MINDOREÑOS CALL FOR ATIENZA’S OUSTER OVER ‘RAILROADED’ MINING CLEARANCE




By Madonna Virola
Inquirer Southern Luzon
First Posted 17:10:00 10/31/2009

CALAPAN CITY, Philippines—(UPDATE 2) About 5,000 demonstrators carrying mock coffins marched through downtown Calapan City to protest Environment Secretary Lito Atienza’s “railroaded” issuance of an environmental clearance to a Norwegian mining project on Mindoro island.

Priests came in their cassock Friday bearing “No to Mining” placards as local executives, including Oriental Mindoro Governor Arnan Panaligan, joined students, professionals and farmers in condemning the Department of Environment and Natural Resources (DENR) for issuing the environmental compliance certificate (ECC) to Intex Resources Corp on October 14.

"The mock funeral is symbolic of the people of Mindoro's contempt for the seemingly comatose process by which the DENR railroaded the issuance of the ECC," said Father Edwin Gariguez, spokesman of the multisectoral Alyansa Laban sa Mina (Alamin, Alliance Against Mining).

One of the coffins bore the name and photo of Atienza.

Gariguez said Atienza issued the ECC “despite the lack of ‘social license’ from the local governments.”

Both the provinces of Oriental and Occidental have separately issued a moratorium on large-scale mining on the island.

The project, which covers 11,216.6 hectares, is expected to produce 100 to 120 million tons of ore over a period of 15 to 20 years. Mindoro’s nickel laterite deposit is believed to be one of the biggest in the world.

Four towns will be covered by the project—Victoria, Pola and Socorro in Oriental Mindoro and Sablayan in Occidental Mindoro.

The national anti-mining network Alyansa Tigil Mina (ATM, Alliance to Stop Mining) called for Atienza’s ouster, saying the former Manila mayor committed “dreadful acts” in giving the go-ahead signal for the project.

“The approval and issuance of the ECC is premature and short of procedural and substantial requirements particularly on the Environmental Impact Assessment (EIA) process, considering that the Review Committee has not come up with its recommendation when Secretary Atienza issued the ECC,” said ATM national coordinator Jaybee Garganera.

“Secretary Atienza should be ousted for his dreadful acts. It is horrific and ironic for a DENR secretary to consistently favor big mining companies over the conservation and preservation of environment, which provides benefits the Filipino people more rather than mining,” said Garganera.

Coffins marked with the Intex logo and photos of Atienza were paraded during the march.

Gariguez said Atienza “railroaded” issued the ECC on October 14 as a large part of Metro Manila was submerged in floodwaters spawned by tropical storm Ondoy (international codename: Ketsana).

"These calamities should have prompted Secretary Atienza to think twice before granting the ECC to Intex, considering that Mindoro is an island province with very fragile ecosystems," said Gariguez.

The DENR has allowed Intex to extract nickel ore even in areas identified as a critical watershed of the Mag-asawang Tubig and Bucayao River systems, he added. Gariguez said the mining project encroaches on the largest source of irrigation water for the 40,000 hectares of rice lands in Calapan City, and the towns of Naujan, Baco and Victoria.

Sablayan, meanwhile, is one of the major rice- and corn-producing areas in Occidental Mindoro and any major mining operations would greatly affect the agriculture production and endanger social economic conditions in the area, he said. The town’s 22 villages and its Sangguniang Bayan have separately issued resolutions opposing the project.

Mindoro is considered as Metro Manila’s food basket.

But Intex spokesperson lawyer Ben delos Reyes said that the protesters failed to present their arguments against the project during public hearings. "I promise to look into their concerns," he said.

Intex had said it would spend as much as $2.9 billion to put up a high-pressure acid leach facility within the site of its Mindoro nickel mine.

The company’s plant would be built in two stages: the first will process limonite ore and the second, the saprolite resource, Intex president and CEO Erlend T. Grimstad said last year.

Grimstad said the capacity of the processing plant during the first stage would run up to about 40,000 tons of nickel and 3,000 tons of cobalt a year. At Stage 2, the facility would produce another 40,000 tons of nickel and an additional 700 tons of cobalt a year, he said.

 

DEATH FOR INTEX RESOURCES, OUST DENR SECRETARY ATIENZA, SAVE MINDORO!





CALAPAN CITY – Around five thousand (5,000) Mindorenos from different sectors staged a mock funeral procession for Intex Resources and Secretary Joselito Atieza of the Department of Environment and Natural Resources (DENR) to protest against the ill-omened issuance of the Environmental Compliance Certificate (ECC) of Intex Mindoro Nickel Project.

Coffins marked with INTEX logo and photos of DENR Secretary Atienza, were paraded in the procession coinciding with the traditional celebration of All Souls’ Day. The event signified the grave dismay of civil society organizations including the Catholic Church together with the local government, led by Governor Arnan Panaligan, Congressman Alfonso Umali, Jr., Mayor Alfredo Ortega Jr. of Victoria, Mayor Doy Leachon of Calapan, together with the Members of the Sangguniang Panlalawigan ang Sanggunian Bayan of Victoria, and other prominent political leaders of the province.

Priests came in their cassock bearing anti-mining placards. Bishop Warlito I. Cajandig also delivered his message during the program, challenging the people to hold on to their faith and to strengthen their ranks against those who are using money as bait to accept mining. Fr. Edu Gariguez of Alyansa Laban sa Mina (ALAMIN) slammed DENR Secretary Atienza because he railroaded the issuance of ECC on October 14, 2009 during the massive flooding incidents, which recently happened in Marikina, Antipolo, Rizal and Northern Luzon. These calamities should have prompted Secretary Atienza to think twice before granting the ECC to INTEX considering that Mindoro is an Island Province, with very fragile ecosystems.”

“The ECC gave the green light to Intex Resources to proceed with the implementation of the mining operations in the municipalities of Victoria, Oriental Mindoro and Sablayan, Occidental Mindoro despite the lack of ‘social license’ from the local governments”, added Gariguez.

“Sangguniang Panlalawigan (SP) Resolution No. 719-2009, dated October 26, 2009, denounced in clear terms the issuance of ECC by the DENR to Intex Resources, for it directly violates the Provincial Ordinance imposing a 25-year moratorium in the province of Oriental Mindoro, and the ECC was issued in complete disregard of the opposition of most numbers of local government units, the church and the civil society groups, both in Oriental and Occidental Mindoro”, said Gariguez.

According to Alyansa Tigil Mina (ATM) national coordinator Jaybee Garganera, the issuance of ECC is deemed highly irregular and patently questionable because according the SP Resolution: “the approval and issuance of the ECC is premature and short of procedural and substantial requirements particularly on the Environmental Impact Assessment (EIA) process, considering that the Review Committee has not come up with its recommendation when Secretary Atienza issued the ECC.”

“Secretary Atienza shoud be ousted for his dreadful acts! It is horrific and ironic for a DENR secretary to consistently favor big mining companies over the conservation and preservation of environment, which provides benefits the Filipino people more rather than mining,” exclaimed Garganera.

The ECC granted allows for the extraction of nickel ore covering 11, 216 hectares of mining tenement, a big part of which is identified as critical watershed catchment of Mag-asawang Tubig and Bucayao River systems, as affirmed by the recently concluded Norwegian Agency Development Corporation (NORAD) study. House Resolution No. 25 states that the mining site encroaches on the largest source of irrigation water for the 40,000 hectares of rice lands in Calapan City, and the towns of Naujan, Baco and Victoria, Oriental Mindoro.

“The province of Oriental Mindoro, which is ranked third as the province that produces the most food in the country, and known as the food basket of the southern Luzon region is threatened by Intex Resources’ attempt to open up a nickel mine despite local opposition. The proposed mine site is located within a critical watershed area that provides the irrigation for 70% of the provinces vital rice fields and fruit plantations. Thus, the INTEX ECC should be revoked!” concluded Garganera

In Occidental Mindoro, the Municipality of Sablayan is one of the major rice- and corn-producing areas in the province and any major mining operations would greatly affect the agriculture production and endanger social economic conditions in the area. Sablayan’s 22 barangays and its Sangguniang Bayan are opposed to mining operations expressed through their respective resolutions and through a municipal mining moratorium ordinance.

For more information:
Fr. Edwin A. Gariguez, ALAMIN, (0919) 8005595, edugariguez@gmail.com
Jaybee Garganera, ATM Coordinator, (0915) 315.37.19/ Roslyn Arayata, ATM Policy Officer (0917) 521.7937

 

INTEX RESOURCES’ ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) ISSUED BY DENR SECRETARY ATIENZA, DEFECTIVE AND HIGHLY IRREGULAR!


Intex Resources triumphantly brags in its website that the Environmental Clearance Certificate (ECC) was issued to them by Department of Environment and Natural Resources (DENR) Secretary Joselito Atienza. Erlend Grimstad, CEO of Intex Resources ASA, claims that by having the ECC, “one of the most important milestones for this project has now been achieved.”

The ECC approved by the DENR on October 14, 2009, came amidst the catastrophic flooding and man-made disasters caused by wanton destruction of the environment. And instead of coming to rescue our fragile ecology, the DENR shamelessly pursued the national policy agenda of the Arroyo government to promote mining industry, with utter disregard to the risks posed by the destruction of Mindoro’s critical watershed through the risky large-scale, strip mining operation of Intex Resources ASA.

Governor Arnan Panaligan believes that “The ECC was granted in gross disregard to the strong and categorical opposition of the leaders and people of Mindoro to the nickel mining project. The DENR, in granting the ECC, placed the long term safety of the fragile environment of Mindoro Island in serious danger. Apparently, the DENR has not learned from recent environmental disasters.”

Approved House (Congress) Resolution No. 25, clearly asserts that “the Mindoro Nickel Project of lntex Resources and Aglubang Mining, covers one of the province's watershed areas as duly declared and identified in the Oriental Mindoro Provincial Physical Framework Plan. The mining exploration site encroaches on the Mag-asawang Tubig Watershed, the largest source of irrigation water for the 40,000 hectares of rice lands in Calapan City, and the towns of Naujan, Baco and Victoria, Oriental Mindoro.”

One of the most objectionable issues in the EIA study is that the flood-prone Barangays in the municipalities of Victoria, Naujan and around the city of Calapan, are not included in consideration of impact areas. This is one of the reasons why the ECC should not have been issued!

For several other reasons, the issuance of ECC is deemed highly irregular and patently questionable because the EIA study conducted for the Mindoro Nickel Project (MNP) did not pass the technical scrutiny of the EIA Review Committee, which refused to give definitive endorsement for the project. However, Secretary Atienza, in complete disregard for the scientists and experts’ evaluation, unilaterally approved the ECC!

As of this writing, the Chairman of the EIA Review Committee for MNP is contemplating on resigning on all his EIA Review engagement labeling the practice as a sham.

Intex Resources, privy to the decision of EIA Review Committee, should instead be ashamed of an ECC obtained spuriously without passing the standard of credible scientific approval. But Intex Resources did not report this information and it again fails to be transparent in disclosing the negative facts about the project by constantly projecting half-truths and contentious claims.

The timing of the ECC issuance is also of particular concern and is considered highly irregular. It comes at precisely the time when an investigation of a complaint before the Organization for Economic Cooperation and Development (OECD) Norwegian National Contact Point in relation to Intex's project is about to commence, with a fact finding by the Norwegian Ambassador to Mindoro scheduled soon.

A critical report of prior fact finding trip conducted by the Ambassador in 2007 concluded that ‘The majority of the population on the island of Mindoro is against mining...[They] fear first and foremost destruction of their “watershed” area/flooding/destroyed agricultural land/negative impact on fishing as a result of toxic waste . . .What does seem clear, is that Crew Minerals (now Intex) may have substantial difficulty obtaining an ECC - because of the massive local resistance, not least the resistance in the Mangyan peopleʼs NCIP-registered organizations.'

The issuance of the ECC is an outright insult to the people of Mindoro who have continually expressed their vehement and overwhelming opposition to the project as articulated in the Mining Moratorium of Oriental Mindoro and Municipality of Sablayan, in volumes of Sangguniang Bayan Resolutions, Position Papers of sectoral and civil society organizations, indigenous peoples, farmers, fisherfolks and the Church.

Governor Josephine Ramirez-Sato of Occidental Mindoro expressed her total disappointment for the national government’s imposition of pro-mining policy even when it runs contrary to the genuine development thrust of the province: “isang malakas na sampal ito sa autonomy ng lokal na pamahalaan na siyang tunay na nagmamalasakit sa kasasapitan ng ating mga kababayang magiging biktima ng kapahamakan!”

Similarly, Vice Governor Estella Aceron of Oriental Mindoro, is not only mad but infuriated for the ECC issued by the DENR Secretary to Intex Resources, despite the vehement opposition of the people. In a statement published in her blog, she questioned the motive behind questionable ECC issuance: “. . . It is really UNBELIEVABLE! . . . What’s happening??? Is it because he (Secretary Atienza) is running again in 2010 and he needs all the support from mining companies?”

The people of Mindoro are enraged by the brazen act of betrayal of the public trust, the transgression of our local autonomy and the manner by which our fragile island ecology is sacrificed for profit of the transnational mining companies and their local cohorts.

 

IMPORTANT INVITATION - TO SAVE MINDORO ISLAND AND OUR THREATENED ECOSYSTEMS


The people of Mindoro are furious with the DENR’s approval of Environmental Compliance Certificate (ECC) for the operation of the Mindoro Nickel Project by Intex Resources.

To express our protest, from November 17 onwards, volunteer-campaigners mostly from Alyansa Laban sa Mina (ALAMIN) will hold a HUNGER STRIKE AND FASTING, in front of the DENR Building in Visayas Avenue, Quezon City.

There are already 25 persons who are determined to fast or not to take anything except water, while holding a peaceful vigil in front of the DENR to manifest the protest of the people of Mindoro against the questionable and spurious approval of ECC to Intex Resources by the DENR.

The said hunger strike is planned to be held for indefinite number of days until the ECC is reconsidered and revoked by DENR Secretary Atienza.

On the first day of the vigil (November 17), the 25 hunger strikers will be joined by representatives from the local government units both from Occidental and Oriental Mindoro. The presence and participation of the following local government officials are expected but still to be confirmed, namely: Governor Arnan Panaligan (Oriental), Governor Josephine Ramirez-Sato (Occidental), Vice Governor Estella Aceron (Oriental), Vice Governor Mario Gene Mendiola (Occidental), The Municipal Government of Victoria led by Mayor Alfredo Ortega and Vice Mayor Luis Castillet, the Municipal Government of Sablayan led by Mayor Godofredo Mintu and Vice Mayor Eduardo Gadiano, and other LGU officials.

On the second day of the vigil (November 18), the 25 fasters will be joined by the representatives from the Church, the Apostolic Vicariate of Calapan led by Bishop Warlito Cajandig and the Apostolic Vicariate of San Jose. The attendance of the two bishops is still to be confirmed. But priest and sisters from the two Vicariates have expressed their willingness to join the vigil and peaceful prayer protest. Seminarians too from stakeholder provinces will join the second day vigil. Bishop Broderick Pabillo of the CBCP-NASSA will be invited to celebrate the Eucharist for the group.

On the 3rd and 4th day of the vigil (November 19 and 20), the 25 hunger strikers will be joined by representatives of peasant group coming from Mindoro and other parts of the region to express their solidarity being one of the primary sectors that will be affected by the mining project. The national peasant federation of PAKISAMA is to be invited, along with other organized peasant groups.

On the 5th day of vigil (November 21), the 25 hunger strikers will be joined by the civil society organizations led by Alyansa Tigil Mina. Other development, HR and environmental organizations to be invited include: LRC-KsK, Philippine Misereor Partnership (PMP), PANLIPI, Ateneo Human Rights Center, ULAN, Haribon, among others. Fr. Robert Reyes will be invited to lead the prayer vigil and to do a “Takbo Alay Para sa Kalikasan” along with other campaign activities.

The succeeding program of activities for the vigil and participation of other solidarity groups/sectors days will be arranged in coordination with Alyansa Tigil Mina (ATM) and other Manila-based NGOs.

Please join us in this campaign to save our environment!

For more details, please contact:
Fr. Edwin A. Gariguez, ALAMIN/Mangyan Mission
Email address: edugariguez@gmail.com

 

ORIENTAL AND OCCIDENTAL MINDORO FORGED A UNITED STAND TO STOP MINING!


On September 16-17, 2009, at Capitol Square, Calapan City, local government officials and civic society organizations of Oriental and Occidental Mindoro convened for the LGU-CSO (Civil Society Organizations) Forum on Mining Moratorium.

Themed “Isang Mindoro, Isang Paninindigan: Tutulan ang Minahan”, the forum tried to come up with a joint campaign plan to stop the mining operation of Intex Resources and other mining applications by way of enforcing the moratorium ordinances and by advocating for the rights of the stakeholder-communities for healthy environment, food security, and for indigenous Mangyan communities, their right for their ancestral domain. Resource speakers from Legal Rights and Natural Resources Center and PANLIPI were invited to present legal options for the consideration of the two provinces.

The event was hosted by the Provincial Government of Oriental Mindoro, with Governor Arnan C. Panaligan leading the Oriental Mindoro participants. Governor Josephine Ramirez-Sato of Occidental Mindoro also came together with the majority members of the Sangguniang Panlalawigan and other LGU representatives. Both the Apostolic Vicariates of Calapan and San Jose were represented by the parish priests of the mining-affected communities. Bishop Warlito I. Cajandig gave the opening remarks.

Reproduced below is the position paper adopted by the participants of the conference:

WE, the Chief Executives and officials of the local government units, together with the coalitions of Civil Society Organizations, Churches, Indigenous Peoples Federations, Civic and Environmentalist Groups, Peoples’ and Sectoral Organizations and Non-Government Organizations both in Oriental Mindoro and Occidental Mindoro, manifest our vehement objection to the resolute attempts of INTEX RESOURCES to proceed with the operational phase of the mining project, despite our long-standing opposition.

Mindoro is a fragile island ecosystem. The rate of degradation of the forest in the island is alarming. From the 967,400 hectares of forest in the 1950s, the remaining forest cover of Mindoro at present is only about 50,000 hectares. The significant forest loss of 95% contributed to the instability of the environment both in the upland and lowland areas.

But instead of restoring the balance, the forest ecosystems are now even more in danger of being denuded due to the threats posed by more than 92 mining applications all over the island of Mindoro.

The people’s unified stand against the Mindoro Nickel Project and our opposition to the entry of any mining operation in the province were already clearly articulated in the Mining Moratorium Ordinance of Oriental Mindoro and in Resolutions passed by the Municipal Sanggunians of Oriental and Occidental Mindoro.

Since the economic thrusts of the Mindoro island is anchored on food sustainability, eco-tourism and the development of the agri-industry, the entry of mining operations is found to be detrimental to the sustainable development agenda of our island province.

In July of 2001 the Department of Environment and Natural Resources, under the newly-installed government of Her Excellency, Gloria Macapagal-Arroyo, revoked the mining concession on environmental and social impact grounds.

Then DENR Secretary Alvarez explained his decision and that of President Arroyo as being based on the need to protect critical watersheds, to protect the food security of the Mindorenos (local communities), and to respect the social unacceptability of the project. “The Mindoro Nickel Project is one case where sustainability is bound to fail . . . President Arroyo is fully aware of the situation . . . what does it gain the nation to be short sighted and merely think of money, when an irreparable damage to the environment will cost human lives, health and livelihood capacity of our farmers and fisherfolks endangering the food security of our people.”

In the light of the foregoing and of many other issues and socio-environmental threats of mining, the Mindoro Nickel Project had been rejected overwhelmingly by the people of Mindoro and even by all the local government units.

Signed this 16th day of September 2009, at Calapan City, during the MINDORO LGU-CSO CONFERENCE ON MINING MORATORIUM, held at Provincial Capitol Square, Calapan City.

 

ALAMIN'S POSITION PAPER IN SUPPORT OF HOUSE BILL NO. 6342 OR THE ALTERNATIVE MINING BILL


In connection with the Congressional Hearing on House Bill No. 6342 or the Alternative Mining Bill, the ALYANSA LABAN SA MINA (ALAMIN), a coalition of civil society groups and the Church, with the support from our local government units (LGUs) in Oriental Mindoro, hereby submit our statement of support for the bill while at the same time strongly reiterating our call, together with the Catholic Bishops’ Conference of the Philippines (CBCP) to repeal the Mining Act of 1995.

The Mining Act of 1995, which lays down the policy for the government’s near-fanatical campaign to attract foreign investors to invest in the mining industry distorts the goal of genuine development. By single-mindedly pursuing the economic benefits or financial gain, it failed to weigh the greater consideration in the equation - the human and ecosystems well-being, the human rights of the indigenous peoples and the local communities, the food security and ecological integrity of our country.

In pursuing the agenda for globalization, the government was made to serve particular interest – favoring primarily the transnational mining corporations. It is precisely for this reason that the Mining Act of 1995 was hailed by the international Mining Journal as “among the most favourable to mining companies anywhere.”

Admittedly, the Philippine Mining Act of 1995 is essentially crafted to attract foreign investors because with its provisions, the country’s right to sovereignty is relaxed in order to provide palatable incentives to transnational mining investors. Among the attractive features granted under the provisions of the Mining Act are as follow: 100% foreign ownership of mining projects, allowing foreign company to have a concession area of up to 81,000 hectares on shore and 324,000 hectares off shore, 100% repatriation of profit, 5 years tax holiday later extended to eight, and deferred payment are allowed until all cost are recovered, enjoyment of easement rights, and other auxiliary rights in mining concession, mining lease for 25 years, extendable to another 25 years, losses can be carried forward against income tax, among others.

The Mining Act of 1995 was primarily intended to serve foreign interest and not the local communities and it is never meant to legislate equitable sharing of resources, but on the contrary, it guaranteed clear profit margin to mining corporations, while selling our national patrimony for mere pittance share of taxes.

For the affected communities, large-scale mining does not promote authentic development but in fact, poses an imminent threat to their livelihood and the already fragile ecology. It is precisely for this reason that the Catholic Bishops’ Conference of the Philippines categorically calls for the repeal of the Mining Act of 1995 stating that:

We reaffirm our stand for the repeal of the Mining Act of 1995. We believe that the Mining Act destroys life. The right to life of people is inseparable from their right to sources of food and livelihood. Allowing the interests of big mining corporations to prevail over people’s right to these sources amounts to violating their right to life. Furthermore, mining threatens people’s health and environmental safety through the wanton dumping of waste and tailings in rivers and seas.

Our experiences of environmental tragedies and incidents with the mining transnational corporations belie all assurances of sustainable and responsible mining that the Arroyo Administration is claiming. Increasing number of mining affected communities, Christians and non-Christians alike, are subjected to human rights violations and economic deprivations. We see no relief in sight . . . The promised economic benefits of mining by these transnational corporations are outweighed by the dislocation of communities especially among our indigenous brothers and sisters, the risks to health and livelihood and massive environmental damage.

Our situation in Mindoro clearly illustrates the above-given concern. The Mining Act of 1995 clearly confers privileges and incentives to the large-scale mining of transnational companies, while the environmental and social costs are compromised if not at all relegated as the least among the priorities.

Mindoro is a fragile island ecosystem. The rate of degradation of the forest in the island of Mindoro is alarming. From the 967,400 hectares of forest in the 1950s, the remaining forest cover at present is only about 50,000 hectares. The significant forest lost of 95% contributed to the instability of the environment both in the upland and lowland areas.

But instead of restoring the balance, the forest ecosystems are now even more in danger of being denuded due to the threats posed by more than 92 mining applications all over the island of Mindoro.

At a more advanced stage is the Mindoro Nickel Project of Intex Resources and Aglubang Mining Corporation, covering 9,720 hectare-concession. Intex Resources is a subsidiary of a Norwegian Company, Intex ASA. The other local subsidiaries of Intex, namely, Pili Point Corporation (PPC), Alag-ag Mining, Inc. (AMI), Shapa Holding Corporation, have dubious credibility as to their capability to engage in mining and processing of mineral ore, considering that they have no proven track record as required by the law. And it is perceived that the subsidiaries are owned and managed by one and the same company of Intex.

The Mindoro Nickel Project threatens the food security and ecological integrity of Oriental Mindoro since the mining concession covers one of the province’s actual watershed areas as duly declared and identified in its Provincial Physical Framework Plan. The mining site encroaches on the Mag-asawang Tubig Watershed, which is the largest source of irrigation water for the 40,000 hectares collective rice land in the city of Calapan, Municipalities of Naujan, Baco and Victoria, Oriental Mindoro. The threatened municipalities and the City of Calapan have a combined rice production of 169,608 metric tons in 2006, which is 51% of the total provincial production, enough to feed 782,805 people for a year. In 2000, the estimated agricultural productivity of Oriental Mindoro at farm-gate price is PhP 11,414,553,000.000. Assuming that mining will adversely affect only 30% of the total productivity, the total loss of the province would be PhP 4.027 Billion!

Also, the mining concession is within the ancestral domain claim of the Alangan and Tadyawan indigenous Mangyan communities. The mining operation of Intex/Aglubang will result to the displacement of several Mangyan communities. The Mangyan Indigenous Peoples’ organizations of SANAMA and KAMTI, whose CADCs (Certificate of Ancestral Domain Claims) fall within the mining concession, had expressed their written opposition. However, the mining company, in collusion with some officials of the NCIP, organized a new tribal group, the Kabilogan, from whom they maliciously manufactured the document of consent for the mining activities through alleged misinformation and bribery. Instead of establishing social cohesion in order to empower the indigenous peoples to make decisions benefiting them, the very process of obtaining the free, prior and informed consent (FPIC) as prescribed in the Indigenous Rights Act (IPRA), had been deceptively used as a tool to divide the indigenous communities and to diffuse their collective identity in order for the mining companies to easily maneuver their entry.

The present political and economic policies of government, as contained in the Mining Act of 1995, further escalate these threats to indigenous peoples’ rights to land and life.

The Mindoro Nickel Project threatens the extremely rich biodiversity of the province, considered as the 7th most important biogeographic zones in the world. The 2002 Final Report on Philippine Biodiversity Conservation identified Mindoro, particularly the mining site, as extremely high conservation priority areas for plants and birds and terrestrial animals. In terms of importance level, the area belongs to extremely high terrestrial and inland water areas of biological importance.

The people’s unified stand against the Mindoro Nickel Project and their opposition to the entry of any mining operation in the province were clearly articulated in the Ordinance promulgated by the Sangguniang Panlalawigan of Oriental Mindoro on January 28, 2002, declaring a mining moratorium in the province. Since the economic thrusts of the Provincial Government of Oriental Mindoro are anchored on food sustainability, eco-tourism and the development of the agri-industry, the entry of mining operations is found to be detrimental to the sustainable development agenda of the province. Oriental Mindoro’s Provincial Physical Framework Plan specifically rules out the development of mining industry.

Mining under the present circumstances cannot even bring in the needed investment. The overly generous fiscal and non-fiscal incentives being given out by Mining Act of 1995 (including the Omnibus Investments Act, Export Development Act and Special Economic Zone Act of 1995), reduce the tax obligation to minimal cost possible. Even the Bastes Commission reported that Lafayette Mining in Rapu-rapu, Albay was able to reduce its tax obligations by 91%!

On April 6, 2009, Intex Resources was reported to be seeking PEZA perks and status. If this is granted, it will reduce all taxes of a registered company to just 5 percent of the gross earnings. And Mines and Geosciences Bureau’s economics head, Glenn Noble noted that: “This means the national and local government will not receive the rightful taxes they should get from mining operations, including the 12 percent excise tax, community taxes and income taxes.”

In the light of the foregoing and of many other issues and socio-environmental threats of mining, the Mindoro Nickel Project had been rejected overwhelmingly by the people of Mindoro and even by all the local government units.

But the mining company is taking advantage of the government’s policy, as prescribed in the Mining Act of 1995, to actively promote the mining industry by forcing its way in, running roughshod of peoples’ opposition, even violating our local government’s ordinance imposing a mining moratorium for 25 years!

Clearly, in our experience, the Mining Act of 1995 does not provide for effective and adequate mechanisms to protect the ecological integrity and the general welfare of the people, particularly the vulnerable sectors of the affected communities.

We stand united with the proponents of the Alternative Mining Bill that we need policy reform in extraction, development and utilization of our resources. We need to legislate a mining law that will truly protect the rights of the local stakeholder communities and the indigenous peoples, that will provide for a truly equitable sharing of benefits in royalties, that will ensure sustainable protection of the ecosystems as priority consideration, that will empower for genuine exercise of people’s decision-making and meaningful participation in the stewardship of the earth.

As Christians committed to our vision to promote life, justice and equity in an ecologically sustainable and people-oriented communities, we believe that environment should never be sacrificed - that “an economy respectful of the environment will not have the maximization of profit as its only objective, because environmental protection cannot be assured solely on the basis of financial calculations of cost and benefits. The environment is one of those goods that cannot be adequately safeguarded or promoted by market forces.” (John Paul II, Encyclical Letter Centesimus Annus, 40)

Submitted to the House Committee on the Environment for the Congressional Hearing on House Bill No. 6342, this 9th day of September 2009.




FR. EDWIN A. GARIGUEZ
Secretariat-Member
ALYANSA LABAN SA MINA
Oriental Mindoro