IPs, Scientists, Rights Groups Slam SC Reversal on Mining Act
Call for a pro-people mineral policy

The recent Supreme Court ruling favoring the entry of transnational mining in the country was welcomed by a barrage of protests from Cordillera, the mountain region in northern Philippines noted for its mining industry.

By Lyn V. Ramo
Northern Dispatch
Posted by Bulatlat

BAGUIO CITY — Cordillera-based organizations concerned with indigenous peoples’ rights have expressed concern over the Dec. 1 Supreme Court (SC) decision reversing its earlier ruling on the constitutionality of the Mining Act of 1995.

Expressing their dismay and alarm in separate statements over the SC ruling were the Cordillera Peoples Alliance (CPA), the Cordillera Human Rights Organization (CHRO), the Save the Abra River Movement (STARM) and the Baguio-based international indigenous peoples’ resource center, Tebtebba Foundation.

The CPA described the ruling as “a mockery of the people’s control over the patrimony and a clear violation of the indigenous peoples’ right to their land and resources.” 

Acting on the case filed by Cotabato-based organization La Bugal, the SC ruled that Financial and Technical Assistance Agreement (FTAA) in the Mining Act is constitutional.  It earlier ruled in January against the application of Western Mining Company – Philippines and had it reviewed when the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR), including other groups, appealed.

With a vote of 10:4 and one abstention, the high tribunal reversed its Jan. 29 decision against the constitutionality of the FTAA.

SC decision is anti-people

Joan Carling, CPA chairperson, said the SC decision sealed the unresolved issues in favor of corporate mining, despite the valid and legitimate concerns aired by communities, activists, environmentalists and other groups. 

“This is a big drawback in the struggle against corporate take-over of the people’s resources,” Carling said of the decision.

The SC decision dangerously opened the gate for a total control of foreign investors and corporations, not only over the mineral resources but also the country’s entire natural resources, she said.  

Engr. Catalino L. Corpuz of Tebtebba, on the other hand, said “Larger interests are at play, thus indigenous peoples (IPs) no longer have any option but active defense to protect their basic rights.” He added that the reversed SC decision is a big blow not only to IPs but also to the Filipino people.

Randy Kinaud, lawyer of Save the Abra River Movement (STARM) and spokesperson of the Cordillera Human Rights Organization (CHRO) was not surprised when the SC declared that the FTAA is legal.

“The Constitution still recognizes the Regalian Doctrine which states that all minerals belong to the State, be it in private or public land,” Kinaud explained.  SC relies heavily on the Constitution for its decisions and the State has the supreme power to dispose of these State-owned resources to anyone it deems necessary. 

Kinaud said the question is not whether the ruling is unconstitutional.  Instead, the issue should be a question whether such decision is beneficial to the people or not. 

“Why should we give vast lands to foreign investors when it is detrimental to the life and livelihoods of the people?” Kinaud asks. 

“Supreme” disaster

Calling it a supreme disaster and betrayal against the Filipino people, the Promotion of Church People’s Response (PCPR) in Manila called for the junking of the SC decision since it favors foreign mining corporations.  

PCPR said that “giving fresh license for unhampered mining and logging operations of foreign corporations in the Philippines is tantamount to sacrificing even more lives”.

Similarly, the Samahang Nagtataguyod ng Agham at Teknolohiya (Agham, a group of scientists and technologists) deplored the foreign plunder of the country’s natural resources.  Speaking for Agham, Dr. Giovanni Tappang said that large-scale plunder of our natural resources result in areas susceptible to environmental imbalance. 

Tapang also said that the decision paves way for the surrender of our sovereignty to foreign interests. 

The National Council of Churches in the Philippines (NCCP) is also dismayed over the SC ruling.  In a statement, the NCCP said that SC has “finally succumbed to the pressures of the President and foreign business interests at the expense of the Filipino people.” Nordis / Posted by Bulatlat

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