Official Blog

Anti-mining groups like the PANALIPDAN-Southern Mindanao Region calls for the scrapping of the Republic Act 7942 or the Philippine Mining Act of 1995 during a protest rally in San Pedro Street in Davao City. Mindanews photo by Toto Lozano

Calls for urgent promulgation of a new law

Philippine-Misereor Partnership, a national network of around 300 civil society organizations from all over the country laments that the optimism of its members and mining-affected partner communities around the country towards the much anticipated issuance the E.O had been crushed.

Copy of the signed EO which was circulated to the network’s 15 regional clusters for review and discussions has elicited a common feedback. “The new E.O. which cloaks itself with the intention to reform the mining sector and to ensure environmental protection and responsible utilization of mineral resources is but the start of the long drive for a favourable environment for mining investments “ said Paul Paraguya, PMPI Co –Convenor for Mindanao and PMPI CABUSTAM Regional Cluster Point Person.

While the network affirms the EO’s provisions to ensure environmental protection such as expanding the no-go zones to include prime- agricultural lands, tourism development areas and other critical areas and island ecosystems among others, PMPI maintains that these provisions would be rendered useless as the EO is generally confined to the policy framework of RA 7942 or the Mining Act of 1995 which perpetuates mining as an engine for economic growth.

Fr. Edwin Gariguez, Executive Secretary of the National Secretariat for Social Action and PMPI Co-Convenor who had recently won the Goldman Environmental Award said that the overriding framework for reform as claimed by EO 79 seemed to put primacy on the need for effective revenue increase and profit sharing. “Everything else that follows sinks in as mere consuelo de bobo.” Fr. Gariguez quipped.

According to Atty. Mario Maderazo, Advocacy and Legal Officer of PMPI Anti-mining Campaign, the government’s responsible mining policy direction towards improving the normative behaviour of both government and business on transparency and accountability is right on track with its provisions on competitive bidding for awards of mining contract, review of mining contracts, its intention to join EITI and the development of downstream industry among others. Unceasingly harping on the responsible mining slogan is another thing though and has yet to be proven as the actual conduct of mining corporations spanning years of operations present a glaring spectre which is the exact opposite.

“The existing mining contracts which are deemed valid and binding, under the new mining policy will be subjected to review process according to E.O 79. Although it does not preclude the affected communities to seek remedies under existing laws, there is no parallel mechanism provided for victims of mining-related corporate abuses and complaints for violation of environmental laws, boundary conflicts between mining tenements and government-issued tenurial instruments and even the consent process of the IPs among others. The conflict resolution mechanism provided by RA 7942 is not even sufficient and are not appropriate not to mention the capacity and political will of the regulatory agency such as the MGB to handle and address such conflicts” Atty. Maderazo further added .

Numerous member organizations of PMPI have expressed concern over the new mining policy’s inadvertent failure to include conflict affected areas as closed to mining as consistently and formally laid down in various forums and consultations for the crafting of the executive policy.

Roldan Gonzalez, PMPI DOPIM (Dipolog-Iligan-Pagadian-Marawi) Cluster Point Person expressed dismay over the EO’s deliberate exclusion of the civil society participation and involvement in the Mining Industry Coordinating Council or the MICC, a crucial policy and implementing body detailed in the EO and which relegated civil society sector to a mere stakeholder to be consulted and dialogued with.

“The new EO is the very example of how the views and experiences of the grassroots constituency as represented by the CSOs have been brushed aside if not trashed altogether. We could hardly resonate with the many provisions of the EO. It is business as usual” said Gonzalez.

Members of the PMPI-DOPIM Cluster has pointed out that more than 40% of the region’s total land area mostly consisting of IPs ancestral domains, critical watersheds and agricultural lands are covered by various mining permits. They explained that out of the 21 critical watersheds as identified by the DENR and local communities, only one was proclaimed by the government as a watershed. The rest are within the areas of mining permits granted by the DENR despite strong resistance by the communities. “The EO which only declared proclaimed watersheds as one of the No go zones in effect offers no protection for watersheds defined and identified by communities and stakeholders. Clearly, it only goes to show where the priorities of this government are in our case” mused Gualberto Lagro, Coordinator of the Social Action Ministry of the Prelature of Ipil and one of the convenors of the 2BIG Campaign.

Marilou Llavan, Panay Cluster Point person and the current Chairperson of the PMPI said that Malacanang is quick to deflect criticisms on the new mining policy when it said that it cannot please everyone. “We can only agree. The current EO has only pleased the mining investors and corporations, the parties to the mining contracts that the government has entered into through the various FTAAs, MPSAs already in effect. It is the mining-affected communities that have been rendered invisible under the new mining policy” Llavan stated.

Meanwhile, Rene Pamplona of the Social Action Marbel, whose organization is the designated secretariat of the Dioceses of Kidapawan, Marbel and Digos (KIDMADI) to address its environment concerns and the Tampakan mining issue, bewailed the EO’s subliminal warning to the local government units that passed resolutions declaring moratoriums on mining and adopted a ban on open pit method such as South Cotabato province. “The EO is a bullying policy and legitimizes the political intimidations that the provincial government of South Cotabato have been subjected into” Pamplona said.


“The emergence of this new EO only strengthens our resolve to call for the repeal of the Mining Act of 1995 and the urgent promulgation of the Philippine Mineral Resources Act of 2012 or the Alternative Minerals Management Bill (AMMB)” said Yolanda Esguerra, PMPI National Coordinator. “While we take cognizance of PNoy’s bold attempt to come up with an executive policy on mining and in taking time to consult various stakeholders to craft one that in his opinion will most appropriately address contentious issues, we cannot help but become cynical with the outcome of the EO and thus be adamant to renew our call to stamp out for good the current law on mining. AMMB is needed now more than ever” Esguerra added.

“We call on PNoy to become real steward of Filipino people and its bountiful and beautiful resources. A true leader and steward wont sell-out its flock in favour of silver and gold. Money, revenue and profit are not the end and be all of development” Sr. Cres Lucero, SFIC, PMPI Co-convenor for Luzon concluded.

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Philippine Misereor Partnership, Inc. (PMPI) is a network of around 300 civil society organizations spread across the Philippines and MISEREOR, a germany-based development organization of the German Catholic Church. The network's members composed of non-government organizations, people's organizations, Church-based and church-related organizations are engaged in the advocacy of various development issues and development project implementation in partnership with the communities in the most marginalized and poor areas all over the country.