sadly, for the last 20 years, the state has not been receiving any returns from the products of this industry.

Our view is that mining is bringing irreparable damage to the environment… The goal is to bring all of us together towards a reform against mining. The hard facts reveal that the effects of mining is of public concern, but the reaping of the financial riches from these projects is highly privatized and not shared. if mining is to be allowed, there is a need for an effective regulation system.

Quibod: He hope that the conference will be an opportunity for us to be together insearch of the truth and knowledge and build friendship and build national poilicy for the environment, where we can also build enforcers of the environment.

The hard fact is that mining is growing. There is corruption is creeping. Human rights is being encroached and protected by private armies. While its epansion of waste and ricks and liabilities. In response to these problems, the media plays an important role. If mining is to exist, then a responsibnle mining should be established with certification and proper legislation.

Strengthen cause-state resolution and impose regulation on mining companies. Use innovation in filing lawsuits; if the companies are international, so should the laws that govern them.

Quibod: Central to her data was the definition of responsible mining. However, with such data, mining has contributed less. In fact, all that we get are the taxes, not what the government should get according to the mandate of the constitution.

If the government should promote mining, then they should learn to promote responsible mining. First, the government should have a share of the profit from the mining companies. They should have taxive authority, to be fair.

Quibod: This morning, when I saw that one-page ad from the Chamber of Mines in the newspapers, attacking our conference, I was amused. It just showed that we are a force to be reckoned with.

Quibod: Likewise, Dr. Goodman showed eight good reasons (I need not elaborate). The Tampakan Project is a risk not to be taken. Say no to the Tampakan Project!

Quibod: Mr. Kupiers showed slides of the state and conditions of the mines after the mining companies have left the areas. He showed the pit mines, ponds, lakes – this all tells us that mining is not good. All these slides do not look good.

The bottom line is, when in doubt, do not go mining.

Quibod: There is the bill, for the Philippine Mineral Resources Act of 2011. This new mineral-management legislation will replace the Philippine Minning Act of 1995, as mining is a questionable development model. The Act liberalized mining activities, allowing international companies to take over.

Soon it will be showed to the public, to get the show in the road. But it still needs our support.

Quibod: Under current law, the only fiscal gotten is taxes. No government share as far as the mineral resources are concerned. Currently, the government gains excise tax, which is just 2%. With the new Act, the government can get 40%.

Atty. Quibod, WE SHOULD SAY NO TO THIS PROJECT!

Arthur Pingoy on stage

has mining in the phils. lived up to the policy? mining firms and contractors will always say there is life in mining

Has mining in the Philippines lived up to its policy? There will always be debate between the environment and the economy. Contractors will always say there is “Mining is Life”, while environmentalists will contradict what they say by saying “Mining kills the fundemental… life”.

south cotabato, more than 50% of land is fertile area

2.5-M tons of copper-gold reserves in Tampakan area

We too have recognized from the decades of abuse by mining.

Gov. Arthur, It is the method of extraction we concern most. The balance of the ecosystem relies on us.

We believe that environment and economy are important, and the maintenance of balance depends on us.

part of the synthesis done by Atty. Quibod:

day 2

i saw the one page article on the chamber of mines criticizing this conference. that just shows that the chamber of mines consider us as a force to be reckoned with.
session 6:
mr. jesus and ms. riza and ms. luzviminda collaborated to show us the current developments in congress about the minerals management bill. in fact there is a consolidated bill known as the Mining Act of 2011.

the bill seeks for the conservation of mineral resources. the bill needs our full support.

an important feature is a matter on taxes: why the local gov’t could not tax [mining]. there is no gov’t share insofar as mineral resources. the gov’t should have at least 10% share from the net revenues, as well as the LGUs.

the LGUs cannot collect tax because of the NIRC, and the IRA code.

achievments of this conference:

1. a call for a moratorium on mining

2. there is a need to review on the gaps in the mining laws like the IPRA

3. there is a need to support the consolidated management bill

4. in the case of tampakan project, as peoples of mindanao, we should say no to the mining project.

The duty of protecting the environment is no longer exclusive to the state department, the DENR, but also it is the duty of others.

Gov. Arthur, Who decides for South Cotabato? As the governor, I have to implement the ordinance, banning of the open pit mining in South Cotabato.

Gov. Arthur, RIPE

We adhere to the principles of responsible mining.

revenue generating

impact oriented

participatory

ecological balance

Gov. Arthur, I believe that economy and environment can co-exist. The challenge is, can we maintain the equilibrium?

I believe that economy and environment can co-exist with responsible mining. We have the power to make or break the equilibrium, it is in our hands.

Gov. Arthur: we want to see mining laborers with improved qualities of life. we in the province are doing our best in making policies that are aimed to truly benefit the majority, not the few. we have resources that could benefit or destroy. the challenge is: could we maintain the equilibrium?

gina lopez on stage

—SAVE PALAWAN MOVEMENT PRESENTATION—-

-Gina Lopez-

acknowledgement of fr. joel, organizers, and special guests

Ma. Gina Lopez: commends the passion of the different individuals with such vivaciousness!

Lopez: “i don’t dislike politicians… only some of them.”

what leaves me uncomfortable — politicians with interests in mining

suggestion: background investigation of members of multisectoral group, check for vested interests

truth and the common good

mining companies engage in political campaigns, they fund the political campaigns. they funded ERAP, etc… and so i would like to suggest since the process of making reforms need real scientific information, it must necessarily pass through scientific regard.

mining gone up from 27 to 48 % …

UP economics study –empirical evidence shows that incidence of poverty in mining has gone up 75% from 1988-2009

Lopez: All groups – agriculture, manufacturing, even unemployed – had a reduction of poverty incidence, except mining! It rose by 7% between 1988-2006.

Gina Lopez, Poverty Incidence in all aspects

74% poverty in mining

Lopez: if poor people go to a sector and they stay poor year after year.

mining devastates the community

Lopez: How can mining claim to be the great hope of the people if it can’t even eradicate the impoverished from the community?

Lopez: That’s science.

the empirical data in our country, for 20 (?) years, has proved that mining cannot really claim that they are the hope for the future.

Lopez: nomining, no logging. he focus on tourism and good governance. now punto prinsesa has bloomed

 

puerto princesa story — mayor hagedorn said: no mining, no logging, focused instead on agriculture, tourism, good governance, increased forest cover. now a booming tourist destination. from 50-M investment to 10-B. 1 flight a week to 11 flights a day

Lopez: Puerto Princesa’s policy, “no mining, no logging”. Agriculture was focused, tourism, forest cover. In 18 years,investments rose from 50 million to 10 billion!

camsur — through tourism, reduced malnutrition by 45%, now a business and investment hub

bohol — tourism works

Lopez presents statistics (on tourism aspects) showing how well Puerto Princesa has boomed in terms of economical value by banning mining and logging in the area…. proving that saying no to mining is effective in making an impact.

camsur — most improved province

Lopez, I have 5 projects in Puerto Prinsesa. We spent 1.5 million pesos for the poor sectors there.

Lopez: i have spent 1.5 Million or 30,000 dollars for indigenous people.

focusing on tourism, instead of mining helps propel the positive impact on the economy.

lopez’s five projects: P1.5-M in 5 very poor communities
1) dolphin watching
2) firefly watching
3) snorkeling
4) mangrove board walk
5) ugong rock – 18-M year rock formation

ugong rock – from 30 families, now helps 200 families

Gina Lopez, Magandang Pilipinas Ecotourism Project boosts Puerto Prinsesa’s Economy and Tourism

she illustrates the progress that the Ugong Rock locality has been experiencing without spending anything. the only thing they did was to take care of their environment. Every meeting, they took oaths which include: taking care of the environment; living a healthy lifestyle; etc…

community based sustainable ecotourism

G. Lopez, Sustainable Ecotourism is stressed.

she points out that she is not referring to Boracay-type tourism. she refers to community-based sustainable eco-tourism: that the community itself, the people there, are also the ones benefiting from the environment without causing any destruction or massive change.

praises for current chair of NCIP

experiences in Brooke’s Point, Palawan

ECC not granted because NCIP

not enough to say no to mining, must do something about mining

Lopez: If you don’t solve the poverty, the communities will always be vulnerable to mining.

groups in sibuyan and mt. matalingahag are doing an inventory

Lopez: There is a difference between learning biodiversity with a pen and paper and learning biodiversity by going outside.

a school will be put up in brooke’s point

Gina Lopez, Brooke’s point is this place in Palawan when the govt will spend 1 billion dollars.

Lopez: Glamping = Glamor + Camping

GLAMPING : glamour camping

Gina Lopez, GLAMPING and Natural SPA features the best independent hotel.

GLAMPING: camping in the middle of the forest… with style.

Lopez: Mining has been done in such a long, long time and nothing has happened. If we can make progress without mining in a short span of time, it would become a loud, strong message to the government that there is a solution for the people to get out of poverty.

Lopez: We are not Singapore. We are not Malaysia. We are 7,100 beautiful islands!

Lopez making an emotionally-charged speech on how taking care of the environment is the most effective and righteous way to go.

Lopez: We don’t use it, they don’t pay for it, and there’s a much (5x) better way!

we are faced with an opposition that is financially powerful. but you know what we have on our side? the truth and the common good.

if we bond together, there is no way for our country not to see a better future. i just know it! (*standing ovation*)

Whoo!

standing ovation to ms Gina Lopez

Mindanao Declaration: Defending the dignity of life. Securing the Future.

Goodland: pverty reduction

Goodland: Poverty reduction

 

Q. paragraph 7 can we say something like the exploitation of indigenous people

In pragraph 5, if they say pay them well, is it ok? i think it is not. just to be explicit

1. We wanted to add another line about exploitation of indigenous people?

2. Regarding about the fees. We need to rephrase it.

We wanted to add another paragraph or line.

as regards as peace, she is not comfortable, let us rephrase it.

the threee point:

we wanted to ad another pragraph or line (amendment)

 

any objection? please indicate secretary

you will not meet the target if you do not plan

 

I want to add on roberts point, in 20years time, you will feed 130 million people, we will not meet the target if we continue the mining

British guy: The point is that in 30 years time, you have to feed 130 billion people. We need to plan the future of the Philippines in terms of industry and agriculture.

Less educated people, can they have access to environmental courts?

update:

 

2. on paragraph 7, can we say something on the exploitation of the indigenous people

3. paragraph 5 : we are not saying that if they pay well, it’s already ok. NO! it’s not ok. the environment is not for sale.
another speaker:

British delegate:

it’s a question of planning for the future of the people of the philippines, feeding 130 M people in 30 years time.
Clarification:

if the unedcated local people from the communities could have access to environmental courts at the local level.

Aerial spraying came back in 2011 here in Davao.. Why is this back?

there will b a legislative action.

Julan: suggestion on coming up with a day of action on People’s day for feb 22. and on march 3, a celebration on phil mining act of 1995 (?)

Peoples day on feb 2, and march 3 philippine mining act, do we have to remember this?

If small scale mining is included, there must be a transition in considering their situation, we need to consider their number. my suggestion is providing assistance to small scale miners who were affected.

Small-scale mining is included there must be a transition, considering their situation in the Compostela Valley’s small-scale mining. Part of the transition is providing a sustainable alternative and safer means of livelihood.

If small scale mining is included, there must be transition in terms of considering the situation in Compostella Valley’s small-scale mining. My suggestion is part of it is providing assistance to small-scale mining and provide safer means of livelihood.

The moratorium is only on large-scale.

to make it simple, the moratorium is just for large scale. please

should we approve that the moratorium be only imposed on large-scale mining?

I believe spiritual groups are a powerful force

another issue of moratorium, i think the lawyers can advice us about that.

Small scale mining should be regulated.

there is moratorium about large scale mining but probation on small scale mining should be promulgated.

although we are calling the moratorium on large-scale mining, small-scale mining should also be regulated.

Palawan case. They have moratorium but they cover only new ones,

palawan has a moratorium but it only covers the new mines. how about the old one?

suggestion: the moratorium should be specific to include both existing mines and old mines.

suggestion: small-scale miners should be provided with technical aid, financial assistance.

take out the phrase : “if necessary” … voted yes

Care it? Care it!

Do you have access on the community? or record?

Izel Hilarion from Mindanawon: comment: mali po ang spelling ni “Makli Indulag” … it should be Macli ….

Tabora: all of us approving the statements, collect our names and associations, i suggest it.

i second to the motion of father tabora

 

Fr Tabora, we adapt and approved the draft statement and give the draft to the draft committee.

It has been closed.

Fr. Tabora: i would like to move that 1. the substance of the statement should be subjected to the drafting committee, 2. that we also approve the statement, 3. that all of us who are approving of the statement should have our names appear on the statement.

Closing remarks by Rev. Fr. Antonio F. Moreno, S.J.

Lopez: Our goal is 10million signatures, not just for palawan but also no to mining island ecosystems and mining activities

all of the delegates are asked to give their signatures as proof of agreeing to the statement.

Closing remarks by Fr. moreno

closing remarks by father tabora

 

the closing speech is being given.

maybe they (chamber of mining) find that this conference is more daunting than those held in manila. but we here are just having fun. (*laughs*)

with climate change and global warming, Mindanao is the most vulnerable in the whole country. Now, i’m beginning to envy Sulu, Basilan, and Tawi-tawi, where no mining is existing… at least not now.

The conference has come to an end.

Music does not play?

Program will start in three minutes.

Steve Blodgett on Skype, Montana USA.

Jim Kupiers on Skype—

Blodgett: Was raised by mining family, became worker, engineer. I was constantly plagued by what the company’s been proposing.

Kupiers, Mining Reclamation and Closure Regulation

Blodgett: Let me stress that the principles, the practices that we do, are no different from what you should do.

Mr. Garganera: what takes place at this part of the world(carolina) is different from tropical countries.

Kupiers: we are the primary contractor of EPA

Blodgett: If you want a very detailed source of information for mining reclamation, the financial assurance guide for hardbrock mine cleanup (available on cd, since it’s still a draft)

Jim Kupers gives a 30 Minute lecture on Mining Reclamation and Closure via Skype from Montana, USA

Blodget: the information that we base courses on is US EPA guidance-deailed approach to mine reclamation and closure planning and financial assistance.

Blodget: what’s important is that nevada is the largest gold mine in the world.

Blodgett: There are three primary principles for reclamation and closure: Reclamation to Achieve Post-Mining Land Use (PMLU), Mitigation, and Financial Assurance 

Blodgett, Reclamation to Achieve Post-Mining LAnd Use (PMLU)

-Mitigation of potential release of hazardous substances

kupiers: regulations require proponent to post mining land use.

kupiers: with respect to storm patrols, we should take into consideration the philippines, you need to model for a monsoon.

Reclamation best PRactices:

- Regrading

-Storwater Controls

- you would literally to model for a monsoon event, reflective of a severe event that you have exeperienced.

- Growth Medium

- Revegetation

- Long-term

kupiers: we are trying to keep erotion

kupiers: pay attention to lang term demands.

Kupiers: If you want to revive the area’s old econsystem, attention has to be given to native plants. In this respect, cooperation with the indigenous peoples is important.

You can’t just throw in the seeds and be done with it. There is a long-term need for maintenance.

kupiers: a picture of a mine was flashed. it was a mine that reduces erosion.

Kupiers: some companies convert their old mines into recreation sites. There’s nothing wrong with that, but conversion to recreation is not a good substitute for reclamation

kupiers: for the first time we had proper characterization modeling done.

Mitigation is all about different practices to prevent the release and mobility of toxic substances.

kupiers: mitigation-protection of water resource and others.

-

kupiers: we have source controls, if those don’t work then we go to management. (for standards)

kupiers: when the problem occurs, they won’t be on the site. hopefully, your systems will work.

kupiers: a lot of mines were started by companies that took a high risk.

Riza Hontiveros arrives

kupiers: once we start managing contaminated water the overall cost will be 10 times than the original cost.

Kupiers, we need more knowledge on what is right for the PHilippines

it worked, in nevada it will work in the philippines. what we know, we are going to apply in the philippines.

What we think we know, we have to know things, in particular the Philippines, or any other country outside the US. Even in our country, we make mistakes.

kupiers: instead of a million dolar liability we have 100′s of millions of dollars.

Open forum for this session starts.

singko: would it be feasible for bioremediation  in the philippines to be conducted?

A: To my knowledge, every country is recommending reclamation, one way or another. One country has a long history of mining, done near proximity of where they live, so reclamation was taken action.

kupiers: as i look at places like canada, i comapre very similar to the Philippines as a country filed with minerals but have to be cautious.

We are seeing this as a common feature for responsible mining around the world.

waste rock used to build roads — spread of heavy metals

The mining company used the waste rocks on building the roads.

Mining companies use bio-accumulators. Heavy metals are absorbed by this bio-accumulators.

just because you can get a tree to grow doesn’t mean that you’ve taken care of the toxics.

Girl in black: if the heavy metals are spreading in the surface of the ground. these heavy metals would be absorbs by these bio accumulators and the trees. this would be dangerous to the environment.

kupiers: that really is a bad practice for anybody’s work.

A: you just brought up a reclamation that does not necessarily bring control. Just because they got a tree to grow does not mean that they handled the chemicals well. I think a proper reclamation plan would include covering over the waste rock. Using waste rock to build road is a bad reclamation practice.

Lopez, are trees effective?

Q: are colonizer trees effective in absorbing the waste?

Gina Lopez, How can you take away the metals or the minerals?

Girl: Are trees effective? how do you make the minerals disappear

kupiers: if the trees take the metal then the metals are now biodegradable.

G. Lopez @Kupier, Is there any kind of bio remediation with the nature of our country?

A: toxic metals absorbed in trees transformed, become more easily sprad

Girl: is there any kind of procedure that would work in the philippines

kupiers: idon;t anyone can answer that question confidently. may be we need go slow and projects that would prove our statements.

Q: has any effort at rehabilitation ever been successful?

Kupier, I can’t say we should never mine.

Girl: has any effort ever been successful in the world

kupiers: yes, there are mines that look forward to the damages and get ready for them.

A: not saying that it can’t be done, there are some successful mines, and these are the ones that think about the worst that could happen

—-Session 5 Starts—-

Garganera, from Alyansa Tigil Mina speaking

Garganera, New Mining Law in the Philippines

Garganera: from 2000 whenthe civil society decided to craft the society we have seen the evolution of the propiose mining’

evolution of new proposed policy on mining, started with Dapitan Initiative. this congress, three alternative laws

Garganera: ther is now a consolidated bill at the house of representatives.

February 22 – next hearing

now a consolidated bill at house of rep, nat res committee, next meeting feb 22

bill is being deliberated at nat res committee

Garganera: legislative inquiries at the house of representatives and senates.

Garganera, There is already a consolidated bill at the House of REp (NatRes Committee)

-There are legislative inquiries of House of Representatives and Senate

senate, just before christmas break, hosted impact on mining

communities directly affected by mining have given testimony

Garganera, Hopefully this would be in a plenary debate. This is the farthest stage that we have reached in history.

There were several attempts before to pass a mining law before this new one.

Garganera: this is the farthest stage that any proposal on any mining law has ever reach.

aggressive push in the house

Garganera, There has been so much noise about this mining law.

quiet from august to december about mining law, representatives wanted to insulate themselves to repel influence from mining industry

Garganera: we feel that an aggressive push in the house should be our mode for this year. being quiet as a deliberate move. we want to insulate ourselves and work out in the community level.

aggressive push in media, popularization … start with a bang at the senate

Gardenera: The silence on pushing the bill was deliberate. Aug to December 2011, no media projection was made for the proposal. They want to insulate themselves, repel from influence by the mining companies and focus on proposing the bill.

if we want the bill to pass, it’s a different ballgame in congress

has to be a groundswell of support, capture and project that

Gardenera: If we want the bill the pass, it is a different ball game inside. It is a different case with the different sectors of the mining communities send hundreds of letters. There has to be a groundset of support.

create a parallel effort for no-go zone

if we want the bill to pass, it’s a different ball game inside the house of senate. when there is a thousand people outside the senate clamming that the bill had been passed.

Garganera, We need to keep pushing the envelope. No-Go-Zone Bill must be pushed through.

Garganera: Put the bet on the table- “AMMB is our interpretation of how mining can be responsible”

Garganera: our position is, let’s put our bet on the table. this is how we see responsible mining. anything less than the passage of that bill is irresponsible, and dirty minded.

Gardenera: They have always stated that they are for responsible mining. So lets’s put our bets on the table. All the criteria and material that is consistent with responsible mining is in that bill. Anything less is irrational and dirty-minded.

Garganera: nothing compares when the local people work with the local government.

GARGANERA: Local legilation is better!

1. Classical mining moratoria by oriental mindoro, occidental, and marinduque and capiz

2. Resolutions, local ordinances and executive orders against large-scale mining by LGu’s

3. Environment codes of south cotabato and zamboanga del norte

Garganera, Local legislation is better. Nothing comes better when local communities go hand in hand with the local government.

Garganera: are we looking at the DNR secretary in the future? everyone needs to focus on the Corona impeachment.

Garganera:Things to watch out

1. A new DENR secretary

2.Legislations start the electoral soap opera in oct 2012

3.impacts of corona impeachment

 

Gardenera: We have to be wary of several things, such as a DENR secretary, the imact of the Corona impeachment trial, electoral soap opera via campaign, and the like.

Garganera, Are we looking for a new DENR sec?

-By October 2012, legislators start the electoral soap opera.

-impacts of the Corona impeachment

Hontiveros: the onslaught of natural disasters must be a warning.

Hontiveros, Akbayan Partylist: Our conduct has always been marked arrogance, one centered by our own needs. Unfortunately, we have been associated with greed. The environmental disasters should be a mark for change, and should not be divorced with human activities.

Hontiveros: Our collective conduct is mark with arrogance. 1. human satisfaction of our capacity of our own planet. Associated with greed. We are causing global warming. Easy rainfall causes flash floods

Hontiveros: harmonizing our system demands careful planning yet we only remember this when disaster strikes.

Hontiveros: We know that harmonizing our system with sustainable development is significant. We only know this when disaster strikes, and unfortuately when lives have been lost.

Hontiveros: House Bill 67-33 is a critique.

HB3763 Minerals Management Bill

Hontiveros: Show me a town that benefits from mining, and I’ll say there is none

Hontiveros: The history of mining speaks of abuses of human dignity and the environment. Tell me a town that has reaped the benefits of mining, and I’ll show you a town that does not exist. House Bill 67-33 is a rejection of the status quo.

Hontiveros: the minerals management bill is the rejection of the status quot. we don’t own the earth but we are its guardian.

Hontiveros, filipinos should be the main beneficiaries of mining.

Hontiveros: The issue is not just our income but our future.

Hontiveros, The issue is not just our income, but our future.

Hontiveros, 10% royalty to the IPs

Hontiveros: daghang salamat sa inyong tanan.

corrects the notion that only economic growth matters

music plays. ZzzzZZZ

Luz Ilagan on stage

Hon. Luz Ilagan presents updates on the passage of an alternative mining act

3rd speaker for session 5, Luzviminda Ilagan, on stage

Ilagan: killings and violence had been done because of republic 7942

Ilagan: there were 3 bills on Mining passed in Congress

transitory provision of consolidated bill: while we are awaiting the passage of consolidated mining bill, we should have a moratorium

Ilagan: transitory provisions states that while we are awaiting there should be a moratorium of all mining activities

prevent implementation of mining permits already given to corporations

Ilagan: while we are awaiting the passage of this bill, there should be a moratorium on  any mining act.

Transitory Provisions of the bill being passed say that there should be a moratorium before the bill takes effect

Ilagan, The bill proposes a moratorium on all mining activities under all systems are in place for the Act……

Ilagan shows pictures of the damage of “small scale mining” in Palawan personally taken

Ilagan, at Palawan, Small scale-large scale destruction

(presenting aerial views of palawan mining) (in the middle of riceland)

Ilagan: picture of palawan mining was flashed. a big damage on land had been done by a “small mining corporation”

-the mining company was lying when they said that they were not harmony the land.

Ilagan’s pictures reveal that the mining was in the middle of rice fields. Farmers showed that their rice grains were hollow

rice grains were hollow

Ilagan: we saw the devastation in palawan using a vietnam war chopper. The view was fun seeing it because the mining is telling a lie that they did not harm the environment but we seen it. there are pits at the center of the fields. When this were shown to the company, they said they pampered the field

Ilagan: the rice grains were hallow because of the mining company. teh mining company said that they were doctoring their fields. how can farmers doctor their own fields?

HB4315 an act reorienting the phil. mining industry, ensuring the highest industry development standards

Ilagan, Bills filed: As Alternative to RA 7942

HB 4315- An Act Reorienting the Phil. Mining Industry

Ilagan: HB 4315, An act reorienting the Phil. Mining Industry, by Rep. Mariana, Rep. Casino, et al

HB3763 an act to regulate the rational exploration, development , and utilization of mineral resources

Cont…

Hb 3763 An Act to regulate the Rational Exploration……

Hb 206–

HB206 – act to regulate the rational exploration, development, and utilization

Ilagan: Bills field, Hb4315 act reorienting mining industry, ensuring the highest industry development standards, and for other purposes

Hb3763 to regulate the rational exploration, development and utilization of mineral resources

HB206- regulate the rational exploration development and utilization of mineral resources,

feb 22, 2012 next hearing

Ilagan: HB 206: the bills had been consolidated and the finale hearing would be in feb. 2, 2012.

mining should be state-led, and needs-driven

unlike existing law which is sector-led

Highly regulated policy environment for the mining industry in order to protect…….

Ilagan: Major features

Policy environment and investment struicture

state led and domestic needs driven total development of the mining industry

Highly-regulated policy environment for the mining industry in order to protect our environment

biased but no totally foreclose the participation of foreign investments

Foreign investors must pay proper taxes.

Ilagan: foreign investors must pay the proper taxes form the income they have from mining.

multisectoral council to decide which mining companies to allow

Ilagan: Multisectoral Mining Council to be formed by consolidate bill to permit or reject attempts to mine

Ilagan: only the state has the rate for exploration.

Ilagan: with the bill, only the state will have the right to exploration

Ilagan, Only the State has the right to Exploration.

: scale and terms of exploration and extraction

allowing or not allowing mining and the scale of expliration and extraction is decided,

 

only the state has the right to exploration.

only the state has the right to exploration

limit to 500 ha.

The mining should not exceed 500 hectares wide and does not exceed 15 years

 

Ilagan: mining companies are required for rigorous screening pf their plan minimizing he negative impact of their mines and regeneration of the environment.

Ilagan: concerns

Safety nets

Creation of trust fund and application of bonds to rehabilitation and disaster response

 

Ilagan: new law ensures the participation of lgu’s in the decision making whether to allow mining or not in there aor

Ilagan: there is a challenge for civil society to pressure their lawmakers to pass this bill. Constituent pressure is necessary

Ilagan: Human rights

Sensitive to the issue of human rights

thus, it expressly prohibits the use of the military and other armed forces

Music plays”

Open forum begins

—Panel discusssion starts—-

Q(Bernie Lopez): there is a larger arena, that is the IPRA, the IPRA conflicts with the mining act. we know that. the larger arena is to merge the two. Primacy must go to people, not to profits. Your thoughts?

Bernie Lopez: (all 3) could the IPRA and the Mining act be consolidated?

bernie: there is a larger arena that the mining act. there is something bigger and that is the IBRA and it conflicts with the mining. and we should combine the two.

new proposed mining bill is the most ip-centric

Garganera: This is so far the most pro-IP Mining bill yet.

Ilagan: @Bernie: if there is a need to review the IPRA then we shall review the IPRA.

make sure the IP perspective is reflected in the proposed bill.

(ilagan): all other laws contradictory to the new law should be repealed or reviewed. IPs are most affected by mining activity.

Ilagan: if there is a need to review the IPRA, then it should be reviewed. The mining bill must also be reviewed to correspond to the IPRA, and when it is passed all existing laws must also be reviewed to see if they agree to the two acts

Ilagan: all other laws that contradict to the new law will be repelled or questioned

Lopez: but! the IPRA must prevail. primacy on people. (in contradiction to what Ilagan said)

Baraquel: important to harmonize the legislation.

Hontiveros, There’s a need to harmonize social legislation.

Hontiveros, The whole package of legislation must be harmonized.

Hontiveros: it is important to harmonize legislation. the Mining act of 1995 is unconstitutional. There are also a lot of other laws that are contradictory to each other.

Baraquel: it was indigenous people who took issue to the FTAA.

Baraquel: it was indigenous people who took the issue of the bill of 1995 and passed alternative mineral bill

Hontiveros: it was the IP community which first raised the unconstitutionality of the Mining Act of 1995

Baraquel: primacy given to IP, identification of no-go zones to include ancestral domains

Hontiveros: in our bill, primacy is given to the decision of the IPs in the locality

Gina Lopez: 3 points.

1. I hope that what happens to the bill goes well than the one with Palawan.

We can have laws, but how can we ensure that these don’t end up bastardized and abused by the people?

Gina Lopez: we can have laws and regulations, but how can we ensure that these laws don’t become bastardized? I would rather take it away from politicians and put it with civil society and scientists.

Q. Lopez: I hope that what happens will not be the same of the palawans. the idea was the palawan will be protected from the outside. how are we gonna ensure this laws will not abuse the people?

Are we gonna put the power in the hands of dubious politicians?

Gina Lopez: we have laws, but how can we make sure that they are not bastardized to abuse people? I say we remove this responsibility from politicians and give it to the people who know what to do: the scientists and specialists.

I think you know that politicians can’t be trusted. Hahahaha

Q.Lopez. Politicians cannot be trusted. people LOL

Gina Lopez: why put it from 500 to 750 (ha) when it even 200 ha can cause so much damage (citing Rapu Rapu)

Gina Lopez, Responsible mining=Benefit of the people

Gina Lopez: why put the figures to 500 when even 200 can ruin the island? can the Chamber of Mines prove that mines can be proven and that indeed there is economic growth in just one area because of mining? Can we put that demand in the TransProv of the bill?

Q.Lopez: why cant we put in the law that first we should prove it that mining benefit the people, is there one area that benefited the mining. Then prove it! just one place, then this person said none.

Gina Lopez: put it in the transitory provision, prove that there is one place with responsible mining

Ilagan: the beauty of being a member of a partylist is that we just pretend to be politicians

Luz Ilagan: The beauty of begin a member of a party list is that we can all pretend to be politicians.

Ilagan, The beauty of being a member of a partylist is that we act like politicians.

Ilagan: We just pretend to be politicians. (People LOL)

Girl: how are we gonna ensure that these law don;t get bastardized and end up abusing the rights of the people.

do we have one area where mining has ever been successful in the Philippines? Can it be done?

 

Ilagan: the beauty of being in a party list is that  we just pretend to be politicians.

Ilagan: being party list, we only pretend to be politicians. we influence other politicians. in this bill, we propose a multisectoral council — their input is important, not put everything with politicians

Ilagan: we should not trust the politicians only. People like you should also help us.

Ilagan: now that we’re in Congress, we get to influence people we used to mistrust. the provisions in the bill put primacy on the will of the local IPs, and so they must be told not to just trust politicians. We cannot work in a vacuum, so this is what we start with. You (Lopez) can help us by lobbying for amendments thereto

Baraquel: i was also an activist when i was still in HS. We have to take back what politics suppose to be.

Hontiveros: I’ve been an activist since HS. But I ended up being a politician. We have to take back what politics was originally supposed to be.

The primary goal has always been with citizens. there is also a great call to reform the state and the private sector.

Baraquel: we propose institutional reports. MGB will be removed from the DNR.

baraquel: MGB would no longer have the ability to process licenses; MGB to be moved from DENR to DOST, purely research capacity

Hontiveros: the PCSD is indeed an example of how law can be used to abuse people. that is why the bill will have provisions to ensure this will not happen. the Multisectopral mineral council will put primacy in the IPs

Hontiveros: the bill came out with many consultations with affected areas

Baraquel: islands are No-go-zone. because if you mine there, you should expect it will sink in the ocean

Why are we still pushing for a new law on mining?

Garganera:we did not want the mining to continue because it encourage the large scale mining to spread here

Garganera, we don’t want the current mining law to continue. repeal the current mining law and make something better

Garganera: why are we pushing for a new law on mining? dilemma. in the end, we didn’t want the exisitng mining law to continue. either you repeal the law and revert to the old Marcos-era law, which is worse! so repeal and put forward a new law

Garganera: we’ll make sure to note miss Lopez’s mention of the PCSD before we hold the hearing this February.

We did not want the current mining law to continue, because it was encouraging large scale mining. But returning to the Marcos era law would be worse, so this bill is the best option we have.

garganera: we have to be very honest why is ATM still pushing a new law on mining? we already agreed to stop mining. at the moment, to offer a better law on mining was the best option that we had.

Q: how many legislators do you think in the LowerHouse are in favor of this bill?

Ilagan: Its going to be difficult to come up with political mapping.

Ilagan: it’s hard to say. Legislators will say they’re pro IP, pro Environment, etc. But they will not commit to the bill readily. Many of the pro-mining legislators are Pro-Mining! They also happen to be investors in mining!

lalake: ilan ba ang susuporta dito?

 

Ilagan: many are non-pro-mining but when we ask them: are you going to vote for this law? they say we have to look back at our constituents.

Q: what are chances of this bill?

A (Ilagan): hard to answer. difficult to come up with political mapping. noncommittal. many of our legislators are pro-mining, unfortunately, too, they come from mindanao. spouses are officials of LGU, and invested in mining companies.

we need to build constituencies. you have to help us. lobby of mining companies is very strong

Ilagan: Constituents need to convince people outside Congress, we will do the convincing inside it

Ilagan: but there had been success stories where people had been able to stop and pressure the mining company in their area.

Baraquel: there’s small but senior senate that co authored the bill. we have at least a fighting chance.

i would like to add president Noy. he said we can talk about it.

A(Baraquel): i’m heartened that when we refiled the bill, a small but senior core of members from the house co-authored the bill. i think we have a fighting chance. this is the farthest we’ve brought a bill of this kind.

Pnoy, during the campaign, mining interests coming to him. aware of many of the decisions (involving MGB transfer…,)

I think, congress, right now is the center of the action.

Hontiveros: there is a small but senior core of legislators who authored the bill, this is a good thing. We have a fighting chance. President Noy is also a factor. I talked to him about the bill, and he seemed to be generally aware of it. He has indeed said today that he will give his mining policy by the end of February. yes, Congress is the center of action for this bill, but let us also engage the President

Baraquel: congress is the center of the action but let’s take in account the president.

Chit Asis, from Caraga, it takes a lot of  time and maneuver in getting the mining passed in the congress.

Q(Chit Asis from Caraga): in our experience with legislation, takes a long time. time is of the essence. is there something this conference can do to push for an EO for moratorium?

Chit Asiz from Caraga: this bill might be passed in the next Congress, but time is of the essence. Is there something this Conference can do to pressure an EO to be issued for a moratorium?

Garganera, the way it was explained to me, this congress has brought back and old tradition.All pending legislation will go back to zero by June 2013.

Garganera: the way it was explained to me by the chief of staff was that this congress has adapted a different, they have brought back a traditional legislation.

A(Garganera): all pending bills left pending by April (when they go on recess), wherever it stops, it automatically restarts at that level in 2013

Mining is an important issue not only for the mining community but also those in the downstream and in the major stream.

Garganera: all pending bills that are left pending will be continued automatically where it stopped on the next Congress. But it will be a challenge still.

This election we have to project that fact that mining is an issue not only in the affected areas but in all constituencies

Garganera: The magic number for committee report is 36.

Garganera:

- committee level: 14 out of 35 needed
- Floor: 45 out of 145 needed

We’re asking the LP if this is gonna be a party priority

Ilagan: the numbers matter. and there has been an agreement on all committees that if a bill has been passed and reaches the initial debate, automatically,  that bill will be taken up to the next stage.

Hontiveros: Perhaps we can convince the president to issue an EO on No-go zones

Q. Our place is the first one to disappear. I am standing for socksargen, is there a way to investigate this NCIP of the people and they are damaging a lot. I hope their is an investigation for the right of indigenous people

 

Q: is there a way to have NCIP people investigated? they are doing a lot of damage when they are supposed to be the protectors.

Q: can we call for an investigation on thew NCIP people, who are instead abusing the IPs?

A(Ilagan): NCIP has a lot to answer for. these people are entrenched in the organization. some have been replaced, hopefully by individuals who have a different understanding of their task. the investigations are ongoing

Ilagan: yes, the NCIP needs to answer a lot of questions. but there are positive steps: there have been replacements. There are also investigations ongoing.

SOCSKSARGEN: amung lugar ang una nga maguba pag mugawas na nga mina. is there a way to investigate the NCIP people because they are damaging a lot and dividing  our people a lot. i suggest to conduct an investigation to the NCIP people.

 

how can we reconcile the power play between the council and the tribal leaders.

 

Ilagan: you’re right NCIP has a lot to answer for. but some had already been replaced. and number two, the investigations are on going actually.

Ilagan: we have long way to go. there are positive change, they have been replaced hopefully.

the investigations are on going and there are reports on the indigenous people.

A(Baraquel): new commissioner is long-time ally of IPs frm cordilleras, can also ask to file resolution through representative

Q: how can we reconcile the power balance between the IPs and the MMC in the bill?

Garganera: I’ll answer 2nd question. in the propose bill, the indigenous people have representatives in the council. whatever that council decide on, they do not prejudice.

Garganera, the mining company must get the FTIC from the IPs.

Garganera: whatever that council decides on, that council doesn’t not prejudice the FBI.

even if the multisectoral council agrees, the CADC holder must still get the FPIC of the IP in the area

Garganera: the IPs will have a representative in the MMC, but the MMC will never get in the way of the FIPC of the IPs. If the company cannot get the FIPC of the IPs, no mining

Ilagan: There is a review of all the FIPC released. Tribal Leaders will be reviewed.

Ilagan, There are tribal leaders who happens to be in the pay roll of mining companies.

Ilagan: @SOCSKSARGEN: there are tribal leaders that are under the mining company.

A(Ilagan): there are some tribal leaders on the payroll of the mining companies. Want to avoid this conflict of interest. Need to clean up the list of NCIP.

Ilagan: there is a resolution and discussion that will review about tribal leaders. They are made to submit a list of tribal leaders considered legal leaders, All FPIC are being reviewed, because there are tribal leaders that are also payrolls in the Mining companies. There is fighting of interest. this tribal leaders should not be in the list and explain the process. Most processes are shortcut.all this big set of document who are real elders that NCIP recognizes

Governor: who will be responsible now? should it be just the NGO or the people of South Cotabato.

Q(Gov. Pingoy): who will decide for south cotabota? only Ngos? national gov’t? people of south cotabato (incl. politicians). under mining act of 1995, the royalty should not be less than 1%.

as long as i am governor, i will not allow open-pit mining.

Gov. Pingoy of South Cotabato: who will decide for each locality, just the NGOs and the POs? what of the government? Should not the LGU also have a say when talking of the locality’s engagement into mining? (as long as I am governor of the province, no open pit mining will happen)

A(Ilagan); 1% of how much? unless we can properly determine…. i have seen how tribes are made to fight one another, even killing each other.

Ilagan: yes, the IPs het 1%, but 1% of what? it has not been clarified. This has also sparked killings among tribal leaders over the 1%. And if they get 1% a month, why do they still look so “yagit?”

if they are getting P9-M per month, how can they look so “yagit”? “Yagit lagi, ma’am, pero na-a na sila hillocks” “hillocs?” hi-lux

Ilagan: the damage has been done. What use is the royalty, though, if people have been killed? (pass suggestions though)

CENR Rep: P-noy’s planning to propose his program for the mining policy, Nationalizing the mining program,

Maki Madaraso, SOS Sagip Bayan Network: What would be the subjective value of the provision against metal recycling?

Q(Maderazo): what is the strategic provision for including recycling into mining law? recycling rates of metals — way below worldwide

Q. Maderaso: Would their be strategic value of metal recycling.

Ilagan @ Madaraso, it would have to be a separate legislation

A(Ilagan): recycling would have to be a separate bill.

Mackee Maderaso: one report is on metals. the recycling rates of metals. Is there a strategic value on metal recycling or would we have to make a separate law?

 

Ilagan: it would have to be a different law. but we are open to your suggestions.

Fr. Archie, my question is on the policy in the consistency of the national and local laws.

Q(Fr. Archie): policy inconsistencies between national law and local law. State claims to have ownership of mines and minerals, but also mandate LGU control. no clear policies to reconcile these laws.

Fr. Archie: The constitution and the  laws mandate the principle of local autonomy. However, there are no clear rules to reconcile these laws. what is the sodomonic view of these laws? (?)

A(Garganera): not only that, but also extend to IP because of IPRA. state owns minerals, but state extends its ownership to the lower level (including IP), locals are in the best position to determine what is best — this is the legal theory. but there is not enough jurisprudence

Father Archie: what is the socioeconomic view on this view?

 

Garganera: the lawyers propose this approach. the state owns the minerals. the state is extending the minerals to the indigenous people because they know that the use and unused of these minerals are best sufficed by them.

The state owns the minerals but they extend the ownership to the locals because the find that the locals have the more effective view on what to do with these minerals. According to the IPRA the locals and the indigenous have the say on what to do with these minerals.

Garganera: one of our issues is if we would be allowed to make small islands a no go zone.

A: maybe it went up to 70 because the secretary instructed to add the three bills. but really, it’s not on the executive mining bill. ….apparently, some members of the cabinet are saying to not include some islands as no go zones.

Q: i found similar provisions on multi-secular council rep act of 7942. in the RA, it was a requirement that a prior consultation must be made to LGUs before being able to implement a mining project. what are these levels of LGUs that are members of the multi-secular council? What will be the extent of the participation of the IVs(?) ?

guy who sounds angry: (states some multi sectoral sections from the Philippine constitution)

 

garganera: every application goes to the DNR office then they accept it then give it a number. you now have to go the local government unit and get the consent from the indigenous people.

A: the multi-secular council can decide whether or not to open a certain site. the moment they decide not to open the site, the DENR cannot open the site for mining.

Q(Zambo del Norte rep): how will multisectoral council work? what composition? what is extent of participation of IPs? (some IPs are the one pushing for mining)

A(Garganera): eveery application goes to DENR office. mining company must get the consent, but in principle already has a permit. we want to shift the power from president and DENR to the local. in fact, the multisectoral council can decide whether to open up site or not (even without a pending mining application.)

Q: which level? barangay, city, or province?

A: not defined yet. part of implementing rules and regulations

Garganera: every application goes to the DNR office and they accept it and give a number. telling the mining company to go to the local government and go to the indigenous people and consult them. Right now that any mining company and get a number and go to the LGU.

Simmons (Mindanao Peace Institute), How do we build partnerships with mining companies in sustaining responsible mining?

Garganera: There are people truly believe the chamber of minds lied

Garganera, The Chamber of Mines is doing something wrong.

jeremy: how do we build partnerships or bridges with my companies to other companies that might be interested in building responsible mining companies.

Joe Priest: how do we deal with possible violators if this law shall be passed.

Ilagan: there are provisions on how to deal with this kinds of people.

music plays. all the speakers leave the stage.

Session 5 ends. —Maguyan Band—-

Maguyan Band, on stage

Intermission number from Maguyan band

Maguyan band awed the crowd with their environmental song

Atty. Manuel Quibod will be giving the synthesis for the proceedings

Atty. Quibod, on stage –synthesis—

Quibod – recognizes the importance of mindanao, as the substatial number  of about 43% is found here in Mindanao.

Quibod: It was indeed fruitful for the conference that they could meet and articulate on the mining of Mindanao. Not only does it have biggest and largest project in Mindanao, but because the mineral is found in Mindanao. Our 1987 Constitution madnates taht we should exploit our mineral resources. It’s for the state.

Sadly, the state has not received the profit from these companies.

Quibod, International solidarity plays an important role.

Hon. Luz Ilagan is being interviewed by ABS-CBN and GMA outside the auditorium.

Wicks introduced. Conservation and development consultant

structure is not present to manage mining in the Philippines

meeting with DENR and Dept. of Agriculture. DENR very worried.

Dr. Goodland: we have a lot of people killed working with us.

talk is dedicated to Fr. Pops Tentorio and Councilor Armin Marin. Threats to their own life as well.

Goodland: I think that any company that is involved in violence should be thrown out of the Philippines.

Goodland: You cannot use your private armies to stop people who’s criticizing you, or killing other people.

Dr. Wicks: A lot of people killed with us. 11 people killed for 4 years, they were threatening us. Any violence should be thrown out. Especially using private army to scare the institution.

Dr. Wicks: i think any company that start killing should be thrown away from the philippienes. you can not use your army to kill people r to stop discriminating you.

unacceptable to have any company involved in violence to operate in the phils

Wicks: This man was killed in the mines, I had enough with this. He was shot in the mouth and I am very angry.

Wicks: all of us are volunteers, we are trying to sort out the problem and its a great honor working you all

emotional moment as he flashes a picture of Counc. Marin who was shot in the mouth by a mine guard

Dr. Wick: the philippine is the worlds 13 top biodiversity in the world.

one of biggest problems, loss of forest cover

Phils in ring of fire. existent dangers. and now to add open pit mining.

If you build a mine in an area full of fault lines, you will have induced seismic activitiies.

Dr. Wick: you wanna put overcast mining in the area full of fault line. you are doing induce damage.

Wicks: Philippines is one of the countries possesses rich biodiversity. THe problem is you are close to the ring of fire. you have many activities like earthquakes. When you start mining and dig 800 meters, you will cause seismic activity.

ex-strata wouldn’t even answer question on induced seismic activity. they know what it is, why won’t they comment on it? because of risk factor.

Dr. Wick: when the philippines wanted to be independent, i supported it.

Dr. Wick: i ahve never said anything so systematically destructive as the mining in the Philippines.

Dr. Wick: “Mr. Romares, i did not come here to insult you, nor did i come here to see you the destruction cause by your mining.

Wicks: We started here in 2000, I have been involve with the Php for years now, in 2006 we came out here, She said I have never seen such situation before. (ROmares)

Clare Short – former British Minister for International Development (Dfid)

Dr. Wick: the problem is rooted to the government.. to sustain environmental resource.”

“problem is rooted in failure of phil. gov’t to maintain health of its agricultural sector” –claire short (see presentation)

Wicks: the problem is rooted in the failure of the government to maintain the health of its agriculture

came up with report called “Mining or Food?”

Dr. Wick: mining or food. tampakan wants a tunnel to let the water run.

when you think of Tampakan, think of Marcopper and Marinduque. they want a pipe of water. that collapsed. result: acid mine drainage

Wicks: Tampacan, Think of marinduque. When you have drainage, the soil will collapse

spatial planning: start with agriculture and watershed, then coastal and marine biodiversity.

Dr. Wick: we need to see the currents because we need to se if there is mine pollution.

problem with mine pollution (as in PNG): whole coastal damage

Wicks: I do the mapping, so we started with agriculture, we even have the direction the currents. You will know where the sea will carry the land.

phils. has not even really developed its tourism at all.

(showing maps of sibuyan island in romblon)

can’t afford to have mine wastes going into shallow seas.

Dr. Wick: the speaker is describing the map. he illustrate the mine waste and route for water tunnels.

Wick: *looking at map* Looking at the yellow bits, they are suitable for agriculture, but they’re already covered by mining tenements.

Wicks: Php does not have tourism at all, but there is a potential since there is a wide protected area landscape. We also ancestral domains there. We have shallow seas, we cannot do mining here because we destroy coral reefs and sea beds

(showing map of mine tenements in zambo) — agricultural areas planned to convert into mines

Wicks: This is the worse, the department of DNR, and the part of the island is filled with mining plans and activities.

Dr. Wick: the map of the philippines is showed. every single part of the island that is agriculture is mined.

Midsayap: water catchment area, highly productive agriculture area, irrigated, fishponds — mine pollution also damages fishponds

Dr. Wick: describing the map for Zamboanga del sur, the irrigated rice fields are damaged by rice pollution and also destroys fishponds.

Wicks: Zamboang. mine destroys rice production as well as ponds. How is this happening? why do you not consult the department of agriculture?

(oops, Midsalip, not Midsayap)

Wicks: The rice fields below the mining site receives all the chemical. There is no proper drainage and people will be killed consuming the crops.

FPIC law is a joke (with the mining companies)

Dr. Wick: the representative of the indigenous people is working for the minig company

 

Wicks: The indigenous people are working in the mine and they are protecting it.

representative of the Commission for Indigenous People works for the mining companies

Wick: Whenever you are called to a mining meeting, you are forced to sign a paper for attendance. That paper goes attached to a document saying that you and all those people on the list have agreed to mining. It’s going all around, and that is an unacceptable practice.

Wicks: Mt Canatuan case, what happens when there is mining activity, houses will be torn down because of the digging.

Dr. Wick: when a miner comes into an area and you don;t want them to work, they will do destructive things in your house. (a picture is shown)

Tampakan: a risk for ever

“The mine has a high potential for loss of life and high environmental damage if a failure of the dams or waste rock storage facility occurs.” — from the SMI report

tampakan map (areas in yellow are agricultural land

Dr. Wick: koronadal map is shown: large scale yellow areas are irrigated fields.

pollution will go into aquifers. once it goes in, you can’t clean it up

Dr. Wick: if you classify as a water area, you should throw all the people out.

Wick: They try to claim that their pollution will not go to the mountain’s aquefers and run towards the lake (and harming woodsmen in the area in the process). Of course it’s going to pollute the aquefers, and when it does, there will be no way to clean it all up.

Wicks: Tampacan, large areas with production but DNR reported the water flow, they said that the mine is close to that flow and will be directed to the lake.

Dr. Wick: six rivers will be affected.

Wicks: Mine will damage forests in water catchments. It will increase the risk of flooding

tampakan mine project risks

2.7B tons of toxic rock (waste and tailings) into a mine void 800m deep

Dr. Wick: 2.7 billion tons of toxic rock. the rock they remove to get the mineral which they extract the copper from.

Wick: Tampakan Mine project has many risks, including damage of forests, storage of toxic rock, acid drainage, cancer, seismic activity, and induced seismic activity. The Mal river of Tampakan will be the worst affected.

Mal river will be worst affected

Wicks: The mal river will be the river worst affected. The headwaters will be very badly damaged. Tailings dam is just above the (NIA) irrigation dam

whole tampakan area is seismically unstable

Dr. Wick: it is a serious problem (cancer risk) when the gases released form the mining area are exposed to the people around that area.

WIcks: we have human rights, damage sustainability, and all the other laws that all forest should be protected, the DNR laws said no mining 1000 meters deep but that was 1.4 meters deep. What happened there?

Wick: Mining companies should respect moratoriums.

Strategic Environmental Assessment

Wicks: what is the problem with the mining is the don’t look at the human impact.

Wick: You need to know the carrying capacity of a river. How many mines should you establish near a river before it becomes unusable?

Dr. Wick: a lot of problem that you have with this mining is that they do not look at the long term impact. but the river has a limit. you must know its capacity of how many mines you can build.

no one is looking at the carrying capacity of the rivers

Wicks: this is the DNR study of the valley, why is this report never been told? why are they hiding it.

tampakan will have a pipeline going to the coast

Wick: The Tampakan Mine Project also includes a pipeline connecting to the coast – and this was not mentioned in the project’s plans.

Dr. Wick: the DNR secretary should have informed everybody about the damage that was gonna be done.

tributaries of the mal river will be destroyed — the mine shaft and waste storage will overlap in the areas

Dr. Wick: a map shown where the rivers of mao will be destroyed because the mine shaft will be ran all over the river.

Wicks:There is 2000 hectares of tropical forests in mindanao, and mal river is in the center of this forest. And it will be destroyed because the mining site uses wide area

mal river connects to padada which connects to rice fields

WRSF (Waste Rock Storage Facility)

Wick: What chance have you got of that surviving for 50 years, or forevermore?

Dr. Wick: you have a conveyor that takes the rock to the process. another to grind the rock to extract the copper and the gold.

at the end of 20 years, the tailing dams will be full (and they will grass it over) — it won’t

the weight will break the dam and send it to the mal river

Wicks: in 20 years, the pit is still there, there will be no recovery from the damage of the mining, the dam will collapse.

Dr. Wick: a map showing the poisonous are was shown.

Wick: That dam [Tailings] is twice the size of the dam that killed 200+ (268…?) people, so how much more will this dam kill?

Dr. Wick: the government and the people has to accept the risk of the mining if it is going to be done.

Wicks: Acid mine is created when Paf rocks, water, and oxygen combine.

Wicks recommends using the Strategic Environmental and Social Assessment (SEA)

Dr. Wick exits. music plays. Good land enters.

Goodland: Goodmorning ladies and gentlemen, it’s good to see you here.

Dr. Goodland: i’m going to start why you should totally reject the tampakan mining

i’m goin to run through some mjaor threats of tampakan mining

 

Goodland: tamapakan will cost us 6 billion

Dr. Goodland: the mine itself destroy 400 hectares of forest in which the irrigation relies on.

Goodland: The mine covers 10,000 ha, destroys 4,000 ha catchment forests

submarine tailings will kill off marine life

Goodland: Philippines fisheries are among the most productive, yet this will be harmed by mining when their pollution will kill off the fish.

Dr. Goodland: the benefits claimed by the extractor are very small.

Dr. Goodland: philippines rice farmer are the best rice farmers in the world but; it can not afford to be exported around the world.

shouldnt waste foreign exchange importing something you can grow yourself

Goodland:The risks to mindanao is six of the rivers feeding the irrigated the rice, the irrigated rice is one of the best in the world and Php cannot afford but now they can exporters of rice. and you cannot afford to waste something that can reduce yourself.

Goodlands: 8 reasons why we should reject tampakan project.

1. secrecy

2. open-cast or not?

3. The ban on opencast mining

4. the slurry conveyor system

5. stakeholders don’t want tampakan

6. arrogant disdain for indigenous peoples

7. mindanao is a conflict zone

8. Food production trumps questionable mining

Dr. Goodland: the ESIA are not available to you guys. if you don;t live in the philippines, hey want to know first your street address.

if secrecy is imposed on the main justification of the mine, something is wrong

slurry conveyor system not mentioned in 3000 page report

Dr. Goodland: extractor claims that they have consulted the right people as instructed by the law.

Eight reasons (to reject the Tampakan project):

- secrecy

- open-cast or not?

- the ban on opencast ining

- the slurry conveyor system

- stakeholders don’t want Tampakan

- arrogant disdain for indigenous people

- Mindanao is a conflict zone

- food production trumps questions

you can’t do FPIC by bringing in people to a hotel to wine and dine

Dr. Goodland: it is unacceptable to give an indigenous people papers and expect them to get an FPIC.

Goodland: They are not very clear on what source of mining they have. the mines possible are:

1. Block cave mining

2. Block cave mine with a small open pit

 

146 km slurry conveyor system

conveyor system will affect farmland

water will have to be drained from slurry — and that water is highly toxic

Dr. Goodland: the water from the slurry will go to the ocean. this slurry will be poisonous.

Dr. Goodland: you are not allowed to force unwanted mines in all civilized countries. get the word out!

if mining comes into conflict zone, conflict gets worse

Dr. Goodland: one of our main conclusion was that if there is a conflict then world wide painful experience is that the conflict gets worse.

Dr. Goodland: the Philippines doesn’t get 0 benefits, it gets negative benefits. it’s negative because it kills the rice and the filipinos produce the best rice in the world.

Goodland: Putting poisonous mines on top of mountains to allow them to pour down onto the rivers is a terrible thing.

Dr. Goodland: each of those eight regions suffices on its own to reject the tapakan mining

putting a mine on a mountain which is a catchment area is a “batty idea”

support sec. of agriculture in push to gain measure of self-sufficiency in food

Dr. Goodland: tow dams 280 meters and 150meters high.

tailings dams fail with regularity worldwide — tampakan will buuild two vast lagoons (near seismic area)

Goodman: the two vast lagoons of tampakan. This dams are big that it can kill a lot of people carrying with it the toxic liquid waste.

Goodland: When you put a tropical storm on a seismic area that has an active volcano in it, what could be more crazy?

Dr. Goodland: the tow dams were  beuilt near an active volcano. if the volcanon errupts, the dam breaks. if the dam breaks, people die.

coal-fired electric power plant — in malalag bay, near a fishing area, we don’t know where the coal is coming from (runoff from coal will be highly toxic)

Dr. Goodland: some of the acid mine will get in to your fisheries.

Goodland: People living nearby coal mines are more likely to contract disease.

Goodman: The third component is the coal-fired electric power plant. The impacts of coal mining is that coal will be dumped in the new port itself, smoke pollution, toxic cooling water and as. This facilities close to us will be risky

Dr. Goodland: the promises of jobs are not all given to local people. they are not highly paid. they can not start their own business when they get laid off after years.

“10,000 jobs”…but only during the couple of years of construction; laid off as the project comes to conclusion

Goodman: Jobs promised are not provided.

Goodland: If you accept the risk of Tampakan, what would you do about it? The most important thing to do is to do it right, which could probably take 20 years or more.

Dr. Goodland: how to ensure responsible mining. if you accept the tamapakan mining,what do you do about it? get the monitoring and customs and checking of the contents and revise the mining codes.

Goodman: What will you get if you accept tampakan project. The 1st priority is that we get the checking, the customs.

DENR is schizophrenic (on one hand, to promote mining; on the other, preserve the environment)

dept. of agriculture is excluded from the assessment process

Goodland: DENR have an inherent conflict: They are supposed to be protecting the environment, yet permit mining as well.

prequalify potential mining permit speakers

Dr. Goodland: pre-qualification of potential mining permit seekers.

-you can descourage the weaker bandits who do not have any interest in envronment qualitites at all.

philippines’ “no-go zones for mining” is “brilliant”

Goodman: I’m thrilled with Php leadership opposing mining. The Php started the zero draft and this will become worldwide policy in this no to mining.

Goodman: Php knows what they are doing but they are not well known. The philippines is leading, congratulations

Goodland: Philippines have excellent laws that mandate environmental assessment

Leading practitioners of environmental assessment

Initiated FPIC – other countries don’t

Philippines is leading the world.

 

strict monitoring of Environment and Soocial Assessment is the way to go

Dr. Goodland: strict and proper monitoring is a very powerful way of controlling mining.

Goodland: In conclusion, Tampakan’s ESIA is totally unacceptable in many ways.

national goal of rice self-sufficientcy by 2013 is paramount

Dr. Goodland leaves. music plays.

Goodman: in conclusion, tampakan’s ESIA is unacceptable in many ways; congratulations to DENR for rejection

a film was shown entitled killer dam.

it’s about a dam that burst and ran over a small village filled with people.

Dr. Goodland: presenting a map made out of everyday material (3d Map model)

Dr. Goodland: the mine footprint was shown in the 3d map.

The 3d map was made so that the average person who may not understand the 3,000-page document can better see, “with their own naked eyes”, the effects of the Tampakan project to the area. From the 3d map, the destruction from the project is very clear.

Sibulan to talk about Mining and Human Rights

Dr. Nymia Pimentel-Sibulan begins her lecture

Sibulan: Mining is closely linked to human rights due to the huge impact to it, affecting people such as the poor.

Simbulan: Mining has human rights issues

Sibulan: A basic requirement for people to have rights is that they are human beings. It serves as the foundation of human dignity, and those who do not notice it should see that they have one.

Sibulan: Human rights are intended to provide a basis for states to associate with the people. It involves a relationship between the duty-bearers (state) and rights-holders (citizens).

Simbulan: The state has the obligation to protect Human Rights

Sibulan: The state is obligated to respect human right, abstaining from doing anything that would violate the integrity of one’s freedom.

Another is the obligation to protect the people who non-state actors might take action against them. They should prevent third-parties like private corporations to encroach the rights of their people. Examples include prevent companies from hiring private armies and goons who will facilitate their criminal acts.

They are also obligated to fulfill.

Sibulan: There is a growing concern of non-state actors growing increasingly in the country, such bas globalization of capital and cross-border operation, weakening of state-based system of governance with the new international trade rules.

There have been instances where laws of WHO are given greater priority to domestic laws, to the point that the latter laws were modified to comply with the former laws.

Sibulan: There is also a rise of HR (Human Rights) abuse due to the impact and consequences of policies, activities and projects of non-state actors.

Simbulan: the UN recognizes the need to address issues in business and human rights

Sibulan: The UN Code was never fully established, due to the opposition of large-scale companies such as ones found in US and UK.

Sibulan: In 2003, the Draft Norms on the Responsibilites of TNCs and Other Business Enterprise… but was rejected by the UN Commission on HR.

(also due to same reason as above)

Sibulan: 3 Core principles of the Ruggie network: Protect, Respect, and Remedy

Sibulan: Private Groups have the responsibility to respect human rights by conducting in a manner that does not violate HR.

They must have a HR policy, assess HR impacts of activities, integrating values and findings into corporate cultures and management systems, and keeping track or reporting of performance.

Sibulan: HR Laws and Principles include: Int’l Convenant on Civil and Political Rights, 1987 Philippine Constuitution, and RA 8371 Indigenous Peoples’ Rights Act

Simbulan: though the RP ratified al international instruments for Human Rights, there is discrepancy between this agreement to international law and implementation

Sibulan: There are 12 HRs in mining communities, including right to development, self-determination, participation, information, freedom from discrimination, and right against cruel and inhuman treatment.

Sibulan: People should be the center of and development of policies. it recognizes that people should determine their development, whether it be economical or spiritual. They should be the center and primary beneficiaries of any development.

Sibulan: HR is being grossly violated by the priority and preferential treatment given to foreign interests and big businesses.

Free Prior and Informed Consent (FPIC)

Sibulan: It is now indigenous people adjusting to the policies instead of taking into consideration of these peoples’ rights.

Simbulan: the government officials in the Philippines conduct bogus consultations with locals before mining operations are started

Simbulan: the voices of peoples and communities are NOT given importance in approving mining operations

HR violations in mining:
* disregarding community decisions
* use of deception in acquiring community consent
* forming of new “tribal groups” to acquire consent – bogus tribal organizations (divide and rule tactic)

Sibulan: Right to information is another right of people in mining communities.

Sibulan: Companies manipulate people by using attendance sheets or taking documentations of participation to claim that these people are in agreement to mining. Hiring of private armies are also practiced.

HR violations (cont’d)
* withholding vital information to the community

failure to present a clear rehabilitation plan on their community to the people

Sibulan: There is a failure of mining company to present their plans on their community to the people.

mining operations divides the community

causes disagreements between IP groups

forcible eviction in didipio, nueva vizcaya

Sibulan: Negative effects of mining to the environment affect other rights like the right to life, food, water, and health.

Sibulan: There is a big probability that the citrus production of this country will be affected.

mining affects protected regions serving as sources of water

mining companies have armed goons who threaten and sow fear among people and communities

Sibulan: Companies have also hired IPs to serve as their enforcement, also as the eyes and ears of military, catching people who are suspected to be against mining activities.

Special Civilian Armed Auxiliary (SCAA) — fired at people in rallies

Sibulan: In northern Luzon, the water became polluted and turned black. Plants near the lake died.

Sibulan: : “The water became polluted and black. It also had a foul smell irritating to the nose. Plants near the lake died.”

Sibulan: Right to fair compensation and renumeration on safe working conditions.

Sibulan: In 2002, workers protested at the Victoria Mine, as they were forced to work even during the holidays.

People’s Response, people have demonstrated their protest and claiming their rights through various forms of activities.

Sibulan: Philippines’ history of mining is a history full of HR violations, and many people do not take this into account.

Sibulan: People have recently responded against mining activities, such as LGUs declaring moratoriums, barricades being set up, a Provincial Anti-Mining Task Force strengthened in certain provinces, and constant HR documentation and monitoring.

Panel discussion is about to start.

Atty. Resonar asks the participants to stand up for an improvised “Tai Chi” before starting the Q an A

Luz Ilagan: (Wicks) could you be able to help other communities to construct a similar map so they can see too for themselves the effect of mining on their communities? (Simbulan) What is the mandate of your agency? How do you reach out to other agencies to prevent further violations? how about NGOs?

Wicks: my objective is to train local institutions to make maps. I don’t know if the University can help.

Wicks: where are the mapping centers in the RP? Maps are important in sending the message, it’s not only the maps, but the things you write in threm

Simbulan: I represent an NGO. We have been actively involved in Human Rights Education on the grassroots level in Mining-affected areas

Simbulan: we have been raising the level of capabilities, developed documentation tools, in communities about mining. This is done by CSOs in cooperation with the CHR.

Simbulan: we are putting a CSO monitoring system to complement the national monitoring system.

Simbulan: The CHR has put up a National Monitoring Mechanism, while NGOs have set up the CSO Monitoring Mechanism, both to compliment and because we are not optimistic of the CHR’s mechanism

Simbulan: we have had efforts in the past to interact with government agencies. whether these efforts have been fruitful are yet to be seen.

some girl with last name Paul:

1.)we have partnership with the government of cotabato. can you share your full report to us because we need to let the LGU understand.

AdDU: (Wicks) can you show us your full report to help the LGUs? Also, if you want to partner in making maps, the AdDU can partner with you

Wicks: yes, you will get it, it’s on the CD you will be getting. The maps and the report are also on the internet. So the answer is a yes!

Wicks: you will get our report because we will give it. it’s ten pages. the book “philipppine mining approved” can be found in the book

goodland: the answer is a very good yes.

@girl wiht last name paul

Bernie: @father Tabora: we were attacked din the newspaper, in the radio. why did you not include the mining people in this mining forum?

Q. Fr. Jowel. We were attack by radio news. Why did you not include the mining people. They issued an article. If we respond to that paper, we will not prevail.

bernie lopez: (Fr. Tabora) the conference was attacked in the papers and in the radio stations (Sunstar, Inquirer). Why did you not include the mining people? (btw, the owner of Inquirer is the husband of the Chair of the Chamber of Mines).

Bernie Lopez reads an article from the Inquirer

bernie: @father Tabora: there is jesuit on the board of a mining company.

Tabora: I’d like to thank SMI for calling attention to this conference. If it is a matter of David and Goliath, then remember that David won. No one outside this University has the right to determine our academic agenda. We have the right to determine. There is a reason that they are not invited, it is because we want to have a dialogue where we can understand each other and get the expertise from people.

Most of our people do not have the ability to post full-page ads (unlike those big companies).

Fr. Tabora: I will just face to you. We operate in academic freedom. the reason we did not invite them is because we wanted to have a meeting that we can listen and dialogue to each other. We wanted to avail experts.

Father Tabora: i will just face you. nobody outside of this university has the right to determine our academic objective, we operate in academic freedom. as far as the reason why we did not invite them is because we wanted to have  meeting where we can listen and dialog with each other. in the Philippines, they are not at all ever lost to have their opinions heard. most of our people have this ability. so we wanted to have  a day, two days to have a shared commitment who from the other side of the world are concerned of the welfare of the people. there is nothing wrong with that. there is nothing unethical with that.

Fr. tabora: if this is a matter of David vs. Goliath, we only need to remember that David won. We are an academic institution, we have the freedom of academic agenda. Yes, we did not invite them, because their opinions are always heard, they can afford to have it heard. This conference was called for to hear the other side. There is NOTHING wrong with that. We know what they are about: they are about destroying the environment. We however have to get together to convince our government what they are about and convince them to change policy in defense of our environment.

Tabora: They are about hurting our people. It is clear what they are about. We have to get together to convince our policy-makers what they are about and stop them.

father Tabora: @berbie: we have to convince the people that we know what they(mining company) are about.

Fr. Mcnamara: Fr. Barcelon SJ’s integrity is not questionable.

Dr. Coumans: (Wicks) could you say something about firms not mentioning the possiblity that they might use the sea? (Simbulan) firms not given permits by the state end up suing the state using international contracts as backing. What can states do to protect HR?

Wicks: when the water in the slurry gets dry then they have to dispose the water and the easiest way to dispose of that water is to dump it in the ocean where your marine creatures are.

Simbulan: mining companies  cannot be prevented from suing states. But the governments must be careful with entering bilateral agreements. states must be wary if the agreements are in line with human rights.

Simbulan: if you look in GPEPA this would jeopardize the rights of the people.

Fred: who’sfault lies about with this figures(incorrect CARAGA figures).

Q. How far is your office cooperates with NCIP?

Q. Can we work it together?

Fred: we should also keep coordinate with the DILG. only parang2 was declared as water shed protected area

Q from Caraga: there are faults in the figures on Caraga’s area. Who is to blame? (Simbulan) can we work together in educating the IPs in Caraga, because the IPs often become brokers of mining operations themselves?

Fred: Caraga has more than 26 million hectares, when it actually has significantly less (1.6 million…?). To whom should we blame for these figures? Our LGUs are advocating for communities to protect these area. But in the level of our government, it claims that our areas are not protected areas. However, the government is at fault for they did not have transparency on that issue.

Simbulan: we are open to collaborating with other organizations and institutions. even with ATM.

Simbulan: yes, we’re open to collaborating with you. We actually just finished a project in Surigao del Sur. PhilRights is also working with Alyansa Tigil Mina.

Q.Lopez: i would like to commend the speaker for their passion. How far is your organization go through. Because in my mind the only way is to fight money and power is number of people.

Dina Lopez: how far does your organization go? do you give information? do you help in ground organizing. the only way to counter this is to use the power of number. because if you are just doing research then you are technically not doing anything.

Q.Lopez: how big is your organization?

Gina Lopez: (Simbulan) How far does your org go? Do you also help organize action? (PNoy, at a business forum, said he intended to release his mining policy at the end of february. He’s still fence sitting, which means hope). How big is your organization

Dina Lopez: if we are planning a massive protest, will you help? how big is your organization?

 

Simbulan: organization is out of our mandate, but we do work hand in hand with NGOs that do solid action. We tap them with the information we gather. Experience tells us that if you want to file cases, you will have to be evidence based. Monitoring and Documentation will be very critical.

Simbulan: if you want to file cases or complaints you will have to be evidence based. since many of our civil society organizations now are mXIMIZING HUMAN RIGHTS ISSUES.

Simbulan: PhilRights is a institution. The nature of our work is training in rights, human rights, children’s right. We work hand with hand with NGOs who are organized with training work. Whenever we have education work, we give the necessary training. Our experience has taught us that if you want to file complaints, whether in the LGUs, it has to evidence-based. Documentation and monitoring would be very critical in this case.

Simbulan: when it comes to political mass activities like rallies, we are supportive and involve in terms of raising consciousness.

Simbulan: When it comes to political mass parties, we  actively support to those activities, particularly on those that raise awareness of our duty-bearers of those human rights.

Sibulan: The nature of our work is we educate and train this people. We taught them all about human rights. Documentation is our specialty. Our group has submitted a report to the human rights sharing our position in stake of human rights. we are very supportive and involve in terms of raising conscious to the people

Elisado of TJI: regarding cases brought forth by mining companies against the state, shouldn’t there be focus on reform in the justice system?

Simbulan: in terms of people using judicial, we have very limited experience with that especially when the violations at hand is human rights violation.

Simbulan: we have very limited experience in enjoying justice through our justice system, particularly with respect to Human Rights.

Sibulan: in terms of utilization, i think we have very limited experience if the issue on hand is all about human issues. We have very limited success stories.

Simbulan: I know that there are efforts from our government to mainstream the human rights but i don’t know if they had gotten to that judicially.

Simbulan: E-lawyering – Human Rights lawyers can be sought through cell phone, but it’s scope is still limited to areas with high rate of HR violation

Simbulan: on the part of civil society groups, we have embarked on a program refereed to as eloyally. we have lawyers ready to be contacted through cellphone if they are abducted or arrested without proper reason.

Simbulan: We have lawyers who can be contacted through the cellphone just for those who have been involunatarily disappeared. But due to the lack of HR lawyers, the scope of the program is limited.

A practicing lawyer in Davao from Surigao del Sur: (Goodland) has your group come up with the best and worst mining companies?

Benjie: @Dr. Goodland: has your group or any group come with a list fo good and bad mining group in the Philippines.

DR. Goodland: my answer is no. what you see in your paper is all we’ve done.

Q. Has your group or any group came up with a list of best or worst mining corporation here in the philippines?

 

 

Dr. Goodland: @Benjie: i think it’s not enough to follow norms and standards.

Benjamin (lawyer): Encourage the best mining corporations, keep up the bad ones. Has your group, or any group, came up with a list of best or worst mining corporations in the Phlippines? This would guide us in our efforts.

Goodland: We have not been able to come up with such a list. Mining corporation that subscribes to the conventions and volunteerism is better than one that does not. But it is not enough to just voluntarily follow international standards – they should be mandated to do so.

Dr. Goodland: @benjie: the agreements between the government will not be followed as long as there is no third party.

Goodland: I’m afraid not, but a mining conference which follows international mining standards voluntarily are definitely better. But there is still a need to make following these standards mandatory. The IMF isn’t the best environmental organization

Dr. Goodland: the use of third party is to make things mandatory and not voluntary.

Goodland: The use of independent third-party monitors to make them mandatory instead of voluntary.

May Vargas from Panalipdan: (Goodland) you mentioned the powerplant in Tasmpakan. We’re gonna have a powerplant here in Davao. Can you connect mining and powerplants? Is there a trend of link between the two?

Vargas, from Network Opposed to Coal (NOC): Could you present the link between large-scale mining and coal mining? They are saying that the coal mining is in need because of the power supply due to the influx made from large-scale mining in the region.

 

Q. Vargas: about the presentation of goodland, 2 years from now, there will be construction of coal mined plant. Is there a trend?

May vargas: about the presentation of Dr. Goodland: i would like to request you to present the link between the coal fire plant and large scale mining. becasue davao needed a coalmine for electricity use.

Goodland: Mining is highly energy-extensive. It is unlikely that Davao will benefit much.

Goodland: Mining is extremely energy extensive, and while mining companies promise to sell excess power to Davao, it’s unlikely that Davao will benefit from the power plant

Wicks: why not use hydropower?

Dr. Wicks: myu pro generation path.  it would not be possible to have a hydro path if you destroy he forest.

Wicks:  How much hydro power would you get? From the destruction of the river caused by mining, couldn’t it be used to place hydro-powered plants? It would be better to use substitutes instead of forcing on coal-powered plants to benefit mining.

Wicks: they’re worse than that! They will say a mine is needed to build a powerplant!

Dr. Goodman: you have to have the mine so we can make electricity. this is the type of crazy thing we have to deal with.

Goodland: I’m getting cynical here. That talk about excess power benefiting Davao is, to me, some kind of PR ploy from the company.

Q. Estrumera: tampakan affects 4 provinces, what can you say to the refuse of the ECC that south cotabato has mining monitory?

Sun Star: the Tampakan project violates about all requirements. what can you say that tehy have refused the minatory

Stella Estremera: (Wicks) what can you say about the fact that the Secretary refused the ECC just because of a lack of information when there’s a Moratorium in South Cotabato?

Dr. Goodman: he hadn’t let the people know that they will be no benefit.

Wicks: why did he provide information that there is a document that there is high probability of environmental damage.

Wicks: it was very interesting. they never said the Philippines will never get anything from the project. they really got really embarrassed when we presented to them

Atty. Risonar extends Q and A

Q.Lianos: First, i thank you guys for the information dissemination. Now my eyes are wide open! I have come to realize that is so unfortunate for davao del sur if we continue this activity. It looks like an atomic bomb if this happen. We have to support the officials who will give a stand.

Llanos, minority of the provincial board from Davao del Sur: Now my eyes are widely opened by the speakers. The only thing we’ve ever gotten from SMI was a paper bag with calendar and wine.

Don Don Llanos: we hope to get a copy of that paper because all we received was a calendar and red wine.

Dondon Lianos of DavSur: SMI should a copy of the reports, not just a bottle of red wine. can we invite officials from Kiblawan next time?

It’s like an atomic bomb, waiting to explode.

Lianos: as an anti-Mining Board member in DavSur, I feel like a voice shouting in the wilderness

Don Don Llanos: i am in need of legislation, we will put pressure on secretary but congratulating him of denying.

 

Wicks: these reports are public documents. African countries make their reports available better than you here with your nice little rules and regulations

Dr. Goodman: @Don Don: we work for the government too. this document is publicly available.

Atty Mackee: there should be a reversal of the burden of truth.

Q: would you think that, if we reverse the burden of truth, and put pressure on the mining companies to take responsibility in any environmental damage?

Dr. Goodman: @Atty Mackee: Good idea. Go for it!

Atty.: You mentioned Responsible Mining Guidelines. What if we reverse the mining burden of proof, they assume the responibility that they are at fault to the damages, like how passenger carriers are at fault if their passenger is not sent to their destination safely?

Goodland: That would be a great idea! It is what the ESIA is for.

Wicks: RAGE!

Wicks: I was literally shaky, with rage. They already proved that the mine is so dangerous that it should not be operated. Yet no one would point that out. I found the statement on the conclusion of the document that Tampakan Mine is highly dangerous, with huge risk of life and safety.

Panel discussion has ended. Lunch begins shortly.

Lunch break

LUNCH is going to start!!! 1:15

Video conference will start after lunch, at 1 pm.

Gomez. Good afternoon to everyone

Mining: Transparency, Data and Revenue

 

A preview of the production of mining to the economy.

Gomez. presents mining: transparency, data and revenue.

Ms. Maita: The Gross Regional Domestic Product on the regions of mindanao…

Gomez. 1. In the zamboanga peninsula where tvi located. .66% comes from mining

Gomez: In the Zamboanga Peninsula, 50% of GDRP comes from agriculture… 1.06% comes from mining and quarrying

Part 1. In the zamboanga peninsula where TVI is located, only 1.06 percent comes from mining and quarrying.

Gomez: Only 1.60% comes from mining and quarrying

Taken from the GDP.

 

1. In the Zamboanga peninsula, only 1.66%(?) comes from mining.

Margarita Gomez: part 1 in zamboanga peninsula where tvi is located, 50% of their product comes from agriculture 15 from industry and 1% comes from mining.

Region 10, mining is only 0.66%

Mining here is only .66%.

Gomez. Region 10.  Rich in minerals. mining is only .66% out of 100%.

Region X: mining is only .66 of a percent… so you won’t miss it either

Margarita Gomez: region 11 has major fishing ground and huge agricultural exports and growing call centers.

Region 11, huge agricultural exports, mining and quarrying in this region is significant. It is 4%.

Region 11. Davao. has major fishing rounds. going call center. Mining here is significant. it is 4%.

Region XI: mining and quarrying in this region is almost 4%. so if you are truly against the effects of mining, removing it would be really felt.

The Davao Region, is rich in resource but mining and quarrying in this region is significant. It is 4%.

Margarita Gomez: removing TVI would be felt by the miners

Region 12. large 1.4% mining

Margarita Gomez: only 1.4 come form mining.

SOCSARGEN: only .14% of the regional domestic product comes from mining. so very tiny.

SOCKSARGEN, 1.4%

Caraga region, 6.38% of the regional domestic product.

Caraga region’s mining industry comprises a disconcerting 6.38 % of GRDP.

Gomez. Region 13. 6.13% mining

As a whole, this is the contribution of mining to the phil economy from 00-09 (mining and quarrying altogether) :

So, when the chamber of mines tells us that our economy will collapse if we irritate them… I don’t think so.

Gomez. Average contribution of PhP GDP. Mining and coring all together. is only 1.4%

Margarita Gomez: when the chamber of minds tells us that the economy will collapse if we irritate them, i don;t think so.

Exports are the biggest sector of our economy. Only 3% in average and the highest is 5%.

Margarita Gomez: they employed 200,000 people.

5% in 2007.

mining and quarrying together employ .376%

largescale cannot claim .376%  because theses percentage contains mining and quarrying together

large-scale mining is the most capital-intensive

Large-scale mining companies cannot  claim that .376% because it involves all mining companies.

Margarita Gomez: large mining companies can not claim the percent of employment because it is for quarrying and mining

Gomez: I couldn’t get a data that is disaggregated.

when i did this research, one of the problems was i couldn’t get data that was disaggregated. lack of appropriate data leads to misinformation.

Gomez: This lack of appropriate data can be misleading. It’s probable that the chamber of mining made a mistake.

this leads to defective policy.

Gomez: They misinformed us. If the government itself doesn’t have this data, they cannot come up with these policies.

Margarita Gomez: large scale mining and small scale mining follow different laws and the way they operate is different

mining and quarrying are governed by different legislations. the offices regulating them are different, too.

in general, small-scale mining is the biggest part

Gomez. the chart is shows that in general the small scale mining is the biggest.

Small-scale mining should be seriously looked into.

Gomez: Disaggregation of data——–Misinformation

Margarita Gomez: my data is not bias. because when i saw this, i could not believe it myself.

we exported more than we produced in metallic production.

This data is not bias. *shos slide on the export of nonmetallic minerals chart and with metallic production.

 

We exported more than what we produced.

Gomez. 3. This data is not bias. the export of nonmetallic minerals chart. The metallic. we exported more than we produce

Gomez: We exported more than what we produce.

Margarita Gomez: we exported more than what we produced.

They are not declaring production. You have to produce if you have to export.

Gomez: They are not declaring production. but the large scale says its the small scale miners

Gomez: They are not really declaring production. It’s really the small-scale farmers.

another issue: all the mining subsectors are all subject to excise tax.

Gomez: All mining sub-sectors liable to 2% excise tax

The small-scale miners pay all mining sub-sectors liable to 2% Excise tax.

Margarita Gomez: issue: this 2% applies to the medium size business man who is hauling sand gravel. the large scal miners also pays 2% tax.

Gomez: All Mining Sub-Sectors liable to pay 2% Excise Tax.

small-scale miners and large-scale miners pay the same percentage of excise tax.

Margarita Gomez: thinks that lower scale and larger scale miners pay the same taxes.

Gomez: 1.7% contributes to mining excise tax

mining contributes 1.7% (1/10) of total taxes, at its peak.

Gomez makes a comment on previous PGMAs govenrment: “oh, so she’s responsible for all this?” *laughs*

Action for economic reform violently oppose to the incentives given to the large-scale miners.

Margarita Gomez: the gap between the ones they have collected than the ones they should have collected is far.

Gomez: We violently oppose to the incentives to the large sale miners. It is not just fair.

they get to deduct everything they spent when they weren’t paying taxes.

Gomez: We violently oppose to the incentives given to the mining companies. It’s not fair, they’re extracting resources that are non-renewable, and they do not contribute much to the economy sales.

Margarita Gomez: we are in favor to enact a mining act.

They get to deduct that. Everything. So, uh, we are also in favor of the moves in congress to enact a mining act. The old one encouraged the companies to enter the country.

Gomez: Government has sacrificed rights as owner of resources and tax power.

Gomez: Government has sacrificed rights as owner of resources and tax power

You should give the government a share.

Gomez: The government is given 10% share.

The gov’t has actually 2 roles with respect to mining: 1. they own the resources, thus the gov’t has a share in everything.

Gomez: The government has another role. the 10% itself and 90% is tax

2nd role: the gov’t is a taxing arm.

Margarita Gomez: the government has the role of taxing authority. the 10% it gets for itself, the 90% it taxes.

2nd role: the gov’t is a taxing arm.

The mining companies still have to pay the 2% excise tax. That is also the government’s share.

the mining is, by law, exempt from paying taxes. but….

Gomez: In other countries, governments get 10% share, the company gets 90%. Yet, the Philippine government taxes the 90% from those mining companies.

Gomez: We got a copy of a leaked document.

We got a copy of a leak document. Seriously.

*mic drops*

Gomez: 60% of the gross income goes to the government.

Margarita Gomez: 60% of their gross income was leaked from the government.

Gomez: 60% of their gross revenue goes to the government. Where do they get their accountants?

so this is the revenue effort of mining vs. the revenue effort of the whole philippines….

Gomez: This is the revenue effort. It is like a ration of how much it is given. It terms of taxes and fees and anything you pay divided by GDP. The revenue effort of mining is like 14% then go down to 4% then 6%.

there are other issues related to environmental damages caused by mining…

Gomez: There are other issues related to mining operations. First there are old practices from the mining law that causes regulatory capture.

the regulated gets to capture the regulator… *laughs*

the NCIB who is conducting the investigation feels partial, kind. “they;re nice to us.”  same thing with the monitoring

Margarita Gomez: the mining company participates in the monitoring. they pay for the monitoring.

by law, the monitoring is conducted by the NCIP, etc … ALSO by the mining companies themselves. AND the miners pay for the monitoring.

regulatory capture. that’s what it is.

Margarita Gomez: when you pay for these monitoring, you just go on a junk head. what are you gonna do about it? well, there monitoring us.

mining company participates in the moniutoring as well.  but they foot the bill.  so i asked someone from the chamber of mines: “doesn’t it happen that you just go on a junket?” she said, “well…yes”.  ”what are you going to do about it?”  ”well, they’re monitoring us….”  regulatory capture!

we need a moratorium on mining <applause>

Margarita Gomez:  we need a moratorium in my name.

Gomez: We need a mining moratorium,an effective governance, and a rational mining policy.

reason is: we are just civil society.  as noisy as we are, we aren’t powerful people who can access government and get policy written in our favor.

Margarita Gomez: this mining thing is getting worse and worse and worse by the day. and we are in fear of the terrible effects of the mining in our country.

we need a moratorium in mining. and the reason is because we are just civil society and as noisy as we try to be, we are not just powerful people who can access the gov’t and have written policy in our favor. and this mining thing is getting worse day by day. so there. until such time that we have a much rational mining policy.

this mining thing is getting worse and worse by the day.  until such time that we can effect better governance

Music plays”

Gomez has left the stage. 2nd speaker: Mr. Andrew Bauer.

andrew bauer on stage

Andrew Bauer, an economist of the revenue watch institute

Andrew Bauer (Economic analyst) on stage

economist with revenuewatch; management of oil and gas resources

Andrew Bauer: economic analyst in revenue watch institute

take a stab at explaining why the philippines receives the deal that it does, why it’s not benefitting

Bauer: Why is the Philippines not sealing the deal?

revenue watch works in 30 to 40 countries at any given times, so we have a lot of research that we can draw on

punchline first, then walk through the issues: show you the way taxation in mining industry is being done.  why only 2%

Andrew Bauer: what we haven’t talked about was the decentralization process.

we have not yet spoken about decentralization of powers, and contracts.  often these contracts are quite poor

Philippine Mineral Wealth Development?

 

We are going to talk about decentralization process and contracts that are quite poor.

Andrew Bauer: why do we need a special tax regime for minerals. why are they special comapared to otherstuff

why need special tax regimes?  how are minerals different.  obvious one: they’re non-renewable.  if not taxed correctly, you’ll not get that revenue

Andrew Bauer: they are nonrenewable and you can’t move it.

so why do we need certain special tax regime for certain minerals? for one, the location’s specific. that gives them incredible power over authorities.

can’t move the industry.  so can actually tax higher.  higher up front cost

Andrew Bauer: The cost of production is a fraction of revenues,

cost of production is a small fraction of revenue

Andrew Bauer: the cost of production is a fraction of the revenues.

another one is economic grants.

Bauer: How are mineral resources different?

-Non-renewable assets

-Location specific

-Large upfront costs and production timelines

-Substantial Windfalls (economic rents)

Andrew Bauer: The companies know a lot more of their  cost structures than their government does.

underlying problems: companies know more about their cost structures than government does.  can negotiate deals which may be unfair.

costs and revenues of average mining looks like. first few years, company huge loss. huge investment involved. spending billions. just for development portion.

Andrew Bauer: in the first years a company is going to experience a large loss.

You’re gonna be spending millions if you’re going to open an open-pit mine.

once operating, there are costs but minimal property costs.

The revenues flow at the back-end.

first few years, a large loss (for company). e.g .4-B investment in up-front cost.

once mine starts operating, operational cost

revenue flows at the back end

recover the revenue costs as quickly as possible

Andrew Bauer: what companies are looking for most is to recover what they have lost

the goal is to recover those early costs as much as possible.

afraid that political situation may change, so tax structure might change

that’s why they have a lot of tax incentives to recover.

Andrew Bauer: what we are concerned about is that countries are getting the benefits of their choice.

revenue watch wants to make sure that the countries benefit tangibly, that assets are converted into real benefits to people

concerns: if mining is the chosen path, how are they sure that they can provide real benefits to other people?

The revenue watches were non-profit and what we’re most concerned about is that countries benefit from mining. But how do citizens benefit?

make sure revenues are collected.  you can have the best revenue in the world, but if not collected….

Bauer:The revenue watches were non-profit, what concern is how countries benefit from mining.

2nd: insuring these revenues are transparent. for the possibility of the gov’t to know whether they’re getting the better share.

Andrew Bauer: managing their resources, don;t get lost with the systems, corrupt officials.

managing these resources, making sure they don’t get lost in the system, don’t get lost to corrupt officials.

5th: making sure that when the money is made, proper distribution of budget will also be made.

Andrew Bauer: what are the different types of taxes for mining?

first type: bonus -up front payment to allow you to start mining.

 

Andrew Bauer: Getting the deal.

 

Taxation isn’t very exciting for economists.

 

In a lot of countries, these payments get lost.

Andrew Bauer: second type: royalty-calculated by gross revenue.

Bauer: Revenue from petroleum sales

-gross revenue to investor

-profit

-after tax profit

-After-WPT profit

Royalty – excise tax. calculated on gross revenue. quantity x international price = revenue.

Andrew Bauer:  third type: income tax – the cost you end up with

Bauer: Profit tax or income Tax

Windfall Profit tax – tax imposed when price of a mineral goes up at a certain level.

Andrew Bauer: the fourth type:WPT tax

Bauer: -Government equity

-withholding tax

withholding tax – collected at the border. whenever money leaves a certain country, it’s collected right then and there

what are the different types of taxes that countries collect?

1) bonus – up-front payment to agree to start mining.  but payments get lost.

2) royalty (excise tax) – calculated on gross revenue  — quantity x international price =gross revenue

3) income tax – calculated on profit after cost

4) windfall profit tax – adopted and repealed in many countries — tax imposed once price goes beyond a certain level.

5) government equity -

6) withholding tax – where money is actually recovered — when money leaves the country, tax applied

Bauer: comparing PhP from the others. It is very comparable. it is not that different. Minerals is very much the same with other countries as well. Again, pretty average.

phlippines vs. other countries – how phil tax regime compares to global : 2% excise tax similar to brazil, ghana, etc. income tax – 30% in phil;

Andrew Bauer: The Philippines has some pretty average royalties.

withholding tax – on the books – any interest paid on debt. 10% resident, 20% foreign

Bauer: Tax and royalty regime, 8000$

Andrew Bauer:In theory, they can close all these loopholes themselves but it doesn’t seem t be happening.

Bauer: The government can’t collect even a single cent.

Bauer: The Mining Act – it is something that lawyers have never seen like it.

Andrew Bauer: tax deduction operation on the Philippines

-mining act of 1995 (section81, 92)

Bauer: nobody knows how much is extracted.

Andrew Bauer: we were in Surigao and Caraga where earth was being dumped on this ship without any government officials monitoring the process.

Bauer: Nobody knows how much is being extracted, I wouldn’t be surprised that the companies themselves don’t know until it’s exported out to China or something.

Andrew Bauer: What is the take of the government on an average scale mine?

Bauer: What is the take of the government on the average mine? Petroleum always has a higher take because of the resources.

Bauer: Petroleum has the highest take.

Bauer: Punchline what is the take of the government of an average scale mine?

Andrew Bauer: petrolatum has a higher take because it’s easier to get.

Andrew Bauer: based on reported figure it’s 14%

Bauer: base on figures 14% in mining

Bauer: Who wants to compare the mining sector to the non-mining sector of the Philippines? 5%? We have figures based on what’s reported (14%), and ones based on underemployment of 70% (4%).

the question is: does the risk medium (location, etc.) make enough difference from region to region?

Bauer: Most (the 4% or 14%) goes to national government, with less than one percent going back to LGUs

large-scale mining has never been a huge employment creator…

Bauer: Mining, even large-scale mining, has never been a large employment generator. Sure, they’re large, but are they permanent?

Bauer: Mining is not a large job generator.

-Local content provisions in contracts can incentivize.

Andrew Bauer: if teh contracts are written effectively there is a way to make more jobs improve technology transfer.

Bauer: It (transparency) ensures companies that they’re paying the governments, and that the governments will publish what they’ve earned.

this is a process that in many countries has made money available that was otherwise lost; communities now know how much is their fair share

Bauer: EITI in the Philippines

i don’t know if this is something that the phils is looking at.

ochoa looking at this?

flag one more issue: revenue sharing

Bauer: 40% of the revenue for the LGUs

Andrew Bauer: 40% of resource goes to LGu and 20 of that goes to the people.  LGU are responsible for designating the share and there is no transparency.

problem with revenue sharing, LGUs are responsible for determining their share, no transparency

revenue sharing: LGUs are responsible for determining their share, there’s no transparency

this affects indigenous communities

And this share also affects indigenous communities.

working with IPs to help negotiate their MOAs

issues of non-consensual explorations, uncollected royalties

Bauer: Government needs to find a balance.

Bauer: We’ve been doing some work in Mindanao, talking to religious leaders and talking about the MOA, some of these have already been discussed, such as non-consensus exploration and lack of trust funds.

Bauer: what is the right balance of the government’s roles — between being the regulator, the owner, and the tax collector?

the real question is about finding the right balance.

Bauer: If you’re a regulator, you should be caring about the social good. The problem is,the government’s doing everything at once, so this causes a pushing and pulling, and this needs to be done.

government needs to find a balance

If you’re a regulator, you should be caring about the social good. But the government is doing all of these at once so it ends up with a pushing-pulling action.

an open forum is about to ensue

Q&A begins

open forum is now open.

Answer and Question is going to start (open forum)

forum begins

Mining in the Philippines is more fun.

——Open Forum——–

The forum is now open.

Q. Obal: I would like to be direct. can you site an example in other countries that you an tell us that they are operating as responsible minor.

Nori: Can you cite an example in other countries that they are operating as a responsible miner?

Nori: @Andrew: the situation in other countries are the same in terms of revenue. site other sample in other countries same as the philippines.

 

Norrie: Are people into mining because of the benefits they have claimed to offer, such as education? Why is the government taking so much responsibility to the mining company instead to the community?

Lory Obal from colobio, Sultan Kudarat (to Bauer): can you cite examples in other countries where responsible mining is done?

Bauer @ Nori: Responsible mining,

some countries get a really good deal in their resources but bad in managing it.

country that does responsible mining.

I can’t give an answer but some countries get a really good deal on their minerals but they are very bad at managing those resources but in the community level..

Andrew Bauer: @Nori: responsible mining looks like. i can’t illustrate answers but i can say that some are bad and good on different aspects of the mining.

Bauer: different countries are better or worse. They a get real good deal on their minerals but they are very bad at managing those resources.

Bauer: Different countries have different value deals, some countries make good deals but have bad management, while some get poor deals but manage satisfactorily.

Bauer: Different countries are better or worse at stuff, some get good deals on their oil but are bad at handling, other vice versa. I can’t think of a country that’s good at everything.

Bauer @ Nori: In Quebec, we had a lot of mining projects.

Bauer: My own country in cobac. The province has a lot of mining projects.

Andrew Bauer: the issue of communities in particularly interesting. where are technologies transferred and developed? In Quebec we have a lot mining and project. the province made a point not to go ahead with a project without consent.

Bauer: a large percentage of the Mining revenue in a community in Quebec goes to the community

Fr. Archie from JVICC: do we need a moratorium, what kind and how long?

Archie: If the decision is made to mine, is the government not giving away the gold, the copper, and the coal mine? Do we need a monatorium?

Archie: is the government not giving away the gold, the nickel, the copper and the Cole mine. do we need a moratorium. what kind of moratorium.

Archie from GPICC: Is the govt not giving away the gold, the copper, and the like?

Do we have a moratorium? Should it be open-ended?

Gina Lopez @ Mait Gomez: Who’s supposed to make sure that—–, what agency is at fault here?

As much as I love to answer all the questions, but not all of them are ethical enough for me to handle.

Gina Lopez: what is the agency responsible for the cause?

What agency is at fault here?

 

The law should already specify an allocation for the fault of the people.

Gina: what agency is involve here? (monitoring mining)

 

Gomez:in t4he case of large scale mining they have to get a permit.

Maita: though the LGU gives permits, the BIR is just not collecting

Lopez: MGB is not putting the right numbers

gomez: @Gina: it must be BIR

 

Gina: if MGG is not putting the right number then the BIR is not collecting the right amount.

MGP is putting in the wrong the numbers.

Maita: the companies might also not be putting the right numbers

Gomez: The fact that there is under collection. I’m sorry but it’s the BIR.

Lopez: MGB is not putting the right numbers and BIR is collecting what the MGB is asking.

It’s supposed to be the BIR that is at work.

Bauer: MGB tests the soil, but it’s the BIR who goes to the port – MGB

Bauer: It’s suppposed to be the BIR who is at work.

Maita: there’s just a lot of corruption

Gomez: I say that’s a lot of corruption. If this was just one or two individuals, you would not notice that in the statistics.

There’s a lot of corruption. I mean, if this was one or two persons, you wouldn’t even notice. It’s just big-time corruption all over the place.

Gomez: @Gina: if this was one or two individuals, it would not be big. this is big time corruption.

Francis Morales: representing Masipag at scientipikong magsasaka

 

Gomez: are paying land tax? that is why we tell at masipag. 7 out of 10 work on the land they do not own

Gomez: nagbabayad ba kayo ng lupa?

Francis: wala po kaming lupa.

 

Gomez: there is nothing i can say, LOL. Is there a agricultural land? how much do you pay? I don’t want to know the hectare. they pay 200 pesos in real property tax per year.

Maita: mining companies less tax per hectare than agricultural real tax

Sr. Stella: It’s a moral inperative to protect our environment.

Benedictine sister: In the wake of many disasters, particularly typhoon sendong, it is a moral imperative to resist the destruction of nature: cutting forests for pineapple planatations, etc. there is thus a struggle for a Moratorium against mining. But Noynoy thumbs down the moratorium (in spite of even mayors calling for it).

Maita: did Noynoy say “no moratorium?” A better mining law is the project, and its focus is on no-go zones

Stella: it is moral imperative to protect our environment. no question detected.

Sr. Stella: We have to do something and it must happen now.

Gomez: I have never felt that you do something and something happens now. It’s always that you do something and let it just continue and go on. So relax, sister.

AteneoDude: If we wanted a moratorium, what alternative livelihood will it give to local miners?

Junano Dilero, Mongkayo, AdDU: small scale miners are mostly migrants. If a moratorium is to be agreed to what will be done to the displaced miners? and is it possible to nationalize the mining industry?

Question from AdDU dude

What are the alternatives that we can give to them or to the civil society?

Ateneo guy: is it possible to legalize mining

Addu student(male): we should utilize and responsible enough using the gold and minerals differences. why should not the government do it so they are to blame?

gomez: a miner is different from a mine worker. a miner is someone who would never be hit by a landslide.

Maita: the miner is different from the mine worker. It is important to study this situation. Small scale mining gives livelihood to the poor, but it should be regulated considering the ownership of the resources.

Gomez: Why does he get to have the gold?

Andrew Bauer: the revenue doesn’t deal with small money issues.

Gomez: Did you landslide pictures in TV? Did you see the miners? Those are not miners, those are mine workers, who work for only 200 a day deep down on the mines. Miner is a completely different person. He will never be struck by a landslide. He will be far away, living comfortably. Miner and mine worker are two different persons, remember that.

Bauer: There’s a tendency that countries want to nationalize the resource sector or just to get the share.

-increase the revenue and increase the risks

Bauer: Taking a stake can increase your revenues, but also your risks. The reason you take shares is that you share the risk [instead of having it all to yourself]. It’s important to keep in mind that there are risks.

Andrew Bauer: look at mexico where they nationalized their oil industry. they had lower prices but paid big.

Bauer: there’s  a tendency in naturally rich countries to nationalize a resource sector, but doing so could increase risks. example: mexico nationalized the oil industry, but the tax payment became heavy to sustain the industry.

Wicks: deforestation by mining

Bauer: Nationalizing,increase your revenues. However it also increase your risks. Let the company bare the risk.

Bauer: private enterprise increases revenues but only the private company suffers the risk.

Bauer: let the company bear the risk; why should the people pay for the risks. Other means of revenue through enforcement of rules, regulation.

Andrew Bauer: so there are other ways for nationalization. there are arguments but it works.

Q: does your data cover coal mining?

Gabriela: does the speakers’ data cover coal mining? coal isn’t covered by the PMA 1995. Coal should be considered in mining issue

Gabriela girl: I would like to ask if their data includes coal mining, because it is not covered by the Philippine Mining Act of 1995. I’d also like to challenge the audience by including this in our discussion.

Q: should we also cover coal mining? (question from Gabriela / network opposed to coal)

Gina: we have just not gotten over laws. not even by the same government agency.

we have not gotten around to coal. not covered by the same laws, regulations, not even by the same agency.

Maita: yes, coal is an issue too. But we still haven’t gotten into coal that much yet

Gomez: I agree, coal mining is not covered by the mining laws, even by the same agency.

Q: mining companies seem to be fast-tracking. they apply small. before they are done, they apply for another, and another. in sorsogon, they are doing mountaintop removal

They can literally remove mountains, just to get away with it! What will happen to the hundreds of hectares, to the Philippines?

A de Naga girl:

if they remove 20 hectares then another 20 hectares and another. what will happen? (there moving the mountains)

Q: with moratorium, we can rest, we can rethink, we can do some studies which of these areas can be mined (safely.) what can we do about the corruption?

PNoy said he would listen to us! For we are the cause. It’s not just the government units he should listen to.

A de Naga girl: PNoy said he will listen to us? we are the boss.

guy in white: If I were in the government, to benefit, i would insist on value added resourcing.

Q(Goodman): which countries are good at revenue mgmt

Bauer: 1) revenue saving

2) revenue sharing scheme

3) if you have a national mining company, do you manage it properly?

Andrew Bauer: have a revenue sharing scheme.

Timor Leste — sovereign fund, invest more in education and infrastructure

Q: are there countries that serve as good examples for revenue sharing? Is norway a good example?

Andrew Bauer: the challenge to value added in mineral rich countries is pure capital.

do you want to build an industry based on minerals (which will go away)? or would you rather take the revenue from minerals tto channel to other industries?

what about processing? processing is also destructive, and requires lots of energy

Bauer: There are many countries that make good models for a revenue sharing system. Norway is doing well, but they prioritized developing capital (education, health), which shouldn;’t be the priority in developing countries

AlyansaRep: How can you apply your computations on the present mining projects?

Edel from Alyansa: how much can be gotten from the Tampakan project, considering taxation? Can the agriculture provide more revenue?

Edel: if we ever had applied your principle in the more popular mining activities, how much can we get. how can we apply your computation in mining.

 

Gomez: i don’t quite understand your questions and i think neither do you.

Bauer @AlyansaREp: Investment and Benefit

Andrew Bauer: it’s good to differentiate investment from benefits.

Bauer: it’s important to differentiate investment from benefit. It seems even the Philippine Government does not know the difference

Pepito: How could we get the ranking in the international without exploiting minerals?

Reymond Pepito: how can we improve our global economic standing without resorting to exporting minerals?

Reymond Pepito: I really like your discussion, especially on the debunking of pro-mining arguments, and I agree with you; mining is not a job generator, no matter what other companies would argue.

Gomez: what can we do to progress? how can we tell if we have progress? there has to be economic activity; we have to produce infrastructure

Gomez: How can you tell that there is a progress, in the php, if you work does not mean you live.

example in Sibuyan: only 2km of road. people just walk. how can you have economic activity?

Gomez: There has to be econimic activity in our country. There has to be virtues of structure. They have 2 km of roads everywhere! There are no roads; everyone just walks there. So how can you expect economic activity in a place without roads?

Reymond: how could we still get that kind of ranking without exploiting minerals? (we rank 50)

 

Gomez: How can you tell if you have progress. if you work, doesn’t mean you live. you need to have economics in your life. people have to work.

Gomez: Why dont we if we really given incentives, why dont we give it to entrepreneurs so they can invest it.

people have to work to create the infrastructure

why don’t we give it to Filipino entrepreneurs who will reinvest in the country?

Maita: why don’t we give incentives to entrepreneurs who re-invest?

Why don’t we do something about agriculture in this country?

Henry Sy — is he taking it out, or putting back in? thousands of people get jobs building that mall (not that i’m recommending we have malls).

we must produce what we need.

why don’t we produce agriculture?

Gomez: @Reymond: when henry sy builds a mall, thousand of people get jobs out of that mall. but the point is, we need to produce what we need.

Gomez: Can we give incentives to those Filipinos who can innovate?

 

Do you know Henry C? I know him. He builds malls, and he enjoys it. It builds economic activity. I don’t recommend that we build malls, but can we do something like it? Can we make our own vegetables and consume them? We just buy off products from other countries. We don’t need to import products, import our pesticides and like that. We even import the seeds!

We even rely… on the US. For the rice production. This is ridiculous!

Bauer: take all mining revenues, put it into special fund, and invest it into infrastructure

Andrew Bauer: take all their money revenues.

Bauer: They should take all their mining revenues, make a special fund out of it, and fun for another structure.

Gomez: About the jeep, how can we promote tourism if there is no toilet!

Maita: we don’t necessarily have to subsidize local industry, but we should build infrastructure.

Before the company ventured, they were already small-scale miners in the area. They were extracting gold.

Where is the gold?

Gent from Zambo: DENR approved an ECC amendment for zinc and copper extraction. Prior to entry of TVI, there was already small scale mining — they were extracting gold.

now here comes TVI seeking approval and amendment to approval for zinc and copper. what happens to the gold? this is not underdeclaration, this is non-declaration?

mining in mindanao speaker Tio

First speaker in Mindanao who will present case studies: Tio

Perpy Vina Tio: uhhm. Good afternoon. It was a good thing I saw Fr. Toni when I came back to my seat.

Ms. Perpy Vina Tio the executive director of mindanao initiatives for cultural dialogue is going to talk next

Tio: People were asking why I didn’t publish my research… it took six years.

Tio: Why is that there is this study? It is because the Jesuits ADDU ADZU and Xavier University planned commissioned case studies.

Tio: Why is there a study for mining? because the jesuits started the project. I’m only gonna talk about the 4 cases

Vina Tio: why is there this kind of study? the jesuits made 5 cycles of mining in Mindanao.

Perpy Vina Tio: The title of the study is analyzing stakeholders and analyzing statistic engagements.

title of study: “analyzing stakeholders and identifying strategic engagements”

Tio; the title of the stiudy is analyzing stakeholders and analyzing statistics engagements

Perpy Vina Tio: Father Toni told me to get the lessons.

It’s really anti-mining and pro-mining. Where are these voices located? How are people affected?

There are the 4 cases of mining.

 

Exploration

Development

Extraction

and Closure

The 4 cases of mining are exploration development and closure

Tio: synthetic overview

Mindanao 1990 was looked at as a colony, as a land of promise

WW2 Land of promise

Ramos occupation is called Island economy

Estrada occupation is called conflict area

Arroyo is also called conflict area

Tio: Metallic in 1970 goes up until 1985 and then slowed down up 2005. While nonmetallic consistent 

It only shows that there really is an off-setting of metallic and non-metallic resources in Davao.

Vina Tio: phase 1 sculpting phase 2 stakehold analysis phase 3 strategic planning.

during the estrada erea, Mindanao was viewd as conflict area. the view was the same in Arroyo era.

Tio: We can see that 2000-2005, there are provinces that have no metal output.

Vina Tio: there is offsetting revenue for metallitc and non metallic products

Tio: 2000-2005 there are provinces where there are no metal output.

The GDP 1967-2005, It never got up from 5%. mining is behind from GDP share

Tio: Mining is way way behind GDP share.

Mindanao has been in a subsistence mood of provider of raw material especially in Manila.

Mining in mindanao means clashing notions

Mining is political

Vina Tio: mining is political

The FTAA covered 3 municipalities and 3 provinces.

Vina Tio: classification of stakeholders Critical Stakeholders, Catholic Church, Military

Vina Tio: bayog became a munipality from a baranggay.

Vina Tio: when DNR conducted a study in 2007 Bayog is a municipality therefore there is a thug of war of who should get the revenue of the mining.

Vina Tio: the funding for dsmp in 2006 is roughly 9m pesos

Tio: i think the mamanuas got more than 500,000

Vina Tio: they all welcome mining because they are not productive.

Vina Tio: Mamanuas have been bribed.

Tio: The conflicts we saw on Claver, 20-60 have been bribed for employment, disunity between young and old, where old are pro-mining and the young – after learning new concepts – oppose their elders.

Vina Tio: Siocon, Zamboanga

TVI was mining oxides

in 1998 DNR approved CADT

Vina Tio: in Mid 1994 TVI made inital entry at mount cnatuan in 1994 they made first commercial.

Tio: Mid 1994, TVI initial entry in Mt Canatuan,  made a commercial operations

Vina tio: the critical stake holders are the people organization.

Vina Tio: Subanon, Land is life or sacred.

There are also power politics involved.

Vino Tio: there is Power Politics and Shifting of Alliance.

BUT when the mayor was compelled to approve mining, the alliances between these three were broken.

There’s also Declining industries in Subanon

Vina Tio: for the fish farmers there is high mortality rate.

There are also Differing Scales.

Tio: Competing legal claims, diverging frameworks, conflict in tradition, and power politics, shifting alliances, declining industries, differing scales,

There are also emerging issues.

What are the revenues in mining.

Tio: emerging issue in canatuan. What are the revenues. excise tax in 2006 is 35.4 million

Tio: Nat got 21.4 then Lgu got 14.6 million

Vina Tio: Revenues in Mining. National 60% LGU 40%

There are also Taxes, Fees and Royalties.

Vinna Tio: from 1990 to 199 there was a capital of 10,000 per hectar. that’s what they lost.

The host communities are where the project is being done.

Tio: for the whole projects. The stakeholders are affected by the project or undertaking.

 

Hos community and neighboring community

They contribute technical resources.

Those who are concerned with the general community, *she talks too fast.

Tio: The core stakeholder means that their main source of sustainability is affected by mining industries – they are dependent on them. Example is mining companies and small-sxale mining companies. Downstream comunites are affected as well, because their livelihood is dependent on how the company affects them.

Critical stakeholder are those of the general community.

After the study, what should be the conditions of mining?

Mining should mean justice. It ensures human rights and human security.

Tio: Mining should mean justice. It should see the rights of the human community.

Vinna Tio: we have 5 cas studies. after the study, what should be the conditions for mining if we really need mining. it means justiocs, there should be no injustice. responsible mining. no go zone should be respected.

Tio: after the study what should be the conditions: mining should observe the principles

 

Responsible mining ensures inter and intra genration

There should be appropriate use of land.

Vinna Tio: it should ensure transparency of files like payments.

Tio: No go-zone should be respected, and appropriate land should be used. Social harmony is maintained in responsible mining. Transparency should be maintained.

Tio:Responsible mining stringent monitoring and indigenous governance

That’s all.

Tio: that’s all

*plays music

Open forum is about to begin.

Open forum is going to start

Open forum starts

Music plays again

Atty. hello everyone, how is everybody. how are you ok after that presentation. i feel a very different person now I have some rules to guide us in this forum

It is 2:30 in his Nokia X2 phone.

Today I baptize you by number.

Atty. today i will baptize you with number

Justice: In order for us to heed the people, we must go all-out to mining.

Dolly: in order for us to feed the people we must go all out mining.

Q. Was this jesuit father live in mindanao for a long time? If this is a jesuit program, but why there is other jesuits are in the opposition

Fr. Toni: We Jesuits are very unique. WE have different characters. I know which Jesuit your are referring to. It’s his opinion as an individual. He does not represent the Jesuits as a whole.

Father: @Dolly: when a jesuit like that speaks his opinion, we don’t say that you don’t have to speak. One jesuit does not represent all

Jusuits are unique, some in the other side and others are on the middle, No amount of data will change your mind.

the lady: did the case study group come up with recommendations about the mining right now?

How do you think the current target of the Aquino regime affect the current situation of communities?

Q2. Did the k study group came up with the solution? how do you think the current target of the Aquino regime affect the current situation? How this policies affected human rights?

The lady: You mentioned stakeholders having cudsies. (?) How do these gov’t policies encroach the human right and socio-economic rights of the indigenous and poor people, the core stakeholders?

Tio: Objective of the whole research was for the Jesuit engagement and understanding. We did tackle the PMA, but it was not for a recommendation, but an internalization. That’s why it took years to publish. There should be a higher engagement to proceed after the case study, but somehow there was none.

We want you to understand, with the 5 cases, the issue of mining in Mindanao.

the lady: How do these government policies affect the rights of the indigenous people.

 

Tio: the objective of the whole research is for the Jesuit engagement and understanding.

 

Father: we wanted to understand what is really the condition of mining in Mindanao. we were about to publish it but better not now because maybe we can push further our conversation.

We were about to publish it, but we said no: Outdated, and that another mining conference was held up and thought it was the opportunity to bring the issue there instead.

Fr Tony. Actually this research is commisioned by 3 ateneos. it is very evident that mining is crucial for the environment. We are about to publish it but the other members said not now. We need to continue this conversation in the conference they said. Responsible mining is not happening in the mindanao. Constitution is weak and policies are not in place of the moment.

Fr. Toni: They talk about responsible mining but it’s not happening.

father @the lady: there is no way of monitoring at that moment. people are mentioning responsible mining but it’s not happening, it’s not happening.

Sometime soon, maglalabas ng meneral policy and government.

Q3. Does one of the policy recommended by the government? can ateneo recommend this into the national policy?

Can Ateneo pose a strong recommendation on this national policy to be implemented. Thank you.

Tito: is it one of the policy to be recomended, itong open cut mining ay mawala; can Ateneo post a recommendation.

Atty. Romeo: i’m not sure that we can answer a question address to ______

JD guy thanks the host for the research in Mindanao.

JD guy : Has Mindanao had that opportunity the findings of the research> IF yes, can you tell us the reactions?

Has Mindanaon have the opportunity to share  the findings of the research. Was it given? If yes, could you give the reaction, if no could you explain why was it not given?

Was there an opportunity for Mindanao to interact with the Mining industries?

JB: when the case study was being study we were excited. in the 6 years that we have been monitoring the study, on a company by company basis TVI has been active. was that an opportunity for the ateneo to share the mining industry.

Q5.Jd. in the 6 years of media work, the mindanao chapter is the most active in delivering the message. could you give their response? Was there an opportunity for the mindanao to interact with the mining industries?

Tio: We have not shared the findings directly to the mining companies.

Tio: @JB: it was only presented to some.

Tio: Two of the five studies were done by me. One issue was the validity of data in my case study, particularly the health data. Words were thrown at each other.

father: @JB: even if you present your data it will be protested. i believe that people have already made their minds. so even if you presented the data, they will not listen.

Fr. Toni. Even if you presented your data, they contested it. Even if you presented your data, they will still not change their minds because they seem to have made up their minds already.

Data like this is never easy to engage people from the other side and this will not easily persuade others because they have already made up their minds.

Rosalinda: we were able to represent it in different levels.

Comman: It was clear that they have a major impact on those rivers on that time

whether TBI is responsible for those impacts

Couman: What’s the date of your data?

Okay. 2007.

I was there 2004.

*fast talk again

Dr. Coumans: Siltation and loss of fisheries. what’s the date for that data? (A: 2007 down) Were there any ordinances or fines at the minimum that the companies were faced with concerning these acts?

Coumans: The data you presented, what is the date of that data?

Tio: 2007, down.

Coumans: Great. I was there at 2004, and it was clear that the quality was substandard. They used rice bags [for the dams]. I’m wondering; has there ever been any ordinances, fines that the company incurred?

Dr.: what’s the date for the data presented

Tio: 2007

Dr.: i was there in 2004… are any of teh impasse you have specified, is TVI responsible for that.

Tio:

Q: is the documentation you gave today already released for public view? – Coumans

Is it public? *the data

Yes. It is. *hahaha

They can ask a copy from Fr. Toni..

A: yes, for everyone who wants a copy, you can ask one from Fr….

Coumans: This is the kind of study we should see from other provinces.

Dr.: is the data public?

Tio: is it Public? Is it Public father? (everyone laughs)

if you want a copy just ask father.

ARe you saying that the indigenous people are better off without FTIC. *whatever that acronym is

Tio: FTIC guidelines are very good but they should follow these guidelines.

Dr: FTIC is a guideline which is really good. People should follow these guidelines

Dr. Goodland (?): If you train indigenous women, they are much better than men. They don’t drink, they don’t drive too fast. So don’t expect them that all they do is laundry.

Juland: It’s not just about increasing the revenue shares

what about the mineral development

Question: What about the mineral development and aspiration for industrialization?

Jonan: speaking of responsible mining, we talk about it. i think its not just about utilizing it. What about the mineral development the aspirations, recognizing the mineral development? 

The mineral environment and aspirations of the Filipino people for industrialization

Julan (?) from panalipdan: i think it’s not just about increase in revenue shares or utilizing certain methods. what about the mineral development and aspirations of the filipno people.  i think that’s one of the most important aspects of making an effective case study.

TIo: it is really important because the filipino should utilize. but what happen is we export this mineral. If only there is value for extracted minerals. If we export this minerals, we are still the only one buying it.

A: If we can identify the correct amount of minerals to be used in a certain country, siguro regulatons on mining will be based on this.

Fred Latasa:  I appreciate the research.

It’s quite more informative. WE know that CARAGA is the mining capital of Asia.

 

Fred, implentor of Caraga Project: In your study, since it is still a private construction, not a public project, can this study be used by our office in promoting our trust to the people of Caraga? Can it influence the policy-makers at all levels, so they could legislate resolutions that could regulate or even ban mining operations?

Have you been included in your study the money that given to the IP’s to the mining?

Fred Latasa: Have you included the money that given to the IPs from the mining?

fred: in your study, since you mentioned it’s a private consumption, can this study be implemented by our office.

Tio: many mining locations where IT’s are, when they get their royalty, there are changes in the lifestyles.

Fred Latasa, implementing project at the caraga region in agusan del norte and surigao del norte: in your study, since you have mentioned that it is still not for public view, then can we possibly ask a copy of the data? What’s the effect of the miners to the communities?

Q2. Glarasa.

Can they have a copy of the data? Have you ever included the money that given to the office from the mining, does they have changes in their lives in regards to the fund given to them?

With regards to changes in the lifestyle, they have the latest cellphones, motorcycles, and techy gadgets, and concrete houses.

Usually, the real amount is kept secret and the only ones who only know these are the chieftains.

Dr. @ Fred: With regards to changes in the lifestyle, yes they have changes in their lifestyle. They have cellphones, motorcycles, techie gadgets, and concrete houses. They are into cockfights.

The real amount is kept secret. The only one who truly know this are the chieftains.

A: Because of the money, vices in these communities are heightened. actually, the real amount are kept secret.

Q3. Lopez 1. mining splinters the community, sometimes they fight, they started  getting greedy. Years ago they share but now they don’t share anymore. Do you have any data of manangwa the reason why the eleders became pro mining and the young did not?

Bernie Lopez: do you have any data on the Mamanua (?) why the elders became pro-mining and the youngsters did not?

You mentioned that the presence of a mining operation, splinters a community. Do you have any data on the reason of the splinter? Why did the Mamanua chieftains become pro-mining and why did the younger people oppose to it?

Dr: only 30% of Mamanwa land is productive

Tio: The Mamanuas wanted to earn for a long time. Only a small percentage of their land is usable.

Lopez:

1. why did the elders become pro mining and the youngsters not.

 

Tio: the mamanuas wanted to increase production.

Tio: I saw the soil of Claver, it is red and clayish. It’s not for agricultural purpose.

Lopez 2. the purpose is to give inputs to the jesuits? what is there strategy?

The purpose of the study was for the Jesuit to make their strategy.. Uhh, what is their strategy?

 

*crowd is amused

Bernie Lopez: what is the strategies of the Jesuits?

Fr: We wanted to have a tool to help the local communities.

Lopez: what is there strategy?

 

father: i don’t think jesuits have a strategy. we like to be involve.

Tony: We want to have a tool. when mining companies come they were able to discern. To be able to develop a tool. We have no strategy, this international conference may lead us to the strategies to do

We have no strategy. – Fr. Toni

It is not for us, the Jesuits, but the community, the stakeholders.

A common thread in all our fact finding mission is the role of the NCI or it’s failure to implement correctly the policy.

A common trend in all our fact-finding studies is the role of the NCIP, or the failure to implement the processes for the approval of permits. We have seen not only the corruption, but the connivance between this agency and the mining companies over the IPs.

Did any on the study go deep into the role play of the NCIT of implementing the conflicts that are in the community? Do you plan to continue of studying this?

Q4. Did any of the study go deep into the role played by the NCI(P)(T).? if you don’t have any enough data, will you still continue?

We cannot deny that failure of government agencies to implement a law can really affect the people underground.

Luz Illagan: did any of teh study go deep into the role play by the ncit in implementing the conflicts that are on going in these community and if you do not have enough data on this do you plan on continuing on this.

If you change your source, thats another document. You have to keep another NCIT.

Tio: I’ll speak for my case study.

The NCIP had a meeting with the council of elders.

They talk about the expansion of TBI. They have to keep another FTIC. The funding was facilitated by TBI.

A: i think the NCIP technical assistant used my laptop for documentation, i used the information he left there. Usually though, everything should be held in the community, in the tribal house, in consultation with the chieftains. In this case, the chieftains were invited to the hotels.

The council of chieftains were invited to a hotel. That was it. I got the documentation. That’s how NCIP facilitates the entry. Everything for the mining company.

Joselito Jayma, lawyer: what would be the policy recommendation you want to give in the light of the data of the temperature and climate change.

Atty. Joselito?: Based on your research what would be the policy recommendations in the line of the data of the temperature of climate change?

A: I’m sorry, i’m not in the authority to give policy recommendation.

Tio: We have not gone that far [climate temperature being high in Mindanao]. It was not part of our scope. We were there just for the mining. We may need to conduct another study for that.

Lawyer by profession: what are the policy recommendations based on the study?

Tio: we have not gone that far. because in 2007 climate change was not yet that rampant. i’m in the authority to give policy recomendation.

Lawyer by profession: so, you’re saying that we need to conduct another study.

tio: yes

Q: I used to work in nongov dealing with mining companies. I experienced that most legal positions of these communities are usually weakened due to lack of legal assistance…..

Tio: Another NGO working on that, LRC (Legal Resource Center).

Lawyer by profession: based on your research, have you come across these instances?

Tio: legal representation. i think that there are other ngo’s on that.

What would be the policy recommendations based on your research?

 

Tio: We have not gone there because climate change was not considered yet in that case. WE were just there to get raw data but not connect it to climate change because it’s not just what we studied kasi. It’s outside the scope of our research.

 

Based on your research, have u come across these circumstances? And do you have recommendations for this?

Atty.:Based on your research what would be the policy recommendations in terms of legal assistance to mining activities and to mining companies?

Fr. Tabora: Recently, through the interventions of FR. ALejo, one of the challenges he saw was the need to develop leadership skills among the leaders of these communities.

father: @issue: recently, one of the big challenges is the need to be able to develop leadership capabilities among indigenous people.

Tabora: Through the intervention of Father Alejo was the expressing of the need of leadership between indigenous peoples. One of the biggest challenges in general is building leadership between the people and the students of the Ateneo.

Tabora” recently throught the interventions of Fr. taliho, one of the big challenges is the need to develop leadership in the indigenous people. So we hope to be able to increase the number of indigenous people to join our conferences

Fr. Tabora: One of the big challenges that he has explicated is that he is able to develop leadership among indigenous peoples. Therefore, part of the undertakings of Ateneo is to develop leadership skills and it will address leadership concerns among students. We want to increase the capacity of indigenous people to participate in the government activities.

“Some of the conditions posed as a challenge to the policies.”

Certain policies needed to be changed to fit the needs of today. – Ms….

Tio: What has happened is the distortion of IP values due to their involvement with the mining companies.

Not at the local level. WE result at policies that need to be changed. We need to address national concerns.

While there are only 2 areas, we can still say that the IT conditions have not developed.

research team: maybe this is aninvitation for researchers

Open forum is closed.

Open forum has closed.

Seeing the conditions on how they live, we can see further how mining has changed their lives. Not only the aeta communities but also the local communities whoch are engaged in mining.

Open forum is now closed.

The open forum ended

Mr. Cabarde: Mindanao is mineral rich. “Where there is mining, there is always conflict,” ~ Sara Duterte

Mr. Cabarde: What is more crucial in this session is an invitation for us to reflect on what is really responsible mining.

Ms. Margarita ‘Maita’ Favis Gomez , on stage.

Ms. Margarita “Maita” Favis Gomez is now on the stage.  Business economics discussion on mining,.

*music plays*

Ms. Margarita ” Maita” Favis Gomez called on stage

Ms. Margarita Favis Gomez is going to start talking

Gomez: I did a research back in 2011, wanting to get a picture of the benefits and effects of mining, and how much does it contribute to the country.

Margarita Gomez: it’s research that i did in 2011. i just wanted to se the benefits of mining on the economy. which is on the amount of revenue that are garnered from it.

Ms. Gomez: It’s a research I did the last year.

I looked at the GDP of Mindanao. I used it as an introduction that can be used in your own region.

Gozun: maayong hapon sa atong tanan

Hon. Elisea Gozun: It’s always difficult to speak when people just had their lunch.

GozunL: Thanked Fr. Tabora for choosing me

Gozun: I’m part of person study group.

Hon. Elisea Gozun: We will have to wait for the President to approve the mining law.

Gozun: What should inspire all of us is that the president has reviewed our situation.

Gozun: We took a look of the different issues, government issues and environmental issues, and the stakeholders reviewed them to give their recommendations for solving these issues.

Gozun: We do recognize that our country is bless by biodiversity. rich with mineral resources.

Gozun: I believe we must have clear scientific research for the decisions that our government makes. I believe it is in the line of sustainable development.

Gozun: When we talk about the wealth of the country, we talk about GDP. But we do not that does not tell the true wealth, as there is also environmental wealth to account for.

Guzon: We must value minerals. Especially water mineral.

Hon. Elisea Gozun:  Our problem is that when we talk of the wealth of the nation, we only know GDP. That’s not enough. We’re also talking about our water, and other resources.

 

And we’re trying to address this. When we do total economic evaluation, we will have informed decision-making.

Guzon: When we are talking about wealth, we also consider the social wealth.

It’s not just mining itself but mining will be there.

 

Is there really a role for resource development?

Mineral resource development.

 

There must also be some way by which we consume responsibly.

Guzon: there is also some way to consume responsively. We must know the limits of this resources.

Gozun: Realistically, we go about our day and day lives using materials, both mineral and non-mineral. But we should also learn to consume responsibly. If people consume the way we do now, we would consume 1 and a half earths. But we do not have 1 and a half earths. We only have one.

Guzon: what is responsible mining? we need to have standards about that and know the complications

How do you ensure responsible mining? We have to have standards whether it be in small-scale or in big-scale mining.

Gozun: Respect the rights of the indigenous people, and also equitable sharing in terms of national and local gov’t.

The fundamental flaw is we never valued national resource.

Guzon: There should be equitable sharing in terms in national and indigenous people. once again, there should be a value to make it equitable

Gozun: Another important element to consider is the impact of climate change.

Guzon: very important element to consider in making decision is climate change. We base it in the analysis of scientist.

G0zun: In Mindanao, we actually have less rain and it is where the temperature is really high.

Now, we need to make plans basis on the scenarios. What’s good is that DOST is coming out with their own forecast. And here in Mindanao, we are expecting the temperature to be high. IT is important that we be a part of the solution in this problem.

Gozun: critical to all of this is to vote for the local and national government

If kulang tayo ng resources, then how can you enable? How you make sure? How can the policy be implemented?

Gozun: Improve the capacity of the government itself, and enable its role. If the tools are not there, how can you enable or ensure that the policy will actually be implemented?

Gozun: we are good at making laws but we are quite lax in implementing them like the solid waste management program that has been with us for a long time.

Guzon: we can’t implement laws because there not enough unity. People should understand the objective of this law so it will be followed.

Gozun: Whatever policy is there, it is important for people to know what these policies are, so that the people will feel that it is a policy that needs to be implemented.

It’s not jsut enforcement eh. Each one of us has to implement it.

 

It is important to understand the objective of the policy.

Very soon, a new mining policy would be inducted.

Gozun: all i can say is very soon,  a new mining policy will be inducted but still in line with the presidents own vision magkaroon ng matuwid na daan and to improve poverty.

Gozun: The president wants to ensure that his goals of “Tuwid na Daan” and combat poverty are completed during his term.

Guzon; New mine policy will be adapted. It will be in line of presidents vision. it is one of the presidents objective to help us in this situation

Gozun: we will have  development that will ensure , long term economic development but that development can only be long term if we don;t harm the environment like our productive land and productive seas.

Gozun: We wish to continue working with you so that the policies of the government will be in line with yours so it will ensure long-term economic development and development of the people.

 

It will only be long-term if the environment is secured. It works that way.

Guzon: We need to work together for sustainable development. So we can improve our quality of life and

make it longer if we don’t harm the environment. To make it happen we must do it together.

We’re all in this together. We will all be affected in whatever decision is made. We need to work together.

We need to have sustainable development that will ensure long-term economic development.

Pagtulungan po natin ito.

Maraming Salamat.

Gozun finishes her speech.

Gozun: whatever decisions we make will have a commutative impact for our tomorrows.

keynote intro for dr. catherine coumans by suzette alino

Dr. Catherine is a Multi state holder

phd reseearch in marinduque from 1988 to 1989

Dr. C. Publications about mining human rights

keynote speaker on stage

i want to start late last october i met fr joel for the first time

Dr. C. Thank you very much, she met father Tabora.

10,000 hectares affected. Tabora wants to increase the knowledge about mining.

overwhelming implications of tampacan led to raise awareness of mining
strong policy development with regard to mining
suggested conference
international and phil experts

Catherine Coumans: the largest propose mining in mindanao lead father tabora to start the conference and hold it as soon as possible.

Fr. t. suggested this conference.

thanks to fr. tabora and organizing team

conference about facing hard facts

This conference is facing hard facts.

We must face it head on

identifying positive responses and strnegthening solidarity

Coumans’ PowerPoint presentation is titled: “Facing Reality: Sharing Knowledge , Strength and Solidarity and  Development”

We must learn to each other.

Indigenous people experience mining impacts firsthand

impacts to indigienous peoples, decision makers

Coumans: Indigenous families will be affected by mining for decades to come.

Educators, they can help distinguished fact from fiction

we have to dstinguish bet fact and fiction

Catherine Coumans mentions the background of the audience groups and how they are affected by mining.

given pressing urgency of tampacan project, fortunate to have clive wicks and goodman
experts on environemtnal risks and interactions with mining officials and goverment
perpy tio on mining in mindanao

Tampakan (Cotabato) project is pointed out as delving into the larger aspects of mining in mindanao

Catherine Coumans: the tampakan project will be discussed tomorrow by other speakers. i will not be mentioning to much about the tampakan project.

broad overview of some of the realities

important trends in mining worldwide

Tampakan project. This presentation is to provide the overview. reviewing the large scale mining

active development and guidelines in mining

solutions to lack of enfoorncement of standards

This leads us to possible solutions. Country continued to assist

problem of effective impunity and lack of access to remedy

Catherine Coumans: we have to look at industry and government responses.

look at industry and government responses

lot of effort to hold mining cos. responsible

Coumans: We have to look at the industry and gov’t responses to these companies that are accountable… they are responding to these attempts.

Catherine Coumans: the indsutry is not sitting back, they are doing something about mining.

the empire strikes back, but does the emperor have any clothes?

We have to look at government responses. To increasing mining company accountable, The city are responding and the government as well. The empire strikes back

mining is development? needs to be reexamined

Coumans: “Mining is Development.” It needs to be critically examined.

focus on the role of the canadian government

trends in mining

Catherine Coumans: start realities mining is getting larger local and national level.

Trends in mining. large scale are getting more mechanize and employing more people

Four executives in mining earn 10 million dollars per year

Catherine Coumans: mining companies do not give the benefit back to the people who are affected by the mining.

startk realities
large scale mining expanding globally
mines getting bigger
negative ecnominc impact at the mnational level
becoming more mechanized, employing fewer people
communities are not sharing proportionally
24 mining execs are highest paid
rather than enjoung prosperity, countries dependent on mining are more likely to have lower econo development

Coumans: Rather than enjoying economic prosperity, they are dependent and more likely to develop than other countries.

corruption related to mining is significatn
bribery and corruption are major risk factors
risk factors for people

corruption to mining is a problem. Bribery in corruption in mining is a risk factor for the people

Catherine Coumans: bribery and corruption of mining companies is a major risk factor for the people.

few developing countries have the institutions to regulate large scale mines

Coumans: People who are harmed by mining do not have access to justice.

Catherine Coumans: the cost of developing and funiding the monitoring of mining is prohibited to rich countries.

costs of developing and funding monitoring are prohibitive
people harmed by mining have no way to redress
mining goes into remote areas

Mining happens in remote areas

“when people are harmed by mining, justice is not served readily.”

mining off the coast of PNG

Deep sea bed mining

mines encroaching on indigenous peoples

people moved off their land

mines are encroaching on the lands of indigenous people who rely on natural water to survive.

Coumans: Mines are encroaching on indegenous communities who depend on water and land to survive. They are moved by mining companies worldwide.

Catherine Coumans: increasing numbers of people are being move out of their land worldwide because of mining.

Increasing number of people are moved by the company in mining

rising opposition leading to use of paramilitary forces
human rights abuses
label activists as terrorists

Catherine Coumans:  increase fuse of army for mining causes increase abuse of human rights.

mining activists targetted and killed
mines operate in conflict zones
human rights abuses

rising opposition to mining globally issues increased security forces of mining communities. mining activists are treated as terrorists, most often being killed for speaking out.

Coumans: Mining companies use military and other authorities to protect their assets. This further aggravates human rights. People get killed for speaking out against them (mining companies).

mines moving into undeveloped and protected lands

Catherine Coumans: mines are reaching protected forest areas.

Mines are increasingly developing in areas were it is difficult to manage the environent risk

production and ccontainment of toxic mine wastes

Coumans: Achilles heel: The production and containment of environmental toxic waste.

top 10 pollution problems
smelting

Mining is one of the top 10 pollution

Coumans: 12 million people are at risk (by toxic contamination)

Catherine Coumans: the green cross and black smith has produced a report the mining endangers all people world wide.

properly managed mine ways is difficult and almost impossible

Catherine Coumans: threats to water land and people do not end when the mine closes down.

properly managing mine wastes is diffiicult, moreso in mountainous areas, rivers, and populated areas
threats to water and land do not end when mine closes down
longterm effects even after mining has moved on

We have to get to realize that threat of mining to water, people, surroundings will remain damage for decades.

the threats posed by mining do not end even when a mining company closed down. the damage lasts for years, decades, even centuries.

Coumans: Problems do not end when mining companies shut down. Long-term environment destruction left by them can still affect people for generations.

Catherine Coumans: each new green field mine becomes economic liability.

greenfield mines become problem areas for environment

analysts are reporting increase in global level mining
communities closes to mines are most affected

Catherine Coumans: increase in opposition to mining by people close to mining areas in indigenous areas.

analysts are reporting an increase, globally, on attacks against mining

people close to the mine face more danger

communities opposing imposition of mining before it starts

Coumans: Increasingly these are vulnerable to indigenous communities. They are opposing mining companies.

Catherine Coumans:  indigenous people are opposing the mine before it starts (new trend)

People thought it would be fine but when they felt the pose of danger, that’s when the time they act

even remote communities are aware of what will ensue when a mining company starts to invade their land. and with that, they immediately take action against it.

demonstration in mexico
protestor killed

Coumans: One example is Marinduque, where the community did not protest until they felt the after-effects.

Catherine Coumans:  a picture of a man being dragged by a police is flashed. the man was opposing the mining programin their area.

killinggs of villagers with alarmming frequency

killings of villagers for protesting

Coumans: Villagers are killed for protesting against mining companies, this can be seen worldwide.

Catherine Coumans: public statements all over the world “clean waters and ground waters”

villagers who protest against mines are being killed because of their determination to protect the land they live on.

clean water and ground water
access to land and food security
identity as linked to territories
future development opportunities incompatible with mining

Clean surface and ground access to land for food  are the things the people values most

interesting trends
indigines leader: “since no one consulted us, we decided to consult ourselves.”

future development options incomparable to mining are defeated once these companies get a hold of these lands”

Trends, Leader from peru, since no consulted us we decided to consult ourselves

local people setting up their own polls

Catherine Coumans: public statements trends “since no one consulted us, we decided to consult ourselves.” – they set poles if they want the mine or not.

bring in intl observers

Coumans: Polls are done in official way, they bring officials to oversee votes.

Peru cancelled mining permit bec. of local protests

moratoria in the phils
local officials not convinced of the benefits of mining

Catherine Coumans: in the philippines there are 10 provincial mining

Coumans: LGUs are not convinced of the benefits of mining.

Philippines, 10 provincial 2 municipal areas are doing mining

ban on open pit mining in zamboanga

critical role of elected public officials to hear the will of affected people

We have to mention the ordinace against mining in south Cotabato and the recent battle in Zamboanga del Norte against mining as well.

Critical role of decision makers. Some municipal are responding to the voice of the people

how will the national gov’t follow suit?

the critical role of the elected officials in amplifying the voices of those who elected them

The role of national level official is critical.

Coumans: Officials are responding to the people who voted for them. Speaker wants to see if these officials will respond.

role of national officials is critical

Catherine Coumans: the critical role of government officials and decision makers are critical.

The role of officials are critical

gov’ts respond9ing to concerns

Catherine Coumans: relevant laws on mining had been passed in certain countries.

argentina prohibited mining(2010)

there are governments around the world who have started passing relevant laws in relation to banning mining.

costa rica hs banned oepn puit mining
argentina banned glacial mining

el ssalvador not to approve metal mining

The public is also expressing their opposition against mining, whether it be open-pit mining and etcetera.

Argentina has prohibited mining in glacial areas on 2010. Also prohibited toxic wastes during mining.

Current mining code in columbia prohibited mining as well

in addition to direct action by local communities, there are important actions taken by national organizations.

important roles for nat’l organizations — chruch and civil society

role of locall and national media, media is fifth estate

Catherine Coumans: roles of the media is to let the voice of the affected people be heard.

Role of local media that the voice of people will be heard

There are important roles to play for national organizations, to support local struggles and change in Manila. The role of local and national media is important in expressing mining problems and the public concern.

Coumans: Media is the 5th estate, and is critical for every country. They are tasked on giving critical information to the public.

the role of local and national media in voicing opposition against mining has created an impact.

problems are not unique commonality throughout
vehement struggles even in canada

The problems going on in the philippines is not unique

international solidarity is very important

international solidarity is very important

Coumans: Indigenous people are being jailed… this is getting ugly.

Catherine Coumans:  indigenous people are getting jailed by companies because of protesting.

communities with success stories
tablas

this is why international solidarity in reducing these issues is an important part of this conference.

Coumans: visited Tablas, visited 3 communities, where Canadian companies were trying to get started, and people protested.

ivanhoe decided to leave tablas

Catherine Coumans: people sometimes refuse the mining conference because they already know what it is.

tablas near marinduque, so aware of effects been ther done that

how to struggle?

Tablas story, The people really oppose mining. they said we seen that in marenduque. We don’t need that

we know what we want, but not sure how to go about stopping it

“we knew what we wanted, we knew we had to get rid of this mine, but we didn’t know how to go about it.”

strong solidarity with local church, local governemt, local school
campaign throguh alyansa tigil mina

Catherine Coumans: people know that theydid not want mining but do not know how to stop it. local government and schools help but h=they could not campaign.

Tablas- They have strong solidarity especially the churches, local governments, the schools. And they need to campaign.

“We knew what we had to do and we didn’t know how to do it, we didn’t know how to stop the mining.”

ivanhoe withdrew last october for lack of social support

mobilizng people

Coumans: People in Tablas showed speaker their signs everywhere when she arrived. She was overjoyed.

They lack social support. The people showed Dr Catherine all the signs posted saying “no to mining” The people were mobilized. They showed Fish farming as well, and took her up to tree planting

Catherine Coumans: tablas started their campaign by showing signs all over the area.

lack of social support was the reason for some mining companies leaving prospected spots. the people are mobilized, they knew what they wanted… and how to show their complete disdain for mining.

fish farming instead of mining, tree planting
“all of these things make sense, all these things are protected”

“Kids were shouting and putting theit hands up while saying ‘No to mining!’ People were mobilized and they knew what they wanted.”

various efforts to ensure standards

Coumans: Takes it up a notch: Talks from community levels to international standards

Coumans: 2005, she attended a publication

knowledge over 15 years
2005 framework for responsible mining (publication)
develop standards for governmance, no-go zones
leading edge practices of the world

Catherine Coumans: much of the mining knowledge are being exercised.

framework is usseful reference tool

Coumans: The framework is still a reference work. But as we finish it, we haven’t dealt with reinforcement yet.

Coumans: Mining companies insists on volunteerism.

Catherine Coumans: framework has yet dealt with enforcement.

we know what the problems are, we know what needs to be done. much of these knowledge are used in various standard exercises.  we tried to develop standards and in doing so, we outlined the best practices led by various local governments. the framework is still a working tool. but as we finished the framework, we noticed we overlooked the issue of enforcement.

what about enforcement? mining companies insist on volunteerism (corp. social responsibilitiy) but effects still the norm

certfication

regulation

certifcation system for mining
IRMA standards

mine performance verified by independent body

Coumans: Two ways to tackle enforcement: Certification and (to be updated)

modeled on other certification system

Catherine Coumans: the initiative for mining insurance: mining companies are allowed to operate according to the area standard.

mining is nonrenewable, far more toxic

the mine’s performance would be verified and whether or not they conform to the standard (not the company but the products of the mine).

significant difference is that mining is not renewable

regulatory way to put high standards into practice, turning them into law

Coumans: Certification works because people – like jewelers – want to source their resources in a responsible way.

regulatory on putting high standards in making it a law.

bill to place high standards in place for canadian companies

environmental and human rights standards — enforced through tax cuts, grievance mechanism

allow people that the bill support human rights

industry lobby against the canadian bill

Coumans: There was a grievance section where people can give compaint against companies. If valid, Canada can cut all support to that company.

bill lost in final vote (by 6 votes), industry has been spooked ever since

thousand of dollars spend for the bill and lose just by 6 votes

Catherine Coumans: the bill c300 had been passed in canada where people who complain about the mining program can cause the government to close the program.

Coumans: Bill against mining companies lost by six votes; they are spooked by the closeness of it becoming law.

effective immunity
key problems related to multinationals in weak governance zones
-mining is problematic

Coumans: Research highlighted that mining industry is a problematic industry.

a regulatory way to put high standards into practice: using a private members bill that would indicate that if a certain community were harmed by a mining company, then they have the right to sue that company thereby causing the company’s support from the government to be cut off. (effective in Canada)

mining is particularly problematic industry. the root cause lies in the governance gap

root cause of human rights lies in governance gaps

problem is: legal systems are very weak, has impact on how mining companies operate

Coumans: The problem is that if someone in the Philippines is affected by a mining company, what can they do? Legal system is weak, and mining companies know this. They operate differently.

Catherine Coumans: if people in the philpippines are harmed by companies from canada they can not do anything.

no international court of justice, so strengthen host state regulation

We need to strengthen home state regulation

Coumans: Host-states host mining companies, like Philippines is a host-state to Canadian companies.

strengthen home state regulation, have the home state take more responsibility

Coumans: We need to strengthen the home-state regulation. And we need to look at innovative lawsuits.

We need to look at innovative loses

how to hold these companies to account?

problem: “if someone in the Philippines were harmed by mining companies, from Canada for example, what could they do?” we need to strengthen the “host state” (in this case, Philippines) regulations and access to justice.

Coumans: It is difficult to hold companies into account, especially since they are headquartered to places like Canada or US.

example; lawsuit in Marinduque against Barret Gold, biggest mining company in canada
case being heard in nevada

Catherine Coumans: the largest gold mining company has been sued by marinduque

should be held to account in any place where it has significant interest

The case about mining is on going.

precednt-setting case

“we live in a globalized world. a company may have its headquarter in Canada but also have numerous, huge mining holes in different parts of the world.”

Highlight the decision makers, holds great role in the society

encourage local officials, marinduque case led by representative

Catherine Coumans: officials must be the one to start the protest against mining.

cases in canada for human rights, canadian mining companies implicated

Cases in canada, murders and rapes by the Canada mining company

canada is a hostile forum

Coumans: Canadian mining companies are charged for accounts of rape and murder.

Coumans: There’s been quite a deep concern on lawyers. There are cases right now in Canada. So, the empire strikes back but does the emperor have clothes?

most mines are still just going ahead

Catherine Coumans: most mines disregard the laws passed by the government.

Coumans: Most companies are still going ahead, so many mines, many opportunities.

not just communities demonstrating, but also supportive people around the world

There are not just people in the ground and taking position, there should be people supporting them all over the world

an effort by industry to push back on the pressure that theyre feeling

industry turning to canadian gov’t

Coumans: There are people, not just communities, but also there are lots of people supporting them like you and I and I think the industry is feeling this a bit. What we’re now seeing is an effort to push-on the feeling of being against mining.

there are not just people on the ground, the communities themselves, who are standing their ground and putting a fight against this issue. there are also those like you and i all over the globe who are taking a stand.

Catherine Coumans: in Canada, the industry is actually turning to the Canadian Government for help

Coumans: WE need help. What’s happening is the Canadian government, is trying to convey a message of mining’s effects.

industry trying to message mining in a different way

in canada, the people say to the government “we are in trouble” “we need help” the government tries to give a message to the mining company

we’re all trying to figure out how to send the message concerning mining, but in a different way.

industyr claiming to be force for good in human rights bec. of development

Catherine Coumans: Human Rights impacts being tackled by the industry by stressing local development

 

the industry is tackling the issue head-on, but the industry is needing the support of the government.

Coumans: Companies have yet to making their claims true, so gov’t co-fund CSR (Corporate Social Responsibility) projects of mining companies.

official development assistance now used to pay for CSRs!

Canada government is giving funds to the mining activities

canadian gov’t supporting mining companies by using tax dollars

the point here is not so much on who’s paying, but the point is that the Canadian government is making its way to fund these mining activities.

Coumans: Taxpayers pay for these CSR projects, so they are helping mining companies.

Coumans: Mining companies are supported by governments because of the corporate social responsibility, stressing local development

Coumans: Sometimes, one has to say that “The emperor has no clothes.”

the emperor has no clothes

“the emperor has no clothes. Maraming Salamat sa inyong lahat.” – Coumans

ready for open forum

The Open forum is going to start

The open forum has been announced to begin in a while.

Judge: Impressed by presentation, by people of Marinduque

Q: transformative justice institute: attended forum on mining sponsored by foundation for environment
-waht findings from marinduqe?

First inquirer: Tell us where your finding were in this regard.

Transformative Justice Institution: In an earlier conference on mining, Marinduque locals complained of how their local resources were ruined by mining. Could the speaker tell us her findings as to the developments of these resources?

I should tell you that Marinduque changed my life. Dumping day by day. Can they do this in Canada?

Marinduque changed my life. went to the place in 1988. initial interest in liberation theology. didn’t care about the issue. then went to see the tailings.

pipes dumping day and night

will they be allowed to do this in canada?

what they were doing in the phils would have been illegeal in canada

Coumans: Marinduque Changed my life. What Canadian mining companies were doing there would have been illegal in Canada

always people in the river
both of those rivers are now changed forever
now toxic

Both of those rivers, once crystal clear and vibrant with people, are changed forever. They are now highly toxic.

boac river now highly toxic becuase of spill

Marinduque changed my life. I loved the place and and I loved the scenery and I saw how that island was progressively destroyed.

put an open pit mine in center of mountain, with no place to put your waste, no wonder those disasters happen

Now that I know more about mining, it doesn’t become surprising anymore. You build a big company, build shoddy dams, they are disasters waiting to happen.

I saw how that island was progressively destroyed. Those disasters were just waiting to happen as soon as the mining came into the picture. – Coumans

gravity rainfall are going to play a huge role in waste

Judge: Marinduque had beautiful waters… the marinduques have made a research about mining, what are the reults?

Catherine Coumans: i saw how the island was progressively destroyed by mining. you put a mine in a place where there’s no place to put your waste, destruction is anticipated.

in marinduque the waste and structures are still in place

There are still a lot of waste on those crumbling structures… even if the company has already left.

Coumans illustrates how the threat and the danger is far from over.

moalboal river structure very dangerous
island is no better in terms of development

Coumans: With what mining entails, it’s no wonder disasters happen. Even if companies say times have changed and methods have been improved, the reality of mining’s danger remains. The waste of past mining ventures are still lingering. The mining companies may be gone, but the danger is still there in the area

One structure is found to be so dangerous, so full of waste, that a single storm could cost a lot of lives.

Coumans: Mines are getting better, and there are more waste. The threat and the danger in Marinduque is seen in it’s structures even though the mining company’s gone. The mining companies are gone and the island is in still no better shape.

fr. archie from scotland

Scotman: Mine does not only result in the extracion of materials, but also necessitates the removal and destruction of non-material resources, like water. We need to get the help of the country authorities to protect them. This is translated as social responsibility.

mineral operations cannot be conducted without affecting the land, air, and water
mining not only extraction but use and removal of nonmineral resources such as water, timber, protection from police and military
translates into public costs
Paul Krugman: “activities that socialize the cost and privatize the benefits”

Second inquirer: Mining does not also result in the extraction of minerals. It results to destruction to non-mineral resources. All of these translate to public cause. Could you call it a prime reformation? Thank you.

Coumans: Minerals belongs to all Filipinos, yet companies come over and take it from them. They even impose costs, and nothing is done to stop this.

Fr Archie from Scotland: mining canot be done without affecting the environment of the site. it not only result in the extraction of minerals, but the destruction of natural resources like the water. There is a need to empower the local authorities, the AFP, the Police. This entails more public spending. Can the speaker comment on how this spending might be necessary considering mining privatizes the wealth in mining?

privatization of public wealth
mining company comes, privatizes that wealth and imposes costs
far too little is done in estimating what those costs are

tried cost/benefit analysis in canada (jobs, royalties)
mines are subsidized

*what are the costs of abandoned mines?*

natural capital costs need to be part of the equation

Coumans: What about abandoned mines? No one is looking at the cost while a mining operation is going on.

lost opportunity costs have to be counted

Coumans: Not only privatizes the wealth but also imposes cost. How much did Canada actually get back from these mining things? Ho much did it cost us? Mining is actually subsidized. No one is looking at the costs of what is polluted and affected while the mine is going on. Other resources need to be considered in the equation. Opportunity costs have to minded.

Father from Scotland: …mining is seemed as activities that socialized the cost and privatized the benefits. could you comment

Catherine Coumans: mining is a public costs. Mining gives jobs and taxes but no one is looking at the cost. the natural capital should be counted.

Coumans: What could have this environment provided to future generations if mining operation did not exist there?

canada, 10,000 abandoned mines

Coumans: national capital lost to privatization in mining must be considered

what are the financial liabilities to the entire country?

how much did Canada actually get from these mining activities? in particular though, what we looked at, were that no one was looking at the after effects of these mines. the natural capital costs should be counted. we’re not just looking at what’s been going on while the mines are operating. we must look at what the costs are going to be to look after abandoned  mines.

taxpayer liability: -B, for cleanup, just for federal, not counting the local gov’ts

Coumans: 4 billion and counting, on taxpayer liability, to clean-up toxic wastes from these lands, just from federal land, smallest type of land in Canada.

canada is large and wealthy, but what about the philippines? where land is at a premium?

lost opportunity cost?

Coumans: capital lost is not only caused by the mining itself, but by the loss of natural resources as an effect of mining

Catherine Coumans: @Scotsman land is premium in the Philippines. Mining is toxic.

Coumans: Costs include capital costs, lost opportunity costs, maintenance costs.

no one is calculating these costs (worthwhile research to undertake)

Coumans: Land in the Philippines is very critical which mining greatly affects. There is a big opportunity cost when mining in the Philippines because people are using these lands for food and for other concerns.

ICMM (International Council of Mines and Minerals)

alyansa tigil mina

do many of the int’l campaigners have status or indication regarding no-go zones? are industry sincere?

are the no-go zones part of IRMA

Third inquirer: Do we have a status as to where this conversation is going?

No-go zones – are the companies serious in following these?

JD Gardiniera (?): ICNM started marketing sustainable mining. Do any of the international researchers of mining see if the mining companies sincere in their promises?

Q: do any of the national campaigners have any indication as to where this conversation on mining is going?

mining causes environmental disasters

they argue using partners, example IDCN(?)

issue of no-go zones still alive

IRMA still in process

hammering out the standard for no-go zones

Coumans: I don’t think these no-go zones have been lineated. Standards are still being set, an issue is still going on.

people working on standards

Coumans: mining companies are interesting: they argue that they are sustainable with complicated arguments. But they don’t do it alone, they usually do it with partners. They usually put forward no-go zones and standards to promise more sustainability. The question is how to reinforce all this.

Coumans: Interestingly enough, it all boils down on how you enforce these.

Some guy: do any of the international campaigners and research groups have any status where the conversation (no go zone) is going to.

Catherine Coumans: no go zones are not lineated. people are working on standards.

in 90′s it was sustainability
now it is human rights and social impact

Catherine Coumans:  @some guy: mining in the 90′s was sustainable, now they are about human rights and abuse.

social image problem
“we’re bringing development!”
large development NGOs partnering with mining companies

Coumans: Mining has a social image problem too, and mining companies are taking it head on again by promising development. NGOs are being used as partners in this line of argument

Coumans: Mining companies have a new problem: Social image problem. This is why they try to solve it by associating with NGOs so that they look good and show that these companies are being helpful.

Boris from Ghent University: protecting livelihood

4th question: In how does small-scale mining play a role?

big mining companies point to small scale miners

small scale mining is also detrimental
competition

Coumans: Big mining companies are quaint to say that they are not the big problem. it’s those small-scale miners and their dumping of wastes that are detrimental to human health. They have no idea how mercury can affect a person.

Coumans: Big mining companies blame small scale mining. There is no doubt about that, but it may well be just competition going on.

Coumans: Small-scale mining is no different from big-scale mining. Small-scale mining also has a huge effect on the environment.

association for responsible mining trying to come up with certification system for small scale mining to make it less impact to environment

Coumans: The’res no doubt that small-scale mining is a huge issue. It poses a huge environmental impact as well as a detrimental health risk to the ones doing the mining  (though they are not aware of these health risks).

Boris: does small scale mining give issues?

Catherine Coumans: individual health is risky to the person itself(e.g mercury).

Coumans: They decided to try to make a certification, enforce practices on small-scale mining so that it is less destructive and more helpful to people.

fair-mined gold

Coumans: practices, standards and certification measures are being developed to help make small scale mining healthier.

community gets to access the wealth and access it in sustainable way

Human Rights Watch: research on impact of mining to women?

Carlos from human rights watch: has there been any specific research on mining concerning women…?

Carlos from human rights watch: is there research on mining’s impact on women and their rights?

Carlos from human rights watch: Does mining have any specific research that has to do with women and their rights in this field?

every large scale mine has winners and losers
winners – those already powerful
losers – marginalized, the poor, women

Coumans: There are winners and losers in a mining situation. The winners are the companies with the power.

Coumans: women, like all marginalized communities, feel the social impact of mining

framework for responsible mining – whole section on mining and impact on women

World Bank looking at mining and women
gender impact assessment

There are also gender impact assessments on this.

Coumans: there is a lot of research on the social impacts on mining. there’s a lot of world trends right now on gender impacts of mining.

Carlos from human rights watch: is their research on the impact of mining to women. and basic need factors.

Catherine Coumans: women tend to bear the grunt large scale mining. it’s not just civil society that is concerned about this but more. it’s certainly on the radar.

Coumans: There is a trend now on ‘gender impact assessment’ and shows how mining impacts women.

question from Fr. Ray Sy: what can fearful people do?

Raymond Sy: What can the people, who are fearful, do?

Q: What can the people who are fearful do?

Coumans: This is where it gets tricky.

Fr. raymond Sy: what can the people who are fearful (of the dangers of mining) do?

Coumans: local officials play an important role in both allowing mining to happen and in preventing it

tricky
when big mining companies come in
look at who are the decision makers, who do we need to please?
they go to people who have authority
huge pressure and bribes by mining companies
carrot and stick approach

Coumans: There will be a carrot and a stick to their (government authorties) face, made by mining companies.

Coumans: local politicians are in a dilemma

someone not here: what can the people who are fearful do?

Catherine Coumans: look for the decision makers or people who have authorities. these people may receive huge pressure and bribes.

Coumans: We have to give sympathy to the government officials due to the huge amount of pressure, but we have to give fire to their feet.

The people that they can go to are the authority which poses a huge pressure on the mining industries.

Catherine Coumans: you people have the right to say no to mining. you have to make your stand.

as citizens have the right and obligation to stand up
back up local officials if they are going up against mining companies
have to be there to promote and protect that official

Coumans: the citizens have an obligation to stand up and support their local officials to say no to mining. Officials need back up

Catherine Coumans: you need to let your official know that you are supporting him.

Coumans: When you say to that official to say no to mining and the official agrees, you have to back them up. You can’t just leave them. We have to support them.

local government officials and people in power are loaded with huge, huge pressure and bribes. as citizens, you have the right and the obligation to stand up. if you have an official that stands up against mining, you must protect and continue to support that official so that he/she knows he/she is not alone.

ComVal Province: problem is small-scale mining, can be just as disruptive, because of numbers
catchphrase : “we are doing responsible mining”

some details? technology? processes?

Fred Maglana (?): small scale mining is biggest problem in our area, they can be just as destructive as large scale ining. Can the speaker give us specific things that can be given to small scale mining, technology, education, to make it safer?

Coumans: I totally agree with you, large-scale mining going large-scale, or small-scale going medium-scale, can be destructive.

Coumans: small scale mining in a large scale can be unbelievably destructive. Please see the website of ARM to see how to make small scale mining more sustainable and safer

Ted Montano: can you give us more specifics on responsible mining? (small scale mining in numerous number is like large scale mining)

Catherine Coumans: refer to ARM. they have standards for small scale mining.

 

ARM – organization that spent 10 years to develop standards on small-scale mining… to the point that they can actually certify the products.

small scale mining on a large scale, sometimes crosses the line from small scale to large scale

go to web site for ARM – standards for small scale mining
sustainable and socially friendly way
can certify the process

not many small scale miners receiving certification

I have to say, right now, there are not many small-scale mining that have certification.

Coumans: I have to say that right now, there are not that many small-scale mining operation getting certification. It is difficult for it to get that status of being environmentally beneficial.

Coumans: still very few certified small scale mining enterprises, but we’re still on the experimental stage on this

Center for Environmental Concerns: can you share how int’l efforts are addressing these challenges by mining ops globally?

I am Ces Quimpo. Can you give us a share on how international efforts are addressing this? How are they going about?

Q: can you give us how international efforts are made by challenging global mining operations’ promises of social development?

Ces: can you give us or share more to us what the international efforts are to mining.

Coumans: There is no international regulatory system and there is no international court to address this to.

Coumans: there is no international regulatory commission to address mining issues. the home countries of multinationals should be addressing this. Same man who said the idea was asked to make guidelines, changed his stand to more voluntary tips (a let down!)

gaps in weak governance zones
there is no int’l regulatory system to which we can appeal
no int’l criminal court that we can take these cases to
so where can we go?

to the home countries of these multinational
need to play a role in regulating their companies

however, turnaround: now back to voluntary responsibility

He was supposed to build a set of guidelines based on the issues, but he let us down. He backed out, one could jokingly said that he pulled the rug under us. Still, he did push the veil.

Coumans: home countries of mining companies have to hold their companies into account

bill c300 in canada
more things happening in the states
Dougt(?)-Frank(?) bill

also in european union

Coumans: We have to really make those home countries (Canada, US, UK) hold those mining companies into account.

Coumans: good news – there is a movement for this in the US, Europe, Australia

Catherine Coumans: @Ces: organizations are a big help for Parliamentarians to see the need.

anonymous: reaction to the bill proposed by Cong. Ungab to declare davao as mining free zone?

unidentified: bill declared to make davao a  no mining zone. will you support

Catherine Coumans: if i am invited then yes.

Q: Are you going to support for the motion that Davao be declared as a mining-free zone?

Coumans: if I’m invited to! Puerto Princesa did this, maybe there’s a competition between PP and Davao!

working out for Puerto Princesa

Coumans: The key thing in Puerto Princesa is that if we turn this to a no-mining zone, we would be happy: booming tourism, economy, people will say “It’s a beautiful place, we should go there”, so it works pretty well for them.

“if we don’t mine, what are we going to use for computers and cell phones?”

“ability of philippines to regulate”

With a new administration looking for transparency, what can you say about the ability of the Philippines to monitor companies, considering that developing companies are not known to handle well in mining regulation?

Coumans: I think that many of them believe that “If it can’t be grown, it must be mined.”

Hoe can we certify mines? Why are you bothered with that? Let’s just get over mining all-together. We can’t do that overnight.

Coumans: Companies would say: What can’t be grown has been mined.

efel: what can we get if we don’t mine?

 

Catherine Coumans: mine companies say, if you can’t grow it, you can mine it. we need metals from mining and that’s why we need to look at standards. there are better places on earth where mining can be done.

Coumans: We need to look at standards. There are places on Earth, not great, but more appropriate, for mining. Most companies would just choose where the richest places are.

Coumans: the “if we can’t be grown it needs to be mined” is why mining is difficult to do away with altogether. we still rely on mining (gold mining is useless though). There are places that are more appropriate to mine than others (topographical, climate specifics)

mining companies say: “if it can’t be grown it must be mined”

can’t change overnight

recycling

gold is irresponsible, not used for industry, mostly for jewelry

some places are more appropriate to mine
-places that have already been mined
-climates which are more appropriate (deserts)
-which places are appropriate?

reducing use of metals, and recycling

Coumans: where mining is done is important to look at. No-go zones must be respected. Gold mining is highly destructive, it should be targeted for ban.

Coumans: There are places where mining is appropriate. There are areas where you can mine. Where can you put a mine? e need to look at reduced use of metals. And again, gold mining is a tough one to sell. Gold-mining is highly destructive and that should be our first target type of mining to prevent.

There are places in the world more appropriate to be mined, not better, but more appropriate. Certainly those that have already been mined. Some regulated deserts, etc are appropriate to be mined. Certainly we need to look at reduced use of metals. And again, gold mining? highly destructive. that is one of the types of mining that needs to be banned.

75 to 90 percent of mined gold is jewelry
highly destructuve

There should be global utilization… sustainable consumption of minerals.

I feel there should also be a move on looking at global mineral use before talking about responsible mineral extraction. How much minerals do we need? Like gold, which should be stopped. How much minerals do we need for sustainable use?

Q: responsible mining isn’t all that’s needed, also a global responsibility in mineral utility. Is there a movement for this? are there initiatives that look at how much minerals are sustainable and are needed?

“how much do we need and how to extract responsibly?”

no clear research being done right now

Q: are there discussions that talk about how much minerals do we need for regular consumption globally? how do we extract these responsibly? (e.g. aluminum)

Coumans: I don’t know what to substitute with which. I don’t know if anyone has done a global analysis on that.

need and demand are two different things

Coumans: It’s less of what we need, but more for what is the demand. That’s what companies will tell you. Need and demand are two different things.

Romel: much of the interventions on mining is set on mineral extraction. are there initiatives on how much minerals we need and how to extract them responsibly.

 

Catherine Coumans: i don’t know if there is  a research like that.

Need and demand are two different things. You’are not asking about the demand. You’re asking about the need.

Coumans: I don’t know if there are global movements and initiatives to look at how much actual need there is for minerals. The industry only says the “demand,” need and demand are different.

how are you going to regulte need?

Coumans: “Okay, so we have enough to sustain us. How are we going to globally regulate that?”

Coumans: the industry would say: here’s what the demand is. but demand is different from need. i don’t know if there’s a study concerning the need.

Lopez: Stockholders do not know what is happening to the people out there, they have no idea. All they care is how theirs stocks are going to down.

Q: is there any way countries can lobby legislation to compel companies to put into corporate meetings the voice of locals?

bernie lopez, domcumentarist for NGOs: the stockholders do not know what happens to the poeple out there. they don’t know that they are killing people out there.

“stockholders have no idea what the effects are. bring tribal chieftains to the stockholders meetings.”

bring people from communities to canada, get a share for the company so they can go to the shareholder’s meeting, speak directly to the board

shareholders just looking bored and annoyed when confronted

Coumans: I can barely keep it together. All the shareholders in one room, with their suits, all looking bored. It kills me.

Coumans: It’s important for them to have power, to speak against the board of directors.

people need to speak to shareholders, but need to be realistic as to how many people we can sway

Coumans: share holders don’t care about the local people. Yes, people need to be heard. But we have to be realistic. it won’t work

Coumans: We have to be realistic. A lot of these investors will ask in the shareholder meetings, “Why are you not going to these countries?” instead of “What are you doing to those people?”

Coumans: stockholders are informed about some issues. but they seem uninterested. A lot of people who invest on these companies only care about the rise of their projected income.

ComVal province: Everything there is so expense. It’s a mountainous area, there should be lots of vegetables but the vegetables are so expensive.

I-SPEAR: “life in comval province”

“prices in comval so expensive”

“even vegetableas are expensive”

“wives persuading husbands to take dangerous jobs.”

“what altetrnatives?

Wives convince their husbands to take dangerous drugs, because the longer they stay on those mines, the money they will earn.

Isphere (?): everything in ComVal is expensive. wives are convincing their husbands to take drugs that they may last in mines longer. What can you say about this?

mining affects economy at local and national level

at local level, distorts the economy

all prices in the market go up

Q: everything in comval is so expensive. even if it is in a mountainous area. it so economically imbalanced, even the wives are pushing their husbands to go into mining to be able to earn more for the family. how do we get these people to say no to mining?

most people, however, nbot working in the mines….

people not working in mines find that they can’t afford the staple goods.

Coumans: prices in the area are higher because they can afford it, because of the development brought by mining. this puts pressure on locals to work in mining.

losers and winners,

winners — those already strong in the community

communities become very divided

before mines come in, communities are united

but once permits have been granted, you see a shift

“we’re going to lose our water, our land; what can we get out this situation?”

Coumans: when mining has been approved, the locals who fought the operation have a change of heart and begin wanting the mine to continue

Coumans: Once the permits have been granted, it’s impossible to push the companies away, people start to shift. They lose the values, the will for them to fight for. They start to support the companies, even work for them.

How can we initiate a coalition for free-mining mentality?

Becky Gonzales: “Phils has historically been mined blah blah blah

how can we initiate a coalition?”

Ms. Gonzales from AdDU: How can we promote a no mining mentality?

becky gonzales, ADDU instructor: How can we initiate a coalition to imbibe the anti-mining policy?

Coumans: corporations are modern day armadas. they are sent to exploit other countries.

modern day colonial ships are multinational corporations

reaping the wealth, modern day ships bringing the goods back are highly protected

plenty of organizations worldwide that want to work with organizations in the phils.

provincial board member of zambo del norte: discussing legal case in zamboanga

“given phil. mining act, can an LGU prosper in court?”

Provincial Board member of Zamboanga del Norte: A resolution was passed against open-pit mining. However, it was considered unconstitutional and illegal because of the Philippine Mining Act of 1995.

Cedric Adriatico, Board member Zamboanga del Norte: an ordinance in Zambo passed an ordinance to ban open pit mining, but provincial board vetoed it, calling unconstitutional. Can NGOs do something to combat the fact that the constitution does not explicitly ban open pit mining?

Cedric Adriatico: Given the Phil. Mining Act of 1995, can the LGU prosper in its fight in the national court?

Coumans: though it is the job of courts to clear conflicts in law, the voice of the people will play a significant role in backing up governments.

Phils. grants power to LGUs to protect their environment

mining cos. say that there’s conflict in national and local: make up your minds they say

case involves TDI

courts are supposed to uphold the law, voice of the people is important

role of civil society to step into the debate

Coumans: Filipinos should stand up for their rights.

another provincial board member from zambo del norte: supplementing earlier asker

before unsure: “what is open pit? what is open cut?” until saw for himself

Another provincial board member from Zamboanga del Norte: It appears that the concern of the government, particularly environmentally-concerned ones, are over-protective of miners.

“DENR is protective of open pit mining”

“how can we bring back a forest?”

“Mines and Geosciences Bureau — more or less 216 hectares covered by mining claims”

There is no provision in Phil. Mining Act of 1995 that prohibits open pit and surface mining.

Open pit mining is not defined in our law.

Coumans: TDI in Canatuan (?) played a huge role in canada

Coumans: 2 people in a subanon community came to Canada, persuaded a Canadian MP, and started legislation against mining in the Canadian parliament.

Coumans: we wouldn’t have bill c300 if it weren’t for the two people which included a representative from TDI in Canatuan. Their testimony was so compelling that it issued a movement in Canada.

Coumans: these visits can be very powerful, especially when done in solidarity.

Forum is ending with one more question.

Butch from CEAP: at the end of the day, the people in power are not moved. What drives you every morning to wake up and continue your advocacy?

Q: at the end of the day, the people who are in power are not moved. what drives you each day to still go forth ?

Coumans: Once you are confronted with a reality that is so brutal and wrong on every level, you don’t have much choice but figure out what you can do about it. The problem might not end in your lifetime, but doing what you can is enough.

Coumans: A whole of us is here for just a short time… but if we know of these injustices and that we know we have something that we can do, then we should do it. Try to be a force for good for the day, speak forth the power and the truth…

Coumans: I think once you are confronted with a reality that is so brutal in its effect and so wrong and unjust in every level. you have no choice really but to go and try to do something about it. you try to put your little piece in that mix of solidarity. but you know, all of us here will only last for a short while. what are you going to do with your lives?

Coumans: We all know this is wrong. We all know this has to change.

none of us are alone in this.

Forum has ended.

draw inspiration from civil rights movement, took a long time but it changed

draw inspiration from people in the room who came here

Speaker tells people to pause for a while before lunch.

Lunch has begun. Conference will resume at 1pm.

Lunch period has ended. Conference will begin shortly.

Hon. Elisea Gozun is introduced.

Hon. Elisea Gozun will start the afternoon session.