FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE

INDUSTRIES IN THE PROVINCES OF DEL NORTE AND DINAGAT

ISLANDS

Gateway Hotel,

October 13-14, 2016

Table of Contents

Page Context 3-5 Rationale 3 Overall Goal 4 Specific Objectives 4 Expected Outcomes and Outputs 4 Methodology 5 Logistics/Materials 5 Proceedings: Day 1-October 13, 2016 6-27 Registration/Billeting 6 Opening Ceremonies 6 Expectation Check 7 House Rules 7 Objectives of the Forum-Validation 7 Opening Message 8 Discussion Proper 9-10 Salient Findings of the Scoping Study 9-10 Open Forum 11-13 Workshops: Stakeholders’ Responses to the Salient Findings of the Scoping Study 13 Workshop Outputs 14-27 DENR/MGB//EMB/PLGU SDN 14-16 Greenstone Resources Corporation, Tubod, Surigao del Norte 16-18 Mining Corporation, Cagdianao, Province of 19-20 AAM-PHIL Mining Corporation, Loreto, Province of Dinagat Islands 21-22 Taganito Mining Corporation, Claver, Surigao del Norte 23-27 Proceedings: Day 2-October 14, 2016 28 Preliminaries 28 Recapitulation 28 Presentation of Opportunities for Convergence, Transparency, Participatory Approaches 29 for Extractives Industries Action Planning 30-34 Synthesis 35 Closing Ceremonies 36-38 Feedback Evaluation 39 Annexes

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CONTEXT

Philippine Grassroots Engagement In Rural Development Foundation, Inc. (PhilGrassroots-ERDF) PCU-UTS Campus, Dasmarinas, , 4118 Office Cel. Numbers: 09152684868/09189141451; email address: [email protected] Dinagat Field Office: Purok Uno, Poblacion, San Jose, Dinagat Islands Office Cel Numbers: 09473608703/09189141451;email address: [email protected]

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1. TITLE OF ACTIVITY: 2. ACTIVITY CODE:

FORUM-VALIDATION ON RESULTS OF SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS

3. PROPONENT and Office 4. CONTACT 5. LOCATION 6. PARTICIPANTS Address: PERSON(S): GATEWAY HOTEL, - Senior Managers of Concerned Philippine Grassroots Surigao City Mining Companies Engagement in Rural

Development Foundation, 7. DATE - LGU Representatives Inc. (PhilGrassroots-ERDF) - CSO Representatives Y.C. James Yen Center, October 13 - 14, 2016 - Community Representatives Silang, Cavite 4118 Philippines

Tel No. 0063 46 4143215 - NGA Officials

Celphone Nos.: 0918 9141451 - PhilGrassroots Staff email: [email protected] -USAID Representative -Bantay Kita Representative

Rationale

The Scoping Study has unveiled important and sometimes critical information. This information could not be divulged to the public without first being subjected to validation by the subject Mining Companies, the concerned Local Government Units, National Government Agencies, Civil Society Organizations, and Community Representatives.

Indeed, it is incumbent upon the Scoping Study Team to hold a Forum-Validation before the Report shall be finalized to give the concerned a proper forum to air their sides on all relevant issues. Alongside with the validation process is the intention to come up with Plan of Actions in order to address some pressing issues that are unveiled by the Scoping Study.

Overall Goal

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The main goal of the activity is to present to the concerned the salient findings of the Scoping Study for their comments and suggestions as well as come up with Plan of Actions relevant to the salient findings of the study, to include but not limited to the coming of Convergence Strategies.

Specific Objectives

1. To gather various stakeholders in order to discuss and critique the results of the Scoping Study;

2. To allow the stakeholders to air their sides on the salient findings of the Scoping Study;

3. To let the Scoping Study Team acquire some information/data/insights that need to be considered in the writing of the Final Report;

4. To come-up with Plan of Actions relevant to the salient findings of the scoping; and

5. To explore some areas that would cater to some form of Convergence Strategies among stakeholders.

Expected Outcomes and Outputs

The activity is expected to generate relevant and reliable data/information that need to find some spaces in the Final Report as well as some form of ownership of the same report on the part of the stakeholders. The same activity is expected to come-up with Plan of Actions relevant to the salient findings of the scoping and is expected to explore some areas that would cater to some form of Convergence Strategies that may be useful in answering pressing issues that characterize the extractive industries.

Methodology

1. Lecture/Presentation of Salient Findings 2. Validation Workshops 3. Planning Sessions 4. Plenary Presentations/Discussions

Logistics/Materials

1. Summary of Salient Findings per Mining Company

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2. PowerPoint Presentation of the Salient Findings 3. Programme/Flow of the Activity 4. Planning Matrix 5. Planning Supplies (pentel pens, papers, etc.) 6. Accommodation, Food of Participants 7. Transportation Allowances of Participants 8. Honorarium for Facilitators and Documenters

PROCEEDINGS: Day 1-October 13, 2016

Registration/Billeting Early at 8:00 o’clock in the morning of October 13, 2016, the registration of participants commenced byregistering their names in the attendance sheets and providing them with kits. Arrangement of accommodation and meals were also facilitated for the convenience of the participants.

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Total of fifty-four (54) participants attended the 2-day forum-validation with 31 (57%) male and 24 (43%) female.Annex A: Attendance Sheet

Opening Ceremonies The opening program started at1:45 in the afternoon with Ms. Paula S. Dumaguing, Project Officer, Foundation for the Development of Agusanons, Inc. (FDAI) acted as EMCEE/facilitator. An opening prayer was led by Ms. Nida Lonales from Loreto, Dinagat Islandsand followed by the singing of the Philippine National Anthem conducted by Dresian M. Simbajon, from Esperanza, Loreto, Dinagat Islands. The introduction of participants was done individually to mention the name, sector represented and their favourite song (“kung ikaw us aka kanta, unsa ikaw?)

 Expectation Check

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The participants was given time to write their expectations using meta-cards and posting it to the board. Expectations were categorized into four (5), namely: venue/food, flow/facilitations/resource person, content/presentation, participants, and methodologies. Below were the processed expectations, to wit:

Venue/ Flow/ Facilitations/ Content/ Participants Methodologies Food Resource person Presentation

Venue: • Clear presentation/ • Clear/ • Open minded • Not boring discussion understandable • Not kill-joy • Over cold • Two-way • Joker/have sense of • Simple • Pro-active • Regular method humor/not boring/ • Substantial and • Participative coolness • Simple joke sometimes/jolly informative • Cooperative • • • Lectures more Food: Not so fast Brief & concise • Active • Sequence/well • factual participants on “bisaya” • More fruits, organized • Time conscious • Step by step

vegetables, • Handsome/ beautiful • Games fishes and • Knowledgeable coffee • Excellent speaker • Apple juice, with vital statistics camote, • Responsive/ calibre welcome • Delicious • Conversational and • Articulate nutritious

 House Rules • Start and end on time • Participants and organizers should be time conscious

 Objectives of the Forum-Validation 1. For various stakeholders to: • discuss and critique the preliminary results of the Scoping Study • air their sides on the salient findings • explore areas of possible convergence • agree on a Plan of Action relevant to the salient findings 2. For the Research team to gather more inputs and insights on the study results which will be considered in drafting the final report

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 Opening Message

Ms. KathlynPauso, Grants Coordinator, DAI – USAIDgave her welcome message by expressing her grateful appreciation of seeing each other again after four (4) months. She highlighted on the consideration of mining as big faction of livelihood, however it posed high environmental cause to host communities. Therefore, she cited that this study attempts to understand the cost-revenue of the project so that the community shall work together to perhaps resolve any issues/concerns.

 Setting the mode of the forum-validation workshop through presentation about the “Sweet potato, egg and coffee”. Reflection was then followed.Annex B. PowerPoint Presentation of sweet potato, egg and coffee

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DISCUSSION PROPER

Topic Presentation: Salient Findings of the Scoping Study Speaker: Mr. Buenaventura Maata, Jr. , PhilGrassroots-ERDF Length of Talk: 2.5 hours Number of PowerPoint slides: 54 slides Annex C. PowerPoint Presentation of Salient Findings of the Scoping Study

The presenter explained primarily the title of the study in vernacular. He emphasized on two (2) things such as the environmental protection, conservation and sustainability; and mineral extraction. Below were the sub-topics being expounded during his presentation, as follows:  Backgrounder  Objective of the study

 Convergence, Transparency and Participation Framework  Approach and Methodology o Systematic Exploratory Design o Purposive Selection of Study Sites  Major Activities o Orientation on the project design o Assessment on awareness & technical skills o Assessment o Data gathering procedures o 67 interview with 267 respondents in 4 mining companies, LGUs, and host communities o Analysis of data sets using SPSS program o History of the Extractive Industries in Surigao del Norte and Dinagat Islands

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o Caraga biggest resource lies beneath its land . Rich in Mineral Resources  Community Participation and Social Development Initiatives o Initiatives o Value Chain o Extent of Participation o Level of Participation o Mode of Participation  Mining Operations o Exploration  Revenue Shares, Taxes, Fees and Other Legal Obligations (2013-2015 (August 2016) 1.7 billion; environment – 200,000*  Audit and Disclosure Requirements  Environmental Sustainability o Awareness o EIS o Environmental Management Plan (EMP) o Siltation and Dead Corals o Contingency Liability and Rehab Fund (MMT) o Social Development & Management Fund o Development thru SMPS; DRRM  Conclusions  Essential Action Forward

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OPEN FORUM (Question and answer portion after the presentation of Mr. Buenaventura M. Maata, Jr.)

Question#1. LGU-Cagdianao SB Member Carlos G. Eludo raised his commentthat the presentation was good; however, he wanted that any complaints from the people/ shall be easily addressed by the mining company. He suggested that mining companies shall have their main office establish in the locality or in this area will be in Surigao City and not in /Makati City. Moreover, he commented about national wealth share which found time- consuming in following it up and in transferring the fund to concern barangay or municipal.

Answer: Mr. BM Maata, PhilGrassroots-ERDF shared cases like few barangays received their national wealth share easily; while some barangays spent more time & money during follow-ups in Manila/Makati City just for funds transfer. He hoped that in this new Administration/President could help in the processing. He said that the above suggestions were noted specifically on shares and revenues.

Question#2. Mr. Roel T. Paniza, cited that the process undertaken found it very good. However, he questioned on where will be the gaps: is it in the laws or is it in the implementation?He said that “the blame usually thrown to mining companies; but the issue here was ‘who allows the mining company to abuse? Perhaps, the blame would be tomany sectors (community, religious and civil society organizations) and not only to mining companies. He then suggested that “if we engage in a dialogue, we need the openness and willingness to listen to be able to reach the goal”.

Answer: Mr. BM Maata, PhilGrassroots-ERDF summarized the opinion of Mr. Paniza the need to have dialogues with mining companies, community, religious sector and other sectors with the participants’ openness and willingness to listen different views.

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Question#3. Leonila C. Gajol in Brgy. Panamaon, Loreto, Dinagat Islands cited the issues related to the Multi-partite Monitoring Team (MMT) activities of which she was not clarified of their roles. She was also concerned on the issues raised from MMT which might not be tackled in the Mine Rehabilitation Fund Committee (MRFC).

Answer:Mr. BM Maata, PhilGrassroots-ERDF noted the concern on the standardization of procedures and tools for MMT then to the level of MRFC. It could be consolidated into a manual of operations.

Question#4. SB-Loreto Mr. AbsalonP. Colandog emphasized the profit-oriented attitude of the people about mining and the political will of the company to implement the mitigating measures. He further mentioned that mining companies without mining engineer and that most owners were Chinese. He suggested to find solution within us particularly on the flexibility of the implementation e.g. in the Ore Transport Permit (OTP).

Answer:Mr. BM Maata, PhilGrassroots-ERDF said that we need to document all those issues presented and to bring it to higher level because this is not only the concern of the mining companies but by everybody towards a convergence initiatives.

Question#5. Ms. Ruperta Sida from Brgy. Valencia, Cagdianao, Dinagat Islands inquired about royalty tax if the barangay could avail. SB Culandog also commented on the delayed released of fund to barangay and municipality, perhaps because of boundary conflict.

Answer:Ms. Beverly P. Besmanos, Sub-National Coorindator, Bantay Kita- Publish What You Pay Philippines encouraged LGUs/Local Chief Executives (LCEs) to establish boundaries with the government agencies (DENR). She explained about National Wealth Share vis-à-vis Royalty Tax. To have equality in the sharing, she suggested that the LGU through Sanggunians to establish clear areas covered in the mining operations and to calculate how much really a certain barangay will receive.

Question#6. Barangay Captain Renieboy S. Tillo, Brgy. Valencia, Cagdianao, Dinagat Islands mentioned that there were barangays not covered in the Mineral Production Sharing Agreement (MPSA) but included in the release of national wealth share.

Answers:Ms. Beverly P. Besmanos, Mindanao Sub-National Coorindator, Bantay Kita- Publish What You Pay Philippines suggested to further discuss this concern during the action planning workshop and include in the activities the mapping of mining operations and technologies to identify the real beneficiaries- communities and IPs legible to avail benefits from corporate social

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responsibility.

Mines and Geosciences Bureau (MGB) personnel Christine A. Apale expounded about Multi-partite Monitoring Team (MMT) that the company shall submit their accomplishment report as basis for the MMT to validate. Their accomplishments shall be based from their Environmental Protection and Enhancement Program(EPEP). She emphasized that the member of MMT should be keen enough whether the reported accomplishments were really performed by the company. She admitted of having no standard tool for MMT. On the other hand, she explained on the issues not being tackled in the MRFC. She presented an option to really have the commitment sheet duly signed by concern mining company and to endorse it to respective mayors for information and appropriate action. With this, it will really be tackled at the MRFC.

Question#7. SB-Loreto Mr. Absalon P. Colandog queried on compliance of mining companies regarding the Final Mine Rehabilitation and Decommissioning Fund (FMRDF). He commented that MGB had no action about it.

Answer:Mines and Geosciences Bureau (MGB) personnel Christine A. Apale stressed out that the mining companies should have their FMRDF deposited to government bank. Non-compliance to this shall be tackled during MMT then to MRFC. This year MGB sent letters to mining companies calling their attention deposit their FMRDF and present proof of their deposits.

Workshops: Stakeholders’ Responses to Salient Findings of the Scoping Study Per Mining Company Stakeholders

Workshop Mechanics: • Breakout groups by 4-mining companies and another group for DENR/EMB/MGB; • Then within the group shall have another breakout groups for LGU, Mining Companies & CSOs; • The facilitator assigned shall be responsible in orienting the workshop template and in responding queries. However, resource person may support in the facilitation; • Per group have their assigned workshop tables; and • Outputs shall be collected before dinner (7:00PM) by the facilitator.

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Workshop Outputs:

DENR/MGB/EMB/LGU Prov. SDS

1. Michael B. Tuares –EMB13 2. Norberrto J. Alolo – LGU Prov. SDN 3. Peter B. DEjolde – DENR SDN 4. Bedar R. Imam – PENRO SDN 5. Bonifacio, Modanza – PENRO-SDN 6. Christine A. Apale –MGB SNSRS

FINDING/ISSUES COMMENTS/ REPONSES SUGGESTIONS FOR FUTURE ACTIONS TAGANITO MINING CORPORATION A.) Community Participation 1. Less involvement/participation of the 1. The company should consider the 1. Less CSOs involved during pre- community members/CSOs on the conduct of concerns of CSOs, and the CSOs also should project development phrase Environmental Impact register and be eligible. Assessmet 3. Only TMC conduct IEC campaign 3. It should be that the LGUs updates the 3. Joint conduct of IEC to communities should to the community current issues also on Environmental Impact of be implemented and also the current mining to the community issues/concerns/information of the project be addressed. 5. Two important concerns are The company's commitment, appropriate identified - One, the MGB, EMB, mitigating measures and monitoring LGUs and Community agreed to the requirements contained in the EIS, particularly mining operations; two, the possible in the Environmental Management and impacts and mitigating measures on Monitoring Plan shall be fully instituted. possible geologic risks and hazards.

6. The importance of EIS Document 6. The company should implement all the 6. The EIS document shall be reviewed from Environment Impact and Management Plan on the top management to the concerned their EIS & the mitigating measures personnel. If there's a need to amend the EIS document, then they should verify the EMB to incorporate he said amendment.

8. Enlighten the stakeholders 8. The NLAs conducted trainings to the 8. Send the responsible person, not jus one, companies but maybe more personnel to attend the training.

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FINDING/ISSUES COMMENTS/ REPONSES SUGGESTIONS FOR FUTURE ACTIONS 11. Issues/Concerns/Questions from 11. The company should incorporate the 11. Conduct IEC campaign to the community the community concerns of the community to their plans & address issues/concerns/questions. implementation

12. MLGU & PLGU did not initiate 12. Part of getting Local/National Clearances 12. If there's a need to initiate public consultation before the establishment and permits involve the MLGU/PLGU. Thus, consultation, they could coordinate the LGUs of TMC said consultation was surely implemented (ex. for better results. public hearing, public scoping, & public consultation) Coordination of the Marine eco- The company should provide mitigating system raised concerns from the measures. Conduct water sampling if the LGUs and fisher folk in Claver. They quality of the water is still within standards. reported decreasing fish catch and Provide setting ponds/wastewater treatment the increasing levels of siltation was facility. This issues must be tackled during the observed during the short dive done MMT & MRFC for it be resolved. Provision of by the team. necessary storm drainage and diversion 5. Two important concerns are The company's commitment, appropriate canals, concrete culverts, and other flood identified - One, the MGB, EMB, mitigating measures and monitoring control measures to adequate receive and LGUs and Community agreed to the requirements contained in the EIS, particularly channel the silt-laden runoff away from mining operations; two, the possible in the Environmental Management and natural receiving bodies of water. impacts and mitigating measures on Monitoring Plan shall be fully instituted. possible geologic risks and hazards.

CAGDIANO MINING CORPORATION A1. CMC Pre-Project Development It was done only to the limited offices This must be consider the formulation of Phase was mentioned to have been report because it is a must requirement done. before the mining company to have consultation that involves the community. A6. Concerns and issues related to The CMC before and during the mining Transparency must at all the time be the establishment of CMC beofre and operations are not properly documented implemented for the better and success during mining operations are not operation of CMC. clearly documented and clearly laid out in any document of he LGUs and the CMC. A9. MGB, EMB, and PENRO that Yes, NLAs-MGB, EMB are the agencies The DENR is only responsible for the were supposed to enlighten the other responsible for the monitoring of EIS. inventory of trees to be cut, the nursery stakeholders on the implications of establishment and if the operating company the EIS and other mining related affects the foreshore areas. plans that may emanate from a summarized document. A19. CMC-initiated numerous Operating of the company affects the foreshore Scholarship of the youth must be included activities such as: Coastal clean-up, areas. (Education) Feeding program to children, training on livelihood, Radio Program, and etc. However, the design documents of these activities were not available.

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FINDING/ISSUES COMMENTS/ REPONSES SUGGESTIONS FOR FUTURE ACTIONS D1. Level of awareness on Still needs further improvement The mining company/CMC shall be environmental sustainability and responsible for the environment sustainability overall ecosystems interaction still with the cooperation of MGB, EMB, DENR needs further improvement among the different stakeholders Theres no specific involvement of MLGUs and BLGUs may be interested in taking MGM has to require mining companies to MLGUs and PLGUs before the active involvement but they're not properly ensure that MLGUs and PLGUs shall be establishment. They're only active notified of the conduct of pre establishment properly notifiedd of all phases of pre during MMT & MRFC. activities establichment activities.

Mining operations has not been fully Fish kill incident in Lake was suspected Comrel of the company has to find ways to responded, eg. Farm land to have been accused by waste bring the concern of the affected sectors to contaminations, irrigations was the company's top management. destroyed by contructors of acess road Interviews confirmed that MLGUs like Municipality of Mainit is MGB has to initiate dialogue among the reconcialation of revenues have not complaining about their share representatives of LGUs, MGM, EMB, BIR & been done among the major mining campany. stakeholders- LGU, MGM, EMB, BIR, mining company. 

Tubod-GRC Group:

1. Joel M. Pacatang 2. Israel M. Yabut 3. Melanie F. Valenciano 4. Paul Ker Jay S. Escasura 5. Roel T. Panez

STAKEHOLDER FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS GRC A1 Undefined policies/guidelines for CSOs to be Should have well defined policies and involved in the pre-Project development phase structures of the municipality on the role of the mining company of the CSOs in any development intervention in their locality. A2 Strengthen responsibility of LGUs and the community leaders to ensure informed decision and awareness building A3 Need to formulate policies that they are Should have clear policies/guidelines responsible to conduct IEC that it is part of their role to conduct IEC A5 Need to verify/justify all mining companies are 17 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

STAKEHOLDER FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS required to be socially acceptable project – as part of social license to operate

It is very clear in the Mining Act 0f 1995 and required to secure endorsements from the BLGUs A71 No clear mechanisms, guidelines and process Issuance of clear policy guidelines of of integrating the EIS in the plans of LGUs and integrating process of EIS in the LGU committees community plan either thru a DAO or JMC 7.1 OK 7.2 Very broad, does not refer to what kind of mining activities in the locality. Identification, planning and actual implementation of socio- economic, livelihood, health and infrastructure projects and activities involved in the BLGU, MLGU and sometimes the NGAs 7.3 Yes, there are confusions, but during the process thru the conduct of IECs the issues and concerns were clarified 7.4 BLGU, MLGU and PLGU are well informed of the project because part of the requirement is to secure endorsement from the BLGUs that the project is socially acceptable. Consultation /coordination was established and carried out prior to the actual operation 7.5 Strengthen participation / involvement of CSOs, LGUs in the sustainable mining development activities

B1 OK B2 OK B3 GRC provides full disclosure of company information of all its report to EMB, MGB thru reported documents and update of its accomplishments with the presence of CSOs, NGOs, MLGU and PLGU. Ba Company follows and fully comply with public There must be a clear guidelines from disclosure requirement of all regulatory regulatory bodies on the level of agencies, both in the local and national level. information that Bb Not true. There is official information to BLGU, There must be clear guidelines from CSOs, MLGU and PLGU on the transition from regulatory bodies on the level of crew pit to tunnel/underground mining. information that should regulate in Information is fully disclosed during IEC and terms of info dissemination/disclosure one-on-one dialogue. to community. Bc It has been shared to all. Bd The issue had been repeatedly validated by the group of Sec. Gina Lopez, but found untrue and unfounded. The issue was independently validated by CSOs known to an anti-mining 18 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

STAKEHOLDER FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS official report declared not true. GRC was one of the 11 mining companies that passed the audit conducted by DENR, CSOs, NGOs.

C1 Updates are provided during MFRC meeting held by LGUs C2 Can be accessed thru MGB Office C3 #2 is inconsistent with C3 C5 c/o Barangay C6 GRC is regularly audited by 3rd party and government agencies

D1 More info campaign D2 OK D3 Not true. Current fund of FMRDP is higher Get update from MGB of total fund of compared to the previous year FMRDP or you can access info thru our EIC presentations D5 Correct D7 Not true. There are reports. These are part of Copy of these reports can be accessed our compliance thru MGB D8 Not true. We are regularly conducting IEC and we are presenting our envi work program, including its accomplishments. D10 Not entirely true. All required funds are Will include the MWTF in our presented during IECs including other required succeeding IECs payments except FR MWT D11 All EWP/EPEP programs total cost of MRDP is part of the IEC, this can validated in the existing IEC presentations D12 Full disclosure of SDMP including safety are integral part of presentations during IEC disclosed and presented during monthly PMRB’s meeting and CTWG meeting D13 GRC fully comply with existing guidelines of Revisit and, should there be a need, the membership of MMT which also include revise MMT guidelines on membership CSO members identified by MGB issued by MGB as defined by existing laws

E1 Data are all useful in our day to day activity to monitor that the company are all in compliance to existing DENR laws E2 EMB/MGB are E3 No Comment E4 Correct E5 Reports are regularly provided to regulatory body as part of GRC compliance E6 Correct, we are compliant E7 --- EA Correct. We have an equipment to monitor and

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STAKEHOLDER FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS provide real time data EB --- EC OK, formulated/available at H/S Dept of GRC ED GRC regularly joined the contest and continuously enhanced our safety team (DRRM Team) as member of MDRRM EE Involve all stakeholders and formulate and pursue open dialogue and formulate appropriate policies to improve transparency and accountability and participation of all stakeholders. (No man is an island) BLGU Waste Dump Rock The residents of Brgy. Cawilan are in danger Just pray that there will be no landslide when it rains Open pit There is a huge crack in the soil. Be cautious Rising level of Tailings The Magpayang River and the farm area will Transfer the tailings dump dike to Dump Dike be in danger another area 

CMC-Cagdianao Mining:

1. Rudilyn C.Horca

2. Renieboy S. Tillo 3. Carlos G. Eludo 4. Norberto L. Osorio

5. Ruperta S. Seda 6. Abdulia A. Valiente

STAKEHOLDER FINDINGS / ISSUES COMMENTS/ RESPONSES SUGESTIONS FOR THE FUTURE ACTIONS CMC • Involvement of LGU • At least one of the (1) SB • Send communication prior of member will participate in holding MRFC MRFC • Revenue Share • Proper apportioned of share • Prompt payment of revenue from Municipality and share Barangay • Environmental Sustainability • LGU had passed of the • The company act or approved environmental hazard memo or ordinance • Marine sanctuary • Help the barangay Officials • Employ BPLK paid by CMC establish marine sanctuary CAGDIANAO - • There is Involvement of the LGU • Participation of the LGU are • Evaluate the Social 20 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

STAKEHOLDER FINDINGS / ISSUES COMMENTS/ RESPONSES SUGESTIONS FOR THE FUTURE ACTIONS LGU already enhanced Development Management Plan (SDMP) • • There is no transparency • The salary of the employee of • No answer • No consultation happened to the mining company below the community before the minimum wage implementation of the project • The employees asked the mining company management to increase their salary • The project of the mining used • host and neighbouring by the politicians as their barangay fully disclosure all accomplishments in order to the transactions of the mining have higher vote during company elections • Signage on Hazard • The implementation is on- • Need to put-up a signage as going soon as possible according to the requirements • Plan on the DRRMC/ CGA • No answer • No answer • Low salary • • CSO • Lack of implementation • Need • No answer • for more improvements on the implementation • No transparency of all transaction • The community lack of • As of now there is already a • awareness regarding the project changes happened • No clear implementation of the • policies • Today the mining company • Some supervisors there is no • Management of the company become more responsible of fare treatment to the people in will consider the performance their operation the community of the employees • Established and implemented livelihood program • Good relationship with the CSO • Scholarship for Elementary school and high school 

21 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

AAM-PHIL Mining:

1. Eleunda Guntinas -FInance 2. Cherry C. Pagalpalan - Comrel 3. Arnel Atipongan - MEPEO 4. Jessie Peroda – Envi Manager

BLGU Panamaon:

1. Brgy. Capt. Leonila C. Gajal 2. CSO-Nida C. Conales 3. CSO-Angel Glory C. Gajal

BLGU-Esperanza:

1. Brgy. Capt. Alan L. Limpuasan 2. CSO-Eugenio M. Jimenez 3. CSO – Marites R. Limpuasan 4. CSO -Dresian M. Simbajon

STAKEHOLDERS FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS AAM-PHIL

CSO A.5 Piglets and pigs distributed in the The community should decide where to community have the same prices buy on the price they can afford because the community will be the one to raise the pigs Some hired workers are Workers who were close to the Mayor Give chance to other workers who also also recommendation from were the one who has the opportunity wanted to have the kind of work Political leaders to work as Trapal boys There were complains There were complains about farm There should be specific agency that about farm situation along situation along the road and owner handles issues and concern (silted farm the road and owner demands payment rather than repairs affected in mining operation) demands payment rather than repairs Regular maintenance of Some roads from other mining Roads should be maintained religiously roads used by all mining companies like Century is not especially during rainy season because it companies maintained can affect the community dwellers and transportation Open up dialogue between Requirements especially Mayors permit If mayors permit will not be issued or local officials in the BLGU is not signed but was paid and given signed payments should not be and MLGU re: hiring of official reciept happened. labourers

22 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

STAKEHOLDERS FINDINGS/ISSUES COMMENTS/RESPONSES SUGGESTIONS FOR FUTURE ACTIONS A.5 No trainings conducted and SDMP was That the company will conduct different not fully implemented kinds of livelihood training and will implement SDMP religiously A.6 AAMPHIL assisted neighboring Percentage of educational assistance will barangay thro their 12% of 1.5 % be maintained and sustained ASDMP as educational to elementary and high school. 20 Issues and concerns were true The company will resolved seriously the dissatisfaction regarding the issues and concerns LGU Municipal LGU has no Municipal LGU must have representatives participation in SDMP in SDMP

The company has no in The company should purchase in house house equipment equipments

AAMPHIL does not have Mining Devt Plan is not followed Oblige the company to hire regular mining Engr mining Engr

Municpal LGU has no Municipal LGU must have regular MMT Regular MMT member member

The company is not Oblige the company to deposit FMRDF religiously depositing base on the present competition FMRDF AAMPHIL Livelihood project - SDMP No training Need trainings

Company only purchased Participation of the CSO’s and BLGU transparency on SDMP projects during purchasing IEC/CTWG Conduct quarterly Need to conduct quarterly

scholarship Need DMTG budget for scholar Counterpart scholar for college student

In house equipment Backhoe dump truck for road repair, drainage, canals and safety beams Manual of operation (MOO) Finalization of MOO Two regulatory agency should sit down and agree on finalizing the MOO o help the company on who should be followed. Revenue share #17 natural wealth share fund should have allocation in primary roads of the host barangay and bridges 

23 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Claver:

1. Charesma Exclamado

2. Felias, Mark Vincent Junel 3. Ramil Taliman Daya 4. Zilla Mae L. Jugar

5. Jenny Liza A. Arniego 6. Randulp A. Gabunada 7. Florelyn O. Regulada

8. Lucrecia Lasang 9. Reynalyn A. GAbunada 10. Arnel C. Urbiztondo

11. Nestor E. Urbiztondo 12. Anthony Francis L. Lopez

Stakehold Suggestions for Future Findings/Issues Comments/Responses ers ACtions TMC #1 The participation of the existing CSOs in the Pre-Project Streamlining of Come-up with strict guidelines Development Phase of the GRC was less palpable because concerned agencies to strictly implement the the CSOs have not yet been fully organized in the expected outputs and determination of the municipal’s inclusive development measures stated in the EIS. strategy EIS should always be the baseline for planning and program implementation #16 Responses on the concerns and Issues: Challenges and Strengthening local  There are perceptions that the company and the host unsuccessful outcomes enterprises and cooperatives communities is more concerned with compliance in the of projects due to and development of trainings SDMP, sidelining the social impact among the locals proponents to job-ready skills-related who are affected by the projects (e.g. too much fund, too soon and less capacity of manage); indecisiveness and programs  The perception that TMC has greater clout in decisions values of the project as a company as against the inadequate capacities of being implemented the locals;  There are no policy sharing and discussions on the processes and criteria on how support are provided by TMC.  SDMP Support is according to expressed need basis. #17 Some conditions that may have indicated some issues Flora and fauna Company will be on the social acceptability of the mining operations-- assessment done implementing this  The locals’ unpleasant experiences with some projects during EIS document assessment in 2017 e.g., the perception that the company has gained preparation financially at the expense of the welfare of the locals and the environment; and the compensation of the labor workers (salary increase and problems in the construction materials provided in the project)  The commitment of TMC to respond to the poverty situation of the locals through the programs that may 24 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Stakehold Suggestions for Future Findings/Issues Comments/Responses ers ACtions have strengthen dependency vs. initiating empowerment of the locals;  Information, Campaign and Education (ICE) conducted in the host barangays were claimed as extensive.  As to whether such undertaking improved the empowerment values among the people was not yet tangible (the focus of trainings is on livelihood and infrastructure); #20 Some conditions that strengthened social acceptability of There is an existing Continued implementation of the mining operations: MOA (revised) with the revised MOA  Mineral extractions in the area have been productive stringent criteria prior to over the years; previous years of  Increasing possibility of employment in the company; implementation  Benefits on infrastructure development through the SDMP and CSR  Scholarship provided for interested students without stringent criteria;  Consultation and meetings on community concerns by the mining company #21 Involvement of the LGUs (Municipal and Province) in the There is a standing Continue collaboration of current operations of the company— policy and LGUs and CSOs  The involvement of LGUs in the operations of TMC has implementation of been largely confined to financial transactions and strong participation of activities of MMT, CTWG, MRFC. (No documentation of significant LGU involvements) LGUs in planning and  LGUs participation could be more enhanced, like their formulation of SDMP. participation in the planning and formulation of SDMP, They are also part in their involvement in the LGU-CSO-led Monitoring the monitoring of CSOs Team. successes and failures  Other self-initiated, focused activities that would use mining revenues to insure additional environmental programs of the LGU is not emphasized. #22 Suggested better ways to strengthen participation, For improvement and collaboration and cooperation among the stakeholders compliance  Bring ComRel to a level that is technically assisting the community  ComRel should also coordinate for updates with other units in the TMC.  The setting-up of LGU-CSO Led Monitoring Team  The improvement in the systemic bottom-up approach to social services with enabling criteria;  The improvement of the systems and processes of TMC towards transparent, accountable, and participatory management in all aspects of the operations

LGU/BLG #1 The participation of the existing CSOs in the Pre-Project This is true since the U Development Phase of the GRC was less palpable because decision was made in the CSOs have not yet been fully organized in the the higher management determination of the municipal’s inclusive development even a public hearing strategy was conducted #2 The crucial responsibility of the LGUs and its community Partly, the findings is leaders to insure informed decisions and awareness building correct but there is a

25 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Stakehold Suggestions for Future Findings/Issues Comments/Responses ers ACtions activities related to the development of their locality still need that the national needs improvement. government must coordinate for the awareness of the LGUs, NGAs, NCIP and the Community #3 It appears that IEC on mine-related concerns and issues LGU reacted to the said has only been lodged on the mining companies in spite of the matter since TMC did fact that LGUs has the political responsibility to provide the not coordinated IEC activities on development. because the company have also basis #5 Two major concerns are identified along this aspect— True, because they One, the MGB, EMB, and Community agreed to the full already conducted their mining operations with passive understanding on the key operations. impact and mitigating measures and major geologic hazards of mining in the area. #6 On the other hand, the mining company have not fully TMC is very much emphasized the key impact in the EIS review with MGB, aware of the matter EMB, COMREL and Other Stakeholders to directly create strategic actions to insure full implementation and understanding of the environment management activities suggested in the EIS. #7 While it is noteworthy that the EIS results are accessible Employees of TMC and public document, specific key impact and mitigating could do nothing if the measures have not been included in the action plan of the TMC management will LGUs and Communities. not implement #9 Before the mining started; there were recalls on the MMT representative did involvement of officials (only) from NCIP, IPs, BLGUs, CSO not re-echo the results and the Mining company through series of consultations and meetings. #10 At present, only BLGU officials and the community was Dili mi motoo nga walay active in the mining activities in the locality but the Province coordination ang TMC and NCIP have seldom coordinated with TMC. sa PLGU og NCIP kay ang Provincial officals present man sa mga projects nga naa na implement sa impact barangay #11 Questions and reservations from the community was Oo, it was reported reported before the establishments of the mining operations because karun gani it is (tilled farms will be idled, health hazards, water shortage, a big issue in the employment, etc.) community ang prioritization of employment, water in claver and hospital nga ilang gisaad #12 There was no MLGU-- and PLGU-initiated consultation Imposibly kung wala. before the establishment of TMC. Nahibalo ang munisipyo ug province niana kay ngano man nahibalo man sila sa problema

26 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Stakehold Suggestions for Future Findings/Issues Comments/Responses ers ACtions sa community #19 Lack of participation/involvement of local Lack gayud kay limited Dapat ang MGB, MRFC, groups/organizations in monitoring the environmental may representative MMT e involve ang CSO conditions in the locality. Cagdianao Market Vendors (CAMVA) twice funded by TMC Monitored/Trained Technically assisted and thru SDMP monitored Livelihood Training of TMC in Technical skills Monitoring / to be Absorption in TMC as part of employed in the mining the realization of the policy company National Wealth Share of TMC Clarification of share of Barangay Cagdianao CTWG / MMT Trained / Capacity of BLGU / CSO on Mining Development

CSO #1 The participation of the existing CSOs in the Pre-Project In Hayanggabon, the CSO must be involved in all Development Phase of the GRC was less palpable because Hayanggabon activities in the ground the CSOs have not yet been fully organized in the Community Multi- especially the MOA signing determination of the municipal’s inclusive development Purpose Cooperative is between the mining company strategy duly registered and the community (IPs, cooperative and we call BLGU) the assembly on the said matter. The cooperative has its own by-laws.

In Cagdianao, The Samahang Magsasaka ng Cagdianao (SMC) and Cagdianao Active People Multi-Purpose Cooperative did not receive a SDMP from TMC but we have SDMP from PGMC and it was given and managed by the barangay. #9 Before the mining started; there were recalls on the We agree on the Constantly involvement of the involvement of officials (only) from NCIP, IPs, BLGUs, CSO involvement of the CSOs to ensure transparency and the Mining company through series of consultations and CSOs in the Public meetings. Assembly #10 At present, only BLGU officials and the community was CSOs should also be active in the mining activities in the locality but the Province involved and NCIP have seldom coordinated with TMC. #15 On specific mining-related activities initiated by the LGUs CSOs must be involved and and community— to solicit ideas and  No or less mining-related activities initiated by the LGUs suggestions and the community that could be considered significant.  However, activities such as complaints about how silts affect fishing, complaints about increased dust; passage of large vehicles are present. 27 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Stakehold Suggestions for Future Findings/Issues Comments/Responses ers ACtions  Activities related to the implementation of SDMP, participation in MMT, MRFC could be considered as reactive/compliance to policies only.  Involvement in celebrations has been commonly reported. #19 Lack of participation/involvement of local Concern agency only CSOs must also be a groups/organizations in monitoring the environmental selected and identified member of the MMT to also conditions in the locality. members in the MMTs monitor the current situation activities of the environment 

28 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

PROCEEDINGS: Day 2-October 14, 2016

Preliminaries    Peace before us; Peace behind us; Peace under our    Breathing Exercises: feet; Peace over us; Peace around us; let all around us;  Action song be Peace

Love before us; love behind us; love under our feet; love over us; love around us; let all around us; be love

   Hope before us; Hope behind us; Hope under our   feet; Hope over us; Hope around us; let all around us;  be Hope

It was then followed by a prayer led by Ms. Zila May Ogar.

 Recapitulation through “onion peeling”. The participants were formed a big semi- circleand using the devised paper onions with questions written inside for them to answer. As the music stop, the one holding the onion will peel the question and answer it. Below were their questions and answers:

1) What is the scope of the study? The study covers the extractive industries located in the provinces of Surigao del Norte and Dinagat Islands.

2) What mineral products from your areas that were sold at the market?The participant mentioned nickel and iron. 3) What are the objectives of this forum-validation scoping study? The participant cited that this activity determined the needs/gaps in mining operations and how the community, CSOs, LGUs and national agencies work together to fill the gaps.

4) What laws regulating the mining operations? RA 7942 otherwise known as the Philippine Mining Act was the reply of the participant.

5) Who are the real stakeholders in the mining industry management and operations? These are the host communities, local government units, and civil society organizations.

29 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Opportunities for Convergence, Transparency, Participatory Approaches In the Extractive Industries Mr. Buenaventura M. Maata, Jr., PhilGrassroots-ERDF Time of talk: 2 hours No. of Slides: 23 slides Annex D. PowerPoint Presentation Opportunities for Convergence, Transparency, Participatory Approaches In the Extractive Industries

The presentation highlighted on the four (4) key words, namely participation (pakiglambigit), transparaency (dayag), accountability (kaakuhan), and convergence (pakigtambayayong). Mr. Maata mentioned the key questions that will guide the participants in the formulation of the framework to attain the above four (4) key words. This framework aims to institutionalize transparency, extend transparency and accountability from provinces, city/municipalities down to barangays; and to strengthen the role of sub national in the mineral resources management and protection. Further, He mentioned the opportunities at the sub- national level so that there will be a genuine CSO/community participation in the following: Multi-partite Monitoring Team (MMT), Mine Rehabilitation Fund Committee (MRFC), Community Technical Working Group (CTWG), Environmental Management & Development Team (EMDT), Local Economic Development, Social Management and Development, and Environmental Management and Development.

Likewise, the speaker reminded about the importance of Genuine CSO Representation, to wit: • Capacity and integrity • Greater community involvement and commitment • Transparency and accountability • Reduce conflict and tensions

The commitment to really practice transparency, accountability, participation and convergence was encouraged/challenged.

30 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Action Planning Per Mining Company Stakeholders ERIC C. PHULLY, Community Devt Facilitator-Social Enterprise, PhilGrassroots-ERDF explained the planning format:

Planning Format Future Action Objectives Activities Point Person/ Resources Time Organization/ Needed Frame Agencies

Breakout group workshops followed per mining company.

Reporting of Action Plans Per Mining Company Stakeholders

1) Claver Reaction: none

Strengthening Convergence, Transparency and Participation Capacities among the Stakeholders of Extractive Industriesin the Provinces of Surigao Del Norte and Dinagat Islands

PLANNING WORKSHOP OUTPUTS TAGANITO MINING CORPORATION STAKEHOLDERS CLAVER, SURIGAO DEL NORTE

Future Actions Objectives Activities PointPersons,Organizatio Resources Time-Frame ns,Agencies Needed

 Clarification of  To be informed  Capacitate  EMB, MGB, DENR,  Mining  6 – 12 membership and regarding the MMT, MRFC, CTWG, EMDT and companies months participation of new policies, CTWG on the Mining company , BLGU LGU; BLGU and rules and roles during and LGU CSO to the MMT, regulations of the inspection MRPC, CTWG, mining and to and validation EMDT disseminate it from National Government down to Sub- National

 Clarification of  To be informed  Capacitate  DENR, DOF, DBM,  Mining  6 – 12 sharing of the ff: regarding the MMT, MRFC, DILG and Mining companies mon  Royalty new policies, CTWG on the company , BLGU ths  National rules and roles during and LGU Wealth regulations of inspection  SDMP the mining and and validation  EPEP to disseminate it 31 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Future Actions Objectives Activities PointPersons,Organizatio Resources Time-Frame ns,Agencies Needed from National Government down to Sub- National

 Implementation of  Joint actions  Involvement of  MGB, DENR, EMDT and  Mining  1 – 10 the new policies among the CSOs Mining company company months stakeholders

 Poverty alleviation  recipients  Trainings and  Mining company, BLGU,  Fund  From in the community of the SDMP seminars LGU and TESDA allocation implementa s from tion to  Capacity LGU, deployment building w/ BLGU allowance and mining company

 Support to  Prioritize the less  Consistency of  Mining company, BLGU,  Fund  From business and fortunate families Monitoring LGU and TESDA allocations implement skills training  No political will System with from LGU, ation to involve transparency BLGU and deploymen and provide mining t technical company assistance and financial assistance  Pre- deployment to company’s opportunity

 Environmental  To monitor and  Conduct  Mining company, BLGU,  Fund  Continuo Research Team assessment of quarterly LGU and CSOs allocations us with CSOs the environmental monitoring from LGU, implemen status in the with regards BLGU and tation municipality to mining environment company al issues

32 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

2) Cagdiangao Reactions:

Mr. Roel T. Paniza of Greenstone agreed with the presentation of Cagdiangao. However in terms of legal documents for the barangay, it is only the Barangay Development Plan (BDP). Whateverdevelopment should be based on the BDP. He inquired to MGB as to what integration would be done for integration of SDMP. He cited the BDP integration process to Municipal Development Plan then to Provincial Development Plan. So, he asked on what policy serves as reference in the integration of SDMP and whose jurisdiction, is it MGB or DILG.

MGB personnel Ms. Kristine A. Apale explained the reason of integration because most of the SDMP programs were not sustained; perhaps it doesn’t fit the needs of the community. They initiated the participation of other agency to include the DSWD and DepEd with the mining company and host communities. She then summarized by having next steps such as to facilitate the integration process and membership to MMT. However, MMT membership shall be guided under RA 7942 & its implementing rules and regulations.

Strengthening Convergence, Transparency and Participation Capacities among the Stakeholders of Extractive Industriesin the Provinces of Surigao Del Norte and Dinagat Islands

PLANNING WORKSHOP OUTPUTS CAGDIANAO MINING CORPORATION STAKEHOLDERS CAGDIANAO, PROVINCE OF DINAGAT ISLANDS

Future Actions Objectives Activities PointPersons,Organizations,Agencies Resources Time-Frame Needed  Integrate  To synchronize  Collaborate  Community stakeholders and  venue,  Quarterly programs of programs of mining within the concern agencies transportat the company industry and other NLAs/ LGU ion and to the NLAs stakeholders in and other others and LGUs order to lessen the stakeholders dependency of the mining community  Conduct  To enlighten the  Schedule IEC  MLGU, MGB  venue,  Semi- intensive IEC town populace drive transportat annual to all regarding mining ion and stakeholders operation others related to mining operation  Extend  To alleviate the  Coordinate  MGB, LGU and other concern  SDMP  Annual programs of living condition of intend agency agencies allocation SDMP to the marginalized for proper non-mining people action community within the municipality

33 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

3) Loreto Reaction: none

Strengthening Convergence, Transparency and Participation Capacities among the Stakeholders of Extractive Industriesin the Provinces of Surigao Del Norte and Dinagat Islands

PLANNING WORKSHOP OUTPUTS AAM-PHIL MINING CORPORATION STAKEHOLDERS LORETO, PROVINCE OF DINAGAT ISLANDS

Future Actions Objectives Activities PointPersons,Organizati Resources Time-Frame ons,Agencies Needed

 Creation of  To monitor  SB  Sanggunian Bayan  Financial  January Loreto Multi- the Resolution assistance 2017 Sectoral operation, Creating from mining Monitoring Developme the LMMG companies Group nt and and LGUs (LMMG) performanc e of mining Composition: companies

1 MLGU 1 BLGU 1 WOMENS 1 FISHERFOLKS 1 FARMERS 1 COOPERATIVE 2 MINING 1 RELIGIOUS 1 MRHU 1 BRHU 1 DEPED -District -Local  Capability-  PHILGRASSROOTS  Financial  February Building assistance 2017 (training of from mining members companies functions and responsibilities)

34 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

4) Tubod Reaction: none

Strengthening Convergence, Transparency and Participation Capacities among the Stakeholders of Extractive Industriesin the Provinces of Surigao Del Norte and Dinagat Islands

PLANNING WORKSHOP OUTPUTS GREENSTONE RESOURCES CORPORATION STAKEHOLDERS TUBOD, SURIGAO DEL NORTE

Future Actions Objectives Activities PointPersons, Resources Time- Organizations, Needed Frame Agencies

 Convergence  To institutionalize  Lobby to DENR-MGB to  MLGU  GRC and  2017 of CSOs, the CSOs formulate policies included DENR-MGB, LGUs (January GRC, NGAs participation in the CSOs in MMT, MRFC, CTWG CSOs, NGAs,, - and LGUs process, MMT, and NGO (locally) in every BLGUs and GRC Decemb (Selection/Iden MRFC and CTWG committee. er) tification of in all activities of >BFAR should also be part in Committed mining company. MMT. Leaders to be >Encourage CSOs to inform part of the  Institutionalize the community through IEC. Extractive capacity-building of  Every impact barangays Industries for CSOs to participate should be a member in the in the committees related to mining transparency Environmental development. >Every programs. Management. barangay must enact a resolution to involve the CSOs to be a member in MMT and MRFC.

 Formulate policy in institutionalizing capacity building of CSOs to participate in the Environmental Management.

35 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

Synthesis of the Planning Process

Mr. Buenaventura M. Maata, Jr. of PhilGrassroots-ERDF illustrated in the manila paper to synthesize this activity and explained thoroughly each figure.

ACTION

Social Economy Environment

Mining Organization LGUs companies

National Line Agencies Poverty Quality of Reduction Life

• Question was thrown to participants as to how to implement the above framework toward a major perspective of reducing poverty and improving quality of life.

• Participants’ suggestions were as follows:

o Proper coordination among stakeholders to have social, economic and environmental sustainability;

o Having a separate fund from national wealth or local taxes for social, economic and environmental programs. National wealth share will be 20% to the province; 45% to the municipality; 35% to the barangay;

o Strengthening of Loreto Multi-Partite Monitoring Group (LMMG);

o LGU must do its part by passing a Resolution;

36 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

o National Government Agencies must provide technical assistance;

o The mining companies must contribute for the improvement of the mining industry. An official communication from MGB may be necessary;

o MGB representative, Ms. Apale, committed to bring to the higher-ups whatever agreement in the activity;

o DENR- representative cited that MMT is unique in the Philippines. He elicited the needs for water resources be incorporated in the development plans;

o With the AAM-Phil as pilot LMMG, there is a suggestion to create the same in every municipality and be evaluated after 6-months. Mr. Paniza of GRC said that they are willing to comply local policies. It is for the Local Government Unit to pass a Resolution creating MMG per municipality. He suggested that the MGB support LGUs to facilitate the implementation of action plan; and

o Creation of Interim MSG was agreed upon.Profile forms were provided to participants as Expression of Interest to be part of an Interim Group. Then the next step is to endorse the profile to MMT and CTWG and to Extracted Industries Transparency Initiatives (EITI).

Closing Ceremonies

Inspirational Messages and Impressions: Mining Companies:

• Green stone: Mr. Paniza were grateful being part of the process and it was one of kind. For him, he is very willing to commit to the direction of improving mining industries in the locality.

• TMC: He was very grateful to PhilGrassroots-Mr. BMMaata, by letting us to know status regarding mining operations. He thanked also to the inputs to strengthen the programs of the mining companies. For them, they looked forward for a genuine collaboration and partnership among stakeholders.

• AAM Phil-Alfonso Gajol: He was thankful to PhilGrassroots because they felt worried during the conduct of mining audit. Though there was no inspection report yet, but they 37 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

observed the implementation of programs by the mining companies such as rehabilitation/tree planting activities and participation of host communities. For this 2ndaudit by PhilGrassroots, he observed the increase of participation of communities, LGUs and CSOs. Again, thanks to everybody for the leaning and have a good day!

Civil Society Organizations (CSOs)

• CSO-Greenstone: Mr. Joel Pacatang wasthankful to the energetic facilitator-BMM and co-facilitators. He said that it was first time he attended seminar by PhilGrassroots. With that, he was thankful to all facilitators.

• CSO TMC: It was his first timehandled the livelihood program.He learned the accountability of the mining companies to the host communities. Thus, he thanked the facilitators of this activity.

• CSO-Cagdianao. She was grateful to the support of mining companies, CSOs and host communities, DENR, MGB and EMB. He hoped to see each other again in the next knowledge enhancement activities.

• CSO-AAM Phil- Ms. Nila said the she was very proud of improvement of their organization through SDMP of AAMPhil. He hoped to have additional livelihood capital. Again thank you and good afternoon. Local Government Units (LGUs):

• BLGU-Greenstone: He thanked to the whole team for this activity to brainstorm the process of implementation. To co participants, he hoped that the action plan will be implemented

• BLGU-TMC: It was challenged to her; and she committed to become member of the interim group to resolve community issues.

• MLGU-Cagdianao: As member of the Sangguniang Bayan, he encouraged all LGUs that this 2 days forum is not enough for brainstorming. He suggested to meet again in 3- months for purpose of collaboration with mining companies through the grassroots.

Community Relations (ComRel):

• COMREL-Cagdianao: She challengedeveryone that to reduce poverty is not only a concern for mining industries but for all of us.

• COMREL-AAMPhil: It was a blessing in disguise of being part of the survey through PhilGrassroots. With this, truth revealed. To have concrete action, He will prepare report and present during the SB session. He hope and pray that the SBs and Mayor will really

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support.

National Agencies:

• PENRO-DENR: In behalf of the office, he encouraged to follow the terms and conditions stipulated in mining laws. He challenged the MMT to participate to meet the goals. Not only mining laws, but to include water resources and solid waste management. For, further inquiries, everybody may visit offices of DENR for technical assistance.

• MGB: She expressed her thanks for inviting MGB in this scoping study to really indentyf the gaps in mining operations. The outputs on this activity will surely address the gaps and for future collaboration. He suggested to strengthen MMT memberships to really sanctions non-complaint companies and to improve the living condition of the community.

• krn unsa dapat buhaton aron ma adres and gap & in the future . To sir ben, convergence naa na pero kulang pa. additional membership cso-workout maapil. MMt well represented. Already members, pls Strengthen commitment as member of MMT. Wla BLGU nag attend as per attendance. With EMB, MMT violation rate no-non compliance- notice of violation by EMB. Power to sanction sa minahan. To protect the environment and improve living condition of the community. Again congratulations and thanks for the active participation of everybody. Responses from the facilitators/activity organizers:

• Response from Ms. Beverly P. Besmanos, Mindanao Sub-National Coorindator, Bantay Kita-Publish What You Pay Philippines: She thanked everybody for actively participating the tough processes. She informed that Bantay-Kita established in 2009 by72 moreCSOs, POs and Universities. It aimed to meet halfway in terms mining. She cited compromises by looking on the data about mining and its benefits. This hoped to uphold the rights of the community and IPs. This means that the community will understand the technicalities and business of mining. Bantay-Kita enable to enhance capacities of the host communities for their voices be heard and to have a meaningful participation and convergence in resolving issues and concerns confronting social, economic and environment.

• Response from Mr. BMMaata given in three sentences: 1) many started the organizing but few were doing it with a heart; 2) this endeavour is not just for today but for the next generations; and 3) grassroots-phil committed to follow-up the implementation of the action plan and to provide technical assistance. He expressed his heartfelt gratitude to Ms. Kath and Ms. Bon, to DENR, MGB & EMB and to all areas visited. His remark was “it was wonderful working with you all”.

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Finally, the certificate of completion was distributed to all participants. Next was a group pictorial. The 2-day forum-validation was ended at 3:45 in the after of October 14, 2016 with a closing prayer.

Homeward bound!

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FORUM-VALIDATION OF THE RESULTS OF SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS Gateway Hotel Surigao City, Philippines October 13 – 14, 2016

Participants’ Feedback Sheet

1. Please give your feedback on the following sessions by putting a check () on each appropriate box. You can add your comments and/or suggestions in the remarks box.

   Remarks Sessions (Not (Good) (Very NO (Additional Good) Good) ASNWER comments and/or suggestions on the content and process)

I. Opening Program Opening Prayer and Singing of the Pambansang Awit 12 14 Welcome Message Ms. Kat Pauso Grants Coordinator 11 15 DAI – USAID Introduction of Participants, Leveling of Expectations, Forum – Validation Overview and House 7 19 Rules II. Main Program Session 1: Salient Findings of the Scoping Study 5 21 Mr. Buenaventura Maata, Jr. PhilGrassroots-ERDF Open Forum (After Session 1) 4 3 19 Workshop 1: Stakeholders’ Responses To Salient Findings of the Scoping Study 13 13 Per Mining Company Stakeholders Day 2: Recap of the Previous Day’s Activities 1 2 4 19 Session 2: Opportunities for Convergence, Transparency, Participatory Approaches 3 23 In the Extractive Industries

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   Remarks Sessions (Not (Good) (Very NO (Additional Good) Good) ASNWER comments and/or suggestions on the content and process)

Mr. Buenaventura Maata, Jr. PhilGrassroots-ERDF Workshop 2: Action Planning Per Mining Company Stakeholders 8 18 Reporting of Workshop 2 Outputs 4 4 18 Synthesis of the Overall Activity 5 9 12 III. Closing Program Message from Representative of 11 5 10 Mining Companies Message from Representative of 9 5 12 Host Communities Message from Representative of 1 12 3 10 Civil Society Organizations Message from Representative of 11 10 4 11 Provincial Local Government Units Message from Representative of 9 4 13 Municipal Local Government Units Message from Representative of 8 5 13 Environmental Management Bureau Message from Representative of 11 4 11 Mines and Geosciences Bureau Message from Representative of 7 7 12 DAI – USAID IV. Support Sessions Dinner Socials 1 8 10 7 Energizers and recaps 8 11 7

2. How will you rate this two-day event? Please put a check () on each appropriate box. You can add your comments and/or suggestions in the remarks box.

Assessment Areas    NO ASNWER Remarks (Not (Good) (Very Good) Good) a. Content/expected outputs 8 18 (Has the Forum - Validation met its overall objectives?) b. Process (Did the process help in 11 15 meeting the Forum - Validation’s objectives?) c. Resource Persons and 7 18 Facilitators (Did they effectively perform the tasks assigned to 42 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

them?) d. Kit, presentation materials and 11 15 handouts (Were these prepared in advance and distributed to all participants?) e. Food and venue (Did the food 6 18 2 and session hall help provide an atmosphere conducive for participation and learning?) f. Hotel accommodation (Did 4 19 3 participants experience a comfortable stay all throughout the Forum - Validation?)

OVERALL RATING (Please encircle.) Not Good Good -3 Very Good -7 NO Answer- 16

1. What have you learned from this Forum – Validation? (Please explain its importance/significance in brief.)

• There is commonality of findings in terms of limitation concerns that mining companies have, and who have participated in the research. • .I learned about the relation between the company and the community. • Convergence from NGAs, LGUs, SC, PO, IPs to right participation; transparency. • I learned many aspects of actual circumstance in this forum that the comments and reaction of the stakeholders. • There are still many aspects in the mining that needs an improvement to achieve responsible mining. These can be improved if all stakeholders do their share of responsibilities with integrity. • A very interesting forum because I/we know what was really happening when it comes to mining. • The important participation of the community to mining firm. • (2) Enlightened about the function of BLGU, CSO and LGU to the mining company. • (2) The roles and responsibilities of all stakeholders (LGU, NGAs, CSO and mining company) one is maintaining the ecological balance of our nature. • (2) I learned about the results of the scoping study on extractive industries in the province of Dinagat Islands and Surigao del Norte. • (3) I learned the concept of sustainability. Everyone is accountable to what will happen to the environment. Each agency/stakeholders, community member, LGUs’ plays important role on poverty reduction. It should be work as a team with transparency, accountability, convergence and participation to attain economic growth and environmental stability. • It is very good endeavor to attain a progressive and sustainable communities and extractive agencies.

2. How will you immediately apply what you learned from this Forum - Validation?

• (5) We need to be a part of the different activities in mining companies, LGUs and community, whereas, they must give importance to our concerns because we couldn’t apply what we want to do for the good of the community. • EMB is mandated to implement environmental laws and would ensure the compliance of the mining industries in their Submitted Environmental Management Plan. All of these law (RA 9275, RA 8749, PD1586, RA 9003, RA 6969) including RA 7942 which is mandates of MGB must be implemented holistically. The EMB will conduct IEC to stakeholders and the company so that these will be

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disseminated to the community. The EMB also will capacitate the LGUs on matters such as environmental laws. • Focus on group discussion and intense application or implementation of the ways on how to maintain the ecological balance, even human activities are evident in our environment. • To monitor the mining companies for the implementation of Nation Wealth/SDMP especially the gross income on how to get the 1.5% of SDMP. • Brought out to the company with the support of the community and LGUs. • Request the concerned mining company to conduct an annual information drive evry six months. • The Forum-Validation makes me more receptive to the voice of the local communities who are directly affected by mining operations. • Maybe by means of relaying important information. • Reviewing the notes of what you have from this forum and apply it as soon as possible. • To feedback our management about the output, process, and future direction of the study. • Recommended policies that would enhance the function of the committees (MMT, MRFC, CTWG)

3. What capacities need to be further enhanced in relation to Convergence, Participation, and Transparency in the Extractive Industries?

• Extend the transparency and accountability at the substantial level. • Strengthen the genuine participation. • To monitor and assessment to BLGU, MLGU, CSO for the improvements/developments of the mining companies in the projects and environmental concerns. • (3) More meetings & seminars • Thorough and proper coordination between mining companies, community, LGUs and CSOs because it is hard to attain these factors convergence, participation, and transparency if without the involvement of individuals. • Development of enabling policies that will provide mechanisms for convergence, participation, and transparency through EO, JUC, DAO or applicable local policies. • Enhanced capabilities or power of communication, active participation, transparency or must be pro- active. • More respondents must be scoped or interviewed and the participants of the mining companies must be also indispensable for the success of the study. • Technical expertise of stakeholders to become more capable in conducting monitoring & evaluations. • For the mining companies to be more open in discussing how they will spent SDMP, EPEP, & other funds intended for the environment & neighboring communities. • Records must be property disseminated within barangay and the municipality.

4. What follow-through activities/technical support would you recommend to achieve Convergence, Participation, and Transparency in the Extractive Industries?

• (2) Conduct another forum. • Final report presentation • Status of the action plans • Proper consultation to the expert • 2 Unity of BLGU-MLGU-PLGU and government concern agencies. • Policy making and intervention for an open communication with each stakeholders • Pursue the ongoing process involved important stakeholders, aside of the existing participants ,such as business group,church/religious organizations, IPs of the ongoing process. • Proper coordination for us to have transparency • Have research team with partnership of representative from community, CSOs, LGUs and other concern 44 | FORUM-VALIDATION ON RESULTS OF THE SCOPING STUDY ON EXTRACTIVE INDUSTRIES IN THE PROVINCES OF SURIGAO DEL NORTE AND DINAGAT ISLANDS. Gateway Hotel, Surigao City. October 13-14, 2016

agencies regarding on environmental protection and management. • Consistency of the above activities • Technically, we need to convince the different stakeholders to gives their full participation. On the part of the implementing agencies of the IRR of mining company, they should properly do their jobs religiously.

Thank you!

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