THE MININGTHE MININGTHE MINING THE MINING CONTROVERSY AND CONTROVERSY AND DYNAMICS OF DYNAMICS OF CONFLICT:CONFLICT:CONFLICT:CONFLICT:The Palawan ExperienceThe Palawan Experience

DatuDatu AbdelwinAbdelwin SangkulaSangkulaELACELAC P lP lELACELAC--PalawanPalawan

What is Conflict?What is Conflict?What is Conflict?What is Conflict?What is Conflict?What is Conflict?What is Conflict?What is Conflict?

It is a “It is a “state of discord caused by thestate of discord caused by theIt is a It is a state of discord caused by the state of discord caused by the actual or perceived opposition of actual or perceived opposition of needsneeds, , valuesvalues and and interests between people. It between people. It p pp pcan result in can result in stressstress or tension and or tension and negative feelings between disputants. A negative feelings between disputants. A

fli t ffli t f di tdi tconflict can range from a conflict can range from a disagreementdisagreement, or , or clash, to a clash, to a fightfight, which may consist of , which may consist of harsh words or may involve theharsh words or may involve the use ofuse ofharsh words, or may involve the harsh words, or may involve the use of use of forceforce, , armed conflictarmed conflict, or (in , or (in societiessocieties), ), warwar ””-- wikipediawikipediawarwar.... wikipedia wikipedia

INTRODUCTIONINTRODUCTIONINTRODUCTIONINTRODUCTIONThere is a growing interest among There is a growing interest among scholars policyscholars policy makers and practitionersmakers and practitionersscholars, policyscholars, policy--makers and practitioners makers and practitioners to look into the causes of conflicts in to look into the causes of conflicts in mining communities and how these aremining communities and how these aremining communities, and how these are mining communities, and how these are addressed/managedaddressed/managedSeveral mining communities (domestic andSeveral mining communities (domestic andSeveral mining communities (domestic and Several mining communities (domestic and abroad) are experiencing conflictsabroad) are experiencing conflictsManifested in various forms expressed inManifested in various forms expressed inManifested in various forms, expressed in Manifested in various forms, expressed in several arenasseveral arenasEscalated to violent confrontations and inEscalated to violent confrontations and inEscalated to violent confrontations and, in Escalated to violent confrontations and, in some cases, have resulted to deathsome cases, have resulted to death

Studies show that “mining activitiesStudies show that “mining activitiesStudies show that mining activities Studies show that mining activities precipitate more disputes over land than precipitate more disputes over land than any other industry” due to the intrinsicany other industry” due to the intrinsicany other industry due to the intrinsic any other industry due to the intrinsic nature of mining as extractive.nature of mining as extractive.“conflict between mining and other land“conflict between mining and other landconflict between mining and other land conflict between mining and other land uses seems to be inevitable” (Tariq uses seems to be inevitable” (Tariq Bakheit)Bakheit)Bakheit)Bakheit)

BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUNDBACKGROUNDBACKGROUNDBACKGROUNDBACKGROUNDIt is bordered by the It is bordered by the

i i li i fi i li i fmunicipalities of municipalities of Sofronio Espanola to Sofronio Espanola to the north; Batarazathe north; Batarazathe north; Bataraza, the north; Bataraza, south; Rizal, west; and south; Rizal, west; and Sulu Sea to the east. Sulu Sea to the east. It is located It is located approximately one approximately one hundred ninety two hundred ninety two (192) kilometers away (192) kilometers away from the City of Puertofrom the City of Puertofrom the City of Puerto from the City of Puerto PrincesaPrincesa

BIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILEBIOPHYSICAL PROFILE

Population: 54,807 (11,308 households,Population: 54,807 (11,308 households,Population: 54,807 (11,308 households, Population: 54,807 (11,308 households, 2005 census)2005 census)Density: 69 per square meter (an increaseDensity: 69 per square meter (an increaseDensity: 69 per square meter (an increase Density: 69 per square meter (an increase of 20% compared to 57.5 in the year 2000)of 20% compared to 57.5 in the year 2000)Six Barangays: 29.11% or 15,956 (3,950Six Barangays: 29.11% or 15,956 (3,950Six Barangays: 29.11% or 15,956 (3,950 Six Barangays: 29.11% or 15,956 (3,950 households) of the total populationhouseholds) of the total populationPopulation Projection: 58,457 by the endPopulation Projection: 58,457 by the endPopulation Projection: 58,457 by the end Population Projection: 58,457 by the end of 2010, computed based on population of 2010, computed based on population figure of 1995. figure of 1995. gg

Table 1: 2005 CBMS Census and Survey of Brooke’s Point

Barangay Households Population

Amas 495 2,081

Aribungos 857 4,322

Barong-Barong 642 3,282g g

Calasaguen 419 2,088

Imulnod 464 1,915

Ipilan 989 4,789

M i 587 2 780Maasin 587 2,780

Mainit 537 2,569

Malis 482 2,159

Mambalot 456 2,297

Oring-Oring 311 1,583

Pangobilian 1,362 6,918

Poblacion 1 947 4,672

Poblacion 2 620 2 887Poblacion 2 620 2,887

Salogon 635 3,130

Samarinana 551 2,598

Saraza 662 3,321

Tubtub 292 1,418

TOTAL 11,308 54,807

The topography ofThe topography ofThe topography of The topography of Brooke’s Point is Brooke’s Point is generally hilly (63.67 % generally hilly (63.67 % h l 18% dh l 18% dhave a slope 18% and have a slope 18% and above)above)Total land area:Total land area:Total land area: Total land area: 85,064.90 has.85,064.90 has.Six (6) barangays: Six (6) barangays: ( ) g y( ) g y44.04% or 37,467.50 44.04% or 37,467.50 has. has. 27 949 67 h27 949 67 h27,949.67 has or 27,949.67 has or 92.98% of the multiple 92.98% of the multiple use land are devoted touse land are devoted touse land are devoted to use land are devoted to agricultural purposeagricultural purpose

Of the 27 949 67 has of agricultural landOf the 27 949 67 has of agricultural landOf the 27,949.67 has. of agricultural land, Of the 27,949.67 has. of agricultural land, around 20,546.25 hectares or 73.5% are around 20,546.25 hectares or 73.5% are considered to be “prime agricultural land” andconsidered to be “prime agricultural land” andconsidered to be prime agricultural land and considered to be prime agricultural land and therefore, part of the Network of Protected therefore, part of the Network of Protected Agricultural Areas (NPAA) under Republic Act Agricultural Areas (NPAA) under Republic Act 8435 (AFMA)8435 (AFMA)

Existing Land UseExisting Land UseExisting Land UseExisting Land UseExisting Land UseExisting Land UseExisting Land UseExisting Land Use

Core Zone12%

swamps1%

Core Zone

Restricted Use22%

Multiple Use36%

Controlled Use10%

Traditional Use

12% Core Zone

Restricted Use

Controlled Use

Traditional Use

Multiple Use

sw amps10%19%p

Mineral EndowmentsMineral EndowmentsMineral EndowmentsMineral EndowmentsMineral EndowmentsMineral EndowmentsMineral EndowmentsMineral Endowmentsmore than 90% of mining more than 90% of mining applicants are targetingapplicants are targetingapplicants are targeting applicants are targeting nickeliferous lateritenickeliferous lateriteMantalingahanMantalingahan--Pulot Range is Pulot Range is part of the greater ophiolite beltpart of the greater ophiolite beltpart of the greater ophiolite belt part of the greater ophiolite belt of Palawan that is known to of Palawan that is known to extend from Central Palawan extend from Central Palawan and across the strait to North and across the strait to North a d ac oss e s a o oa d ac oss e s a o oBorneo Borneo Palawan ophiolite belt is Palawan ophiolite belt is believed to be coeval believed to be coeval (contemporary) with other (contemporary) with other known ophiolite occurrences in known ophiolite occurrences in the Philippines, which are hosts the Philippines, which are hosts to significant nickel lateriteto significant nickel lateriteto significant nickel laterite to significant nickel laterite deposits deposits

It has estimated aIt has estimated aIt has estimated a It has estimated a resource of approximately resource of approximately “77 million tones with a“77 million tones with a77 million tones with a 77 million tones with a nickel grade of 1.25% nickel grade of 1.25% and a cobalt grade of and a cobalt grade of 0.10% (SICI now 0.10% (SICI now Dynatec, 1997)Dynatec, 1997)Defined 60 million tons of Defined 60 million tons of mineralization and similar mineralization and similar tonnage of nickel lateritetonnage of nickel lateritetonnage of nickel laterite tonnage of nickel laterite mineralization occurs in mineralization occurs in the MacroAsia propertythe MacroAsia propertythe MacroAsia property the MacroAsia property (Phil. Star, Sept.2007)(Phil. Star, Sept.2007)

A “combinedA “combinedA combined A combined resource of over resource of over 120 million tons 120 million tons of mineralization of mineralization over the two over the two properties is properties is more than more than sufficient to justifysufficient to justifysufficient to justify sufficient to justify a processing a processing plant”plant”plant plant (MacroAsia) (MacroAsia)

Map from DENR EMBMap from DENR-EMB

Mining claims and ApplicationsMining claims and ApplicationsMining claims and ApplicationsMining claims and ApplicationsMining claims and ApplicationsMining claims and ApplicationsMining claims and ApplicationsMining claims and Applications

Brooke’s Point has three (33) mining claims andBrooke’s Point has three (33) mining claims andBrooke s Point has three (33) mining claims and Brooke s Point has three (33) mining claims and applications which include applications for applications which include applications for exploration permits, smallexploration permits, small--scale and Mineral scale and Mineral Production Sharing Agreements (MPSA). Production Sharing Agreements (MPSA). These mining claims and applications cover These mining claims and applications cover around 117,831.30 hectares of forestlands around 117,831.30 hectares of forestlands --almost the size of the entire Proposed almost the size of the entire Proposed Mantalingahan Range Protected LandscapeMantalingahan Range Protected LandscapeMantalingahan Range Protected Landscape.Mantalingahan Range Protected Landscape.

The MPSAs of The MPSAs of MacroAsia andMacroAsia andMacroAsia and MacroAsia and INC/Toledo Mining INC/Toledo Mining Corporation (TMC) Corporation (TMC) have an aggregatehave an aggregatehave an aggregate have an aggregate area of more or less area of more or less 4,000 hectares (1,114 4,000 hectares (1,114 h d 2 835 06 h )h d 2 835 06 h )has and 2,835.06 has)has and 2,835.06 has)

TMC has 54% stakeTMC has 54% stakeTMC has 54% stake TMC has 54% stake over the Ipilan Nickel over the Ipilan Nickel Corporation and is Corporation and is also managing thealso managing thealso managing the also managing the Berong Nickel Project Berong Nickel Project in Quezon, Palawanin Quezon, Palawan

The Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern PalawanThe Tenement Map of Southern Palawan

Map from DENR-EMBp

The MPSAs of The MPSAs of MacroAsia andMacroAsia andMacroAsia and MacroAsia and INC/Toledo Mining INC/Toledo Mining Corporation (TMC) Corporation (TMC) have an aggregatehave an aggregatehave an aggregate have an aggregate area of more or less area of more or less 4,000 hectares (1,114 4,000 hectares (1,114 h d 2 835 06 h )h d 2 835 06 h )has and 2,835.06 has)has and 2,835.06 has)

TMC has 54% stakeTMC has 54% stakeTMC has 54% stake TMC has 54% stake over the Ipilan Nickel over the Ipilan Nickel Corporation and is Corporation and is also managing thealso managing thealso managing the also managing the Berong Nickel Project Berong Nickel Project in Quezon, Palawanin Quezon, Palawan

The Mantalingahan Proposed The Mantalingahan Proposed P d L dP d L d

The Mantalingahan Proposed The Mantalingahan Proposed P d L dP d L dProtected LandscapeProtected LandscapeProtected LandscapeProtected Landscape

Mantalingahan RangeMantalingahan RangeMantalingahan Range Mantalingahan Range is the highest is the highest mountain in the mountain in the province (2 086province (2 086province (2,086 province (2,086 meters masl). It is meters masl). It is considered “very considered “very high” in terms of high” in terms of biodiversity due to its biodiversity due to its “varied habitats,” and“varied habitats,” andvaried habitats, and varied habitats, and has been identified as has been identified as one of the eleven (11) one of the eleven (11) important Bird Areasimportant Bird Areasimportant Bird Areas important Bird Areas (IBAs) in Palawan.(IBAs) in Palawan.

3 photos from CI

Gov. Joel T. ReyesGov. Joel T. Reyes issued Eissued Executive xecutive yyOrder No. 24 series of 2001 creating tOrder No. 24 series of 2001 creating the he South Palawan Planning and Information South Palawan Planning and Information C il (SPPIC)C il (SPPIC)Council (SPPIC)Council (SPPIC)SPPIC is composed of 5 municipalities: SPPIC is composed of 5 municipalities: S f i E l Q B k ’S f i E l Q B k ’Sofronio Espanola, Quezon, Brooke’s Sofronio Espanola, Quezon, Brooke’s Point, Bataraza and RizalPoint, Bataraza and RizalIt i tl ki f th d l ti fIt i tl ki f th d l ti fIt is currently working for the declaration of It is currently working for the declaration of the 120,457the 120,457--hectare Mt. Mantalingahan hectare Mt. Mantalingahan Range as a “Protected Landscape” underRange as a “Protected Landscape” underRange as a Protected Landscape , under Range as a Protected Landscape , under the framework of the NIPAS and the SEP the framework of the NIPAS and the SEP Law (RA 7611)Law (RA 7611)Law (RA 7611). Law (RA 7611).

Of the 120,457 Of the 120,457 h t b ih t b ihectares being hectares being proposed as proposed as protected area, protected area, approximately 32approximately 32approximately 32, approximately 32, 262.15 hectares or 262.15 hectares or 26.78 % are located 26.78 % are located in the municipality of in the municipality of p yp yBrooke’s Point Brooke’s Point

Brooke’s Point has 13Brooke’s Point has 13Brooke s Point has 13 Brooke s Point has 13 barangays that are barangays that are covered by the covered by the proposed Protected proposed Protected Landscape including Landscape including the barangays of the barangays of Calasaguen, Maasin, Calasaguen, Maasin, Ipilan Mambalot andIpilan Mambalot andIpilan, Mambalot and Ipilan, Mambalot and AribungosAribungos

THE PARTIES INVOLVED IN THE THE PARTIES INVOLVED IN THE THE PARTIES INVOLVED IN THE THE PARTIES INVOLVED IN THE CONFLICTCONFLICTCONFLICTCONFLICT

The Sangguniang Bayan of Brooke’s PointThe Sangguniang Bayan of Brooke’s PointThe Sangguniang Bayan of Brooke s Point The Sangguniang Bayan of Brooke s Point and six (6) Barangay Councils of and six (6) Barangay Councils of Calasaguen, Maasin, Ipilan, Mambalot, Calasaguen, Maasin, Ipilan, Mambalot, g pg pBarongBarong--Barong and AribungosBarong and AribungosNational government agencies: National government agencies: g gg gPCSD,DENRPCSD,DENRMunicipal ECAN BoardMunicipal ECAN BoardppMacroAsia Corporation (formerly Infanta)MacroAsia Corporation (formerly Infanta)Celestial/Ipilan Nickel Corporation/TMCCelestial/Ipilan Nickel Corporation/TMCCelestial/Ipilan Nickel Corporation/TMCCelestial/Ipilan Nickel Corporation/TMC

Indigenous People’s Groups: Indigenous People’s Groups: BROFETRICS, KKLNA, OIPAPI, Panglima BROFETRICS, KKLNA, OIPAPI, Panglima AssemblyAssemblyCivil Society Organizations: SIKAP, World Civil Society Organizations: SIKAP, World Vision, SAMMI, AMP, Irrigators’ Assns.Vision, SAMMI, AMP, Irrigators’ Assns.gg

OVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTOVERVIEW OF THE CONFLICTMining operations of Infanta and Nippon Mining Mining operations of Infanta and Nippon Mining Company of Japan started in 1970sCompany of Japan started in 1970sCompany of Japan started in 1970sCompany of Japan started in 1970sIts exploration/logging activities resulted to Its exploration/logging activities resulted to cutting down of 5 000 trees/clearing of 20cutting down of 5 000 trees/clearing of 20cutting down of 5,000 trees/clearing of 20 cutting down of 5,000 trees/clearing of 20 hectares of forestlandshectares of forestlandsIts operations caused the death of 4 IPsIts operations caused the death of 4 IPsIts operations caused the death of 4 IPs Its operations caused the death of 4 IPs (accidents), siltation of rivers; affected 50 (accidents), siltation of rivers; affected 50 hectares of agricultural landshectares of agricultural landsggIn 1975, two years after the operations, In 1975, two years after the operations, communities were affected with huge floodscommunities were affected with huge floods

The issue on mining reThe issue on mining re--emerged after two emerged after two decades and when Celestial begun itsdecades and when Celestial begun itsdecades and when Celestial begun its decades and when Celestial begun its exploration activities, formerly operated by exploration activities, formerly operated by NipponNipponLate 1990s and early 2000s civil society groupsLate 1990s and early 2000s civil society groupsLate 1990s and early 2000s, civil society groups Late 1990s and early 2000s, civil society groups began to engage in advocacy against Celestial’s began to engage in advocacy against Celestial’s alleged illegal exploration activities in Maasinalleged illegal exploration activities in MaasinMultisectoral investigation was conducted as a Multisectoral investigation was conducted as a result of the complaints of residents and result of the complaints of residents and concerned groupsconcerned groupsconcerned groupsconcerned groupsThe PCSDSThe PCSDS--led investigation found some led investigation found some violations committed Celestial (MPSA violations committed Celestial (MPSA conditions SEP Law)conditions SEP Law)conditions, SEP Law)conditions, SEP Law)In 2004, the LGUs of Brooke’s Point issued their In 2004, the LGUs of Brooke’s Point issued their endorsements for Celestial’s exploration activityendorsements for Celestial’s exploration activityp yp y

Civil society groups initiated petitions, Civil society groups initiated petitions, dialogues and fora to oppose the dialogues and fora to oppose the endorsement citing “endorsement citing “potential irreversible environmental damages” and violations ofenvironmental damages” and violations of Section 9 RA 7611, RA 7160, MPSA terms and conditionsand conditionsOn August 2005, FPIC was undertaken for MacroAsia’s explorationMacroAsia s exploration On October 2005, the LGUs briskly passed its Resolution endorsing thepassed its Resolution endorsing the MacroAsia’s exploration without public consultationsco su tat o s

Actions TakenActions TakenActions TakenActions TakenActions TakenActions TakenActions TakenActions Taken

As a result series of actions have beenAs a result series of actions have beenAs a result, series of actions have been As a result, series of actions have been initiated such as petitions, dialogues, fora initiated such as petitions, dialogues, fora and rally demanding for the revocation ofand rally demanding for the revocation ofand rally, demanding for the revocation of and rally, demanding for the revocation of endorsement.endorsement.A “Petition for Recall” was initiated after allA “Petition for Recall” was initiated after allA Petition for Recall was initiated after all A Petition for Recall was initiated after all their actions fell on deaf ears.their actions fell on deaf ears.

ISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTSISSUES AND CONFLICTS1.) Conflict between mining and the 1.) Conflict between mining and the municipality’s Comprehensive Land Use Planmunicipality’s Comprehensive Land Use Planmunicipality s Comprehensive Land Use Plan municipality s Comprehensive Land Use Plan (CLUP)(CLUP)2.) Mining within ancestral domains2.) Mining within ancestral domains2.) Mining within ancestral domains2.) Mining within ancestral domains3.) Conflict between mining and the watersheds3.) Conflict between mining and the watersheds4.) Questionable decision4.) Questionable decision--making processes of making processes of )) g pg pLGUsLGUs5. Mining within core and restricted use zones of 5. Mining within core and restricted use zones of ECANECANECANECAN6. Conflicting Interests and Perceptions of Local 6. Conflicting Interests and Perceptions of Local Stakeholders on MiningStakeholders on MiningStakeholders on MiningStakeholders on Mining

1.) Conflict between mining and the 1.) Conflict between mining and the municipality’s Comprehensive Land Use Planmunicipality’s Comprehensive Land Use Planmunicipality s Comprehensive Land Use Plan municipality s Comprehensive Land Use Plan

(CLUP)(CLUP)The mining area particularly of Celestial, which The mining area particularly of Celestial, which g p y ,g p y ,covered an area of 2,835.06 in Barangays covered an area of 2,835.06 in Barangays Maasin and Ipilan is part of the proposed Maasin and Ipilan is part of the proposed “Communal Forest” of the municipality“Communal Forest” of the municipalityCommunal Forest of the municipality. Communal Forest of the municipality. The LGU had already delineated more or less The LGU had already delineated more or less 5 000 hectares located in the buffer/controlled5 000 hectares located in the buffer/controlled5,000 hectares located in the buffer/controlled 5,000 hectares located in the buffer/controlled use zone as the proposed communal forest.use zone as the proposed communal forest.Mining was not included as part of the overall Mining was not included as part of the overall development strategies of the municipality. development strategies of the municipality. Neither it was mentioned as one of the economic Neither it was mentioned as one of the economic sectorssectorssectors. sectors.

2.) Mining within ancestral domains2.) Mining within ancestral domainsThe indigenous Pala’wan tribe has existing The indigenous Pala’wan tribe has existing ancestral domain claims covering an ancestral domain claims covering an

i f 4 600 d 10 000 hi f 4 600 d 10 000 happroximate area of 4,600 and 10,000 hectares approximate area of 4,600 and 10,000 hectares in Barangays Maasin and Aribungos, in Barangays Maasin and Aribungos, respectively respectively p yp yMt. Gantong and Mt. Kalinduan which are Mt. Gantong and Mt. Kalinduan which are believed to be sacred places (“believed to be sacred places (“panyaen”panyaen”) are ) are feared to be destroyed because of the miningfeared to be destroyed because of the miningfeared to be destroyed because of the mining feared to be destroyed because of the mining claimsclaimsMacroAsia was able to secure FPIC from the MacroAsia was able to secure FPIC from the

ff t d IP iti b t thff t d IP iti b t thaffected IP communities but the process was affected IP communities but the process was allegedly marred with bribery and manipulation.allegedly marred with bribery and manipulation.FPIC process was not in accordance with theFPIC process was not in accordance with theFPIC process was not in accordance with the FPIC process was not in accordance with the traditional practices of the Pala’wan tribe traditional practices of the Pala’wan tribe

3.) Conflict between mining and the 3.) Conflict between mining and the watershedswatershedswatershedswatersheds

The LGU has identified the forest areas located in The LGU has identified the forest areas located in Barangays Maasin and Aribungos as potential sources Barangays Maasin and Aribungos as potential sources for water supply of the municipality. for water supply of the municipality. The Mt. Gantong watershed, which is located in Bgy.The Mt. Gantong watershed, which is located in Bgy.The Mt. Gantong watershed, which is located in Bgy. The Mt. Gantong watershed, which is located in Bgy. Aribungos, is also being utilized as one of the major Aribungos, is also being utilized as one of the major sources of water for domestic and agricultural purposes.sources of water for domestic and agricultural purposes.Th C it I i ti P j t (CIP ) t th ithTh C it I i ti P j t (CIP ) t th ithThe Community Irrigation Project (CIPs), together with The Community Irrigation Project (CIPs), together with other three (3) CIPs in the municipality, collectively other three (3) CIPs in the municipality, collectively irrigate more or less 3,000 hectares of rice fields.irrigate more or less 3,000 hectares of rice fields.These rice fields produce an average of 412,000 bags of These rice fields produce an average of 412,000 bags of palay, which at a conservative estimate are worth palay, which at a conservative estimate are worth approximately P165 million, annually.approximately P165 million, annually.pp y , ypp y , y

4.) Questionable decision4.) Questionable decision--making processes making processes of LGUsof LGUsof LGUsof LGUs

The mining exploration activities of INC/TMC The mining exploration activities of INC/TMC dd M A i h b t l iti i d bM A i h b t l iti i d bandand MacroAsia have been strongly criticized by MacroAsia have been strongly criticized by

some local stakeholders due to its failure to some local stakeholders due to its failure to conduct “public consultations”conduct “public consultations”conduct public consultations .conduct public consultations .the “Resolution” endorsing particularly the the “Resolution” endorsing particularly the exploration activity of MacroAsia was alreadyexploration activity of MacroAsia was alreadyexploration activity of MacroAsia was already exploration activity of MacroAsia was already “drafted” and had no “Council deliberation”.“drafted” and had no “Council deliberation”.Local stakeholders feel that they have beenLocal stakeholders feel that they have beenLocal stakeholders feel that they have been Local stakeholders feel that they have been “betrayed” by the Local Chief Executive when he “betrayed” by the Local Chief Executive when he defied his own public pronouncement.defied his own public pronouncement.

5. Mining within core and restricted use 5. Mining within core and restricted use zones of ECANzones of ECAN

The mining claims of MacroAsia and INC areThe mining claims of MacroAsia and INC areThe mining claims of MacroAsia and INC are The mining claims of MacroAsia and INC are partly situated within core and restricted use partly situated within core and restricted use zones of Mantalingahan Range which are zones of Mantalingahan Range which are considered as “nonconsidered as “non--allowable areas” based on allowable areas” based on the updated 2005 ECAN map of the municipality the updated 2005 ECAN map of the municipality

d ECAN (RA 7611)d ECAN (RA 7611)and ECAN (RA 7611).and ECAN (RA 7611).Some stakeholders believe that the reSome stakeholders believe that the re--entry of entry of extractive industries in an area as ecologicallyextractive industries in an area as ecologicallyextractive industries in an area as ecologically extractive industries in an area as ecologically important as Mt. Mantalingahan is diametrically important as Mt. Mantalingahan is diametrically opposed to the primary objective for declaringopposed to the primary objective for declaringopposed to the primary objective for declaring opposed to the primary objective for declaring that area as a Protected Landscape.that area as a Protected Landscape.

6. Conflicting Interests and Perceptions of 6. Conflicting Interests and Perceptions of L l St k h ld Mi iL l St k h ld Mi iLocal Stakeholders on MiningLocal Stakeholders on Mining

The varying interests and perceptions of localThe varying interests and perceptions of localThe varying interests and perceptions of local The varying interests and perceptions of local stakeholders, as far as the issue on impacts and stakeholders, as far as the issue on impacts and benefits of mining is concerned, is one of the benefits of mining is concerned, is one of the causes of conflict and tension among the causes of conflict and tension among the concerned parties.concerned parties.Direct economic benefits/employment vs. Direct economic benefits/employment vs. environmental/social impactsenvironmental/social impacts

ANALYSISANALYSISANALYSISANALYSISANALYSISANALYSISANALYSISANALYSIS

The case study shows that concealment, undueThe case study shows that concealment, undueThe case study shows that concealment, undue The case study shows that concealment, undue haste and circumvention, especially if it involves haste and circumvention, especially if it involves public interest, are a recipe for social conflicts. public interest, are a recipe for social conflicts. The exclusion of the majority of the concerned The exclusion of the majority of the concerned local stakeholders in the decisionlocal stakeholders in the decision--making making process, coupled with a widely perceived process, coupled with a widely perceived circumvention on the rule of law, only strengthen circumvention on the rule of law, only strengthen the resolve of some constituents to continuallythe resolve of some constituents to continuallythe resolve of some constituents to continually the resolve of some constituents to continually distrust its public officials.distrust its public officials.

While tension is relatively manageable and the While tension is relatively manageable and the l ti hi th diff t t k h ldl ti hi th diff t t k h ldrelationship among the different stakeholders relationship among the different stakeholders

largely remains to be civil, the situation has the largely remains to be civil, the situation has the potential to escalate if the following concernspotential to escalate if the following concernspotential to escalate if the following concerns, potential to escalate if the following concerns, which can serve as “conflict flashpoints” which can serve as “conflict flashpoints” (Michael Carson, (Michael Carson, etaletal) remain unattended.) remain unattended.( ,( , ))The perceived propensity of some government The perceived propensity of some government authorities to favor mining companies, and the authorities to favor mining companies, and the ggapparent lack of transparency on the part of the apparent lack of transparency on the part of the mining companies to disclose important mining companies to disclose important i f ti t th bli l b t d thi f ti t th bli l b t d thinformation to the public only exacerbated the information to the public only exacerbated the tension within the communities.tension within the communities.

the conflict is essentially induced by thethe conflict is essentially induced by thethe conflict is essentially induced by the the conflict is essentially induced by the divergent worldviews of the local stakeholders divergent worldviews of the local stakeholders which is anchored on the economic benefits on which is anchored on the economic benefits on one hand and the environmental impacts on the one hand and the environmental impacts on the other.other.The proThe pro--mining groups believe that mining is mining groups believe that mining is one of the alternative solutions to address the one of the alternative solutions to address the social and economic inequities while the antisocial and economic inequities while the antisocial and economic inequities while the antisocial and economic inequities while the anti--mining groups believe that mining should not be mining groups believe that mining should not be considered as an option at all due to theconsidered as an option at all due to theconsidered as an option at all due to the considered as an option at all due to the richness of fishery and agricultural resources of richness of fishery and agricultural resources of the municipality. the municipality.

The potential impacts of mining on The potential impacts of mining on e po e a pac s o g oe po e a pac s o g owatershed areas (Aribungos and Maasin) watershed areas (Aribungos and Maasin) are not seriously considered because are not seriously considered because yythese are not “declared” and the demands these are not “declared” and the demands of Irrigators’ Associations have not been of Irrigators’ Associations have not been ggacted upon by the concerned authorities acted upon by the concerned authorities (DENR, LGU).(DENR, LGU).( , )( , )

RECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSRECOMMENDATIONSEstablishment of mutually acceptable and Establishment of mutually acceptable and transparent mechanism/s and strengthening oftransparent mechanism/s and strengthening oftransparent mechanism/s and strengthening of transparent mechanism/s and strengthening of existing structuresexisting structuresStrict implementation of applicable laws, Strict implementation of applicable laws, p ppp pppolicies and ordinancespolicies and ordinancesEnhancement of skills and knowledge of local Enhancement of skills and knowledge of local t k h ld fli t l ti dt k h ld fli t l ti dstakeholders on conflict resolution and stakeholders on conflict resolution and

managementmanagementThe use of independent neutral and thirdThe use of independent neutral and third--partypartyThe use of independent, neutral and thirdThe use of independent, neutral and third--party party to facilitate the resolution of the conflictto facilitate the resolution of the conflictReview of the ECAN guidelines on the SEP law Review of the ECAN guidelines on the SEP law ggin relation to other Environmental Laws and in relation to other Environmental Laws and mining activities mining activities

Makidram nang salamatMakidram nang salamatggmaraming salamatmaraming salamat

Thank youThank youThank you...Thank you...Wassalam…Wassalam…