Tony
Sis Nelda
Saleem Ali
Tatay
Saleem Ali
Topics
Tailings
Semi-liquid impoundment dams
(consistency of the tailings)- paste
tailings
3 levels of technology
1. invaluable
[Link] effective
3. not existing
Use of water in mining.. example
use saltwater in alternative for
freshwater
- Cyanide alternative for large
scale gold mining no
alternatives yet
SMI danger of mine tailing pond in
mining area 2000 MASL. Is there a
way to regulate or prevent them
from doing it?
-300 meter wall in a very unstable
geographical location (earthquakeprone)
- design provision for safety of pond
- Deviation from original plan of
Western Mining
- AiTi
- International body for regulating?
None
- World Bank does auditing if they
are involved there is funding,
There is transparency because
they comply. Otherwise, there is
none.
- Alternative way of doing mining
that is environmental friendly?
Community not for closing mining
but doing it in indigenous way.
- In situ leaching
Put solvent in the ground and
pump solvent. What comes out is
a solution with the mineral, but still
has environmental issues
- Issue putting precautionary
measure because there is no
mining without environmental
impact
- Its always a risk-management
issue, No zero impact mining
-mining brought in into
communities
-issue of integrating mining into
the community and for equitable
sharing
-Community should decide if there
are other alternatives for
economic growth
- Balance of opportunities and risks
- Mining communities are brought
into by the government
- Ethnic communities didnt need
mining, but they dont have a
choice
- Many indigenous communities
122
Discussions
Speaker
Topics
Discussions
- Feasibility of Phytomining?
Saleem Ali
Datu Tony
Saleem Ali
Saleem Ali
Charlie
Datu Tony
Saleem Ali
Datu Tony
Sis Nelda
Saleem Ali
Datu Mangatuan
Datu Tony
Charlie
Sister
Datu Tony
Saleem Ali
- A certain level
- A single ancestral domain for
Blaan
- Demarcation of boundaries as per
tribe
- How IPs are identified?
- In accordance with ILO 67
- People in NCIP dont protect IPs
- Boomal Banwa (Ancestral domain
as 1 territory)
- Process as to how IPs and
leaders and their representation in
political bodies in the govt
- Representation of Lumads in local
government
- RA 8371 IPRA
- Issuance of ID as PANAMIN and
subject to abuse
- Giving birth at home as unlawful
- Philippines have conflicting laws
eg. IPRA law vs. DOH
- If you want to adapt a law, it
should be an overarching policy
- Why mining areas remain poor?
- Power to redistribute wealth
- Revenue distribution
- tapping other sources of income
123
Speaker
Dr. Glen Corder
Tatay
Saleem Ali
Nelda
Resources or environment
Saleem Ali
Resources or people
Datu Tony
Sis Nelda
Datu Tony
Sis Nelda
Next Steps.
Topics
- Structure of sharing how much
goes to the national and local
levels
- Historical evidence of poverty
- Communities are more
impoverished now than before
mining
- Phil case and Saudi
- Strong sense of national identity
- Other sources of income. ex. Ecotourism
- Japan many similar cases
social equity, very strong solidarity
- Tampacan is not the impact area
- Japan is too nationalistic and
discipline
- So many religions but poor in
actual practices
- Geography why? Resources
and people when one area to live
on
- 1. Accessing information
[Link] to email
2. do-
- 3. Contact details
- amygale2001@[Link]
Datu Con
Charlie
Tony
Tatay
Fr. Ronnie
Saleem Ali
Dr. Glen Corder
Nelda
Noreen
Ryan
Romy Muico
Nita
Fe
Datu Tony
Tess Ignacio
Melly
Discussions
124
Speaker
Topics
stakeholders
- Use for research purposes.
- We need inputs to have a
balanced view
125
Discussions
Photo Documentation
Photodocumentation for Day 1, June 23, 2014
126
127
Speaker
3. Opening Prayer
Charlene Binghoy
4. National Anthem
5. Welcome Remarks
Angeli V. Mag-aso
Dr. Perfecto A. Alibin USEP
President
6. Introduction of
Participants
7. Rationale of the
Activity
6.
Presentation of
Outputs in
Shangrila on
2013
7. FGD Proper
FQ1: Based on your
experience, what do
you think are the
issues and concerns of
mining industry in your
locality? What are the
possible underlying
causes?
Saleem H. Ali
Prof and Director for Social
Responsibility in Mining
saleem@[Link]
Topics
Discussion
Nimfa L. Bracamonte
Dr. Alibin
Arvin Kanlon
Saleem Ali
128
Speaker
Topics
Discussion
for it. Their stomach is empty.
Arvin
4.
Social
Joel
Data as to employment
Data as only regulated and
exclusive of the small scale and
unregulated ones
Saleem Ali
Joel
Arvin
Saleem Ali
129
Speaker
Topics
Discussion
Arvin
Joel
Saleem Ali
Joel
Arvin
Saleem Ali
Ariza
Saleem Ali
130
Speaker
Topics
Discussion
Saleem Ali
Charlene
Imee
Arvin
Saleem Ali
Charlene
Saleem Ali
Charlene
Saleem Ali
Charlene
IP in Davao Oriental
Royalty when not generally
understood creates rivalry
131
Speaker
Topics
Saleem Ali
Charlene
Saleem Ali
Charlene
Arvin
Imee
Glen
Joel
Mario (EMB)
Ed
Discussion
132
Speaker
Imee
Topics
Need to work with people but
also for the church
Discussion
How I wish that the mining
company operating work
with the people and the
church.
If you think the government
should do this, there are
government agencies that do
not want the information to be
known by the community. The
money goes to their pockets
instead of going to the
community.
The company should reach
out to the church and NGOs.
Through partnership with the
tribal groups to verify whether
the leadership is good or not.
Arvin
Lyndon
Glen
Arvin
Lloyd
Ed
Imee
Charlene
133
Speaker
Arvin
Charlene
Sharing of royalty
Lyndon
Glen
Charlene
Glen
Saleem
Arvin
Next Steps.
Topics
Imee
Joel
Tess Ignacio
134
Discussion
[Link] to email
2. do-
Speaker
Melly
Topics
Discussion
Some notes:
A lot of emerging technologies but still too costly eg. Tailings paste
SEE the future (S=social, E=environment, E=economic development)
Rehabilitation should be in a way that it can be put back as much as possible, or even
better (gene bank for plants)
135
136
137
138
2.2.
Speaker
David Brereton
Emmy Manlapig
Monsod to David
Presentation of Outputs
in Shangrila in 2013
Nimfa
Angie
Bong
Monsod
FGD Proper
FQ1: Based on your
experience, what do you
think are the issues and
concerns of mining
industry in your locality?
What are the possible
underlying causes?
Discussion
Nimfa
Tigil Mina
Nina
SOCIAL/ CULTURAL
Jing
139
Recommendations
Speaker
Tigil Mina
Bong
Jill
Monsod
David
Cielo
NB
Cielo
Fr. Ed CBCP
Agham
Discussion
consent
Consent-through local govt
-Social acceptability should be part of EIA
Mining community assumes that permit of
contract is already an entitlement for
exploration.
-Mining communities fail to secure that
consent
Past legacy of mining industry correlates
to environmental destruction, land
grabbing, human rights violation and they
dont benefit from the mining.
-Mining industry has to show good faith by
addressing past legacies.
-Sensitive to the rights of indigenous
people (collective rights)
Indigenous peoples self-determined social
development (different from what mining
companies offer).
-Sacred places cannot be brought back
once destroyed
Social acceptability is violated.
Ancestral domain development planmanagement plan
Many equipment have been burned
FPIC management plan needed
Who says mining is necessary? Its
actually the community.
Why do people in power listen to
corporations than to communities?
Case: El Salvador
[Link] are enough supreme court
decisions in this country to- issue on
state sovereignty
2. Mining concessions not covered in the
CMST, thus subject to change/ override it
No go areas for prime agricultural lands- it
is now
Specific partnership
Extractive Industry Transparency
Agreement is it true that
If a govt., is there a compensation?
It is possible
Regalian document
EIPI-show how weak governance is in the
country
Semerara
Coal
Copies of reports
Customs- no follow-up on delivery
We are making why they are not reporting
Political will of our institutions
Multi-stakeholders
-We reach out to MGB-no mechanism on
how to select representatives in the mining
companies
IM4DC is another jargon as responsible
mining
-We dont believe in responsible mining
More than environmental and social, it is
moral and ethical
-Unlike in Australia, where there is a vast
land and few people
-Wherever you go, mining will always spell
destruction in the Philippines
We are requested to provide technical
support.
140
Recommendations
Mining companies
should
Speaker
Agham 2
NB
Cielo
NB
Christian Monsod
Discussion
-We attest to these happeningsenvironmental and the like. The framework
of mining in the Philippines is towards
export of raw materials. Genuine
development is important.
Very much liberalized, it is dependent on
foreign aid/ foreign oriented. Based on the
needs on the country and the people
create a self-reliant economy. We support
the peoples mining bill.
Inevitable that we have to do mining but
there seems to be something wrong.
Authentic meaningful development is for
our own people.
Regalian doctrine. IPRA was meant to be
an exception. The law did not go that far;
the IP has priority rights on subsurface
Disharmony of provisions between the
IPRA and mining law
Inequitable rights;
1. people forget that the govt wears two
hats: sovereign tax collector and as
owner of the minerals
2. incentives are front loaded eg. TVI,
Rapurapu
3. distribution of mining revenues are fraud
Owners of mine are capped. It should be
the mining contractors share that should
be capped and the government share
should be open-ended. Theres no such
thing as joint venture but a contact
agreement.
Mining companies talk about all kinds of
funds, funds do not cover disasters.
Cielo
Bong
Monsod
Nina
Monsod
Agham
Recommendations
141
Speaker
Miriam
Discussion
the place (katangian ng lugar) such as
ecotourism and agricultural.
But we need machineries and it can only
be through extraction.
Probably, but extract only from out of our
needs
Recommendations
Cielo
Cielo
Cielo
Jing
Bong
Bong
142
There should be a
disclosure in the mining
companies where they
should get minerals. I
dont think it is in our
mechanisms now.
(Where they are going
to use it and why?)
Free access of
information: has to be
available on-line
Paradigm shift on how
we price minerals=
consumerism, incentive
to develop new
technologies/
strengthen recycling
Concept of national
genuine ownership
They should not exploit
the gaps
Mining companies
should adhere to the
guidelines
Adhere to the
development agenda by
regions local
communities should be
the one to develop their
development agenda.
Not pushing mining
The role of mining in
societal development
but this should be in the
framework of national
industrialization, let us
learn from others.
I believe that we have to
engage and change the
mindset in the mining
industry and the
academia has a big role
on this.
Academia research is
pro-people and not
capital-oriented. If the
people will listen to you,
hopefully the
Speaker
Discussion
Recommendations
government will also
listen.
Tigil Mina
1. Full implementation
on EO 79 (eg. nogo zones),
production of
unified map. Lack
of this puts a
serious question on
how we are going
to decide where to
allow mining
2. Mineral Resources
Act a bet that that
can
CSR is not enough,
accountability-past
sins
3. Have a body like
EPA
Climate risk- should be
factored in in the mining
industry. That is not
factored in cost
DRRM- CCA should be
factored in
Typology
If we do mining,
structural and policy
reforms needed
Human rights
Ensure ecological
integrity
NB
Fr. CBCP
143
144
Speaker
Emcee: Ma. Teresa Ignacio
Emmy Manlapig
David Brereton
Sid
Brimo
Taxation/ Sharing of
resources
Ramos
Discussion
Introduction of Participants
Welcome remarks
Rationale of the Activity
SMI background
Focus of IM4DC: assist
countries with rich mineral
resources
Report that outlines the
issues, join them together to
understand the issues in
mining
Collaboration between the
universities: help with
dialogues give clarity,
structure, further activities
about promoting the dialogue
Presentation of Outputs in
Shangrila in 2013
Background of the process
What would you do with the
output of this discussion?
-Action research and
discussions
-The intention is to listen,
create a report, bring all the
stakeholders together, and
talk about the mining
industry.
What to do first: talk to
different stakeholders,
assemble in a piece of
document/ output of the
discussion. A way of getting
the different stakeholders to
talk.
Does society want to have it?
Political situations and
sentiments of the people.
Dependent on public policy.
Maybe it should be from a
different question: Should
there be a mining industry in
the Philippines? Instead of
Is there a future of mining
industry in the Philippine
development?
I dont think any of our
communities dont want us.
None of the local
communities of the big 5
companies. We have a very
good relationship with our
local community. Those that
are clamoring are from
different areas.
The planned government
policy will not allow the
industry to set-up
The government gets
taxation that they wanted to
145
Recommendation
Speaker
David
Ramos
Discussion
pass. It looks good but there
are no mines that will come
out. They wont get any
benefit from that. We worry
that once thats passed, they
will be focusing on what are
open even though they say
its for future mining projects.
NGOs-talk about getting fair
share of revenues for the
country. Equitable sharing?
50-50 with no risk of
government and no credit
being put into the capital that
has to be invested there is
nothing to talk about.
Basis (on taxation) for a more
constructive discussion.
It depends on where people
are coming from. If they are
coming from the perspective
that it has to be a 50-50
share on annual basis without
giving credit to any capital
investment, there is nothing
to talk about. It is impossible.
We are willing to talk about it
if they feel that there is fair
sharing that is required. We
help them benchmark the
Philippines with other
countries. Put the Philippines
on the map in terms of risks,
what kind of returns do
investors expect?
Paying complex. We have to
pay VAT on importation of
goods but can never ... or this
takes years for refund.
Sid
Wrong statistics that the
industry is not doing welllead to wrong policy
decisions
Brimo
146
Recommendation
Speaker
Ramos
Brimo
Sid
Ramos
NB
Discussion
wrong policy decisions.
What happened was when
they looked at the statistics of
the industry in terms of the
output and taxes paid, they
included small-scale gold. In
2010, it was 40B pesos from
small scale- they know that
because Central Bank has
buying stations in Diwalwal,
ComVal. They can track that.
A lot of that gets smuggled
out. No tax from small scaleadd with that of industry, you
get a distorted ratio include
a big output (which is small
scale gold) where there are
no taxes to begin with.
They added Pasar
They used the wrong
statistics to come up with the
conclusion that the industry is
not doing enough. Thats
where the problem started
and we were never able to
get away from the concept.
They dont believe (Ayaw
maniwala).
Govt is not getting enough
from the large-scale mining
industry.
They had large scale mines,
quarries, small scale mines,
and Pasar. They summed up
all the total output and taxes.
They included Pasar which is
not a mine but an export
processing smelter
In terms of sharing, what are
really your recommended
propositions?
Sid
David
Ramos
Sid
NB
Primo
Ramos
Recommendation
Let it be a function of
profitability, more money you
take you pay more
on royalty
Royalty is separate, above
and beyond the excise tax
EIPI
Government. does not
understand industrys
perspective no
consultations with the mining
industry
Difference between Philippine
economy, etc
Access to technology
Have there been efforts from
the mining companies to
relay their sentiments to the
President
Had many discussions with
government, but they dont
listen
They are obsessed with the
50-50 sharing.
147
Speaker
Emmy
Ramos
Mining companies were not
involved/ not consulted in
crafting the no go zones
Sid
Rufo
No consultation in the
issuance of permits
Sid
Simbulan
Ramos
NB
NB
Rufo
Rufo
Ramos
NB
Rufo
Zamora
Discussion
Were asking them to look at
it from the life of mine
perspective, government
looks at it on a per year
basis. In a mining industry,
things can change each year
How do they treat capital
investments
Admin before the mining
industry was given income
___ but now, not anymore.
Go no- no go zones
We have an MPSA and then
they come up with an
ordinance banning/ opposing
mining (LGU)
Permits you have the
permit to do surface mining
but you are not allowed to do
tree cutting
Government not delivering its
obligations.
Main issue why LGUs do not
support mining in their
communities: Mining
company pays excise tax to
the national government, it
will take 3 years for the LGU
to get their share past the
electoral cycle (terms of
office)
Is CSR introduced?
Yes
IPs how they spend royalty?
The company doesnt
monitor?
They have the organization
that looks over this matter.
Its up to them how to spend
it. Politicians do not want us
to get involved.
Purchases: laptops, mobile
phones, very nice office
buildings.. before they start
focusing on their needs
Part of MPSA contract, not
ECC
In a forum: suggestion that
perhaps we can help how
royalties are spent/ programs
from IPs
Reaction of priest: Are you
trying to insult us?
IP process takes a long time
Should align with the
ADSDPP
Thats what the law says but
unfortunately that is not being
done that way - they pay for
IPs motorcycles, mobile
phones, vehicles
There are hundreds of
issues, basic points:
The government has to
148
Recommendation
Speaker
Emmy
Sid
Ramos
Pro-mining is a political
liability
Sid
Brimo
David
Sid
Ramos
Sid
Ramos
Emmy
Ramos
NB
Ramos
Discussion
decide if it wants to promote
mining.
We dont throw stones but we
just dont talk should
communicate: should there
be actually mining in the
Philippines?
If govt makes up its mind that
there should be mining in the
Philippines, then things are
possible: they can work with
miners; they can make sure
law enforcement; can protect
industry from LGUs that pass
ordinance against the law
because its the national
government that takes care of
natural resources.
Problem is intention and
thats not being
communicated properly
Present govt has no interest
in mining. They dont talk
about the mining industry as
something important.
2.5B produced by the
industry is less than 1%. It is
a very small amount
It can grow up to 5 times 10
times
Mining was not given a
chance to develop.
Mining is a very good vehicle
to create growth but were not
understood. Where else can
you have god paying salaries
in the rural areas if not for
mining?
Pro-mining is a political
liability.
No commitment from the
government to the mining
industry- almost like a
decided kind of aversion that
this is the path Id like to take.
Local hiring
We teach locals higher level
skills
80% of our work force come
from our local communities
Loyalty of community to
companies (Rio Tuba)
People who are anti/against
are never from there
Percentage of negativity to
the industry is inversely
related to distance from
mining company
These people dont know
what they are talking about.
Theyve never been there,
how do they know?
Maybe because they have a
development framework that
is not yet concretized at the
local level
There are people who think
149
Recommendation
Speaker
Discussion
that mining should be a
national industry. You will
never convince them.
Propositions/
Recommendations
Sid
Emmy
Sid
Ramos
Manny Agcaoillli
Communication
Simbulan
Martin
Ramos
Emmy
David
Emmy
David
Sid
NB
Sid
David
Recommendation
150
Speaker
NB
Discussion
Converging point:
Governance system, laws,
taxation, cost-benefit
analysis, royalty
Emmy
Brimo
Sid
NB
Closing
Judge
Emmy
David
Recommendation
151
Communicating technical
information
There should be a way for the
academia to educate the
government
152
2.3.
153
154
155
2. Balagonan
3. Bucana
4. Bulacan
5. Candiz
6. Datu Sailila
7. D. Riconalla
8. J.P Brillantes
9. Latabon
10. Makiang
11. Malipot
12. Manaol
13. Matiag
14. M. Francisco
15. Molambuhangin
16. New Lituban
17. Pangian
18. Pisawak
19. Poblacion
20. S. Arabi
21. S. Cabral
22. Siay
23. Sta. Maria
24. Tabayo
25. Tagaytay
26. Tibangao
Total
Forest Land
Total Land Area
588.00
103.20
583.00
4,989.00
140.00
552.75
376.87
741.25
446.87
255.20
450.00
374.00
280.00
1,661.20
435.93
347.75
697.50
126.00
435.00
612.00
650.00
737.00
1,935.50
108.00
367.18
18,650.37
31,669.63
50,320.00
Land Area
Siocon is an agricultural community composed of 26 barangays with a total land area of 50.320
hectares. Presented below is the distribution of the land use of the land area of the municipality.
Table 3A.2. Land Use by Land Area
Land use
Forest and Watershed
Teak reserved
Communal forest
Swamps and mangroves
Watershed
Man-made-forest
ISF
Timberland
Alienable and Disposable
Agricultural
Institutional and other land uses
Total land area
Area (hectare)
32, 605
955.0
164.0
850.0
612.5
817.21
684.21
20, 699.0
7, 933.0
10, 734.8
6, 867.29
50, 320.0
Percentage
65.01
21.34
13.65
100.0
Topography
The topographic features of the municipality ranges from plain to nearly level (38%), slightly
rolling to severely rolling (41%) and hilly to mountainous (21%), with two rivers that converges to
the Siocon river and drains to the Sulu Sea. The Poblacion area is flat which is suitable for
residential, commercial, institutional and light industrial uses with two slightly rolling and low
elevated hills, the PC, and the Pantukan hill. The coastal areas of barangay of Molambuhangin,
Balagunan, and Sta. Maria are slightly rolling with wide valleys and forest trees facing the Sulu
Sea. The lowland areas are utilized as rice fields, corn and coconut with swamps and
marshland stretching to Latabon in the Southern part, of Barangay Pisawak in the Eastern, and
barangay Matiag in the Northern part.
156
Geology
Spreading within the geologic structure are the metamorphic, genesis and quartzite rocks. The
volcanic rocks include besalt and tuff agglomerate overlies the metamorphic rocks. These
sediments are found in the coastal areas. The sedimentary rock formations that overlie the
basement complex are thinly bedded, suggesting low suitability alluvium which overlies
limestone and loosely consolidated formation with sand, gravel and clay. The altitude of the bed
generally plays north to northwest parallel with the coastline.
Climate
The municipality of Siocon, like most of the municipalities of the Province of Zamboanga del
Norte belongs to the fourth type of climate which is mild and moderate where rainfall is evenly
distributed throughout the year. There are two pronounced seasons in the municipality, the wet
season that starts from June to December and the dry season that starts from January to May.
The highest rainfall was recorded in the month of June at 68.1 and the lowest at 64.4 mm. The
average rainfall therefore is 66.3 mm. Fortunately, the municipality does not fall on the typhoon
belt and seldom experienced heavy floods.
The recorded temperature of the municipality ranges from 26.4 degree to 28.7 degree
centigrade with January and May as the lowest and the highest recorded temperatures,
respectively. As to humidity, the highest recorded was on the month of November at 89% and
the lowest is in the month of January, March and April at 80%.
Economy
Siocon is a first class municipality that is primarily agricultural with farming as the major source
of livelihood and income for the people. Most of the labor force is engaged in agricultural
activities such as farming, fishing, forestry, and hunting. The total agricultural area is 9,735
hectares of the 50,320 hectares total land area of Siocon. The 9,735 can be divided into the
following crop areas:
Table 3A.3. Crops Planted
Crop
Rice lands
Corn lands
Coconut
Vegetable/ fruits
Other crops
Total
Fishing is the next largest source of livelihood in Siocon. There are about 30 fishpond
concessions operating in the area, covering approximately 240 hectares. The two major types of
fishery production in this municipality are deep sea fishing and sustenance fishing.
Demography
Based on the 2010 census on population, the municipality registered a population of 41,637.
The population has increased due to mining activities in the upland area of the municipality.
Migrant workers come to the municipality, bringing with them their families in order to find a job
to sustain their needs. The spike in the increase of the population in 1975 was due to the start of
the mining activities by TVI.
157
Population
1939
1948
1960
1970
1975
1980
1990
1995
2000
2007
2010
Source: NSO, 2010
10, 326
11, 751
16, 953
18, 842
26, 723
29, 519
26, 544
28, 196
32, 699
41,221
41, 637
Increase or
Decrease
1, 225
5, 202
1, 889
7, 881
2, 796
2, 975
1, 652
Average growth
rate
1.23
3.16
1.06
7.24
2.01
1.05
1.21
3.23
3.25
0.37
The table below shows that Barangay Poblacion and Barangay Tagaytay have the highest and
the lowest population, respectively. The population density as of 2010 was 83/km 2 or 210/sq mi.
Table 3A.5. Population and number of households by Barangay, 2010
Barangay
A.L. Micubo
Balagonan
Bucana
Bulacan
Candiz
D. Riconalla
D. Sailila
J.P. Brillantes Sr
Latabon
M. Francisco
Makiang
Malipot
Manaol
Matiag
Molambuhangin
New Lituban
Pangian
Pisawak
Poblacion
S. Arabi
S. Cabral
Sta. Maria
Siay
Tabayo
Tagaytay
Tibangao
Total
Source: NSO, 2010
Population
1, 098
1, 637
2, 535
802
3, 081
1, 132
482
1, 895
1, 303
922
1, 303
956
956
920
508
1, 215
809
1, 726
5, 688
2, 180
755
2, 583
1, 427
3, 316
363
996
41, 637
Number of household
195
174
133
298
590
119
78
266
158
114
215
138
138
102
99
280
89
138
138
305
931
305
233
661
66
133
6, 150
People
The municipality consists of three groups of people, Christians, Muslims and Subanen. Siocon
is composed of 64.7% of Christians, 27.28%, Muslim, and 8.01% Subanen. The people took
along with them their local customs and practices, which in large measures enrich the
cosmopolitan and multi-tribunal cultures being pooled together in the new home of the
municipality of Siocon.
158
About 82.5% of the people in the municipality are Christian divided among religious sect such
as Catholic, Protestant, Seventh Day Adventist, Iglesia Ni Cristo, Jehovahs Witnesses,
Aglipays Alliance and the Assembly of God.
Table 3A.6. Religious Affiliation
Religious group
Roman Catholic
Islam
Iglesia ni Kristo
UCCP
Seventh Day Adventist
Protestant
Total
Percentage
55.06
31.72
2.17
1.65
1.43
0.93
100.0
Traditionally, the Christian people live in the lowland area to manage their farming trade and
commerce, then the Subanen settled in the hinterlands, developed the upland farming as their
sources of livelihood, and most of the Muslim people live in the coastal area to concentrate on
fishing activities.
Language Spoken
Among the three groups of people in Siocon, Cebuano (Visayan) language is dominantly
spoken which is about 58.13% of the total population, followed by the Tausug 13.08% and
Maguindanao of 11.55%.
Health Services
Siocon has a mortality rate of 3.28%, a morbidity rate of 23.40%, birth rate of 12.18%, and
crude birth rate of 12.18% (2010 Municipal Profile). There were several reports of malnourished
children in the locality with 73% low, 23% moderate, and 25% severely malnourished.
The health services needs of the municipality of Siocon is primarily attended by the Siocon
Health District Services. The hospital has 25-bed capacity. One private clinic is in Siocon owned
by Ceasar C. Soriano.
The health need of the municipality is also being taken care of by the Rural Health Unit which
has one Main Health Center and five Barangay Health Stations. The Rural Health Unit is
manned by a Municipal Health Officer, one Public Health Nurse, six Rural Health Midwives, one
Dentist, one Dentist Aide, and one Sanitary Inspector. There are five drugstores in the
municipality owned by the private sector.
Educational Institutions
The literacy rate of the municipality is 56.75%. There are a total of 26 educational institutions
with 23 elementary schools located in various barangays, two high schools, and one college
namely Jose Rizal Memorial State College.
Recreation Facilities
A Cultural and Exhibition Center is located in the Poblacion, has been the venue of numerous
basketball leagues, social activities and cultural presentations. It has a capacity of 1,400
spectators. Within the public plaza in the Poblacion is located the Tanghalan ng Paraiso with the
tennis court, volleyball and basketball court. All the barangays utilized their multi-purpose
pavement basketball courts and school grounds as community playgrounds.
In addition, there is a cockpit arena usually open during Sundays, a skating rink with a fountain,
and several drinking places around the Poblacion and market areas as well as sing-a-long joints
in the locality. There are also three hotels, four lodging houses, and private residential houses
that can accommodate visitors or tourists.
159
Protective Services
This municipality has a total of 32 police personnel. It has one Police Headquarter
complementing the police force in the maintenance of peace and order in the area. In addition,
the 3rd District PNP Mobile Force and the 10th Army Battalion and several CAFGUs are also
assigned in the area. There are also seven firemen to cope with fire incidents.
Welfare Services
The Municipal Welfare and Development serves the needs of the residents in the municipality.
Transportation
Siocon has 44 kilometers of provincial road, two kilometers of Barangay roads, and 14.645
kilometers of municipal streets. The concrete road is 2.735 kilometers. Below is the summary of
the road network and the type of pavement in the municipality.
Gravel (kms)
Earth (kms)
12
30
11.190
158.36
34.94
The most common means of land transportation for municipality to municipality is the bus line
while within the municipality the tricycle and sikad-sikad are used. It is estimated that there are
approximately 200 units of motored tricycle plying the Poblacion and nearby barangays. The
barangays that do not have roads, however, use bull carts. Single motorcycle commonly known
as habal-habal is also used when commuting in the interior areas.
The municipality has a port in Santa Maria about 10 kilometers from the Poblacion. There are
boats that ply the Siocon-Zamboanga route during good weather conditions.
Communication Facilities
The municipality of Siocon has one government postal service station under the Bureau of Post.
Also there are two communication facilities such as Globe and TM and Smart for mobile
communication. There are also money changers such as Mlhullier, Kuwarta Padala, Cebuana
Padala and GCash Stations that cater to the needs of the people.
In addition, there are also single side band radios operated by the Local Government Unit,
Zamsureco Station and in the ORACES Group of Company. There are two FM Radio stations,
but the extent of the communication is within Siocon-Sirawai-Baliguian only. One Cable Station
operates in the locality, the Siocon Cable Corporation with six channels available.
Water and Energy Facilities
Siocon has three types of water facilities available. There are 10 units of Level I, one unit of
Level II, and one unit of Level III facilities in the community.
Moreover, Zamboanga del Sur Electric Cooperative II provides the electricity needs of the
municipality.
160
Siocon is a municipality located in the southern part of the province of Zamboanga del Norte,
Mindanao, Philippines (latitude 736" South, longitude 12223"East and1225" West), with an
area of 503.2 square kilometers. It is primarily an agricultural municipality with farming as the
major source of livelihood and income for the people. Figure 1 shows the farmlands in Siocon.
Fishing is the next largest source of livelihood with several fishpond concessions operating in
the area. The total forest land in Siocon covers 40,428 hectares. This constitutes 80.34% of the
municipal land area of 50,320 hectares. The municipality has its mineral deposit which is found
to be of commercial quantity. Mining of gold, copper and silver is operated in the eastern part of
this municipality particularly in Sitio Canatuan and some portions of Guinabokan, barangay
Pisawak and Candiz. Other deposits such as coal, silica and lime stone can also be found in
some areas of the municipality of Siocon website.
[Link] on June 2014). [6]. Figure 3A.2 shows the
map of the Canadian Area showing locations of mining permits and prospects.
Figure 3A.1. .Agricultural areas of Siocon showing rice and coconut plantations.
Figure 3A.2. Map of Canatuan, Siocon showing areas of mining and mining prospects
Source: TVI Pacific Inc. Annual information Form. March 19, 2014.
In the 1980s, gold panning activity in the Canatuan area was first recorded. Subsequently,
small-scale miners came to eke out a living. According to the Mines and Geosciences Bureau
161
(MGB) records, a Mineral Production Sharing Agreement (MPSA) was executed between the
government through the Department of Environment and Natural Resources (DENR) and
Ramon Bosque/ Benguet Corp. on October 23, 1996 (DENR. CENR-IX-A4, Siocon, Zamboanga
del Norte; cf Complete List of Approved MPSA - March 31, 2004 at [Link]).TVI (TVI
Minerals Processing, Inc. and TVI Resources Development (Phil,), Inc.)applied for an
Environmental Compliance Certificate (ECC) for the Canatuan Mining Project and obtained
approval on June 8, 1997 by the DENR through Secretary Victor O. Ramos ((DENR. CENR-IXA4, Siocon, Zamboanga del Norte).
A Deed of Assignment dated June 16, 1997 over the MPSA area was executed between
Ramon Bosque/Benguet Corporation and TVI Resource to assign, transfer and convey to the
latter all the rights, interests and obligations under the MPSA.. DENR approved the Deed of
Assignment on May 14, 1998(DENR. CENR-IX-A4, Siocon, Zamboanga del Norte;
[Link]
human
rights.
org/sites/default/files/media/bhr/files/[Link] .
Initially, TVI produced gold and silver dor from an overlying gossan (oxidized) portion of the
deposit from 2004 to 2008. As this upper portion of the ore body was mined out, the underlying,
primary sulphide portion of the deposit, containing copper and zinc, was exposed. By March
2009, TVI had finished the construction of a new sulphide production plant and started
commercial production of copper concentrate. TVI completed construction of a Zinc Circuit that
allowed for the production of zinc concentrate in April of 2010. The 39th shipment of copper
concentrate was completed on January 26, 2014 summing up a total production volume of
195,660 dmt and the 7th shipment of zinc concentrate was completed on January 7, 2014 for a
total volume of 30,548 dmt, as compared to an initially anticipated 119,800 dmt of copper
concentrate and 6,100 dmt of zinc concentrate. Reserves mined significantly exceeded initial
reserves as a result of additional material found and mined. The copper and zinc operations
have provided a 5.9 year mine life compared to an initially anticipated 5 to 6 year mine life, but
actual mill throughput has been much higher than planned.
The Company has stopped milling operations at its Canatuan mine after having exhausted its
remaining stockpile, pending the results of assessing various mine life extension and expansion
opportunities. The operation has been put under maintenance while evaluating mine life
extension options before the implementation of the planned final mine rehabilitation and
decommissioning plan ([Link] Mine/
[Link]; TVI Pacific Inc. Annual information Form. March 19, 2014).
Mitigating measures and corresponding programs were undertaken by TVI to deal with the
environment were obtained from the interviews as follows. Note that at the time of study, the
company was already on a decommissioning status and the researchers failed to have access
to their formal documents. But the research team was given a brief verbal orientation on the
status and partly observed the rehabilitation with plants growing along mined-out areas.
Table 3A. 8. Mitigating measures undertaken by TVI
Mitigating measures undertaken by TVI
Frequency
Percent
69.2
162
Frequency
Percent
Complete record with environment development, seedlingrehab on one body, tunnel back filling, tribal hall, re- routing
of river back to original water way embankment
7.7
Others
7.7
7.7
7.7
13
100
Concerning the Social Development Programs for the community as part of the corporate social
responsibility, the table below shows the programs/projects undertaken by TVI for the
community. These include infrastructure such as roads, barangay halls, health centers and
schools, livelihood projects for fishing and farming, mangrove planting, and royalty tax for the
IPs.
Frequency
Percent
17.1
14.3
11.4
14.3
5.7
Scholarship-NORSO
5.7
SDMP
5.7
5.7
2.9
2.9
2.9
2.9
2.9
Mangrove reforestation
2.9
IP royalty
2.9
Total
35
100.0
163
164
Figure [Link] and a water system along the Siocon proper - Canatuan access road.
A recent project by the Coastline Philippines, Inc. on the Physico-chemical and Trace Metal
Water Quality Assessment in Siocon and Sibugay Coastal Waters in November and December
2013 reported that Litoban river (one of the major river systems in Siocon with tributaries from
upland areas such as Canatuan) and Siocon coastal waters has acceptable values for
temperature and salinity; low dissolved oxygen (DO) and biological oxygen demand (BOD- is
the amount of dissolved oxygen needed by aerobic biological organisms to decompose organic
matter) and slightly acidic (pH5.2-5.8) waters were observed particularly in Litoban river;
upstream and midstream station cyanide concentrations in the river are slightly higher than the
set maximum of 2%; cyanide concentration in coastal stations are lower and acceptable;
transparency and mercury values are higher than the standard values set by the DENR with
0.02 parts per billion (ppb) for mercury (Coastline Philippines, Inc. 2013).
The report further discloses that small-scale mining industries are still actively utilizing mercury
for mineral processing and that cyanide used in large scale industries may have overflowed
from dumpsites in the upland areas. It must also be noted that the sampling was done during a
rainy season with reportedly heavy rainfall. With reference to data from previous years, water
quality assessment by the MMT for 2009 as reported in the 2010 environmental protection
program document of TVI (Annual Environmental Protection and Enhancement Program Year
2010. November 2009) shows that results of Free Cyanide analysis for the sampling event
conducted in March from the upper Canatuan Creek B identified presence of free cyanide
concentration in slight exceedance of the regulatory standards (Annual Environmental
Protection and Enhancement Program Year 2010. November 2009). However, split TVI sample
for the same station sent to a DENR accredited laboratory identified negative presence of free
cyanide in the water. This result was disregarded considering there are no potential sources of
free cyanide from this stream being not directly affected by the mining operations. All other
stations during this sampling event indicated absence of free cyanide contamination.
Further, results of free cyanide analysis for the sampling event conducted in July of the same
year from Upper Canatuan Creek an identified presence of free cyanide concentration in slight
exceedance of the regulatory standards. A resampling was conducted for the same station
which resulted in concentration of free cyanide below detection limits. All other sampling
stations during this monitoring event indicated absence of free cyanide contamination.
Generally, the water quality was reported to be within required ranges - at or below standard
acceptable values. Similarly, in 2013, the mean concentrations of the metals and physical
parameters were within the water quality standards and that there was some improvement in
water quality within those streams draining the surface mine and overburden waste disposal
areas which are subject to potential Acid Mine Drainage (TVI Pacific Inc. Annual information
Form. 2014). For sedimentation, it is apparent that several causes can be attributed other than
mining-related activities, these include farming practices, construction of roads and other
infrastructures such as housing, and even natural processes depending on the climatic
conditions and quality of the substrate. As for cyanide, it is presently the acceptable material for
gold extraction over mercury since the former can be degraded by microorganisms and
ultraviolet exposure. Hence, it is less likely for it to be accumulated as water is being transported
downstream towards the coastal areas, if ever leaking may have occurred.
Large-scale mining industries have already abandoned mercury, which is known to hyper
accumulate and is toxic to both humans and the environment, in favor of chemicals like cyanide.
But small-scale miners still utilize mercury because it is easy to use, cheap and leaves the gold
165
cleaner than just panning. On their end, TVI has taken measures to mitigate and monitor these
highly potential impacts as sedimentation and cyanide contamination. Erosion and
sedimentation were managed using surface erosion control structures, diversion canals, silt
fences and sedimentation ponds. Water quality has been reported to be monitored by the MMT
on a regular schedule. Several sediment ponds were maintained within the MPSA. These serve
as control strategies to mitigate the impacts of soil erosion and sediment conveyed by surface
water runoff to Canatuan, Lumot and Cusan Creeks. Furthermore, a Sulphide Tailings
Impoundment which serves to control sediment materials within the Canatuan Creek watershed
that are not captured by the smaller sediment ponds was complied (Fig. 3A.5). A neutralization
pond that serves as a treatment pond during instances when acid mine drainage is observed
was also constructed. Furthermore, researches such as on sediment pond effectiveness,
cyanide degradation and vegetation treatment of acid mine drainage are also being done.
166
the contained water and the top of the dam. Instead, the unfortunate event was due to
extraordinary heavy rain with precipitation exceeding way beyond the usual maximum (posted
by TVIRD on September 26, 2012 [Link] news_
id=20120926014307). Furthermore, there are impending risks of soil erosion on landscape
stability, particularly along roads and disturbed lands (Figure 3A.6).
Figure 3A.6. Areas showing potential landscape stability risks along the Canatuan-Siocon road.
Other TVI control strategies for the land resources focus primarily on rehabilitation and
revegetation of the disturbed lands. Progressive rehabilitation has been practiced particularly
within the overburden waste areas with activities carried out each year to rehabilitate areas no
longer active which include landscape stabilization, drainage controls and re-vegetation. These
also include those of the small scale mining areas operated by others. As of December 2013,
more than 52,000 seedlings were reportedly planted in 2013 with a large number being
threatened and endangered tree species. Through the end of 2013, more than 400,000
seedlings have been planted within the disturbed areas since the beginning of the Gossan
Phase operations. More than 100,000 seedlings are maintained within the two company
nurseries on a continual basis (TVIRD issues official statement on Siocon flooding (posted by
TVIRD
on
September
26,
2012.[Link]
Figure 3A.7 shows the sulphide mine open pit with revegetation activities commencing at the
topmost part. Through ocular observation, patches of dense areas with ferns and tall trees are
still evident along the road in Canatuan. With regards to final land use options, consultations on
closure planning discussed on the plantation of fruit-bearing trees. It was recently reported that
cacao plantation was found to be a feasible crop considering the soil quality and topography of
the area, in addition to low maintenance requirements of the plant. TVI is also involved in
rehabilitation programs outside the MPSA area such as its assistance in the development and
maintenance of mangrove areas within the vicinity of the Sta. Maria port, which was one of the
prime transport areas for the company. Air and noise pollution has also been regularly
monitored by the company.
167
Figure [Link] sulphide mine open pit with revegetation commencing at the top.
It is unavoidable that wildlife species within the area are disturbed by the presence of activities
from mining and support services. Animal poaching, however, may have been significantly
reduced due to security and limited access to the TVI Project Area. TVI, through an external
consultant, has done projects that monitor the mining operation impacts on aquatic and
terrestrial wildlife. The overall conclusion indicated that the area remains very diverse with
respect to wildlife species. Several threatened species identified in the baseline studies continue
to inhabit the area and have been able to successfully coexist with the mining and operations
activities (Annual Environmental Protection and Enhancement Program Year 2010. November
2009). The DENR CENR-IX-A4 based in Siocon also reported sightings and subsequent
location of the Philippine Eagle (Pithecophagajefferyi) nesting site in its adjacent municipality of
Baliguian, particularly in Barangay Benoni (DENR. CENR-IX-A4).It must be noted that each
breeding pair of this critically endangered species requires a wide home range. Their territory
has been estimated at about 100 km2, and a study on Mindanao found the nearest distance
between breeding pairs to be about 13 km on average, resulting in a circular plot of
133 km2(Bueser, GL, et al. 2003). Considering this, their presence has implications on the
ecological stability of the area, particularly, in Siocon as well.
Further rehabilitation and revegetation activities, including reconstruction of aquatic habitats are
anticipated to occur within the year.
168
APPENDIX 3B. Profile of Key Informant Interviews in Siocon, Zamboanga del Norte
(Decommissioned TVI Company)
Frequency
1
1
Percent
7.7
7.7
Cooperative
DENR
Fisher folk Association
Former Mayor
Former TVI Employee
Religious Sector
RHU
Senior Citizen
Women's Sector
Total
Organization
1
2
1
1
1
2
1
1
1
13
Frequency
7.7
15.4
7.7
7.7
7.7
15.4
7.7
7.7
7.7
100
Percent
None
30.8
Former Mayor
Ecosystem Management Specialist
Forestry Specialist, OIC-CENRO
Former TVI
Julian Soriano Memorial Comprehensive
Kauswagan Agrarian Reform Beneficiaries Multipurpose Coop
OIC-RHU
Siocon Market Vendors Association
Women's Organization
1
1
1
1
1
7.7
7.7
7.7
7.7
7.7
7.7
1
1
1
7.7
7.7
7.7
Total
13
100
Position
Frequency
Percent
President
25
Head Supervisor
25
Conservation Officer
25
M & E Officer
25
Total
100
Table 3B.2. Sex, Ethnic Affiliation, Education, Civil Status, No. Of Children and Occupation
Sex
Frequency Percent
Male
9
69.2
Female
4
30.8
Total
13
100
Ethnic Affiliation
Frequency Percent
Bisaya/Cebuano
8
61.5
Boholano
2
15.4
Ilocano
1
7.7
Tausug
1
7.7
Bicolano
1
7.7
Total
13
100.0
Highest educational attainment
Frequency Percent
High School Level
1
7.7
High School Graduate
1
7.7
College Level
1
7.7
College Graduate
8
61.5
169
2
13
Frequency
2
8
3
13
Frequency
15.4
100
Percent
15.4
61.5
23.1
100
Percent
9.1
45.5
27.3
18.2
Total
11
100
Occupation
Frequency
Percent
Business owner
23.07
No answer
15.4
Government Employee
15.4
Church worker
7.7
Development Officer
7.7
7.7
Priest
7.7
Retired
7.7
Teacher Principal
7.7
Total
13
100
Percent
30.8
7.7
7.7
7.7
15.4
7.7
23.1
100.0
Table 3B.4. Years of residents, Native born in the area and Place of origin
Years of residency in the area (in range)
Frequency Percent
10 years and below
30.8
11 - 20 years
7.7
21 - 30 years
7.7
31 - 40 years
15.4
41 - 50 years
15.4
51 - 60 years
7.7
15.4
Total
Native born in the area
Yes
13
Frequency
2
100
Percent
15.4
No
11
84.6
Total
13
100
Frequency
Percent
Dapitan City
Dipolog City
1
2
9.09
18.18
170
Piacan, Siraway
Sibuco
Surigao del Sur
Labason, Zamboanga del Norte
Alicia, Zamboanga Sibugay
1
1
1
1
1
9.09
9.09
9.09
9.09
9.09
Zamboanga City
18.18
9.09
Total
11
100
Additional Information
Table 3B.5. Experience of natural disaster, of other forms of disaster and Year natural disaster
happened and Years other forms of disaster
Experience of natural disaster
Frequency Percent
Flooding
11
68.8
Earthquake
2
12.5
Typhoon
Mining
Low Pressure Area
1
1
1
6.3
6.3
6.3
Total
Experience of other forms of
disaster
Fire
MILF attack/ War
Total
Year natural disasters happened
16
100
Frequency
Percent
4
6
10
Frequency
40
60
100
Percent
1952
2004
2012
2013
Total
Year other forms of disaster
happened
1972
2003
Total
1
2
2
9
14
7.14
14.28
14.28
64.29
100
Frequency
Percent
1
1
2
50
50
100
Percent
23.1
15.4
7.7
7.7
7.7
7.7
7.7
7.7
7.7
My mother died
7.7
Total
13
100.0
Intense rain / Houses were swept away due to continuous rain / Water
reached our house at half meters, market was affected but houses near river
swept away
There are a lot of flash flood occurring / After typhoons, the dam has flash
flood continually
August 2013 no casualties because it happened at daytime, structure of
basin/catchment of 3 rivers, heavy rains
Typhoon Pablo, downtown area
Damages on agriculture
Due to heavy rains, past two years happened in the municipality, 5 inches of
water
Houses destroyed
171
172
Fig.3.c.1 Entry protocol with Siocon Municipal Mayor, Hon. Julius S. Lobrigas
Fig. 3.c.3. The Central District/ Poblacion of Siocon (left: Rizal Park; back left: Municipal
Hall; right: Catholic Church).
173
[A]
[B]
[C]
[D]
Fig. 3.c.4. Landmarks of Siocon: A. Entrance Arc. [Link] Center C. Municipal Hall. D.
Cultural and Exhibition Centre.
[A]
[B]
174
Fig.3.c.5. Key informant interviews in Poblacion: A. with DENR CENRO OIC Rey. B.
with Siocon Market Vendors Association President, Mr. Juvael Musadin. C. With D. With the
DENR CENRO IX-A4 staff.
[A]
[B]
Fig. 3.c.6. Siocon Public market: A. Store selling silver. B. Tuna catch from nearby seas.
[A]
[B]
Fig. 3.c.7. Siocon River: A. Coconut plantations near the river bank. B. Children playing in
the river.
175
[A]
[B]
Fig. 3.c.8. Agricultural Areas: A. Corn plantation with cattle grazing, near the river
bank. B. Rice plantation showing the use of carabao/ traditional (left) and
modern methods/ tractor (right) in tilling the soil.
[A]
[B]
Fig. 3.c.9. Buildings in Canatuan: A. Canatuan Elementary School. B. TVI Cooperative
building.
[A]
[B]
176
[C]
[D]
Fig. 3.c.10. Communities in Canatuan: A-B. Stores along the road. C. A basketball
court and some houses; showing a woman washing and hanging clothes near the
wooden basketball ring board, and the sulphide mine pit at the back right. D. Some
residents and their dwellings along the smaller road where the mine open pit can be
clearly observed.
[A]
[B]
[C]
[D]
177
[E]
[F]
Fig. 3.c.11. Infrastructures of the large-scale mining company, TVI: A-B. The motorpool.
C-D. The sulphide mine open pit. E-F. Tailings impoundment facilities/ dam.
[A]
[B]
Fig. 3.c.12. Signage: A. TVIs SDMP highlights. B. The companys commitment to preserve
life.
[A]
[B]
[C]
[D]
178
[A]
[B]
Fig. 3.c.14. A small scale miners shop selling accessories made of gold and silver.
[A]
[B]
[C]
[D]
Fig. 3.c.15. Sights along the Siocon-Canatuan access road: A. Plants along the terrain. B.
Housing of TVI employees at the left. C. A small bridge with a nearby stream/
waterway. D. View from the top showing the meandering Siocon river and the coast.
179
180
181
182
183
184
185
186
187
Source: [Link]
Published 9:49 PM, Jun 28, 2012
Updated 12:10 PM, Jan 25, 2013
Accessed on 8:59PM, Aug 30, 2014
188