Ramming
Through
Macapagal-Arroyo’s
New Minerals Policy spells doom – environment groups
After
failing to enact a controversial National Minerals Policy (NMP) due to
widespread opposition by environmental groups and mining-affected communities,
the government changed tact. Out of the blue, it issued last week Executive
Order 270 which it says aims to promulgate a Minerals Action Plan within 90 days
to revitalize the mining industry. But NGOs and people’s organizations opposed
to the NMP see this as a “ramming through” of the NMP and a violation of
Philippine sovereignty.
BY
ELY MANALANSAN
Bulatlat.com
While
Mines and Geo-Sciences Bureau (MGB) Undersecretary Demetriou Ignacio was telling
a small informal gathering of “civil society” groups that Malacañang will
shortly issue a new executive order to revitalize the mining industry, on the
same day last Jan. 16, President Gloria Macapagal Arroyo signed Executive Order
270.
Billed
as an act declaring as a national policy the revitalization of the mining
industry, E.O. 270 outlines the government’s policy thrusts on mining.
Macapagal-Arroyo last year declared a policy shift from tolerance to active
promotion of mining.
As
a state policy, E.O. 270 calls for the promotion of mining and measures toward
bearing in mind the “sensitivities” of Filipino culture and Philippine
sovereignty. The order likewise seeks to implement Republic Act 7942 or the
Philippine Mining Act of 1995, a much-criticized law that gives foreigners the
right of 100 percent ownership to mineral lands for 25 years, subject only to a
minimum investment of P50 million.
Questions
on the constitutionality of R.A. 7942 are currently pending before the Supreme
Court. The law contradicts constitutional restrictions that bar foreigners from
owning land in the Philippines and limit foreign equity in any commercial or
business interests in the country to 40 percent.
Macapagal-Arroyo’s
new E.O. directs government agencies, led by the Department of Environment and
Natural Resources (DENR), to formulate a Minerals Action Plan (MAP) within 90
days. The MAP shall have the following policy guidelines:
·
Recognition
of the critical role of investments in mining;
·
Institution
of environmental safeguards on mining;
·
Promotion
of small scale mining;
·
Social
equity concerns in mining communities;
·
Remediation
and rehabilitation of abandoned mines as top priority; and
·
Promotion
of “value-adding” for the development of downstream industries
NMP
shelved
Ignacio
admitted earlier the rough sailing of the National Minerals Plan (NMP) because
of “diametrically opposed” views by industry players, on the one hand, and
environmental and mining-affected groups, on the other.
The
government failed to get a consensus thus the shelving of the NMP. The
government failed even to get the endorsement of civil society groups under the
Philippine Council for Sustainable Development (PCSD), a government body.
Ignacio
said that to solve the impasse, the government, through the DENR, took the
initiative to find “areas of convergence” between the disparate
stakeholders. Thus, during the National Minerals Conference sponsored by the
DENR and the World Bank last Dec. 3-4 at the Holiday Inn Galleria in Ortigas,
Pasig City, he said, while there was no formal agreement taken by participants
from the mining industry and members of civil society,
the DENR said there are certain areas where the two protagonists were
saying the same things.
What
they did, Ignacio said, was to bring these common concerns of the stakeholders.
And the result, he added, is a draft executive order that the president signed.
Betrayal
Groups
opposing the NMP hailed what happened as a “tactical victory” for the people
who, while not opposed to mining per se, would want certain changes.
However,
some groups, while not surprised over the government’s action are crying foul
with the declaration of E.O. 270.
Center
for Environmental Concern-Philippines (CEC) Executive Director Frances Quimpo,
in a statement urging other NGOs and mining-affected peoples to reject E.O. 270,
called the government’s action as “a clear betrayal of the national
interest.”
Kalikasan-People’s
Network for the Environment (Kalikasan-PNE) also criticized E.O. 270 for
promoting R.A. 7942 which it said belies the order’s declaration that it
supposedly respects Philippine sovereignty.
“How
can E.O. 270 claim to respect Philippine sovereignty when it is anchored on R.A.
7942 that is disrespectful of Philippine sovereignty and the Philippine
Constitution,” says Kalikasan-PNE national coordinator Clemente Bautista.
Quimpo,
on the other hand, found it akin to “back stabbing” that even while the
government is supposedly engaged in consulting the people on the NMP, it issued
E.O. 270 that in effect also puts in place the NMP.
Quimpo’s
criticism is shared by Bong Corpuz of Tebtebba Foundation who also finds the
president’s declaration of E.O. 270 “deceitful.” In an e-mail to
Kalikasan-PNE which Bautista shared to Bulatlat.com,
Corpuz disclosed that the contents of E.O. 270 are similar to what the DENR
asked civil society groups present during the December conference to fill out,
supposedly to get the stakeholders’ views on several issues regarding the NMP.
It
would appear that the president’s new executive order on mining is beginning
to re-inflame sore spots among the various stakeholders on mining.
Expectedly,
the government and mining industry big-wigs want to cash in on an encouraging
rise in world mineral prices, particularly gold and copper, which has reportedly
increased to more than $400 and $100 per ounce, respectively.
On
the other hand, environmental NGOs and mining-affected people’s organizations
are likewise after developing and harnessing the country’s rich mineral
resources for the country’s development. But not at the expense of the people,
their environment, and worse, only to benefit the few local mining barons and
mining transnational corporations. Bulatlat.com
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