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11 octubre, 2013 | Fundación Ideas para la Paz

Realities of mining in Nueva Padilla in a privilege speech. The three firms Padilla wants made accountable are Oceana Vizcaya laid bare Gold, which operates in Didipio, town, which the Commission on Human Rights earlier confirmed has been Published by MAC on 2013-10-03 abusing residents opposed to its presence, Royalco Resources Source: Statements, PNA, Yes Magazine, Real News, Ltd. and FCF Minerals Company. (2013−09−28) Among others, Padilla sought the immediate deportation of A fact-finding mission has recorded a growing number of human Oceana general manager Brennan Lang for allegedly ordering rights violations featuring mining in the Province of Nueva security guards of the firm to arrest and detain farmer Eduardo Vizcaya. These involve multinational mining companies including Licyayo for refusing to sell his farm to the mining company. the Australian based OceanaGold and Royalco, as well as the British Metals Exploration (owner of the Philippine FCF Minerals “I wonder, Mr. Speaker, if a court order is required for a warrant Company). A number of violations were recorded, with a request to issue, as Brennan Lang seems to have assumed the role of to investigate damage to the local river systems. There were judge when he issued the order to arrest Licyayo. Brennan Lang follow up accusations being made that OceanaGold ordered the should immediately be deported for acts proved to be inimical to arrest of a farmer Eduardo Licyayo in Didipio, while the army the people of Didipio, and Oceana security guards should be committed rights violations during a ‘security operation’ punished for arresting and detaining Licyayo upon the orders of requested by Royalco in and Kasibu. Lang,” Padilla said.

A number of general articles and resources have been written Padilla said the CHR, then headed by Justice Secretary Leila de about the problems with the mining industry in the . Lima, found Oceana guilty of human rights violations against the One on behalf of Yes Magazine reviews mining issues through indigenous people of Didipio. A recommendation to cancel the prism of OceanaGold at Didipio, while another for the Real Oceana’s Financial and Technical Assistance Agreement was News channel considers how indigenous peoples in endorsed by current CHR chair Etta Rosales, who also upheld De (Lumads) are impacted by mining multinationals. Philippine Lima’s findings, Padilla said. NGOs have presented a statement on the same issue to the UN “We call on President Aquino to adopt the recommendation of Human Rights Council. As if to emphasise the problems of mining the CHR to terminate Oceana’s FTAA submitted a few years back for Lumuds, yet more people have been killed around Glencore as said report remains valid,” the lawmaker said. Xstrata’s proposed mine at Tampakan (although this time it is government forces). Padilla also called on the Bureau of Internal Revenue to investigate Oceana Gold for violating the Internal Revenue Code Elsewhere, after almost two decades of fighting for compensation by not declaring the true value of its exports and shortchanging with Placer Dome (now part of Barrick Gold) for the toxic spill at the government in the payment of excise taxes. , it seems a legal settlement may be drawing close for the case in US courts, while access has been granted to “Even the use of its Corporate Social Responsibility funds and documents in the Philippine courts. other corporate resources for indirectly bribing officials, community leaders and politicians must be investigated Elsewhere the Court of Appeals has ordered a Writ of Kalikasan by the appropriate agency,” said Padilla. [Environment] stopping the levelling of a mountain by a Chinese mining company in . “Maliwanag na nanloloko ang mga kompanya ng pagmimina, Mr. Speaker. Hindi sila nagbabayad ng tamang buwis. Bakit Finally, more than a hundred members from various people’s pumapayag ang gobyerno na lokohin ng mga kompanyang ito (It organizations in province travelled to Metro to is clear that mining firms are engaged in deception, Mr. Speaker. bring their calls for the stoppage of destructive magnetite (aka They do not pay the right taxes. Why does government allow black sand) mining projects in the province. itself to be fooled by these companies)?” Padilla said.

Deputy Speaker seeks legal action vs mining firms for The Deputy Speaker also called for the immediate cancellation of rights violations in the exploration permit of Royalco, which has faced a decade of Philippine News Agency (InterAksyon.com) opposition from Nueva Vizcaya residents.

28 September 2013 “Royalco Resources Ltd. illustrates a seeming collusion of state agents with private business where the military allows its men to MANILA, Philippines — House Deputy Speaker and Nueva be used by a private company for its own purposes. Reports of Vizcaya Representative Carlos Padilla has sought immediate human rights violations as a result of this collusion have been government legal action against three mining companies in his received by this representation,” Padilla said. province that he accused of committing human rights violations with impunity. He also said FCF Minerals bulldozed the homes and farm lots of indigenous people in Barangay Runruno, town. He said a “The residents of Nueva Vizcaya have suffered much and for a number of residents were hurt in the incident. long time. Ten years or so of living along barricades, not reneging on their simple desire to protect their homes and farms “Continuing research has led me to entertain the idea that the from aggression brought about by business is a long time,” said state is not only remiss in its duty to protect human rights. Worse, it allows its agents to be used by these companies to

1 protect private business interest. While mining may now be currently in the mine development stage called the current present in Nueva Vizcaya, the residents won’t allow further environmental impacts as ‘another Didipio in the making, desecration of their lands,” Padilla said. following in the polluter giant’s footsteps.’

“In the province of Nueva Vizcaya, I do not understand, the “Similar to Oceana Gold’s mine development stage, waterways people do not understand why the mining companies seem to have either decreased in both flow and volume or have violate human rights with impunity. Let us put an end to the completely dried up, while some ‘dead creeks’, as locals put it, people’s using non-legal means in favor of legal remedies. Let us, have suddenly strengthened most likely due to deliberate water for once, prove that our laws provide us protection better than diversion. We also observed signs of decreased water quality, barricades do,” he said. including signs of chemical contamination and increased turbidity in comparison to observed unaffected rivers that will National fact-finding and solidarity mission on mining likely impact on the irrigation, potable water supply and TNCs in Nueva Vizcaya unearths realities of poison, sanitation of communities. This was most apparent in Sulong plunder River, where residents noted the disappearance of paco (ferns) Defend Patrimony press release and other riverside flora as well as a decrease in productivity and stunted growth of fisheries,” said Dr. Chito Medina, national 21 September 2013 coordinator of the peasant-scientist group MASIPAG and lead National Fact-Finding and Solidarity Mission (NFSSM) led by expert of the scoping team on FCF Minerals. Defend Patrimony alliance along with Alyansa ng Nakgkakaisang The groups also noted the destruction of rice fields, citrus Vizcayanos para sa Kalikasan (ANVIK) have discovered a plantations and other cultivated lands alongside homes and pandora’s box of ecological destruction and resource plunder properties in all affected barangays by both the Australian-owned across three big mining companies in Nueva Vizcaya province. Oceana Gold and British-owned FCF Minerals. Massive biodiversity loss, water pollution, and human rights violations were observed in the indigenous peoples and peasant According to Fr. Vicente Tiam, chair of the mission’s lead communities affected by foreign mining corporations Oceana organizer group Alyansa ng Nagkakaisang Novo Vizcayano para Gold and FCF Minerals. sa Kalikasan (ANNVIK), “the findings of the mission is a clarion call for justice on the crimes committed by mining TNCs to the “Based on the initial investigation we conducted, we surmise the people and the environment of Nueva Vizcaya. The operations of main river in Barangay Didipio where Oceana Gold’s release Oceana Gold and FCF Minerals are in clear conflict with the their mining effluents is biologically dead. In our scoping study, declaration of the Forest Reserve as a Permanent we observed the foul stench, the thick, orange-brown siltation Forest Reserve in which more or less 97 percent of Nueva and the disappearance of aquatic resources. Water snails, Vizcaya is included.” shrimps, carp, mud fish and other local species that used to populate the river, according to locals, have all disappeared,” “These projects were granted under the auspices of the Mining said Clemente Bautista, national coordinator of the Kalikasan Act of 1995 and more likely further reinforced by Pres. Benigno People’s Network for the Environment (Kalikasan PNE) and lead Aquino’s Executive Order 79 that may serve as basis for the of the environmental scoping team on Oceana Gold gold mining overriding of local and national environmental policies. The operation. realities unearthed by the NFSSM are indictment on the current mining policy régime. There is a need to investigate the Bautista said that the water pollution in Didipio have reached environmental damage done by large-scale mining in Nueva other barangays and communities in province. The Vizcaya. The local and national governments should look into the Didipio River merges with Diduyon River which transverses the violations and these polluters should be held accountable,” ended Quirino province. The local residents also reported the reduction Leon Dulce, spokesperson of the Defend Patrimony! Alliance. of frog populations while at the same the increase increase of mosquito population in the communities, frogs and fishes are Reference: Clemente Bautista, national coordinator — Kalikasan know a natural biological control of mosquitos. The Fact-finding PNE — 0922 844 9787 team said the biological imbalance could threaten nearby Mining harms Nueva Vizcaya’s resources communities in Brgy. Didipio with an outbreak of dengue and other insect-borne diseases. By Artemio A. Dumlao

According to Luis Paulino, a local resident from Barangay Alimit Philippine Star in the municipality of Kasibu, “small-scale miners and other folk 23 September 2013 who have been exposed to the waters where Oceana Gold’s tailings flow have consistently experienced itching and inhaled CITY, Philippines — An independent probe on mining squalid odors. Rare wildlife such as makawa (local deer), hagiit ventures in Nueva Vizcaya has allegedly unearthed cases of (wild boars) and kalaw (hornbills) that we used to see in the our poisoning and plunder of community resources. forests can no longer be seen. This started when Oceana Gold started to clear our forest, blast our mountains and excavate our A fact-finding mission led by anti-mining alliance “Defend lands. Patrimony” along with Alyansa ng Nagkakaisang Vizcayanos para sa Kalikasan (ANVIK) said it discovered a number of cases of Runruno: another Didipio in the making ecological destruction and resource plunder commited by three big mining companies in Nueva Vizcaya province. Meanwhile, the scoping team in Brgy. Runruno where the Runruno Gold and Molybdenum project of FCF Minerals is

2 The mission participants said they unearthed “massive properties in all affected barangays by both the Australian-owned biodiversity loss, water pollution, and human rights violations Oceana Gold and British-owned FCF Minerals. along indigenous peoples and peasant communities” affected by Fr. Vicente Tiam, chair of the mission’s lead organizer group foreign mining corporations Oceana Gold and FCF Minerals. Alyansa ng Nagkakaisang Novo Vizcayano para sa Kalikasan “Based on the initial investigation we conducted, we surmise the (ANNVIK), said “the findings of the mission is a clarion call for main river in Barangay Didipio where Oceana Gold released their justice on the crimes committed by mining TNCs to the people mining effluents is biologically dead. In our scoping study, we and the environment of Nueva Vizcaya.” observed the foul stench, the thick, orange-brown siltation and NOLCOM chief assures fair probe on alleged human rights the disappearance of aquatic resources. Water snails, shrimps, abuses in Nueva Vizcaya mining areas carp, mud fish and other local species that used to populate the river, according to locals, have all disappeared,” said Clemente Philippine Information Agency Bautista, national coordinator of the Kalikasan People’s Network for the Environment (Kalikasan PNE) and lead of the 10 September 2013 environmental scoping team on Oceana Gold gold mining , Nueva Vizcaya — Armed Forces of the Philippines operation. (AFP) Northern Command chief Major General Gregorio Water pollution in Didipio, Bautista said, has reached other Pio Catapang,Jr. has assured tribal folks in mining –covered barangays and communities in Qurino province. villages in three towns here that a fair and proper investigation will be done to establish whether or not the soldiers who were The Didipio River merges with Diduyon River which traverses the under security operation in the said areas have committed the Quirino province. alleged human rights abuses.

Local residents have reported the reduction of frog population “They were relieved from their deployment in strategic areas in and the increase of mosquito population in the communities. towns of Dupax del Norte and Kasibu and they are now in the barracks awaiting the result of the investigation,” Catapang said Frogs and fish are known as natural biological controls of yesterday after paying a courtesy call to Ruth Padilla. mosquitos. He also proceeded to the areas where the alleged human rights The independent probers said the “biological imbalance could abuses took place inorder to know more of the situation in threaten nearby communities in Brgy. Didipio with an outbreak barangays Yabbi, Binuangan and Belance in Dupax del Norte of dengue and other insect-borne diseases.” town and barangays Pao, Pacquet and Kakiduguen in Kasibu Villager Luis Paulino of Barangay Alimit in Kasibu town said towns. “small-scale miners and other folks who have been exposed to “If ever there will be violations, we will punish them but they the waters where Oceana Gold’s tailings flow have consistently might have been misinterpreted for their actions. Their penalty experienced itching and [complained of inhaling] squalid odors.” depends… they can be discharged from the service,” he said. He added that”‘rare wildlife such as makawa (local deer), hagiit Catapang said the soldiers swooped to the mining –covered areas (wild boars) and kalaw hornbills)” that were used to be seen in based on the request of the officials of Royalco Resource Ltd., the forests can no longer be seen’. asking security against the anti-mining villagers who have set up The disappearance of these animals allegedly started when barricades along the access road to prevent the entry of Oceana Gold started to clear the forest, blast the mountains and equipments of the mining firm. excavate the lands. He added that the soldiers were also conducting military The scoping team in Brgy. Runruno where the Runruno Gold and operations in the area as remnants of the New People’s Molybdenum project of FCF Minerals is currently in the mine Army(NPA) with 15 to 20 armed members were seen frequenting development stage called the current environmental impacts as the said areas. “another Didipio in the making, following in the polluter giant’s “Our soldiers were after the NPA guerillas who were sighted footsteps.” near the mining-areas. They were there to engage them once “Similar to Oceana Gold’s mine development stage, waterways they have identified their location,” Catapang said. have either decreased in both flow and volume or have The army chief made his statement after Representative Carlos completely dried up, while some ‘dead creeks’, as locals put it, Padilla, also one of the deputy house speakers in a recent have suddenly strengthened most likely due to deliberate water privilege speech last August 27 assailed soldiers deployed earlier diversion. We also observed signs of decreased water quality, in the mining-areas of causing panic and alleged human rights including signs of chemical contamination and increased abuses against several villagers who are mostly members of the turbidity in comparison to observed unaffected rivers that will and other tribal groups.. likely impact on the irrigation, potable water supply and sanitation of communities,” said Dr. Chito Medina, national He said the establishment of barricades by anti-mining villagers coordinator of the peasant-scientist group MASIPAG and lead proved to be the most effective device to prevent the equipments expert of the scoping team on FCF Minerals. of the mining firm in entering their ancestral lands.

The groups also noted the destruction of rice fields, citrus But soldiers implicated in the human rights violations denied the plantations and other cultivated lands alongside homes and allegations, saying they were just following proper procedure in

3 paying a courtesy call to the village officials and further two very young children, along with another DESAMA member. dismissed reports of looting from the villagers’ properties. No one suggests that the mining company shot the two, but (BME/PIA 2-Nueva Vizcaya) OceanaGold’s presence has brought conflict and death to this previously peaceful municipality. The Real Cost of Gold in the Philippines As to the economic benefits from the gold mine, Carmen tells us We think of gold as a sign of prosperity, but the farmers and that many of the mine’s workers-often hired as irregulars to communities most affected by mining just want their rivers and avoid minimum wage and benefits-work a grueling 12-hour shift land back. while earning less than a meager 50 cents an hour. It would take by John Cavanagh, Robin Broad these workers many lifetimes to approach the $1.3 million compensation package of OceanaGold CEO Michael Wilkes in Yes Magazine 2012.

13 September 2013 The government’s Human Rights Commission has recommended “An engine of growth and prosperity,” announces the deep blue the revocation of the mining license of OceanaGold. OceanaGold sign that greets us as we enter a small town in the Moreover, any economic benefits from this mine’s projected northern Philippines. We’ve come a long and windy 12-hour drive 16-year life will be more than outweighed by the environmental through seven provinces from the Philippines’ capital city into devastation. We hear of “dirty water” downstream from the mine the clouds of the majestic Sierra Madre Mountains. We stand at and of dead fish washing up on the shore. What is the cause? the base of what remains of a hill that Australian mining What is in the four massive vats that can be seen amidst the executives call “dinkidi,” Australian slang for “the real thing.” mine’s machinery beside the piles of rocks? Is OceanaGold, like Just years ago, this was a green hill dotted with trees and other global mining firms, using cyanide to separate the gold and farmers’ modest homes. copper from the surrounding rock? Are there sulfides in the rock It may be hard for mining executives at OceanaGold and now exposed by the mining-sulfides that are transformed into elsewhere to believe, but these farmers tell us that their dream is sulfuric acid every time it rains, creating “acid rock drainage” of simply to end the mining. toxins-as there are at roughly half the mine sites around the world? And why don’t the affected people in this area have Today, after the homes have been demolished and successive access to this information? layers of land blasted away by high-powered explosives, it is a giant pile of rocks, with the valuable gold and copper-“the real “An engine of growth and prosperity,” bragged that OceanaGold thing”-being extracted for the profits of the OceanaGold sign. But what we witness is the scorched earth of mining and corporation, headquartered far away in Australia. the broken dreams of a community.

We sit with community members of the Didipio Earth-Savers Governments of the world should be listening to the voices of Multipurpose Association Inc. (DESAMA), with a bird’s eye view these people as they set national and international mining laws. of the plundered site that’s just outside the window. It may be hard for mining executives at OceanaGold and elsewhere to believe, but these farmers tell us that their dream is To you readers, and especially those who think of gold as simply to end the mining, to have their community and clean something of value, we invite you into the room. Some of you rivers back, to be able to farm in peace and to build a better have followed us in our journeys to gold-mining country in El tomorrow for their children. They are proud to be the producers Salvador where OceanaGold has joined forces with Canadian in a province called one of the Philippines’ “fruit and vegetable company Pacific Rim. We invite you to ponder OcenaGold’s bowls,” and they want to keep it that way. claim: prosperity for whom? Mining executives seem not to hear these voices. For mining Listen to the weary and distraught mother as she tells us that her executives and for too many governments, the bottom line seems family lives so close to the enormous conveyor belt that carries to be the yearly 100,000 ounces of gold (valued at $130 million) rock to be crushed that she and her four school-age children that OceanaGold projects to extract from this once verdant cannot study or sleep. They hear the loud droning noise 24 hours mountainside, most of which will be shipped overseas. a day. When the mining company blasts rock, it feels like an OceanaGold’s mine here will leave behind just pennies on each earthquake. But it is her house and her land, and what is she to dollar extracted, a trivial sum that does not nearly compensate do? for the social, environmental, or economic chaos.

Listen to the cracking voice of Lorenzo Polido, a farmer who Back in the capital city, Philippine Human Rights Commissioner moved to this fertile land decades ago, as he recounts the Loretta Ann Rosales tells us of the motion that the Commission demolitions of homes several years ago. He tells us of a neighbor filed against OceanaGold in 2011. A former Marcos-era political who suffered a heart attack watching his home demolished to prisoner who was raped in jail, Rosales stands as a beacon of make way for the mine. During the demolitions, many in the hope. Citing the forcible and illegal demolitions, the harassment community set up barricades to try to stop OceanaGold. Allies of residents by the police, and the indigenous community’s right from the national Alyansa Tigil Mina (the Network Against to culture, the Human Rights Commission recommended the Mining), the Philippine Rural Reconstruction Movement, and revocation of the mining license of OceanaGold. Rosales is now other groups lent support. discussing with her counterparts from other countries a stronger framework to protect the rights of people and their environment Carmen Ananayo, her voice breaking and eyes tearing, talks from the plunder of mining firms. about the 2012 murder of her daughter, herself the mother of

4 OceanaGold is but one of dozens of mining companies now in the latest case was on August 5, 2013 where 17 protesters including Philippines that have celebrated the skyrocketing gold, copper, two underage children were intimidated by the mining company and other mineral prices since 2000. Collectively, these and the security force. Instead of having a dialogue, the mining companies are blasting up and down the Philippine archipelago company filed a case against the protesters. In Manicani Island, and opening mines all over the world. despite the government’s decision to suspend the mining operation in 2001, the mining company has been trying to But in the Philippines, as in El Salvador, a broad set of groups continue their activities. There is no law enforcement for the has come together to protect land, water, and life in the face of implementation. The local community is obliged to make human this mining onslaught, and they have proposed alternative mining barricade to prevent the company to operate illegally. bills that would protect these basic rights. These bills, like the voices of the people of we visit in this remote community, Thirdly, is the situation in Matigsalug and Tigwahanon deserve a broad hearing across the globe. indigenous communities in San Fernando, in Southern Philippines. On 5 March 2012, Mr. Jimmy Liguyon was shot and John Cavanagh and Robin Broad wrote this article for YES! killed at his home. He strongly resisted the entry of large scale Magazine, a national, nonprofit media organization that fuses mining companies in his village, where the main source of powerful ideas with practical actions. income is small-scale mining. The police investigated the killing Robin is a Professor of International Development at American and charged Mr. Alde Salusad and 14 unidentified paramilitary University in Washington, D.C. and has worked as an members for the murder. The Court issued a warrant of arrest international economist in the U.S. Treasury Department and the against him on 30 April 2012, but to date has not been served. U.S. Congress. John is director of the Institute for Policy Studies, The regional office of the Commission on Human Rights of the and is co-chair (with David Korten) of the New Economy Working Philippines also promised to investigate the case but no official Group. They are co-authors of three books and numerous articles investigation report has been released. The failure to arrest the on the global economy, and have been traveling the country and perpetrators and the continuing militarization of San Fernando the world for their project Local Dreams: Finding Rootedness in led to two mass evacuations of Matigsalugs and Tigwahanons in the Age of Vulnerability. March 2012 and August 2012.

The human rights violation related to mining projects in Therefore, we would like to recommend the government of the the Philippines Philippines the following:

Oral statement to the UN Human Rights Council — 24th Session * Stop mining operation in and Eastern and conduct an independent evaluation on the impact of mining 9 — 27 September 2013 to the full enjoyment of human right of the affected communities;

Agenda Item 4 — General Debate * Implement the principles of Free, Prior and Inform Consent, not Delivered by Budi Tjahjono of Franciscans International only during the implementation, but throughout decision making Jointly prepared by Franciscans International and RMP-NMR process.Repeal Mining Act of 1995 and take consideration on the Alternative Mining Bill and Peoples Mining Bill Geneva, Switzerland * Enforce the warrant of arrest of the perpetrators of the killing Mr. President, of indigenous leader Mr. Jimmy Liguyon and conduct an investigation on the other reported killings and mass Franciscans International (FI) and Rural Missionaries of the displacements of indigenous peoples in San Fernando, Bukidnon Philippines — Sub-Region (RMP-NMR) would like to draw attention of the Council on the human rights Tribe rejects mining bid in land violation in the Philippines related to mining. We would like to draw the attention of the Council and the Government of Philippines on the three cases. The first is the magnetite mining 18 September 2013 operations in the coastal area of Cagayan province, by foreign and local investors. Allegedly, the mining permission was granted LA TRINIDAD, — The “Guinaang” tribal folks in Pasil with inadequate consultation and consent of the affected town in Kalinga province have rejected a mining application over communities. The mining operation has negative impact on the at least 3,000 hectares of their ancestral lands. right to lively hood, right to water and right to freedom of In a manifesto of the Guinaang Indigenous People Organization expression of the local population. The anti-mining groups have (GIPO), the folks signified their rejection of the proposed mining received intimidation from the local authority and mining application of the Makilala Mining Co. Inc. (MMC). operators due to their opposition. Consequently, there has been a climate of fear among the population. The manifesto signed by 700 representatives of the tribes in six barangays in Pasil namely Guinaang, Dangtalan, Pugong, Secondly is the nickel mining operations in Malucsad, Galdang and Bagtayan are asking the National province, especially in Homonhon Island and in Manicani Island. Commission on Indigenous Peoples (NCIP) to declare the MMC There has been allegation of human rights violations of the local application “a failure”. The manifesto specified that MMC did not communities, especially on the right to freedom of expression, get the IPs’ Free Prior and Informed Consent (FPIC) as provided access to water, and right to livelihood. In Homonhon, the anti by law. mining groups have been intimidated by the mining operators. No action was taken by the government to protect them. The The NCIP Kalinga was furnished a copy of the manifesto.

5 Barangay assemblies were conducted where tribe members the environment and robbing local and native people of their agreed to submit their written manifestation of rejection to the livelihoods. entry of MMC. Corporate agri-businesses like U.S.-based Dole, Del Monte, Embracing mining, they said, “would mean permanently losing Monsanto, along with international and Philippine mines, are their rights over their ancestral land and their rights to develop polluting waterways and destroying the surrounding farms. the Tabia gold fields for their livelihood.” Chinese, European, Canadian, and Filipino mines are stripping away the mountains to get at what some estimate to be the GIPO also requested NCIP to inform the mining company to largest iron deposit in the world. There also some of the most refrain from approaching them anymore. They said they want to significant gold, nickel, and copper reserves in Asia. preserve their mining resources for their children and reserve their right to develop and control it to benefit their communities. Despites its natural riches, most of Mindanao is struggling, with — Artemio A. Dumlao six out of the ten poorest provinces in the impoverished country. Protecting and paving the way for foreign corporations is the 2 killed in ambush by suspected tribesmen opposed to Philippine military, forcibly evacuating residents from their mining lands, and even killing and kidnapping. By Orlando B. Dinoy JOSAPHINA PAGALAN, FARMER: The soldiers are the protectors Inquirer Mindanao of the foreign companies.

14 September 2013 RUIZ: The Real News Network spent time in in northeast Mindanao, one of its poorest regions, but richest in terms of CITY, — A soldier and a minerals and agriculture. government-backed militiaman were killed in an ambush perpetrated by suspected followers of anti-mining B’laan tribal Sister Stella is an advocate for Mindanao and has seen the leader Daguil Capion in Barangay (village) Kimlawis in Kiblawan, damage to the environment and people because of the invasion Davao del Sur on Friday, the police reported Saturday. by cash crops, like Dole’s bananas.

Senior Superintendent Ronaldo Llanera, Davao del Sur police SISTER STELLA, GENERAL SECRETARY, PANALINGKDAN director, said Corporal Ritchie Maravilla, 38, commander of the (DEFEND) MINDANA: Biodiversity–this is beauty, this is Kiamo Patrol Base, and militiaman Enrique Tiogangco were creation! All has the place, all has the life. All has the right to walking toward their camp from an errand when they were fired live. But with capitalism, with agribusiness plantations, only one upon by armed men around 8 a.m. has the right to live, and that is banana.

“They were injured and were rushed by their companions to the RUIZ: Rogilio Montero, an organic rice farmer in Tago and Gregorio Matas District Hospital in , Kiblawan, but the chairperson of a peasant organization, talked to us about his attending physician declared them dead upon arrival,” Llanera community and farm, which is now surrounded by Dole’s banana said. trees.

Government officials, led by Davao del Sur Governor Claude ROGILIO MONTERO, ORGANIC RICE FARMER: After Dole came Bautista, said the ambush could be part of the “pangayaw” or in and surrounded the farms that were still planted with rice vendetta by B’laan tribesmen following last month’s killing of before the farm was converted into a banana plantation, we anti-mining tribal leader Datu Anting Freay, 60, and his son, observed an increase of pests in the surrounding areas, and the Victor, 16, in a military operation, also in Kimlawis. water became a threat, because the drainage goes through the main river. So the peasants are increasingly worried that it can Earlier this year, soldiers also killed Capion’s brother, Kitari, who cause harm or sickness. also led a band of anti-mining B’laan warriors. RUIZ: Dole has over 13,000 hectares of banana plantations in the In October last year, members of the military-led Task Force region, more acreage than the entire land area of the city of San Kitaco, who were deployed to secure Sagittarius Mines Inc., were Francisco. Growing cash crops like bananas and oil palm means also blamed for the death of Capio’s wife and two children. two important staples, corn and rice, are being displaced. And so Philippine Activists Fightback Against Corporate and are the farmers that grow them. Military Forces MONTERO: When Dole was not here, we were able to survive The Real News from the income from these farms. It was sufficient for the needs of the family. “It is better to die from bullets than from hunger” In the Philippines, activists put their lives on the line to fight the RUIZ: Dole is taking over leases in lands that tenant farmers military and corporations used to till. Now those farmers work for Dole and don’t earn enough to survive. 15 September 2013 For the farmers who continue to till the land like Rogilio, the Transcript fields and waters are increasingly polluted and the farmers are under constant threat of being displaced. Philippine Activists Fightback Against Corporate and Military ForcesDIAN RUIZ, PRODUCER: On Mindanao, a major island in They also must contend with the Philippines’ hacienda system. the southern Philippines, foreign-based companies are destroying This system gives all the power to landowners–corporations and

6 the entrenched Philippine aristocracy. Most farmers are tenants the Philippine military. that till the land owned by others. Tenant farmers must borrow JOSAPHINA PAGALAN, FARMER: That is what happened, they money for the supplies they need and struggle to earn enough to (the military) occupying the houses and the school. They pay back the loan. ransacked ALCADEV, the school. These are the reasons we The Philippine government perpetuates the system of large quickly evacuated. Of course, because we evacuated, our means landowning families, like the current President’s own family. of livelihood was also affected. We had to leave our farm and the Tenant farmers can’t survive without subsidies, as the price paid corn behind. When we went back there was nothing left. for their goods in local markets aren’t enough to cover their RUIZ: The village children also leave behind their education as expenses. Multinationals like Dole, on the other hand, are at a the entire community is forced into the jungle. huge advantage. They’re well capitalized and they sell their cash crops in a global market. JOSAPHINA: It hurts us to evacuate, to leave our own houses behind. Instead, we have to go there where it’s difficult to find RUIZ: In contrast, when rice growers sell their harvest, the price potable water, toilets, food, and places to sleep. they get is so low that they have to sell nearly all their rice in order to make their loan payments. This leaves farmers without RUIZ: A Manobo chieftain and the chair of an indigenous enough food to feed their families. organization told us about the military’s past and ongoing intimidation. Corporate plantations aren’t the only destructive forces in Caraga. Large-scale corporate mining is tearing down DATU JALANDONI CAMPOS, CHAIRPERSON, MAPASU mineral-rich mountains and sending them off to be processed in INDIGENOUS ORGANIZATION: With every military operation, another country. we are afraid. We fear about which members will be beaten up next, who will be killed or missing, who we cannot find, and who STELLA: We have seen by our own eyes how our mineral ore, our we do not know whether they are dead or alive. To this day, nickel laterite, the red soil, are being carried and shipped to there are members of the organization who are missing amidst Japan to Australia to China. the military operation. We still don’t know where they are. We RUIZ: This is Shenzhow Nickel Mine stripping the mountain of its don’t know if they’re alive or dead. ore and shipping it to China right from its private port where the RUIZ: Local cooperative miners are also being threatened by the toxic run-off is flowing into the sea. The mines contaminate military. waterways, killing crops, livestock, and people. JUCY SALADO, SPOKESPERSON AND TREASURER, NAGAMI We spoke to a farmer and fisherman who live near a SMALL SCALE MINERS: So, why do the soldiers not want us to Philippine-owned nickel mine in , Marcventures. work here and allow our lives to get better? Because they want ARSENIO AVILA, FARMER AND CHAIRPERSON OF FARMERS large-scale mining companies to operate here. That’s what the COOPERATIVE AND IRRIGATORS ASSOC.: So that areas are soldiers want, probably because it’s what the government wants also surrounded by the mining areas. So, as a result, the mining them to do. is uphill, in the highlands, and the agricultural is below. So the RUIZ: Jucy told us the military blasted their tunnels, burned siltation during the rainy days will flow down to the river and of down their houses, and destroyed their pipes. course the irrigation dam will be affected. Mining is their only source of income. These local miners don’t RUIZ: Arsenio told us contaminated water from the mines is use chemicals, water diversion, open pits, or deforestation, killing crops and fish. And these waterways are the only source unlike corporate mines. When they sell the gold to local buyers, of drinking water for the local residents. Many people displaced they share the proceeds equally throughout their cooperative. from their livelihoods now work for mining corporations, but the But these small-scale miners are a threat to corporate interests, work is typically seasonal, on contract, with low wages and and that’s why the military is after them. without health benefits, despite the hazards. RUIZ: While the situation in Caraga is dire, with agribusiness, How can these corporations be getting away with this? Upon the mining, and logging destroying the environment and recommendation of the World Bank, the Philippines liberalized communities, local people are finding strength in organizing. its mining policies in the Mining Act of 1995 to attract more foreign engineering and capital. The Act allows foreign In Han-Ayan in the jungles of Surigao del Sur, a community’s corporations 100 percent ownership of the minerals, even though solidarity against corporate intrusions is based around a school under the Philippine Constitution foreign ownership is limited to founded by five native tribes. They founded ALCADEV, the 40 percent. The government only taxes 2 percent of the value of Alternative Learning Center for Agricultural and Livelihood the mined ore. So now the government is basically giving away Development. The school teaches farming, community its mineral riches. development, and what’s happening because of the corporations and military. They teach not just to high-schoolers, but adults as Threats to the community aren’t just to their environment and well. livelihood. The Philippine military is terrorizing local and native people to make way for mining, logging, and agricultural One of the groups that established the school is MAPASU, an corporations. organization of indigenous peoples. The full Cebuano name translates into Persevere in the Struggle for the Next Generation. Since this farmer was a little girl, her indigenous Manobo community has been forced off their land at least four times by The school and MAPUSU foster solidarity, which is why the

7 military keeps trying to shut the school down. would leave the provincial government back to square one.

JOSAPHINA: Because MAPASU organization always struggles American lawyer Walter “Skip” Scott, lead counsel of the against mining companies, we are being subjected to recurring Marinduque government, confirmed that his meetings over the military operations. past two weeks with Marinduque officials and nongovernment stakeholders in Boac were meant to finalize the deal. They see MAPASU is strongly united and the people are developing capacity because of the project we have here, which “Yes, you can say that we are close to a potential settlement,” were not given by the government, but by the efforts of the Scott said in a phone interview on Monday evening, although he indigenous people setting up their own school. declined to comment on its details, despite Raza’s statements.

RUIZ: So far, Han-ayan has been successful in fending off mining He said the deal framework on the table, from the side of the corporations. Philippines, involved Philippine legal experts Fr. Joaquin Bernas and Sedfrey Candelaria from Ateneo, environmental lawyer Tony JALANDONI: At the present time, at the MAPASU organization Oposa, retired Justice Josue Bellosillo, former Philippine there are mining companies that try to enter, but because of the Ambassador to the World Trade Organization Manuel Teehankee strong resistance of the people and strong unity of the people, and professors Harry Roque and Ruben Balane. they have not been able to enter. Raza said the province “conditionally agrees” to take Barrick’s RUIZ: In the nearby community of co-operative miners, it’s clear offer once certain provisions in the settlement are revised. One that they’re ready to fight against the corporations and military of those, he said, is a clause stating that Placer Dome never to defend their way of life. operated on the island. JUCY: When a really big company tries to go in here, we are “That’s something difficult for us to accept. It’s common against it. That is what we say–it is better to die from bullets than knowledge that Placer Dome was a managing partner of from hunger. Marcopper,” Raza said. RUIZ: This is Dyan Ruiz for The Real News Network. Read more: Firm offers Marinduque $20M for PH’s worst mining http://newsinfo.inquirer.net/489741/firm-offers-marinduque-20m- [1] disaster for-phs-worst-mining-disaster

By Maricar Cinco, Inquirer Southern Luzon — Court orders mine site inspection and access to documents http://newsinfo.inquirer.net/489741/firm-offers-marinduque-20m- in Marinduque mining disaster case for-phs-worst-mining-disaster Tan-Awan (Newsletter of Legal Rights and Natural Resources 17 September 2013 Center, Inc.)

SAN PEDRO, , Philippines-After nearly a decade of September 2013 battling it out in a United States state court, the province of IN THE ORDER dated 14 June 2013, Judge Emmanuel Recalde, Marinduque has come close to signing a deal worth $20 million presiding judge of Branch 38 of Marinduque with the mining company that bought the firm being held granted plaintiffs‘ motion, which asked that the Marcopper mine responsible for unleashing toxic wastes into Marinduque’s Boac site in Marinduque be opened and inspected, and River in a case considered to be the country’s worst mining company-related documents be produced by defendant disaster. Marcopper. By virtue of the court order, plaintiffs have been The compensation offer of $20 million, however, is way below the allowed access by the courts to the mining company’s $100-million claim for damages that the Marinduque government documents, as well as to the mine site, which has long been is demanding from Barrick in a 2006 lawsuit. off-limits to the general public.

Barrick is the global gold-mining firm that purchased Placer The more or less sixty plaintiffs led by Rita Natal, who filed the Dome Inc., the former parent company of Marcopper Mining case against Marcopper in 2001, expressed relief that the court Corp. that shut down operations following the mine tailing spill. sided with their pleas and arguments in their 2010 motion for inspection in this 12-year old case. Eleuterio Raza, Marinduque provincial administrator, confirmed the offer in a phone interview on Tuesday. To set the arrangements for the conduct of the inspection and the production of documents, the court scheduled a hearing or The amount, however, would further be reduced to $13.5 million conference on October 2. after litigation expenses had been paid. The case remains at the pre-trial stage, however. Defendant “These are crumbs,” said Raza, “but we are being pushed to the Marcopper also filed a petition with the Court of Appeals wall.” questioning the green light given by the trial court. Meanwhile, Raza said the province initially declined the offer. “But we were as of press time, the Court of Appeals has not issued the told that Barrick is losing billions due to the downturn of the temporary restraining order requested by Marcopper to stop the mining industry globally,” he said. inspection and production ordered by the trial court.

He said the provincial government is afraid that Barrick might Consorcia, one of the petitioners, expressed hope and vigilance get absorbed by another company again and not taking the offer when she said: “Panalangin ko sa Maykapal na huwag pa Niya

8 ako kunin, at nang makita ko ang kahihinantnan ng kaso.” (“I “The Secretary of DENR and/or his representative is directed to pray that the Lord allow me to live long enough to see the monitor strict compliance with the decision and orders of the resolution of this case.”) court; and make periodic reports on a monthly basis on the execution of the final judgment,” it added. In December 1993, and then again in March 1996, Marcopper’s mine tailings dump was unable to hold its chemical toxic waste, Concurring with the ruling were Associate Justices Amelita which spilled into at least 2 river systems of Marinduque and Tolentino and Ramon Garcia. PNA other water systems, flooded nearby communities and territories, CA stops mining firm from leveling Zambales mountain and damaged properties and sources of livelihood. – Rappler.com Legal Rights and Natural Resources Center, Inc.- Kasama sa Kalikasan/Friends of the Earth-Philippines 22 September 2013 24-A Malingap St., Teachers Village, MANILA, Philippines — The Court of Appeals permanently 1101 , Philippines stopped the leveling of a mountain by a Chinese mining company telefax: (+63) (02) 920‑7172; (+63) (02) 441‑0858 in Zambales. website: www.lrcksk.org[2] The court’s Fourth Division issued a writ of kalikasan, stopping Court issues writ of kalikasan vs Zambales mining firm Chinese miner LNL Archipelago Minerals from leveling a Philippine Star mountain in Barangay Bolitoc, Sta. Cruz. LNL Archipelago is building a seaport for the shipping of chromite-rich soil to China. 23 September 2013 The decision, penned by Associate Justice Danton Bueser, took MANILA, Philippines — The Court of Appeals has issued a writ of into consideration the claim of Agham Party List Rep. Angelo kalikasan enjoining a mining company in Zambales and other Palmones that the company did not secure an Environmental government agencies from cutting trees and leveling a mountain Compliance Certificate from the Department of Environment and in Sta. Cruz town. Natural Resources (DENR).

In a 20-page amended ruling promulgated on Sept. 13, 2013, the Palmones argued that the leveling has serious impact on the th CA’s 4 Division through Associate Justice Danton Bueser, ecological balance of the affected towns and was undertaken reconsidered and set aside its Nov. 23, 2012 ruling. without consultations with residents.

The CA granted the petition for writ of kalikasan filed by Agham He said the mountain serves as protective barrier against floods. party-list Rep. Angelo Palmones seeking to stop metallic ore miner LNL Archipelago Minerals Inc. from further defiling the In its ruling, the CA said LNL Archipelago wasn’t just leveling the environment. mountain, it was also reclaiming a portion of adjacent waters.

“Respondent [LAMI] is directed to permanently cease and “LNL’s pretense that it is only constructing a causeway does not decease from scrapping off the land formation in question of inspire belief as it actually scraped off or cut a land formation from performing any activity/ies in violation of environmental and, with the earth taken therefrom, it filled up the adjacent laws resulting in environmental destruction or damage[,]” the waters to pave the way for the construction of a seaport,” the ruling said. court said.

LAMI president Lawrence Lenio and its general manager Philip The CA also cited the geo-hazard map of Region III, which Floria, Environment Secretary Jesus Ramon Paje, PPA general revealed that coastal portions of the “Sta. Cruz manager Juan Sta. Ana, and Zambales Police Provincial Office Quandrangle-Zambales and provinces” are now Director Francisco Santiago, Jr. were named respondents in the highly susceptible to landslide and flooding. case. The CA directed the DENR to “protect, preserve, rehabilitate and In his petition, Palmones alleged LAMI’s personnel, with their restore the land formation,” monitor strict compliance with its security details armed with guns started to cut trees in Bolitoc, decision and orders, and make a monthly report on the execution Sta. Cruz, Zambales. of the final judgment. — Rappler.com

Aside from cutting trees which serve as the natural barrier of the From Cagayan to : People’s calls for stoppage nearby communities from typhoons and floods, LAMI also of destructive black sand mining reach halls of Congress, allegedly had started leveling of mountain despite the undisputed Malacañang physical evidence in the area. Kalikasan PNE press release

It was revealed LAMI secured a prior approval of the 17 September 2013 of Sta. Cruz but did not conduct public consultations. More than a hundred members from various people’s organizations in Cagayan province travelled to Metro Manila last In the ruling, the CA said “[t]he respondent [LAMI] as well as the Monday to bring their calls for the stoppage of destructive Secretary of Department of Environment and Natural Resources magnetite mining (also known as black sand) projects in the and/or their representatives are directed to protect, preserve, province to the halls of Congress and Malacañang Palace. The rehabilitate and/or restore the subject land formation including residents under the Federation of Environmental Advocates of the plants and trees therein.” Cagayan (FEAC) were joined by the national groups Kalikasan

9 People’s Network for the Environment (Kalikasan PNE), Defend to operate, and we find it incredible how these operations pass Patrimony! Alliance against Mining Liberalization and Plunder, the requirements of MGB and LGUs,” asserted Adviento. Taripnong-Cagayan Valley and the Lakas ng Kabataan para sa The Cagayanons trooped today to the House of Representatives Bayan-Cagayan Valley (Lakbay CV), among others. to gather support for their calls, and to support legislative “At least 53,684 hectares of coastal lands and foreshore areas in initiatives contributing to their campaign against magnetite Cagayan are covered by magnetite mining operations that have mining in the province. Bayan Muna Representatives Neri over time caused the erosion of their northern coastline and the Colmenares and Carlos Zarate co-authored House Resolution riverbanks of the . Studies and scientific 300, directing the House Committee on Ecology to conduct an investigations of magnetite mining areas in the province have investigation in aid of legislation on the magnetite mining concluded that black sand mining operations, regardless of operations’ ecological impacts, as well as suspend or stop legality, contributed to the depletion of fisheries, salt water and magnetite mining operations while the review is ongoing. chemical intrusion into the freshwater table, and worsened “The impacts of magnetite mining operations in Cagayan flooding in coastal and riverside communities,” said Clemente Province are an indictment on the country’s flawed mining Bautista, national coordinator of Kalikasan PNE. policies. Despite the passage of PNoy’s Executive Order 79, the An Environmental Investigation Mission (EIM) conducted by the scourge of magnetite mining remained unaddressed — some hide Center for Environmental Concerns — Philippines alongside behind small-scale mining permits despite using large-scale various advocacy and sectoral groups on four municipalities of machinery and equipment, while others are actual Mineral Cagayan Province from September 18–19, 2010 concluded that Production Sharing Agreements legitimized by the Mining Act of observed magnetite mining operations along the Cagayan River 1995. Let us not forget how the Nicua Magnetite MPSA in in the municipalities of , Lal-lo and caused massive fish kills last year, a disaster waiting to happen worsened flooding due to bank erosion. The same was observed in Cagayan unless we put a stop to it,” the Defend Patrimony said in the magnetite mining-affected coastal communities in the in a statement. municipalities of Gonzaga and Aparri because of the destruction Defend Patrimony alongside the other national formations also of sand dunes and the disruption of the coastal sediment budget. called for support to House Bill 171 or the People’s Mining Bill, The EIM also concluded that magnetite mining contributed to the which Bayan Muna Rep. Zarate filed to promote environmental depletion of fisheries supply, noting observations of locals that safety and the reorientation of the mining industry towards fresh water mollusk known locally as Unnok and fish locally domestic, needs-based economic development.### known as Ludung were reported to have drastically decreased in supply post-mining. Reference: Clemente Bautista, national coordinator — Kalikasan PNE — 0922 844 9787 This was reconfirmed in a 2012 Environmental and Social Risk Isabelo Adviento, spokesperson — Kagimungan — 0935 556 0578 Appraisal led by Kalikasan PNE last September 8–10, 2012 where fish kills were reported by local fisher folk in the Kalikasan People’s Network for the Environment Lagoon where 50 percent of their local Malaga cultures perished between January and February 2012. The ESRA also noted that 7 Black sand mining: eroding livelihoods, destroying out of the 9 barangays they surveyed had varying reports of salt communities water intrusion, foul odor and discoloration and chemical ‘The impacts of magnetite mining operations in Cagayan contamination of deep wells and other fresh water supplies, Province are an indictment on the country’s flawed mining affecting the potable water supply and the agricultural land and policies.’- Defend Patrimony Alliance crop quality in the affected areas. By Marya Salamat “Thousands of our fellow Cagayanons and no less than Archbishop Sergio Utleg have joined our Bulatlat.com — long-standing calls for the revocation of all black sand mining http://bulatlat.com/main/2013/09/18/black-sand-mining-eroding-li permits in Cagayan. We brought our demands before the velihoods-destroying-communities/ Malacanang’s Cagayan Black Sand Mining Task Force, to which 18 September 2013 they promised an immediate investigation and stoppage of magnetite mining operations in the area. The people of Cagayan MANILA — Residents of Cagayan Valley, north of Manila, warned will remain vigilant and will hold Pres. Benigno Aquino III of an ongoing disaster in their province, one that will worsen and accountable for his office’s promises,” said Isabelo Adviento, affect people more destructively if the Aquino government fails to spokesperson of local peasant group Alliance of Farmers in stop black sand or magnetite mining soon. Cagayan (Kagimungan), a member organization of FEAC. Since 2007, residents of eight towns of Cagayan province where “The local Mines and Geosciences Bureau office in Cagayan have there are ongoing black sand mining operations have expressed ongoing operations to remove magnetite mining operations alarm at the effects of these mining activities. “The effects are within the prohibited area 200 meters from the shoreline. But now easily seen — houses are crumbling because the sand those that have been impacting on our livelihoods and safety are underneath it are getting eroded; rice fields are shrinking and we actually legal mines given permission by MGB and local are losing harvests as the fields are inundated by saltwater. governments, such as such as the Lutra Inc., Lian Xing Fisherfolk are reporting reduced catch. There is no other reason Philippines Stone Carving Co. and San You Philippines Mining behind all these but the continuing black sand mining in Cagayan Ltd. Inc. Some of these were just recently given renewed permits River and coastline,” said Ofelia Fuentes of Samahan ng

10 Kababaihan sa Buguey at Sta. Teresita during a press conference whether they are legal or not, contributed to the depletion of Tuesday September 17 in Quezon City. fisheries, salt water and chemical intrusion into the freshwater table, and worsened flooding in coastal and riverside With Fuentes, a hundred other members of various people’s communities,” said Clemente Bautista, national coordinator of organizations in Cagayan province arrived in Metro Manila last Kalikasan PNE. Monday September 16 to bring their demand for immediately stopping the “destructive” magnetite (also known as black sand) An Environmental Investigation Mission (EIM) conducted by the mining projects in the province right into the halls of Congress Center for Environmental Concerns — Philippines alongside and Malacañang Palace. Grouped under the Federation of various advocacy and sectoral groups on four municipalities of Environmental Advocates of Cagayan (FEAC), the Cagayanos Cagayan Province from September 18–19, 2010, concluded that were joined by national groups Kalikasan People’s Network for observed magnetite mining operations along the Cagayan River the Environment (Kalikasan PNE), Defend Patrimony! Alliance in the municipalities of Camalaniugan, Lal-lo and Aparri have against Mining Liberalization and Plunder, Taripnong-Cagayan worsened flooding due to bank erosion. The same was observed Valley and the Lakas ng Kabataan para sa Bayan-Cagayan Valley in the magnetite mining-affected coastal communities in the (Lakbay CV), among others. municipalities of Gonzaga and Aparri, because of the destruction of sand dunes and the disruption of the coastal sediment budget. Clem Siriban of Samahan ng Maliliit na Manininda sa Cagayan The EIM also concluded that magnetite mining contributed to the said in the press conference that the locals of Cagayan have been depletion of fisheries supply. The probe noted observations of very vocal in their opposition to black sand mining, but they were locals that fresh water mollusk known locally as Unnok and fish being ignored by authorities. locally known as Ludung were reported to have drastically “We have shouted out our No’s to black sand mining in meetings decreased in supply with the start of black sand mining. with village officials, but they still came out with resolutions in These findings were further confirmed in a 2012 Environmental favor of black sand mining,” Siriban said in Filipino. The and Social Risk Appraisal (ESRA) led by Kalikasan PNE last organized local communities now claim there is a “collusion” September 8–10, 2012. Fish kills were reported by local fisher among government officials from village level to the province. folk in the Buguey Lagoon, where 50 percent of their local They also suspected some legislators representing their province Malaga cultures perished between January and February 2012. of “protecting” all these allegedly illegal black sand mining The ESRA also noted that seven out of nine villages they operations. Senator Juan Ponce Enrile, they said, seems to be one surveyed were manifesting salt water intrusion, foul odor and of the biggest protectors, considering that all the hauled off discoloration and chemical contamination of deep wells and black sand in Cagayan pass through the Enrile-owned Cagayan other fresh water supplies. These, in turn, affect their supply of Special Economic Zone before being exported. potable water, their agricultural land and crop quality. “Thousands of our fellow Cagayanons and no less than Calls for an investigation Tuguegarao Archbishop Sergio Utleg have joined our long-standing calls for the revocation of all black sand mining Locals of Cagayan said the local office of Mines and Geosciences permits in Cagayan. We brought our demands before the Bureau in their province officially has ongoing operations to stop Malacañang’s Cagayan Black Sand Mining Task Force, which magnetite mining operations within the prohibited area, or areas promised an immediate investigation and stoppage of magnetite 200 meters from the shoreline. But, according to Adviento, those mining operations in the area. The people of Cagayan will remain impacting on their livelihoods and safety are actually the legal vigilant and will hold Pres. Benigno Aquino III accountable for mines granted permission by MGB and local governments. his office’s promises,” said Isabelo Adviento, spokesperson of These mines include Lutra Inc., Lian Xing Philippines Stone local peasant group Alliance of Farmers in Cagayan Carving Co. and San You Philippines Mining Ltd. Inc. “Some of (Kagimungan), a member organization of FEAC. these were only recently given renewed permits to operate, and Felix Mogado from Pamplona, Cagayan said their town has no we find it incredible how these operations have passed the black sand mining operation yet, but it has lots of applications, requirements of MGB and LGUs,” said Adviento. which they have been blocking. “We see the experience in (town Residents of Cagayan Valley province trooped Tuesday of) Buguey, where diggings are just left un-rehabilitated, some September 17 to the House of Representatives to seek support were done right beside houses. We don’t want it to happen to our for their calls, and to push for legislative initiatives bolstering communities. Local officials and those in municipal levels, and their campaign against magnetite mining. Bayan Muna higher ups, we know they are there, allowing all these. That’s Representatives Neri Colmenares and Carlos Zarate co-authored why we demand an investigation of all involved in local House Resolution 300, directing the House Committee on government units, Mines and Geosciences Board (MGB), Ecology to conduct an investigation in aid of legislation on the Department of Environment and Natural Resources (DENR), magnetite mining operations’ ecological impacts, as well as Congress, (to probe) if they’re colluding to protect black sand suspending or stopping magnetite mining operations while the mining operations.” review is ongoing. “At least 53,684 hectares of coastal lands and foreshore areas in Bayan Muna Rep. Zarate said there is an urgent need to conduct Cagayan are currently covered by magnetite mining operations a comprehensive investigation of the participants to these mining that have, over time, caused the erosion of northern coastline operations, and for the government to immediately stop giving and the riverbanks of Cagayan River. Studies and scientific new permits. There is a need also to rehabilitate the sites where investigations of magnetite mining areas in the province have blacksand mining were conducted, and to compensate concluded that black sand mining operations, regardless of

11 communities whose houses, water supply and livelihood were the coastal towns of and Pangasinan, they added. destroyed. Zarate estimates that the costs of destruction and loss Black-sand mining contributed to the depletion of fisheries, salt livelihood may already be running into multibillion pesos. water and chemical intrusion into the freshwater table, and Zarate added that at the very least, there is inefficiency, and at worsened flooding in coastal and riverside communities, worst, collusion, given that there were already cease and desist according to Clemente Bautista. orders by MGB yet black sand mining still persists. Cagayanos Bautista is national coordinator of People’s Network for the blamed their government leaders from Gov. Alvaro Antonio to Environment (Kalikasan PNE), one of the groups that joined their town mayors and village officials for continuing to allow the FEAC during Tuesday’s protest rally. destructive sand mining despite their opposition. They showed the media copies of documents revealing that in fact, some Results of an environmental investigation mission (EIM) village officials are in the payroll of black sand mining conducted by the nonprofit Center for Environmental companies. The gets p15,000/month, each Concerns-Philippines revealed that observed magnetite mining Barangay council members P9,000 per month. Town mayors, said operations along the Cagayan River in the municipalities of Cagayanos, are the ones who endorse black sand mining for Camalaniugan, Lal-lo and Aparri worsened flooding due to bank approval of governor. erosion. The study was done in 2010 and covered four municipalities of Cagayan province. “The impacts of magnetite mining operations in Cagayan Province are an indictment on the country’s flawed mining The same was observed in the magnetite mining-affected coastal policies. Despite the passage of Aquino’s Executive Order 79, the communities in the municipalities of Gonzaga and Aparri because scourge of magnetite mining remained unaddressed — some hide of the destruction of sand dunes and the disruption of the coastal behind small-scale mining permits despite using large-scale sediment budget. machinery and equipment, while others are actual Mineral Production Sharing Agreements legitimized by the Mining Act of The EIM also concluded that magnetite mining contributed to the 1995. Let us not forget how the Nicua Magnetite MPSA in Leyte depletion of fisheries supply, noting observations of locals that caused massive fish kills last year, a disaster waiting to happen fresh water mollusk known locally as unnok and fish locally in Cagayan unless we put a stop to it,” the Defend Patrimony said known as ludung were reported to have drastically decreased in in a statement. supply post-mining.

Defend Patrimony and other national formations urged the public A 2012 environmental and social risk appraisal by Kalikasan PNE to support House Bill 171 or the People’s Mining Bill, which last year linked mining to the fish kill reported by local fisherfolk Bayan Muna Rep. Zarate has filed to promote environmental in the Buguey Lagoon. safety and reorient the mining industry towards domestic, The report also noted that seven of nine barangays surveyed had needs-based economic development. (http://bulatlat.com) varying reports of salt water intrusion, foul odor and Cagayanos protest massive ‘black sand’ mining discoloration and chemical contamination of deep wells and other fresh water supplies, affecting the potable water supply Written by Jonathan L. Mayuga and the agricultural land and crop quality in the affected areas.

Business Mirror Isabelo Adviento, spokesman of FEAC ally Alliance of Farmers in Cagayan (Kagimungan), said they are still awaiting results of the 17 September 2013 probe by the government’s Cagayan Black Sand Mining Task MORE than a hundred members of an environmental group in Force. Cagayan province traveled to Metro Manila to lobby for a law Adviento added that the local mining and geosciences bureau in regulating “black sand” mining. Cagayan have ongoing operations to remove magnetite mining Their members trooped to the House of Representatives building operations. in Quezon City on Tuesday to solicit support and legislative However, he said those that have an impact on the livelihood and initiatives contributing to their campaign against the extraction safety of the people are actually legal mines given permission by of magnetite sand in the province. the Mines and Geosciences Bureau and local governments, such According to a statement by the Federation of Environmental as the Lutra Inc., Lian Xing Philippines Stone Carving Co. and Advocates of Cagayan (FEAC), around 53,684 hectares of coastal San You Philippines Mining Ltd. Inc. Some of these companies lands and foreshore areas in the province are covered by were just recently given renewed permits to operate, which magnetite mining operations. They blame the mining for the Adviento said he finds “incredible.” erosion of their northern coastline and the riverbanks of the Another group, Defend Patrimony, said that some activities hide Cagayan River. behind small-scale mining permits despite using large-scale The group wants Malacañang and the country’s lawmakers, machinery and equipment, while others are actual Mineral through the Senate and the House of Representatives, to address Production Sharing Agreements legitimized by the Mining Act of what they describe as plunder of the country’s mineral wealth. 1995.

“Magnetite is rich in iron. Mining companies export magnetite, mostly to China, illegally,” the group alleges in the statement.

Aside from Cagayan River, magnetite mining is also rampant in

12 Referencias

1.^http://newsinfo.inquirer.net/489741/firm-offers-marinduqu e-20m-for-phs-worst-mining-disaster (newsinfo.inquirer.net)

2.^www.lrcksk.org (www.lrcksk.org)

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