Mining in the Philippines - Concerns and Conflicts

98 Antonio S. Lopez, ‘Mining is Back’ BizNews Asia, Vol 3 No 56 October 5-12, 2005 p11.
99 See La Bugal-B’laan Tribal Ass’n v. Ramos, G.R. No 127882 421 S.C.R.A. 148 (Dec. 1, 2004)
100 Companies are expected to either reduce their net mining revenues or ensure that the State is entitled to a smaller portion
of same. The lack of State control over operational expenses reported by mining companies is seen as a weakness. In
addition FTAA contracts may be negotiated with the government containing clauses that provide the means by which the
company could reduce the government entitlement. This was the case with the WMCP FTAA until the Supreme Court
ruled one of the clauses permitting it as invalid. See La Bugal-B’laan Tribal Ass’n v. Ramos, G.R. No 127882 421
S.C.R.A. 148 (Dec. 1, 2004).
101 Rapu-Rapu Finding and Recommendations of the Fact-Finding Commission on the Mining Operations in Rapu Rapu
Island, 19 May 2006, Introduction p23.
102 DENR Assessment of the Rapu-Rapu Polymetallic Project Executive Summary p9 ‘The DENR will take the required
appropriate actions to resolve hanging issues vis-à-vis Rapu-Rapu Fact Finding Commission Report. These actions will
essentially consist of the following:… 5) The forwarding of a request to the BIR to undertake an investigation of the issue
concerning alleged under-reporting of ore production.’
Available at http://www.greenpeace.org/raw/content/seasia/en/press/reports/denr-assessment-of-the-rapu-ra.pdf
103 Estimates are based on health costs, reductions in fisheries production and tourism. An Agenda for Sustainable
Development DENR in the Next 5 Years, Slide 9 quoting a World Bank report.
104 The point has been made that it should not be assumed that indigenous peoples want to partake in the development of an
ADSDPP and that by not doing so they may in fact be exercising their right to self-determination. See Notes on NCIP
Administrative Issuances 2002 – 2003 Issue Paper 2004 – 02 Legal Rights and Natural Resource Centre Inc p13
105 A complaint made by Timuay Boy Anoy among others regarding TVI and NCIP at the Canatuan mine.
106 The EIR recommends that the World Bank incorporate this sector into its Country Strategy Assessments.
107 Antonio A Tujan Jr. and Rosario Bella Guzman (2002) Globalizing Philippine Mining, IBON Foundation Inc. Databank
and Research Centre, IBON Books, Manila) p142. They estimate that this number could be as high as 500,000. They quote
Central Bank figure showing small-scale miners contributed 45 per cent of the country’s gold between 1993 and 1997 pp19
and 142.
See also Breaking Promises, Making Profits Mining in the Philippines, A Christian Aid and PIPLinks report December
2004 p18 & 19 studies by the Asian Development Bank estimated that there are 300,000 small-scale miners.
108 The fact-finding team met small-scale miners who had been operating at Mt Canatuan before TVI displaced them. They
said that the small-scale miners out numbered the total current TVI workforce at the mining site by at least two to one. This
is supported by a case study carried out by Christian Aid and PIPlinks: Breaking Promises, Making Profits Mining in the
Philippines, December 2004, p39.
109 The Benguet Corporations operation at Antamok Itogon on the Ibaloi lands displaced small scale miners. It then
switched its operations to large scale open bit mining reducing work forces from 6,000, many of whom were indigenous
peoples, to 600. Extracting Promises Indigenous Peoples Extractive Industries & the World Bank Second Edition
(Tebtebba 2005 Baguio City) p65
110 Little attention is given to small scale miners in the Philippines Mineral Action Plan. It provides large tax breaks for
foreign firms while offering no benefits, other than the regulation of their activities, to small-scale miners. Many believe
that this regulation would be used to limit their activity in favour of large mines. See ILO study of small-scale miners,
Norman S. Jennings (ed) (2002) Small-scale gold mining: Examples from Bolivia, Philippines and Zimbabwe Industrial
Activities Branch Working Paper, available at
http://www.ilo.org/public/english/dialogue/sector/papers/goldmine/130e2.htm
111 The FFT met with a small-scale miner wounded when shot at during protest against TVI. The private armed security
force known as the Special CAFGU Armed Auxiliary (SCAA) enforced a food and economic blockade against the small
scale miners in 1997. See Antonio A. Tujan Jr. Rosario Bella Guzman Globalizing Philippine Mining IBON Foundation
Inc. Databank and Research Centre 2002 (IBON Books Manila) p149, quoting Manila Times, 28 May 1997.
112 http://www.news.ops.gov.ph/inaugural_speech2004.htm
113 The Death of Life: The Horror of Extinction Sean MacDonagh SSC (Columba Press Dublin, 2005), p21 highlights that
despite the astronomical profits from mining only a few elite families benefited from logging in the Philippines. Also
interview with Sean MacDonagh, 31/07/06 Manila Philippines.
114 United Nations Conference on Trade and Development 2005 Economic Development in Africa Rethinking the Role of
Foreign Direct Investment www.unctad.org/en/docs/gdsafrica20051_en.pdf
115 Including Striking a Better Balance, Final report of the Extractive Industries Review, World Bank, Washington 2003
116 ibid, Striking a Better Balance
117 Academic reviews of the Philippines’ environmental protections have suggested that perhaps the time has come to split
the DENR functions. See A Khee-Jin Tan, All that Glitters: Foreign Investment in Mining Trumps the Environment in the
Philippines, 23 Pace Environmental Law Review p206.
118 Exploration, as defined below, that can continue up to eight years, clearly has potential environmental and social
impacts. According to Republic Act No. 7942 [An Act Instituting A New System Of Mineral Resources Exploration,
Development, Utilization, And Conservation], Section 3q: ‘Exploration means the searching or prospecting for mineral
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