01 noviembre, 2013 | Fundación Ideas para la Paz

MANILA, –A civil society network advocating for Environmental, human reforms to help the country adapt to climate change expressed dismay on Tuesday, over the Aquino administration’s push for rights and legal protests coal-fired power plants, and renewed its call on government to merge in Philippines mining tap cleaner and less wasteful sources of energy. Aksyon Klima Pilipinas, in a statement, said it was disappointed Published by MAC on 2013-10-28 with the apparent priority given to coal by government in Source: Statements, Inquirer, Bulatlat, Business Mirror supplying the country’s energy needs. (2013−10−27) “We are dismayed to see the government’s renewable energy Philippines environmental groups have been celebrating a day of plans go to waste in favor of dirty and harmful energy. Our action against coal, promoting arguments for alternatives to the message is simple: Coal will cost us the climate, which in turn construction of coal fired power stations. They expressed will cost all of us our lives and livelihoods,” Voltaire Alferez, disappointment at the Aquino administration’s push for coal-fired national coordinator of Aksyon Klima, said. power plants. “It looks cheaper in the short term compared to renewable

energy, but our lives and our environment are much more costly,” he said.

Aksyon Klima noted that the Renewable Energy Law was passed in 2008, and the government later on followed it up with the National Renewable Energy Plan in 2010 seeking to triple the renewable energy capacity of the country by 2030.

Moreover, Aquino signed in 2011 the National Climate Change Action Plan, which identified sustainable energy as a priority, it said.

“However, Aquino has defended the building of more coal-fired power plants in his last State of the Nation Address by citing the limitations of renewable energy,” the group said.

Residents of coal-affected communities march to Mendiola In addition, the Philippine Development Plan prioritizes coal-fired on 22 October 2013. Source: Danny Pata, GMANews power plants in the next several years of this administration, affirming the president’s SONA pronouncement, it added. Human rights and indigenous support groups commemorated the massacre of anti-mining activist Juvy Capion and her two sons “Renewable energy technologies continue to improve while the (see: Philippines: Tampakan violence claims the lives of tribal costs continue to decrease,” Alferez said. woman and her children[1]), by stressing the lack of progress on “In the meantime, the sea continues to warm and rise, while the murder investigations. typhoons are becoming more frequent and intense because of the The people of Marinduque are still searching for justice after the burning of coal and other fossil fuels. [Mr. Aquino] has more than Marcopper disaster (see articles in Philippines: Realities of enough reasons to invest in renewable energy, but has yet to mining in Nueva Vizcaya laid bare[2]). MAC editor Catherine step up his game,” he said. Coumans laments the “crumbs” Canadian company Barrick Gold Forty-three percent of carbon dioxide emissions from fuel is finally offering the people of Marinduque in compensation, combustion were produced from coal in 2010, compared to 36 having fought legal battles for so long. A group that has fought percent from oil and 20 percent from gas, according to a 2012 for redress is rejecting the reported offer for being too small. publication of the International Energy Agency. In company news, the American corporation St. Augustine is On the other hand, a 2011 United States study estimated that the restructuring itself, with local partner Nadecor, to raise money economic, health-related, environmental, and other impacts of for the King-king copper-gold project, and the Norwegian Intex coal cost the United States a third to over one-half a trillion Resources looks like it may finally have resolved its long running dollars annually. legal battle with local partners Atok-Big Wedge Co. Farmers, fishermen protest coal mines in Semirara, Caluya Finally a lawmaker in Nueva Ecija is filing a bill to join other islands provinces to declare a mining-free zone. Written by Jonathan L. Mayuga Aquino urged to stop pushing coal power plants Business Mirror By DJ Yap 22 October 2013 Philippine Daily Inquirer FARMERS and fishermen on Tuesday expressed alarm over the 22 October 2013 adverse environmental impact of massive extraction of coal in

1 two of the country’s largest coal mines and marked the atmosphere and it is the biggest source of current global green International Day of Action against Coal with massive street house gas emissions. According to the International Energy protests in Antique province. Agency (IEA), 45% or 14.2 gigatonnes of the total 31.6 gigatonnes of global carbon dioxide emissions from fossil-fuel Led by Isalba ang Caluya, some 400 farmers and fishermen combustion in 2011 came from burning of coal. The excessive called on the local officials of Antique to stop the expansion of concentration of greenhouse gases in the atmosphere from the coal mines in the province. historical as well as current emissions is causing global warming The government is looking to Semirara Mining Corp. to supply and climate change. coal for the majority of the 35 new coal fired power plants Coal mining and combustion processes have serious toxic effects planned to start operations in the coming years. on the health of people and the environment. These in turn The group said a landslide in February at Semirara Mining severely weaken resilience and undermine the capacity of people Corp.‘s coal mine left 10 people dead but the tragedy was hardly and communities to deal with the impacts of climate change. reported in the media. Coal mining destroys forests, mountains and watersheds — which They said violations of environmental and labor laws have been has many serious consequences including the exacerbation of flagrant over the years-waste are dumped into the ocean and climate disasters. land grabbing and loss of fishing grounds have been happening 2. There is NO such thing as “Clean Coal.” Coal kills. in the area. “Clean coal” technology — or the use of circulating fluidized bed On the other hand, in Caluya, various stakeholders are now up in combustion system, emit four (4) times more coal ashes arms against the open-pit mining for coal. compared to ordinary coal plants. According to Environmental “Despite more than 30 years of open-pit mining in Caluya, people Protection Agency (EIA) of the US government, the risk of have been afraid to speak out. Today they are breaking their getting cancer is 900 times higher from coal ash exposure silence and are participating, along with 14 other sites across the compared cigarette smoking. Philippines in this Day of Action,” the group said. 3. This is NOT energy for all Resist Coal! RE-Energize All! The Philippine Energy Plan will power a “development” strategy http://climatejustice.ph/campaigns/dirty-energy/28-resist-coal-re- that keeps our economy oriented towards global market demands energize-all[3] instead of our peoples’ needs and keeps our doors open to plunderers of our natural resources. Meantime, majority of our 20 October 2013 people can barely afford the current electricity rates or are not Coal is one of the biggest source of energy for the Philippines as even connected. well as worldwide. And in the last decade it has been the fastest The new coal power plants to be built in SOCSARGEN region in growing global energy source. — the 200 megawatt plant of Conal Holdings and the Coal energy has been actively pushed by transnational proposed 400 megawatts plant of the Alcantara Group — are corporations, international financial institutions, international mainly intended to fulfil the 900 megawatts required by the energy investors, and governments of both developed and Xtrata/Glencore mining project in Tampakan, South Cotabato to developing countries including the Philippines — with the be fully operational. justification that coal is a cheap source of energy and is an 4. This is a BETRAYAL of the Philippine government’s important part of the strategy for ensuring “Energy for All”. In commitment to shift to renewable energy systems and contribute the past decade, especially in light of increasing awareness of to the global effort to address the climate crisis. and resistance to the dirty and harmful nature of coal energy — international financial institutions, energy investors and The Philippine government’s “coal push” will lock-in the country corporations and many governments especially those of coal to dirty and harmful energy and extend Philippine dependence on producing countries are trying to sell the idea of “Clean Coal”. coal for at least the next 2 decades.

In the last 5 years, the Philippine government: We, therefore call on the government to immediately implement a moratorium on all new coal plants and coal mining, pending a Approved the building of 17 new coal plants in addition to national review of energy options with civil society, scientific 15 existing coal plants, and 20 more are proposed. community and affected communities.

Approved 21 new coal mining permits bringing the total Whitewash of Capion massacre a push for plunderers and number of existing coal mining permits to 60 coal mining murderers-Karapatan existing permits Press Statement To all these we say: 22 October 2013 1. Coal is NOT cheap. It comes with a horrifyingly huge cost to “All along, the whitewashing of the massacre of anti-mining people and the environment. activist Juvy Capion and her two sons is the intent of the Armed The excessive burning of coal is a major contributor to the Forces of the Philippines as they compromised the physical historical accumulation of greenhouse gases in the earth’s evidence and crime scene, and desecrated the remains of the

2 victims to justify the massacre and the continuing military Telefax: (+63 2) 4354146 operations against the indigenous people’s defending their Web: http://www.karapatan.org[4] ancestral lands.” Operations of Glencore-Xstrata mining linked to killings of Karapatan, through its secretary general Cristina Palabay issued indigenous people? the statement after the Office of the Provincial Prosecution in By Marya Salamat Digos City, Davao del Sur, in a resolution, found no probable cause against the soldiers led by Lt. Col. Alexis Bravo, Lt. Dante Bulatlat.com Jimenez and 14 other members of the 27th Infantry Battalion- for the murder of Capion and her sons. 21 October 2013

Karapatan said that the Office of the Provincial Prosecutor — “The Aquino administration is lightning fast in disregarded the statements of several witnesses who were at the defending the PDAF (Priority Development Assistance Fund) and site of the massacre shortly after it happened, which are vital DAP (Disbursement Acceleration Program) including his testimonies to establish the liability of the AFP troops. associates implicated in pork scams, but is slothful in pursuing justice for the Capion family and the more than 30 victims of “One of the witnesses even heard the soldiers talk about extra-judicial killings from indigenous tribes during his first three ‘finishing off’ a child who survived the massacre so no witness years.” This is the statement of indigenous group Katribu remains. Witnesses attested how the military cordoned off the Partylist as they marked the first anniversary of Capion massacre area, having sole control over the crime scene and the lifeless late last week. bodies,” Palabay said. With the virtual exoneration of the accused soldiers and Karapatan said the resolution came as “no surprise as the BS paramilitary group in the strafing that killed an unarmed woman Aquino government has been consistent in exonerating and her two children, indigenous peoples groups fear that more perpetrators of human rights violations.” killings could follow in the same area.

“Impunity reigns. The BS Aquino régime has gone berserk in its “Five members of the Capion clan have already been killed. attacks against the lives and livelihood of the people, in favour of Three members of the Freay clan, another B’laan family, are the murderers and plunderers. The Capion massacre showed the latest victims of mining-related killings. The other day, was the extent of protection the government grants plunderers like the second anniversary of the killing of Fr. Pops Tentorio, a SMI-XStrata Corporation, a large-scale mining company. The well-known Italian missionary who dedicated his life to solidarity subsequent dismissal of the case against the perpetrators from with the Lumad people against development aggression,” said the Armed Forces illustrates how lopsided our justice system is Leon Dulce, spokesman of Task Force Justice for Environment in favour of those in power,” she added. Defenders (TF-JED), a support network for environmental advocates’ rights. “This is not the first, and definitely not the last. Cases of extrajudicial killing, enforced disappearances, arbitrary arrest, He questioned President Aquino’s hand in the environment illegal detention and torture continue to increase as the BS department’s granting of Tampakan Project’s environmental Aquino government dash to the finish line of Oplan Bayanihan’s compliance certificate even when it has “this history of violence Phase 1 by year end,” Palabay said. towards environmental advocates and defenders.”

Earlier Karapatan opposed the dropping of charges against Brig. “The respect for human rights should always be part of the Gen. Eduardo Año, Lt. Col. Melquiades Feliciano, Lt. Gen. Romeo environmental impact assessment, and Glencore-Xstrata-SMI has Tolentino, Gen. , Lt. Gen. Alexander Yano clearly failed that assessment,” Dulce said. and Dir. Gen. Avelino Razon Jr. who were charged with arbitrary detention, murder and obstruction of justice on the enforced Up to now, Katribu reports that the paramilitary group Task disappearance of Jonas Burgos. In September, Brig. Gen. Force KITACO (Kiblawan, Tampakan, Colombio) organized by the Eduardo Año was confirmed by the Commission on Appointments Armed Forces of the Philippines still freely roams and sows fear to assume the post as Intelligence chief. among the IPs in the SOCKSARGENDS region (South Cotabato-Sultan Kudarat-Sarangani- City-Davao “Similarly, perpetrators who were already charged in court like del Sur). Task Force KITACO was tagged by witnesses in Davao Gen. Jovito Palparan and the Reyes brothers remain free and del Sur as the perpetrator of the gruesome murders of unarmed unpunished. BS Aquino has no qualms about being repressive leaders of the Blaan tribe. Specifically, they have filed charges and corrupt. And, he does it with his haciendero-style of against Lt. Col. Alexis Bravo, Lt. Dante Jimenez and fourteen arrogance, unmindful of the growing people’s resistance against other members of the Philippine Army, but the local prosecutors his régime. But, history has shown us where his kind ends up,” dismissed it last week supposedly for lack of substance. concluded Palabay. The Task Force-Justice for Environment Defenders (TF-JED) Reference: Cristina “Tinay” Palabay, Secretary General, viewed the case dismissal as a dismissal as well of the peoples’ +63917–3162831 case against the large-scale mining company Angge Santos, Media Liaison, +63918–9790580 Glencore-Xstrata-SMI, which, a congressional probe revealed, has been keeping in its payroll certain local executives and Alliance for the Advancement of People’s Rights members of state security forces. 2nd Flr. Erythrina Bldg., #1 Maaralin corner Matatag Sts., Central District Dismissing the case against the accused murderers of Juvy Diliman, , PHILIPPINES 1101

3 Capion and her sons, Pops and John, “was a ‘go-signal’ for defend their ancestral domain. They said that once the company military and paramilitary groups to continue killing civilians starts full blast operations, thousands of Blaan would be opposed to big mines and other destructive projects,” warned displaced. It said also that SMI is even requiring the people of Dulce. Bong Mal to be relocated, meaning they would be uprooted from their ancestral domain. The apex of recent killings of anti-mining activists under the Aquino government is in the Tampakan Copper-Gold Project Bong Mal (meaning big river) is at the heart of Tampakan involving 10 of the 28 mining-related killings, the TF-JED noted. gold-copper project’s mines development site. It is surrounded by mountains deep into the jungle, estimated to be around 1,300 The Tampakan copper-gold mine aims to start commercial meters above sea level, with its forest feeding the Mal River that operations, but after being delayed three times by massive courses down and feeds in turn the lowland agricultural farms in opposition from local communities, environmental groups and South Cotabato. local governments, its target date has now been pushed back to 2019. The Capions are among families of the B’laan indigenous KALGAD, an organization where Juvy belonged before she was people who are staunchly opposed to the Tampakan mine. killed by soldiers last year, is a community-based organization and not an armed group, the SKIPNet asserted, adding that this “It is deplorable how quickly the court decided to view the group has been joining protest actions in major cities in South evidence of the massacre of the Capion family as ‘insufficient,’ Cotabato and Davao del Sur to voice their opposition to the when the facts clearly implicate the paramilitary group mining activities of Glencore-Xstrata-SMI in their territory. sponsored by Glencore-Xstrata-SMI under the Armed Forces of the Philippines’ Task Force KITACO. A year after the barbaric “The members of the Capion family were gunned down act, justice remains elusive and the threats posed by what will be defenceless, showing the brutality of the state to people whom Asia’s biggest mining project continue ‚” said Dulce of Task they consider as hindrance to their twisted development Force-Justice for Environment Defenders (TF-JED). agenda,” SKIPNet said.

Large miners still hope to continue commercial mining in Kalgad stands for the defence of ancestral domain against Tampakan destructive projects. Indigenous peoples group said its very existence is a way for the Blaan to practice self-determination. The Philippine-based operator of the $5.9-billion Tampakan copper-gold project announced a massive retrenchment of its In a rally in front of the Justice department on the first death workforce two months ago following the takeover of Xstrata by anniversary of Juvy Capion and her two sons, members of IP Glencore. The long-expected merger created the world’s fourth groups and the TF-JED asked Justice Sec. to look largest mining company, the Glencore-Xstrata, at a time when into the matter of ongoing military operations against civilians in the global mining industry is viewed as nearing a downturn (or a mining-torn areas and to hasten the cogs of justice for the Capion standstill, as various analysts differed). family.

Despite the change in the controlling ownership of the biggest TF-JED urged De Lima to institute “protocols on ensuring the mining project in the Philippines, most local big businessmen rights and safety of environmental advocates in conflict-affected have maintained their stake in the Tampakan project. They are sites of development aggression.” They urged the former led by presidential uncle Danding Couangco and tycoons Manuel outspoken Human Rights commissioner to “give up her illusion V. Pangilinan, Henry Sy and the Alcantara family. They that there are no more human rights violations under the Aquino maintained their stakes in the local operator of the project, the régime, beginning with this issue by dismantling all paramilitary Sagittarius Mines, Incorporated (SMI), and adopted a groups which her boss BS Aquino approved to be deployed to wait-and-see attitude. In mainstream media reports, Pangilinan mine sites.” and Ang were both quoted expressing their desire to see the At the same time, the TF-JED urged the justice department to do Tampakan project start its commercial operations. its job in holding accountable those with track records of human But for the mining-affected communities, that future commercial rights violations. (http://bulatlat.com) operation has already proved fatal to residents. Marinduque is ‘pushed to the wall’ “The killing of the Capion family bared the true face of the By Catherine Coumans Armed Forces of the Philippines’ (AFP) Oplan Bayanihan and how they are being used as Investment Defense Forces to protect big Inquirer Opinion investors’ interests. The fact that they can evade court proceedings against them and that they are being tolerated by 16 October 2013 the Department of “InJustice” and other government agencies The island-province of Marinduque has become known as a shows the reign of impunity in many communities in the cautionary tale about the ravages of irresponsible mining. It took countryside. This also shows the utter disregard to indigenous Canadian mining giant Placer Dome a couple of decades to wreak peoples’ rights to their ancestral domain and self determination,” environmental destruction on major coral reefs in Calancan Bay read a statement of an alliance of the religious sector and and to severely contaminate the Mogpog and Boac Rivers with indigenous groups called SKIPNet (Stop the Killings of toxic mine waste-none of which has ever been cleaned up. The Indigenous Peoples Network). ongoing environmental impacts are only part of the story.

The group said the Blaan’s opposition against the mining Fishermen from numerous villages around Calancan Bay lost operations of Glencore-Xstrata-SMI is legitimate and a means to their livelihoods as the bay filled up with more than 200 million

4 tons of mine tailings dumped there between 1975 and 1991. Two For the “crumbs” it is offering Marinduque, Barrick is demanding children died when they were buried in mine waste as a shoddy highly valuable settlement provisions in return to secure the firm dam burst and the Mogpog River was flooded with toxic mine silt permanent legal immunity in this case. One of these, the Inquirer in 1993. The banks of the Boac River still hold tall mounds of reported, is a clause stating that Placer Dome never operated on tailings that were left to continuously pump acid and heavy the island. “That’s something difficult for us to accept. It’s metals into the river after another catastrophic dam failure filled common knowledge that Placer Dome was a managing partner of that river with mine waste in 1996. These contaminated rivers no Marcopper,” Raza was quoted as saying. Recent reports indicate longer support the livelihood and economic activities of nearby that the provincial board has rejected the current settlement villages, as they once did. Placer Dome, which had managed two agreement, described as “onerous.” copper mines in Marinduque, fled the Philippines in 2001, What President Aquino, his adviser on environmental protection leaving the mess behind. Secretary Nereus Acosta, Environment Secretary Ramon Paje, Canada’s Barrick Gold, the world’s largest gold mining company the Department of Environment and Natural Resources, and the that bought out Placer Dome, has spent the better half of a people of Marinduque have to recognize is that if the true costs decade fighting the province in court rather than owning up to of ongoing contamination of the environment and risk to human the company’s responsibility to put things right in Marinduque. health and safety from the legacy of irresponsible mining in Once again, Marinduque is the bellwether-evidence that for all Marinduque are not covered by Barrick, these will ultimately be its rhetoric about “responsible mining,” the mining industry is borne by taxpayers, locally and nationally. Barrick’s still more concerned with its bottom line than in doing what’s unwillingness to shoulder the responsibility of ensuring that the right. environment and people of Marinduque are made secure means that the province’s unfortunate role as the poster child for In spite of a long legal struggle with competent American irresponsible mining, past and present, will surely continue. lawyers, on Sept. 17 Marinduque provincial administrator Eleuterio Raza told the Inquirer that Barrick had offered the Catherine Coumans, PhD, of MiningWatch Canada, lived in province around $20 million, take it or leave it. According to the Marinduque in 1988–1990 and has since returned to it many Inquirer report, “[T]he amount, however, would further be times. She says it was her experience with irresponsible mining reduced to $13.5 million after litigation expenses had been paid. on the island that led her to leave an academic career in favor of ‘These are crumbs,’ said Raza, ‘but we are being pushed to the working with local communities to counter the damaging effects wall.’” It is perfectly clear that this extremely low level of of mining. recovery from Barrick is woefully inadequate to protect the Group rejects offer for mining tragedy health and safety of the people of Marinduque. By Maricar Cinco Numerous independent scientific studies of the ravages of mining on Marinduque, including by the United States Geological Inquirer Southern Luzon Survey, confirm the ongoing toxic impacts of uncontained mine waste and unrehabilitated rivers and coastal areas. Furthermore, 19 October 2013 numerous dams and structures have not been maintained since A church group stood its ground against the indemnity being the mine ceased operations in 1996. Placer Dome’s own offered by a mining company for the damage that resulted from consultants, Canada’s Klohn Crippen, warned in a 2001 report, almost 30 years of mining operations on Marinduque Island. leaked just before Placer Dome fled the Philippines, of “danger to life and property” related to inadequate mine structures holding Negotiations between the provincial government of Marinduque back waste. and Barrick Gold Corp. continued with a $20-million compensation offer on the table, that, if signed, would end an Any recovery from Barrick has to be applied to the immediate almost 10-year legal battle in a US court. stabilization of these dangerous mine structures, rehabilitation of contaminated rivers and coastal areas, and permanent solutions Barrick Gold bought out Marcopper Mining Corp. and its parent for the tons of mine waste still at the defunct mine sites in the company, Placer Dome, after the 1996 mine tailing spill on mountains of Marinduque. What Barrick has reportedly laid on Marinduque’s major river system, now considered the worst the table is woefully inadequate for this task. The cleanup of mining disaster in the Philippines. mine waste in contaminated sites around the world indicates that The Marinduque Council for Environmental Concerns (Macec), rehabilitation on a scale that is required in Marinduque can however, said the proposed settlement should be rejected, “not easily run into hundreds of millions of dollars. Canada’s Teck only because the amount was too small, but because of certain Resources spent $55 million just on studies to prepare for the conditions absolving the company of environmental damages.” rehabilitation of areas it contaminated by dumping 9.97 million tons of slag containing heavy metals into the Columbia River. The “Among those conditions is that the settlement proceeds can cleanup has been estimated to run as high as $1 billion. never be used for the repair and rehabilitation [of the damaged rivers and mining structures] when it was the purpose [of the It’s not that Barrick cannot afford to do the right thing. The lawsuit] in the first place,” Macec executive director Elizabeth mining giant paid its new cochair $17 million in 2012, including Manggol said in a phone interview on Monday. an $11.9-million signing bonus. Barrick’s fine for an environmental breach at a mine that is still under construction in Macec, a multisectoral group under the Diocese of Boac, has Chile came to $16 million, more than Marinduque would been at the forefront of the $100-million lawsuit the Marinduque apparently get for 30 years of environmental damage. government filed against the company in 2005.

5 The Philippines still a hotbed of opposition to Canadian Pacific’s practices to testify about their experiences in Manila. mines, says priest “The executive branch is of no use either,” he said.

By James Munson Despite a large economy and a front-row seat to Pacific trade, the Philippines suffers from a deep perception of corruption, Ipolitics.ca according to Transparency International. Between 2007 and 27 October 2013 2010, 69 per cent of people in a global survey by the group felt corruption had increased in the country. In places like Mindanao, When Canadian politicians began studying in earnest the ethical the country also struggles with militant rebellion and widespread conduct of the extractive sector overseas as a foreign policy poverty. Twenty years of martial law has left the Filipino problem, one of the first countries they looked at was the government with a “militaristic mindset” when it comes to Philippines. dissent, said Reyes.

In 2005, the House of Commons’ Subcommittee on Human Conditions like this don’t make the risky game of resource Rights and International Development held hearings on TVI extraction any easier. Canadian firms like Barrick Gold and TVI Pacific Inc., a Calgary-based firm, and its Canatuan zinc and have been opposed by groups there and their allies in Canada, silver mine on the southern Filipino island of Mindanao. while relatively recent natural gas projects off the western coast The allegations — which included disrespecting indigenous have brought on their own brand of corruption scandals, said rights, damaging the environment and allowing violent Reyes. crackdowns on dissenting locals — were wrapped together with To fix part of the problem, church groups have been asking for a other reports of bad behaviour around the world and then used repeal of the country’s mining act, he said. “It’s good on paper by the government to design a formal policy response, the 2009 but it’s terrible in terms of application.” It offers firms a five-year Corporate Social Responsibility Strategy for the Canadian tax holiday and doesn’t ensure enough financial benefits end up International Extractive Sector. with locals most impacted by mining, he said.

Today that strategy is getting a full-on makeover. The strategy’s “It’s difficult to talk about royalties because it’s unheard of,” said pièce de résistance — a counsellor’s office in Toronto who can Reyes. “In other words, we don’t feel the effects of the royalties. mediate mining conflicts but only if the firm in question agrees to We have a government that is not quite transparent about how participate — is headless as of last week, according to the much it is actually receiving.” Ottawa Citizen. Perhaps not coincidentally, International Trade Minister Ed Fast is conducting a nationwide review of the policy. On this, the Filipino government is moving slowly to reform. In And critics of the strategy are mounting a campaign to replace it May, it was accepted by the Extractive Industries Transparency with something that has more teeth — an ombudsman that can Initiative (EITI) as a candidate country. EITI is a decade-old force companies to respond to complaints. effort to get resource firms and resource-rich countries to disclose all payments between them. In July 2016, the Philippines Meanwhile, in the Philippines, things haven’t gotten much better. will have the first chance to prove it is EITI compliant. But until TVI Pacific told a Postmedia columnist this week that it’s just then, there is no independent assessment of how the country’s escaped an email smear campaign begun by the firm’s opponents corruption issues impact its resource sector. that could have endangered the viability of its projects in Mindanao. Critics of the company’s behaviour are still adamant Institutional failures like these are why Reyes wants Canada to the firm must be investigated. step in. He says Canadian parliamentarians should support the renewed push for an extractive conflict ombudsman, which was Reverend Rex Reyes is one of those critics. The ordained launched this week by the CNCA and Amnesty International. The Anglican priest, an ethnically indigenous man who hails from the first complaint he would bring to Canada would be against TVI mountainous northern part of the country known as the Pacific, which didn’t respond to a request for comment on the Cordilleras where mining has long been a contentious industry, is recent email scam by deadline. The ombudsman’s hearing would the general secretary of the National Council of Churches, which be a chance for both the company and its long-standing critics to represents the country’s non-Roman Catholics. flesh out their differences and find a path forward for the His church alliance, like the Roman Catholic bishops, has come Canadian mining business, which has suffered repeated attempts out against massive resource extraction in the Philippines. Reyes to have its behaviour regulated by politicians in Ottawa since the says the way the country currently manages its resources 2009 strategy was released. overwhelms indigenous people who live near mines, doesn’t But the job would be tough. First, extractive conflicts are adequately protect the environment and doesn’t allow for complex. They involve multiple layers of law and plenty of royalties to be enjoyed by the average person. allegations that would need to be deeply researched to be Moreover, if marginalized groups in the Philippines try to file a proven. They also feature numerous disagreements on what the complaint against a company’s actions using Filipino institutions, law should be. For instance, Canada and the Philippines are it will more than likely languish for eternity, he said. signatories to the United Nations Declaration on the Rights of Indigenous Peoples, which includes the right of free, prior and “Our justice system leaves a lot to be desired,” said Reyes, informed consent (FPIC) over projects impacting their territories. during an interview this week in the Ottawa offices of the And while Reyes said his country has failed to uphold the FPIC Canadian Network on Corporate Accountability (CNCA). Reyes’ principle, it isn’t accepted as law by federal government lawyers ecumenical group has long brought alleged victims of TVI here either. An ombudsman would have their work cut for them.

6 Yet Reyes’ power as a witness to unethical practices, along with Violago’s bill directs Department of Environment and Natural the many others who visit Canada every year to advocate for a Resources to promulgate the necessary rules and regulations. stronger foreign policy mechanism to regulate the extractive US mining company soon to list in PSE business, is what he uses now to push for the ombudsman office to one day become real. By Ben O. Tesiorna

Aside from Reyes, Canadian supporters also brought two Sun Star Guatemalan women impacted by Canadian mining operations to Ottawa and Nova Scotia, as well a human rights representative 17 October 2013 from Mexico, this week. AN AMERICAN mining firm investing in a multi-billion dollar “I can understand the cynicism of some Canadians,” he said, mining project in Pantukan, Compostela will soon be listing in when talking about why citizens here should consider the the Philippine Stock Exchange after a restructuring by its behaviour of Canadian firms a Canadian problem and not a Filipino partners. Filipino one. “But you are talking to survivors. What other Clyde Gillespie, country manager of St. Augustine Gold and evidence and facts do you need than the story of these people?” Copper Limited (SAGCL), announced on Monday the “If you honestly believe that we are not telling the truth, the only restructuring of King-King Gold and Copper Project (KGCP) in recourse for us is to politely invite you to our places and we’ll Pantukan together with their Filipino partner Nationwide feed you and we’ll house you, just so you’ll have a sense of what Development Corporation (Nadecor). we’re talking about,” he said. The KGCP restructuring will result in St. Augustine holding 100 New bill would declare Nueva Ecija a mining-free zone percent interest in the joint venture milling company (milling co) as well as assuming full responsibility for organizing the By Philippine News Agency financing for the project.

19 October 2013 The structure of the joint venture mining company (mining co) will remain the same as agreed originally between the parties, MANILA, Philippines — A lawmaker from Nueva Ecija has filed a with Nadecor owning 60 percent and St. Augustine owning 40 bill that would declare the province a mining-free zone. percent of mining co, in accordance with the nationality Representative Joseph Violago of the second district said House requirements under Philippine law. Bill 2816 bans all mining operations in the entire province and The relationship between mining co and milling co will remain as punishes violators with jail sentences of up to 12 years and fines originally planned, with mining co selling ore to milling co in of up to P500,000. pursuant to an ore sales agreement. Violago cited the need to protect Nueva Ecija’s rich heritage: its Milling co would process the ore and subsequently sell it to role in the nation’s struggle for independence from colonizers; its interested buyers. reputation as the country’s rice granary, “Milk Capital of the Philippines,” and one of the top producers of onions, garlic, The restructuring will also result in Nadecor shareholders mango, calamansi and vegetables; its educational and research owning 39.96 percent of St. Augustine. institutions; and many tourism spots and events. Nadecor and St. Augustine’s boards have both voted in favor of “It is a giant waiting to be crowned as the next industrial, the restructuring. St. Augustine’s strategic Philippine partner, investments and transport hub in Central and Northern Luzon Queensberry Mining and Development Corp. (Queensberry), has because of its sterling human resources, vast land resources and also signed the restructuring documents and expressed full its strategic location and proximity to Clark, Pampanga and support to it. Queensberry owns 18 percent of St. Augustine’s. Manila,” he said. The closing of the restructuring is subject to certain approvals “Amidst its increasing role in the country’s economic growth and and other conditions, including approval from the Toronto Stock food security, it is necessary to declare the entire province a Exchange where St. Augustine is listed. mining-free zone,” he stressed. Certain aspects of the proposed restructuring will be subject to “It is the policy of the State to protect and advance the right of corporate approvals by both companies. the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature,” Violago said. Ian Gibbs of the Bromius Capital, St. Augustine’s financial consultant to the project, said the restructuring is one of the While acknowledging that rich mineral deposits like copper and conditions imposed by possible future investors to the project. It manganese are also found in Nueva Ecija, especially in General is anticipated that the cross listing would be completed in the Tinio, Carranglan and Pantabangan municipalities, Violago said: second half of 2014. “Sadly, stories that the hills and mountains of Carranglan and Palayan City produce gold, have lured many unscrupulous and Just last month, SAGCL and Nadecor officials announced the irresponsible miners in the province with their operations results of the Preliminary Feasibility Study (PFS) on the KCGP threatening to destroy more of the province’s natural resources, which showed that the planned operation has favorable economic its two big watersheds, the land’s fertility and the integrity of its potential, generating an estimated pre-tax net present value of forests, wildlife, rivers, streams and ricefields.” $2 billion and an estimated pre-tax internal rate of return of 24.8 percent.

7 The mining partners said the result of the PFS confirm that 24 October 2013 KCGP is an attractive project with robust economics that will MANILA, Philippines — Mining firm Atok-Big Wedge Co. Inc. bring significant value to their shareholders and partners and the announced it has finalized its agreement with Norwegian firm Philippines. Intex Resources AS to terminate their case against each other St. Augustine restructures Philippines’ $2 bln copper-gold pending before the Makati Regional Trial Court. project In a disclosure to the Philippine Stock Exchange released on Reuters Thursday, October 24, Atok said it has “finalized and completed its agreement with Intex…to amicably settle the dispute 14 October 2013 regarding the Mindoro Nickel Project.” Toronto-listed St Augustine Gold & Copper Ltd has restructured Reaching an “agreement in principle” last September 10, the two its stake in the $2 billion King-king copper-gold project in firms stated they are no longer suing each other over a botched southern Philippines, one of Southeast Asia’s biggest sale agreement involving Intex’s nickel mining project. undeveloped mines, in a bid to kickstart funding. Three years ago, the Norwegian firm, through its parent firm St Augustine hopes to begin construction next year, although it Intex Resources ASA’s CEO Erlend Grimstad, offered the 100% faces similar problems to those hounding other big mining sale of its equity of the nickel mine sitting in a 9,720-hectare ventures in the mineral resources-rich country, including tax property in Mindoro island. issues, security concerns and regulatory hurdles. Atok, the mining arm of the group led by Filipino billionaire King-king, located on the west of the southern Mindanao island, Roberto Ongpin, wanted to purchase Intex’s entire equity worth could produce up to 3.2 billion pounds of copper, 5.4 million at least $10 million. ounces of gold, and 11.7 million ounces of silver, based on St Augustine’s 22-year mine plan. There was a failure to arrive at a sale agreement, as Grimstad’s lawyers allegedly refused to send Atok the final drafts Under the restructure with 50/50 joint venture partner the memorandum on Grimstad’s instructions to renege any contract Philippines’ Nationwide Development Corp (Nadecor), St. involving the project. This triggered the filing of civil cases. Augustine will own King-king’s ore milling company and 40 percent of the mining concession. Nadecor will hold the rest of A September 9, 2013 decision of the Court of Appeals ruled in the concession and take a 40 percent stake in St. Augustine. favor of Intex.

“This restructuring agreement puts St Augustine and Nadecor in Following the appellate court ruling, both firms agreed “to the position to advance the King-king project,” St. Augustine cooperate on a framework where after the appropriate studies country manager Clyde Gillespie told a briefing, saying St and once all regulatory approvals are obtained, Atok will either Augustine would take take responsibility for raising funding. operate the Mindoro Nickel Project itself or find another operator who will operate the project.” St Augustine, which has a market capitalisation of $98.5 million, aims to list on the Philippine Stock Exchange by the second half Atok, however, had said in a statement that their September 10 of 2014 and bring in another foreign partner to help fund the agreement “renders moot and academic the decision of the Court project, Gillespie said. of Appeals granting Intex’s petition to have the case in the trial court dismissed.” — .com The restive Mindanao region, home to Muslim rebels, is also the site of Glencore Xstrata Plc and Indophil Resources N.L.‘s $5.9 Referencias billion Tampakan copper-gold project, whose future is in doubt. 1.^Philippines: Tampakan violence claims the lives of tribal Glencore said in August it would eliminate up to 920 jobs and woman and her children (www.minesandcommunities.org) slash spending at Tampakan, which has faced a provincial ban on open-pit mining, public opposition and difficulty in winning 2.^Philippines: Realities of mining in Nueva Vizcaya laid bare regulatory approval. (www.minesandcommunities.org)

3.^ Gillespie said King-king would face similar issues, but had http://climatejustice.ph/campaigns/dirty-energy/28-resist-c worked closely with the local community. oal-re-energize-all (climatejustice.ph) 4.^http://www.karapatan.org (www.karapatan.org) “Security is a challenge, we’re on Mindanao island. But what we’ve found is that as we work closely with the community and with the indigenous people in the area, that we have less challenges from the security perspective,” he said.

However, Gillespie warned that legislation being drafted by Manila that would increase the government’s share of mining revenues, could make the project unviable. (Reporting by Erik dela Cruz; Editing by Richard Pullin)

Atok, Intex finalize agreement on Mindoro mine suit by Rappler.com

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