Mining in the Philippines - Concerns and Conflicts

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project proposed, joint Environmental and Social Impact Assessments (ESIAs), open to independent verification, should be developed with appropriate community participation. 3 International Governance 3.1 We recommend that governments establish binding frameworks to regulate mining, and ensure access to courts and other effective mechanisms of redress within the home countries of transnational mining companies and the financial institutions that support them. 3.2 We call on the World Bank Group to uphold its mandate to help reduce world poverty and protect the environment by halting its promotion and support for mining expansion in the Philippines under current conditions. The Bank should assist with the country’s sustainable development by providing technical and financial support for the protection and development of renewable resources, sustainable activities and poverty reduction programs and support Strategy Environmental Appraisals (SEAs) of the key islands and regions affected by mining. It should be strictly guided by its Operational Principle 4.10 on Indigenous Peoples, OD 430 on Involuntary Resettlement and IFC Safeguard policies. 4 Human Rights Issues 4.1 Address Human Rights Violations. We urge the government to increase its efforts to stamp out the spate of killings of politically active citizens and prosecute the perpetrators. Independent investigations should be conducted with invites extended to the UN Human Rights Special Rapporteurs. 4.2 The implementation of laws to protect communities necessitates independent monitoring of the processes of determining FPIC and community consent. The participation in such monitoring by the Human Rights Commission, civil society, relevant religious and academic institutions and indigenous peoples organizations is required to ensure credibility. The EU and other international partners could assist in this. 4.3 Ratification of international treaties. In keeping with the spirit of the Philippine Constitutional provisions (1987) and IPRA (1997) we recommend that the Philippine Government ratify ILO Convention 169 on Indigenous and Tribal Peoples and support the Declaration on Indigenous Peoples in the next General Assembly vote. 4.4 Prior claims. In line with the 1987 constitutional recognition of prior indigenous peoples’ rights to their ancestral lands we urge the government to end the contradictory practice of allowing the proposition that mining companies can assert prior rights claims over indigenous peoples’ (the traditional owners/occupiers of the land) ancestral lands. 4.5 European Union should place an emphasis on ensuring that FPIC is effectively incorporated as a core element of the 2007-2013 EC Philippines Country Strategy Paper in its midterm review. It should exert its good offices to reduce tension and promote dialogue and a strict adherence to legal process and informed decision-making. 5 Financing 5.1 We urge mining companies and the investor community to exercise extreme caution in funding any mining operations in the Philippines until effective structures, laws and controls are in place to protect the environment and human rights. They should improve methods of exercising due diligence over investments in mining projects based on reliable independent information. 5.2 Financial probity. We encourage financial institutions to adopt and adhere to the Equator Principles, and governments in the EU and other major investor countries to ensure that public vi
money is not invested in ways which directly or indirectly support irresponsible or damaging mining projects. 5.3 Adequate bonds, commensurate with the potential impact of mining, should be required to fully cover potential damage and end-of-life environmental and social costs. Provisions for mine closure should adhere to the current highest standards as stated in the Extractive Industry Review. 6 Company specific recommendations The FFT discussed a number of cases in depth with local impacted communities. Regarding the following subset of these cases it makes a number of specific recommendations which are included in the final section of the report: Geotechniques and Mines Inc (GAMI) in Midsalip, Zamboanga del Sur, Mindanao; TVI Pacific in Mt Canatuan, Siocon, Zamboanga del Norte Mindanao and Crew Development Group in Victoria, Mindoro. vii
Page 2 and 3: Mining in the Philippines Concerns
Page 4 and 5: Table of Contents Foreword.........
Page 6 and 7: ADSDPP ASEAN CADT CAFGU CALT CBCP C
Page 8 and 9: government and international agenci
Page 12 and 13: 1. Introduction Mining has a very p
Page 14 and 15: 2. Trip Overview The fact finding t
Page 16 and 17: sold this permit to TVI, a Canadian
Page 18 and 19: Tampakan, Saggitarius Mines Inc A m
Page 20 and 21: country is in danger of being black
Page 22 and 23: of the companies proposing STD in t
Page 24 and 25: the Philippines 10 - 15 million ind
Page 26 and 27: Philippine obligations under Intern
Page 28 and 29: of the Bangsamoro homeland. The sta
Page 30 and 31: making process of all government de
Page 32 and 33: the original law. Further, they are
Page 34 and 35: 5. Recommendations The FFT offers t
Page 36 and 37: continue to explore and pursue all
Page 38 and 39: This might include provision of sub
Page 40 and 41: Appendix 1. Itinerary Fact Finding
Page 42 and 43: Appendix 2. Case Studies During the
Page 44 and 45: 1) a thorough investigation of the
Page 46 and 47: By using small-scale mining permits
Page 48 and 49: 7. As Shepherds we remind the faith
Page 50 and 51: Placer Dome (now Barrick Gold) in M
Page 52 and 53: Appendix 5. The Threat to Indigenou
Page 54 and 55: We are also calling for stronger co
Page 56 and 57: Petition against exploration permit
Page 58 and 59: Petition against exploration permit
Page 61 and 62:
Appendix 8: Mining Impacts at Mt Ca
Page 63 and 64:
Appendix 10: Maps of Marine and Ter
Page 65 and 66:
Appendix 12: Concentration of Indig
Page 67 and 68:
14 It is estimated that up to 15 pe
Page 69 and 70:
53 Chronology of Tailings Dam Failu
Page 71 and 72:
84 Report of the Special Rapporteur
Page 73 and 74:
esources by geological, geochemical
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