A PRIMER ON THE TAMPAKAN MINES AND THE ECOLOGY

UnderMining Lies in the

What is the legal basis of large-scale mining in the Philippines?

The Philippine Constitution of 1987 (Article XII, Section 2) and the Philippine Mining Act of 1995 (RA 7942) govern the exploration, mb.com.ph development, processing and utilization of mineral resources in the Philippines. Under the Introduction Constitution, the State owns all mineral resources. However, the This primer is a handy guide to understanding the value of State may enter into agreements Mindanao’s environment and the imperatives of environmental justice with private contractors for the leading to a categorical and strong position against the SMI Gold-Copper exploitation of mineral resources Mining Project in Tamapakan . through a Financial and Technical In the hope of educating various communities and advocating to a Assistance Agreement (FTAA), broad audience in order to build constituencies that support the call to Mineral Production Sharing stop the Tampakan Mines, this primer may be used by teachers, students, Agreement (MPSA), Co-Production community leaders, and advocates. This comes in a question and answer Agreement (CPA) and Joint Venture format for easy navigation which can be utilized during small group Agreement (JVA). The Mining Act discussions, informal caucuses, classroom lectures and other platforms of and its Implementing Rules and conversations including the social media. Regulations (DENR Administrative Order No. 2010-21) defne these The primer is designed in order to safeguard our constitutional right agreements, delineate the various 1] to life (Article III, Section 1, 1987 Constitution); 2] to the promotion and mining rights recognized in the protection of our health (Article II, Section 15, 1987 Constitution); 3] to a Philippines and provide the balanced and healthful ecology in accord with the rhythm and harmony requirements for acquiring these of nature (Article II, Section 16, 1987 Philippine Constitution); and 4] to the mining rights. preservation of waters, minerals, coal, petroleum, and other mineral continued on Page 3 oils, all forces of potential energy, fsheries, forests or timber, wildlife, continued on Page 2 Introduction fora and fauna, and other natural 3. “(146) It is essential to show the survival of their culture and resources which are owned by the special care for indigenous identity. State (Article XII, Section 2, 1987 communities and their cultural Constitution) sanctifed by our traditions. They are not merely 4. Many of the points raised in this solemn duty to protect the rights one minority among others, but primer also rely on the doctrinal to environment of the generations should be the principal dialogue precedence of “Precautionary yet unborn under the doctrine of partners, especially when large Principle,” enunciated by the “intergenerational responsibility” projects afecting their land Supreme Court in the case of (Oposa vs. Factoran, GR No 101083, are proposed. For them, land ISAAA vs. Greenpeace Southeast July 30, 1993). is not a commodity but rather Asia (G.R. No. 20927, 8 December a gift from God and from their Apart from the legal 2015) stating that when human ancestors who rest there, a foundations to environmental activities may lead to threats sacred space with which they rights, this primer takes inspiration of serious and irreversible need to interact if they are to from Pope Francis’ ‘Laudato Si’ damage to the environment that maintain their identity and which provides, thus: is scientifcally plausible but values. When they remain on uncertain, actions shall be taken 1. “(29) Underground water sources their land, they themselves to avoid or diminish that threat. in many places are threatened care for it best. Nevertheless, SMI Tampakan Project will by the pollution produced in in various parts of the world, threaten and cause harm of an certain mining, farming and pressure is being put on them unimaginable magnitude as to industrial activities, especially to abandon their homelands prejudice the life, property, and in countries lacking adequate to make room for agricultural health of the peoples of South regulation or controls. It is not or mining projects which are Cotabato, Sultan Kudarat, only a question of industrial undertaken without regard for Davao del Sur and waste. Detergents and chemical the degradation of nature and provinces and a huge portion of products, commonly used in culture.” Mining generally has Mindanao as well. As such, the many places of the world, displaced indigenous peoples large-scale mining project must continue to pour into our rivers, communities and has destroyed be stopped and abandoned. lakes and seas.” Sacred to their sacred spaces threatening human existence is our right to water, it being a social asset and therefore inextricably essential to our right to life.

2. “(51) The export of raw materials to satisfy markets in the industrialized north has caused harm locally, as for example in mercury pollution in gold mining or sulphur dioxide pollution in copper mining.” Mining has created an ecological debt of the developed countries to the developing countries from where they plunder resources to feed the voracious appetite of rich countries in a globally capitalist market.

Page 2 | A Primer on the Tampakan Mines and the Mindanao Ecology Getting to Know SMI

Who is SMI? Saggitarius Mines Inc (1989) was originally a joint venture between Xstrata Copper (62.5%), Indophil Resources NL (34.2%) and the Alsons Corporation (3.3%) when it was awarded in 1995 with a Financial and Technical Assistance Agreement to operate the project. By 2017, acquisitions by Alsons and Alcantara Group UnderMining Lies in the in 2015 and the sale of Xstrata Glencore has made the SMI 100% Philippine owned , with shares Philippines largely owned by the Alcantara Group of Companies.

What is the legal basis of large-scale mining How big is SMI? The Constitution provides As an exception to this Reportedly the largest foreign that all lands of the public domain, nationality requirement, the investment at $5.9 billion, and water, minerals, coal, petroleum, Constitution authorizes the was projected to provide 9,000 and other mineral oils, all forces of President of the Philippines to jobs during construction phase potential energy, fsheries, forests enter into agreements with foreign- and 2,000 jobs during the regular or timber, wildlife, fora and other owned corporations involving phase, with billions in taxes a natural resources are owned by the either fnancial or technical year. https://www.linkedin.com/ state. The exploration, development assistance, for the large-scale company/sagittarius-mines-inc./ and utilization of these natural exploration, development and Investments as of 2016 were resources are also under the full utilization of minerals, petroleum reported to be PhP1.1 Billion (as of control and supervision of the state. and other mineral oils. Dec. 2016) with Taxes and Fees paid However, the state has the option Other Philippine laws also at PhP37.2M (national and local). of entering into co-production, govern investments in the Philippine Employment generated was at 144. joint venture or production-sharing mining industry like Executive agreements with Philippine Expenditures from 2007-2011 Order No. 79 (Institutionalizing citizens or Philippine corporations were reported to be at PhP 18 billion and Implementing Reforms in or associations. At least 60% of (U$416 million) where Indophil the Philippine Mining Sector, the capital of a corporation or had spent Au$27 million for the Providing Policies and Guidelines association must be owned by exploration activities prior to the to Ensure Environmental Protection Philippine citizens before it can entry of Xstrata Copper in 2007. and Responsible Mining in the be considered as a Philippine continued on Page 4 Utilization of Mineral Resources). corporation or association. continued on Page 4 A Primer on the Tampakan Mines and the Mindanao Ecology | Page 3 Getting to Know SMI

How big is SMI?

The entire FTAA covers 28,539 hectares or larger than Batanes island (20,930 has) and nearly the size of Samal island (30,130 has) and Camiguin island (29,187 hectares). Aside from the Final Mining Area (FMA) of 9,605 hectares, the FTAA includes the resettlement area, the OLI (Ofease infrastructure) which includes a power station and flter plant. continued on Page 5

UnderMining Lies in the Are we against mining? Philippines We recognize the contribution of the mining industry to the development of breakthrough Is large scale mining appropriate technologies used in manufacturing in the Philippines? gadgets, jewelry, cars, building, appliances, etc. However, mining should be undertaken only in No. Large scale mining unlike the central plains of countries where people, the planet operation is not compatible Australia, Canada or China where and other populations will not be with the archipelagic make- mining tenements are located, they adversely afected and harmed. up of the Philippines being an are far from human settlements island ecosystem. These kinds and rich vegetation. The entire We are against mining IN of ecosystems are vulnerable Philippine archipelago is also one THE Philippines considering to destruction brought about huge watershed system. Under this its geographic and topographic by extractive activities since framework, we must address the vulnerabilities. In island population of peoples and species highest priority problems within ecosystems like the Philippines, of fora and fauna is dense, localized hydrologically-defned geographic environmental protection and and interconnected. Following the areas, taking into consideration ecological conservation must be ridge-to-reef management system, both ground and surface water the priority instead of mineral human activities in the uplands and fow. Between water and minerals, extraction. Furthermore, the upstreams will impact the lowlands the former is much more needed amount of technological waste that and downstream communities for survival than the latter. we produce is staggeringly high. continued on Page 5 Page 4 | A Primer on the Tampakan Mines and the Mindanao Ecology UnderMining Lies in the Will large-scale metallic and non- Philippines metallic mining generate millions of These wastes can be reinvented Will the extractive jobs? to produce minerally-dependent products rather than resorting to industry, particularly On the average, the industry’s more extraction that may be harmful mining save the contribution to total employment to our defenseless environment. during the decade (2000-2009) was Philippine economy? a mere 0.376 % (MGB, 2010). The Will mining attract Oyu Tolgoi in Mongolia for instance, Mining has contributed only is approximately a US$100 billion and bring in more an average of 0.91% to the Philippine mine over 40 years that will be the investments? Gross Domestic Product (GDP) world’s 3rd largest copper mine. from 2000-2009, peaking only in It has generated 11,400 jobs (half Investments are not to be 2007 at 1.44%. The same can be said Mongolian; half foreign) during the equated with benefts. Of the in Zamboanga Peninsula (1.06%), construction phase but only 3,500 multi-billion dollar investments, Northern Mindanao (0.66%), jobs will be permanent, eventually only a pittance inure to the Southern Mindanao (3.97%), (Revenue Watch Institute). beneft of the Filipino people. SOCKSARGEN (0.14%) and Therefore, employment may only While the project cost appears in CARAGA (6.38%) regions (Mines be intensive in the initial stage but billions, much of it are utilized in and Geosciences Bureau, 2010), labor absorption is likely to decline purchasing equipment, machines, whereas, agriculture, fshery and over time because more labor- processing of ores that are taking forestry account for around 15% of saving technologies are adopted place outside the Philippines and the Philippine GDP. Mining’s share in the industry. Agriculture on payment of consultants who are of total exports has only averaged the other hand contributes nearly mostly foreigners. The largest 3.5% from 2000-2009. The truth two-ffths or 40% of the jobs in the share of the value of output accrues is, the economy can still survive Philippines. to operating surplus, amounting without the mining industry. continued on Page 6 to 43%, indicating that the benefts from mining accrue primarily to investors, and hence a relatively narrow segment of society (Cielito Getting to Know SMI Habito, 2010).

Where is the Tampakan Mining Project of SMI located? The project is located in the southern Philippine island of Mindanao, approximately 65 kilometres north of City, and is situated on the boundary of four provinces: South Cotabato, Sultan Kudarat, Sarangani and Davao del Sur. continued on Page 6

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 5 Getting to Know SMI

Where is the Tampakan Mining Project of SMI located?

Under the Financial and Technical Assistance Agreement, SMI holds a total land area of 23,571 hectares. The Tampakan Project is one of the largest undeveloped copper- gold deposits in the South East Asia-Western Pacifc region. The extended pre-feasibility study has confrmed that it is a 2.2 billion ton deposit, containing 12.8 million tons of copper and 15.2 million ounces of gold at a 0.3% cut-of grade.

UnderMining Lies in the Will communities be developed and become Philippines progressive with the presence of mining?

Will the mining industry increase There is no mining site in government revenues? the country that shows economic development in the lives of the In 2007, then DENR Secretary cannot even collect withholding people living around and in it. Angelo Reyes afrmed that the taxes until costs have been fully In fact, mining communities are proft-sharing scheme under DAO recovered. Given these advantages, often among the, if not the most 99-56 is disadvantageous to the mining’s actual contribution to impoverished of communities. State, that is, the probability of the the national revenues is only 4% There is, for example, increased government receiving an additional (Revenue Watch Institute). This poverty incidence in Region 13 and fair share of its mineral from the shows that while foreign mining (Caraga) from 46% in 2002 to 49% in mining companies was nil. In 2000- corporations see the Philippines 2007 attributed to increased mining 2009, mining contributed only 1.7% as a milking cow, the owner of the in the region (Maita Gomez, 2011). to the excise taxes of the country natural wealth only gets dog food. continued on Page 7 (BIR). Under the 1995 Mining Act (RA 7942, Sections 81, 92 and 93), mining companies enjoy several forms of tax holidays. Deduction “Proft-sharing scheme under DAO of all exploration and development costs from taxable income from 99-56 is disadvantageous to the State” start of commercial operations is mandate. Hence, government Page 6 | A Primer on the Tampakan Mines and the Mindanao Ecology UnderMining Lies in the Understanding Philippines the Impact of SMI to Can mining be environmentally sound and Mindanao socially responsible? Environment

There is no such thing as responsible mining for an archipelagic state like the Philippines. Open-pit mining, which has been banned in several Almost 10,000 hectares of industrialized countries like Canada and USA, tends to be environmentally the mining area which is largely destructive. Smelters and waste materials from mining are also known to forested (355 ha- old growth forest) produce sulfurous dust clouds that cause acid rain. Tailings run-ofs can and vegetation area which will be contaminate nearby water sources with heavy metal pollutants used in lost and replaced with an open pit mining such as cadmium, mercury, sodium cyanide and zinc, rendering area (500 ha, 800 m deep), a tailing them useless as sources of food, water and livelihood. An estimated storage facility/TSF (1000 ha), a 16,000 tons of mine tailings fnd their way into rivers, lakes and irrigation Waste Rock Storage Facility/WRSF systems. The 1996 Marcopper tragedy in Marinduque should not be (500 ha) among others. forgotten (Cielito Habito, 2010).

Mining companies assert that they have What is the extent of state-of-the-art technologies to ensure the forest cover that will integrity of critical infrastructures like the be lost due to SMI? tailings dam or waste storage facilities. Is this SMI Tampakan covers enough assurance? 4 provincial boundaries , the headwaters of six (6) catchments Many mining corporations have claimed the best engineering works and 2 major river systems. The yet have proven to be no match with the force of nature. No amount fnal mining area (FMA) covers of human ingenuity can withstand the power of nature in the form of 9,605 hectares of land covering typhoons, fooding, erosion, earthquake and even volcanic eruptions. 4 diferent municipalities in With climate change, the disasters have become so unpredictable leaving Davao Del Sur (Kiblawan), Sultan the earth always at risk of extinction. Mining should not aggravate this. Kudarat (Columbio), Sarangani We must heed the lessons from the 1996 Marcopper Mine Disaster in (Malungon) and South Cotabato Marinduque and the 2012 Philex Padcal Mine spill in Benguet, among (Tampakan). This EXCLUDES the others, practically killing the rivers and bodies of water around them. OLI (Ofease infrastructure) area and the Resettlement Area. The OLI includes a slurry pipeline and transmission lines that will traverse the provinces of South Cotabato and Sarangani. The proposed site of the flter plant and power station is at the coast of Sarangani Bay. Potential resettlements sites will afect nine (9) barangays within the areas of the ancestral domain. continued on Page 8

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 7 Understanding the Impact of SMI to Mindanao Environment

What is the extent of forest cover that will be lost due to SMI?

What river systems will be afected by the project? SMI Tampakan is nestled in divide between the Pula Bato River fows into the Davao Gulf through the heart of the Cotabato watershed to the West and the Tukay Mal and the Malalag Bay, as well as 5 other system, which includes Mt. Bong Mal Rivers to the East. rivers: Altayan, Dalal, Manit, Matutum, Marbel and Koronadal Manteo and Taplan, is highly The Mal River, the region’s watersheds.The deposit is located susceptible to ground and surface biggest river system that partly on a ridge marking the watershed water pollution (with arsenic as with other toxic chemicals: sulfuric acid and cyanide) from acid drainage from the tailings dam and waste rock piles. What will happen to freshwater resources and the food supply?

Large dams that will be constructed at the Mal and Tapian River to extract freshwater for the mine will impact the quantity and quality of irrigation water supply and livelihood of more than 100,000 farmers in Davao Del Sur, Sultan Kudarat and the whole of Mindanao as food basket. Page 8 | A Primer on the Tampakan Mines and the Mindanao Ecology Will SMI’s impact reach Davao Gulf and Understanding Sarangani Bay? The Mal-Padada River fows (Manteo Catchment) (Note: the the Impact into the Davao Gulf, which is Manteo-Buayan River fows to approximately 50 km downstream northern Sarangani Bay). of SMI to of the project site. Treated water The project has deemed it from the proposed TSF water Mindanao “unlikely that it will impact the treatment plant will be discharged environmental conditions of Davao into the Mal River, which fows into Environment Gulf and Sarangani Bay.” the Padada River, approximately 18 km. downstream of the project site boundary. According to the EIS Report (2011), “During extreme Which major watersheds will sufer on account food events, untreated water will of the SMI Project? be discharged from the project site to the Mal River.” Also, that The mining area covers 3 major watersheds (958,730 has) namely foodwater from the FWD will the Padada River Watershed, Marbel Watershed and Catisan be discharged via the large food River Watershed that will afect low lying areas that cover 271,175 has. spillway to the Panwan River The low-lying area includes the Ligawasan Marsh.

Will SMI afect in ? Lake Buluan is located 32 km downstream of the project site, covering a lake area of 6, 300 hectares. The ARMM part of the lake is classifed as C (fshery) and residents were observed to use the lake for their drinking water. Headwaters of the Pula Bato River draining the west part of the project site, fows into the Altayan-Taplan River, which in turn drains into Lake Buluan via Marbel River. Pula Bato will receive Source: Godilano, Esteban. “To Mine or Not to Mine: The Case of the Tampakan Copper-Gold Project”. Presented to the discharges from the mine drainage Department of National Defense. May 31, 2012.https://www.slideshare.net/no2miningph/to-mine-or-not-to-mine-the-case-of- tunnel treatment plant. The EIS the-tampakan-coppergold-project-mindanao-philippines Report does not project that it will contribute to any water pollution to Lake Buluan as “efuent from the mine drainage tunnel treatment “Lake Buluan is located 32 km plant will be treated to meet the downstream of the project site, adopted site discharge water quality standards prior to discharge covering a lake area of 6,300 hectares.” into the Pula Bato River and Lawit Creek.” A Primer on the Tampakan Mines and the Mindanao Ecology | Page 9 Will SMI’s impact reach Liguasan Marsh? Understanding Ligawasan Marsh is one of the inclusion of Ligawasan as a the Impact the largest wetlands comprising protected area (PA) under the about 10% of the Mindanao River National Integrated Protected Area Basin. It is known to support System (NIPAS. of SMI to species of endemic threatened birds and is identifed as an It has been identifed as a Mindanao important wetland site because distinct and unique region among of its relatively expansive swamp the 15 biogeographic regions of the Environment forests.The Ligawasan Marsh (LM) Philippines due to the presence of Development Master Plan (1999- signifcant varieties of fora and 2025), formulated by Region XII of fauna. NEDA in 1998, has recommended Rich biodiversity and new discoveries: How many may go extinct? Four (4) new foral species were found during the environmental impact study showing the high endemicity and diversity of species (fora and fauna). Of the twelve (12) newly recorded (for Mindanao) species of trees for the region, nine (9) were found to be Philippine endemics. The project site is of “high ecological value” because of the 812 species identifed, 30% were Philippine endemics and 6% could be found only in Mindanao. As many as 23 to 50 species are classifed under conservation status (vulnerable to threatened). As to fauna, 56% of what is known Mindanao fauna (811) can be found in the Tampakan Mining area, showing a high faunal diversity. Endemicity is also high. 145 of the 289 terrestrial vertebrates identifed are endemics, where: 78 are RP endemics, 35 can be found only in the Greater Mindanao area and 32 in Mindanao region. “Ligawasan Marsh is one of the largest These endemic and vulnerable species will lose their habitat and wetlands comprising about 10% of the may be lost to the Mindanao region Mindanao River Basin.” and country altogether.

Page 10 | A Primer on the Tampakan Mines and the Mindanao Ecology Understanding the Impact of SMI to Mindanao Environment

Indigenous displacement: How many will leave their homeland to live in a resettlement area?

The project has a Resettlement Plan which will “help people adjust to their new life, especially the IPs”. This was indicated in the EIS which recognized the concern of the IPs on their tribal sacred grounds and buried artifacts, and adjustments to their way of life, esp. for the vulnerable, women, youth and children. Approximately 1000 families will be ejected from their community, relocating 5000 persons, including women and children.

The IP communities: How is SMI impacting the B’laans?

The letter below, while “The land, as well as the forest, is our life, source of our food, referring to the coal mining/ medicine, water, and our other needs and livelihoods. Our extraction in South Cotabato is an apt territory is the symbol of our tribe and culture. Our territory description of the current situation is bordered by the mountains, the forests, the streams, places among the indigenous community where we bury our dead, our water wells, our bamboo surrounding the Tampakan Mining grooves, and the boundaries of the mountains. The loss of Project: a community divided and these borders means the loss of our territory and our tribe. culture torn between the attraction The mines will destroy our lands and forests. It will destroy to a cash-based economy (with our lives. The mines will destroy our territory. We will lose community services provided our culture. The mines will lead to the loss of our future by the private company) and a generations. The mines will result into our dislocations. We traditional way of life that is nature- know no place to go to because the lands our ancestors had dependent, but subsistence (and bequeathed us were stolen. We do not need the mines. It is lacking in government services). not us who will beneft from it. What we need is government support so that our children can go to school, [and] health Datu Victor Danyan Sr., in his services, and programs to alleviate our livelihoods. The letter to the National Commission mines will destroy our relationships as a family, tribe, and for Indigenous Peoples South community. Since the arrival of private companies, mining Cotabato Provincial Ofce in 2013, frms disintegrated our people and destroyed our peace.” wrote, in part: continued on Page 12

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 11 Understanding The IP communities: How is SMI impacting the B’laans? the Impact Since the introduction of SMI Alyong, Barangay Kimlawis in of SMI to in Tampakan, the B’laans have Kiblawan, Davao del Sur, in the sufered many forms of human mines development site, against Mindanao rights violations. For instance, Juvy her husband, Daguil Capion, leader Capion and her sons Jordan, 13, of a tribal armed group opposing Environment and John Mark, 6, were killed last the mining venture of SMI. Justice October 18, 2012 in an operation until now remained elusive. mounted by the military in Sitio

Efect on agriculture and the Mindanao region: How many people outside of the mining area will be directly afected? Because the mining area covers agricultural areas and afects 3 major watersheds, the reach and impact on people can reach AT LEAST 1 Million (NSO 2010).

Assailing the SMI Tampakan Project

Is the renewal of the FTAA of SMI valid? The Financial and Techncial Assistance Agreement granting SMI permit to commence its large scale mining exploration/operation was signed by Pres. Fidel V. Ramos in March 22, 1995. According to the 1987 Constitution, “xxx The President may enter into agreements with foreign-owned corporations continued on Page 13

Page 12 | A Primer on the Tampakan Mines and the Mindanao Ecology Is there any earthquake risk in the Final Mining Area? The mine area is on top of In October 2019, a series of Understanding stratovolcanoes and fault lines, earthquakes struck Cotabato. In the some of which cross each other, and area of the October 2019 earthquakes the Impact is located in an area of high seismic series (above magnitude 6.0), the activity. This is where the large individual faults include the NW- of SMI to dams and a rock storage facility for SE trending South Columbio Fault, 1.6 billion tons of toxic rock will be North Columbio Fault, M’Lang Mindanao built. Dams and tailing facilities Fault, Makilala–Malungon Fault are highly susceptible to breakage and Tangbulan Fault, and the SW- Environment and disasters. Earthquakes as well NE trending Makilala Fault and as heavy rainfall are key factors Balabag Fault. Intensity 7-8 were in tailings dam damage recorded felt in neighboring cities, malls in globally. Fifteen (15 of 23) tailings Gen San and Davao City sustained disasters in the Philippines damage, and landslides were happened since 1995 . reported in the municipalities of Cotabato and Davao del Sur.

Is the renewal of the FTAA of SMI valid?

involving either technical or Furthermore, RA 7942, Section fnancial assistance for large-scale 38 provides: “A fnancial or technical Assailing the exploration, development, and assistance agreement shall have a utilization of minerals, petroleum, term not exceeding twenty-fve (25) SMI Tampakan and other mineral oils according to years to start from the execution the general terms and conditions thereof, renewable for not more Project provided by law, based on real than twenty-fve (25) years under contributions to the economic such terms and conditions as may growth and general welfare of the be provided by law. country” xxx (Article XII, Section continued on Page 14 2).

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 13 Is the renewal of the FTAA of SMI valid?

Therefore, the FTAA of SMI that only the President may Assailing the has expired already in March 22, enter into and therefore sign this 2020. This was extended to another kind of agreement. As such, only SMI Tampakan twelve (12) years by former MGB the President can authorize an Director __ on account of force extension. In the case of the SMI’s majeure, and force majeure being FTAA, the same was extended Project attributed to the legal impediments by a Director of a Bureau in the preventing them from fully Department of Environment and operating. Natural Resources. Therefore, the extension should be invalidated This extension to the FTAA and the FTAA should be treated as is doubtful and raises suspicion expired. because the Constitution is clear

Can the cancelled Environmental Compliance Certifcate (ECC) of SMI be restored?

In February 19, 2013 the cancelled the ECC of SMI of the cancelled ECC cannot be reinstated DENR issued an ECC in favor of company’s alleged failure to unless a new application for ECC SMI subject to some conditions to comply with the conditions and has been initiated deserving of be complied like establishing the permitting requirements set by the the issuance of a new ECC. The social acceptability of the project ECC. However, in May 6, 2019, the application must be fled before the through the Free Prior Informed cancelled ECC was reinstated by DENR. But in the case of SMI, the Consent (FPIC) coming from the the Ofce of the President. renewed ECC came from the Ofce indigenous peoples of Tampakan. of the President making it even The quiet “restoration” more doubtful. In February 14, 2017, the process of SMI’s ECC casts doubt on late DENR Secretary Gina Lopez its validity. It is our position that a

Can SMI operate its open-pit large-scale mining project with the ban provision in the Environment Code of the Province of South Cotabato?

Section 22 (b) of the Council, Indigenous Peoples that “Section 22 (b) of Ordinance Environment Code of South of Danlag represented by the No. 04, Series of 2010, entitled Cotabato (Ordinance No. 04,Series Danlag Tribal Council, Indigenous “An Ordinance Providing for the of 2010) states that “Open-pit Peoples of Fulo Bato represented Environment Code of the Province mining method shall not be allowed by Fulo Bato Tribal Council, and of South Cotabato is not invalid, in the Province of South Cotabato.” Indigenous Poples of CADT-26, but rather legal and consistent Given this provision, there is no SouthCot Mining Corporation and with DAO 2017-10, the Local way the SMI Tampakan Project can Tampakan Mining Corporation. Government Code and above all, operate in South Cotabato. The said petition assailed that the the Constitution.” above-provision is ulta vires given A Petition for Declaratory was This decision afrms the that a national Minig Act does not fled in the RTC of South Cotabato power of the LGUs to promote the ban an open-pit technology. In by the B’laan Indigenous Cultural “general welfare” of its people. October 12, 2020, RTC Branch 24, Communities consisting of the Acting Presiding Judge Vicente T. Indigenous Peoples of Bongmal Peña penned a decision declaring represented by the Bongmal Tribal

Page 14 | A Primer on the Tampakan Mines and the Mindanao Ecology Why should SMI Tamapakan project be discontinued? Assailing the 1. SMI Tampakan Project Davao Gulf and Sarangani Bay will deprive the irrigators, and the use of cyanide will SMI Tampakan farmers and households in the kill the river and its life forms. downstream communities, Project water supply. Water is Five major rivers – Buayan, an essential, naturally- Taplan, Padada, Alip and Mateo occurring sustaining force – fow through the region and which nourishes every living to the Davao Gulf. The Padada organism. The importance of River alone is a primary water Is the “Certifcation water and the quality of water source for over 33,000 hectares sources cannot be downgraded of irrigated lowland farms. Precondition” issued and any threat to this important The mining area also straddles by NCIP to SMI in resource is tantamount to a three major watersheds – the threat to life. In the case of MC (1) Catisan Allah Watershed, order? Mehta vs. Union of India (2004), (2) Marbel Watershed and (3) the Supreme Court of India Padada River Watershed - that The Certifcation Precondition recognized that “groundwater will be afected by SMI Mining is an ofcial document issued by is a social asset” that must be operations. Direct impact area NCIP granting permission from the preserved from the threats of within the watershed totaled indigenous people for the SMI to mining within 5 kilometers 271, 175 has. These are low forge ahead with the project. This from the water resource. lying areas that are prone to certifes that the needed Free Prior contamination including the Informed Consent has already been The SMI Tampakan Project Liguasan Marsh. The Catisan satisfactorily complied with by SMI estimates a water requirement Allah Watershed comprises the from the indigenous peoples. The rate of 908 million liters largest area covering 162, 623 CP is dated September 19, 2020. per second to fully operate has. or 60% of the total impacted This issuance is questionable the gold-copper extraction areas. project as indicated in their because the FPIC process 3. SMI Tampakan Project will Environmental Impact undertaken was not inclusive. have to clear the forests. Statement (EIS), drawing down On 14 September 2020, fve days SMI, requiring a 10,000 ha the capacity of catchments earlier than the issuance of the area of project facility for that supply drinking water CP, the municipal government their operation, probably and irrigation water to NIA of Tampakan issued Resolution will be clearing thousands of irrigation systems that sustain No. 454 ofcially terminating its forestry within the area. The 200,000 hectares of agricultural agreement with Sagittarius Mines, mountainous areas which they land for 80,000 farmers in South Inc. (SMI). In fact, the municipal operate will bring about less Cotabato alone. government had asked the NCIP absorption of rainwater and to suspend the issuance of the 2. SMI Tampakan Project will even the usage of water within certifcate precondition. alter the rivers systems of the facility will bring a higher It will interest the NCIP the four provinces. The run—of of water to the low to know that platforms and project is located on top of lying areas below. These will dialogues for allowing the voices the headwaters of Tampakan directly afect the communities of indigenous peoples opposing afecting 6 major river systems. within the area which mainly TGCP have been convened many The Project will alter the river beneft from an agricultural times. If NCIP listened to these systems of the four provinces, industry. SMI will clear 3,935 conversations, it would not have pollute the watersheds, Lake hectares of forest and arable issued the CP. Buluan, Liguasan Marsh, continued on Page 16

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 15 material change in the landscape result to the depletion of fsh and would have consequential aquatic resources. Downstream, damages on the rich fora and the river ecosystem could be fauna found therein threatening irreversibly degraded if the Assailing the 812 species of fora, 247 of waters are polluted with silt which are endemics. There will and contaminated with toxic SMI Tampakan be alterations to and loss of tailings, which could in turn native habitats for indigenous deplete the fsh and marine Project fauna and fora, vegetation resources along the coasts of cover, invasion by alien the Davao Gulf. Moreover, plant/animal species, altered Lake Buluan is directly plant community species downstream from the main composition, contamination Tampakan concession. Lake lands when it starts its mining and destruction of entire food Buluan (approx. 4,954 ha) and operations. Moreover, about webs. the connected Liguasan Marsh ffty percent (50%) of the fnal are also an essential water 6. SMI Tampakan Project will mining area consist of closed source close to the mining result to food insecurity in the and open canopy forests site, which ‘supports 42,000 provinces of South Cotabato, and thirty-percent (36%) are jobs in 27,000 households Davao del Sur, Sultan Kudarat woodlands, which are used for through fsh production. Lake and Sarangani and in the entire swidden farming. Buluan produces fsh worth island of Mindanao. Agriculture over $100,000 a week. The 4. SMI Tampakan Project will is the dominant economic whole system would be very result to more frequent activity in Davao del Sur and vulnerable to acid drainage fooding and landslide in the Columbio. Various phases of and siltation. Lake Buluan, area. Clearing of thousands of open-pit mining would create with its superb sustainable fsh hectares of forests will certainly massive disturbance to the production, may be damaged or put the provinces at higher risk environmental ecosystem. even destroyed by fash foods, of fashfoods and landslide. Failure of the tailings dam is pollution and increased siltation In the Tampakan Copper- projected to severely damage which will gravely afect the Gold Project Sustainability watershed and irrigation largely Muslim population who Report of 2012 by SMI itself, infrastructures that support depend upon it for survival. the contractor of the Philippine Mindanao’s food basket. The Also under threat would be the Government under the terms Mal River, supplies two major Liguasan Marsh, an extensive of a Financial and Technical irrigation systems and 22 swamp region some 40 km Assistance Agreement (FTAA), communal irrigation systems long and 30 km wide, in central it recognized the impact of covering 13,968 has. and Mindanao. There are fertile rice- its proposed operations on involving 7,421 farmers. The growing areas and mangrove local landscapes across the life Philippine Statistics Authority forests in the marsh and a game cycle of the Tampakan Project, (PSA) provided for statistical refuge and bird sanctuary. from initial exploration to data of the production to the decommissioning and closure, national food supply of palay 8. SMI Tampakan Project will particularly the environmental in the province. Based on the violate the people’s right degradation such as erosion, statistics provided for by the to a balanced and healthful soil loss and potential soil said ofce, the region produced ecology. Pursuant to the deposition within local creeks 1,224,148 metric tons of palay in concept of intergenerational and waterways, which can be an area of 343, 620 hectares of responsibility, each of us owe caused by drilling activities and land in the year 2011, a produce the generations yet to be born, road works. that may be threatened by the to allow them to enjoy the same 5. SMI Tampakan Project will project. beneft and privileges that we enjoyed that is provided by adversely alter the landscape 7. SMI Tampakan Project will in the afected provinces. The continued on Page 17 Page 16 | A Primer on the Tampakan Mines and the Mindanao Ecology fault. This poses a big risk to generation of the value of the stability of the pond that certain traditions. Mining will be built, not to mention operations have resulted to a the possibility of a volcanic large number of displacements Assailing the eruption with the dormant in indigenous communities Mt. Matutum nearby. With for the past years as evidenced SMI Tampakan climate change, more and more by the number of mining typhoons cross the region where operations in the Philippines. In Project the mine is located thereby La Bugal B’laan v. Ramos, the La increasing the vulnerability of Bugal B’laan Tribal Association the communities to fooding of the Philippines, a farmers and landslides causing and indigenous people’s irreparable damage. Following cooperative organized under the natural resources present the precautionary principles, Philippine laws representing in our country. As, pointed we must rather err on the side a community actually afected out by the court in the case of of caution. by the mining activities of Oposa vs Factoran (G.R. No. WMCP, as well as other 10. SMI Tampakan Project will 101083) there is a rhythm and residents of the community cause grave injury to the harmony of nature present and argued that the operation of culture and traditions of the it is needless to say that every such mining would cause them B’laans. The landscapes used generation has a responsibility “irremediable displacement”. for certain sacred ceremonies to the next to preserve that Hence, operation of the (ie burial, healing, and prayer) rhythm and harmony for the Tampakan mining project will will be fattened because of the full enjoyment of a balanced not only will these greatly advent of mining. Accordingly, and healthful ecology. If such afect the livelihood of these not only did the desecration SMI project were to be allowed, communities, but it will also of the holy grounds will afect the blatant violation of such change their cultural and their ritual, but also will break right of those people living traditional practices as most the chain of the tradition as in the area is apparent, and of them will be forced to live the older generation cannot it will be going against our outside of their own ancestral anymore educate the younger duty which is to preserve our domains. environment for the sake of the future generations. 9. SMI Tampakan Project will increase the vulnerability of the provinces to disasters. The proposed mining site is traversed by numerous fault lines particularly where the tailings pond is planned to be located. A geological survey of the area reveals that Mindanao Island is traversed by the Philippine Fault and the Cotabato Fault. The deposit lies within the Cotabato Fault Zone, a west-northwest trending strike slip fault zone. The tailings pond that is to be constructed in Kiblawan lies on an area cut by a strike slip

A Primer on the Tampakan Mines and the Mindanao Ecology | Page 17 Moving Forward: What can we do to protect and preserve Mindanao’s environment?

Mindanao matters. Mindanao is our home. Signatory institutions are requested to send It is a key biodiversity area of the Philippines, the their logo and the full name and contact food basket of the country, and home to our Lumad information of their head. sisters and brothers. It is one of the last frontiers 2. Support the online campaign “Tayô Tayo Para and remaining forests in the country. Let us mind sa Tampakan” spearheaded by the Samahan Mindanao NOT mine Mindanao. Mindanao is not for (Samahan ng mga Mag-aaral ng Ateneo) of the mining, Mindanao is ours. Ateneo de Davao University. Your help and support is much needed if we are to see the next decade in this era of climate change, or Visit the Tayô Tayo FB page: https://www. even just this present pandemic, if we are to fnd our facebook.com/TayoParaSaTampakan better normal for our families and the next generations to come. Let us make this reach 10,000 signatures for the 10,000 hectares of forests to be saved from What can you do to help protect Tampakan and mining! save Mindanao? 3. Continue the Tampakan dialogues and organize 1. You may want to read and share our Unity your own forum with our young leaders, Statement against the Tampakan Mining Project decision makers, civil society, and all eco- at https://tinyurl.com/26hbly7k knights of Mindanao! For more updates, you

may also visit the facebook page of Tampakan If you wish to be included in the signatory, send Forum. an email to [email protected] indicating your full name and contact information.

Protect Tampakan! Defend Mindanao! SMI, Leave MindaNOW!

For assistance in the use of this primer, you may contact us through: Ecoteneo email ([email protected]) DACS email ([email protected]) DACS textline (09196328852)

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