Mining Policy in the Philippines

Mining Policy in the PhilippinesHow are the communities and the local governments benefitting from these ongoing mining projects?

How are the projects affecting communities and the environment?

Current Philippine Mining PolicyIt is shaped by the liberal interpretation and implementation of:

State policy tends to lean on the all-out promotion of large scale mining in the countryIssues and Challenges of the Current Policy EnvironmentThe Philippine Mining Act of 1995 allows for mining even in critical areas and no-go mining zonesIt allows export of our mineral oresIt allows the 100% ownership of mining projects through the Financial and/or Technical Assistance Agreement (FTAA)Issues and Challenges of the Current Policy Environment4. Social impacts of mining

Displacement of communitiesHealth ImpactsPsychological ImpactsHuman Rights ViolationsPolicy RecommendationTo overhaul the system in order refocus the mining polices to ensure benefits for the people especially the poor and marginalized and to ensure that the protection of the environment is a priorityThus, the Alternative Minerals Management Bill House Bill No. 984) should be passedThe Alternative Minerals Management Bill (AMMB)What is the AMMB?The AMMB champions conservation of non-renewable mineral resources for the benefit of both present and future generations of Filipinos.How?By adopting a sustainable, rational, needs-based minerals management geared towards effective utilization of mineral resources for an ecologically-sound national industrialization and modernization of agriculture.Salient Provisions of the AMMB It prohibits mining operations in climate-disaster prone areas, geo-hazard areas, and small-island ecosystem.It aims to expand mining no-go zones such as:Protected Areas including buffer zones, protection forestsDensely populated areasCritical habitatsHigh-conflict areasClimate-disaster prone areas and geo-hazard areasHistorical and Cultural heritage sitesSalient Provisions of the AMMB It establishes the Multi-Sectoral Minerals Management Councils where:Different affected sectors must be representedParticipatory and localized decision-making is encouragedIt also demands mandatory consultations from the Council in each mining phase exploration, operation, and closure and rehabilitation phase

Salient Provisions of the AMMBIt ensures that the people and the government benefit from mineral extraction projects by:Requiring the processing must inside the countryCancelling all tax incentives (10% gross revenue share from mining, 10% royalties for indigenous communities, corporate and other taxes)Salient Provisions of the AMMBOn small-scale mining, it strengthened environment policies and small scale mining cooperatives are supportedFinal WordAMMB is not against mining. It merely emphasizes the value of mineral resources and reorients the current mining policies to serve the Filipinos better.Indigenous Peoples Rights: Issues & challenges in implementing IPRA Photo: During the State of the Indigenous Peoples Address 2015, August 9-11, UP Diliman

State of the Indigenous Peoples Address 2015On Indigenous Peoples in the SONA On Indigenous Peoples Land Rights and JAO 01-02Lack of Institutional coordination among government agencies in-charge of land titling => Joint DAR-DENR-LRA-NCIP Administrative Order 01, series of 2012 (JAO) 01-12 JAO 01-12 works where agencies cooperate especially at the local level But there are cases where JAO 01 further delayed CADT issuance, especially given various interests (corporate, government) to control IP land and resources Indigenous Peoples and Mining Author of Alternative Minerals Management Bill to replace Republic Act 7952 or the Mining Act of 1995 as well as the National Land-Use Act (NaLUA).Indigenous Peoples and Dams Support mini and micro hydros: no dam and minimal environmental impactFiled HB 987: Redefinition of host communitiesFree Prior and Informed Consent (FPIC) and the NCIPNCIP AO 2006: FPIC only among directly-affected (impact) communities NCIP AO 2012: including indirectly-affected communities, within an ancestral domainConflict where there is disagreement especially between impact and non-impact communities

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On Indigenous Peoples and the Peace Process

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