The Catholic Church in the Philippines, a powerful political and social force, has called on new President Benigno Aquino III to scrap a law that allows foreign investors to fully own local mining ventures.

Bishops, priests, pastors, people from all walks of life and non-government organizations have taken a stand against the unfair, exploitative and damaging mining operations in this country. It is an important moral issue because for generations 75% of the people have endured a life of poverty and want, exploitation and injustice. Wealth distribution in the Philippines is among the most unequal in the world and 1% of the population unjustly own or control 70% of the national wealth.

The mineral wealth is said to be worth US$680 billion and is the heritage of the Filipino people. If not stolen by the 1% it can be a way out of poverty for millions.

However the small minority of the 1% of the super rich in cahoots with multinational corporations are trying to get all the valuable minerals they can for themselves and share practically nothing with the people. The crooked law of 1995 and the past administration favored the thieves and allowed them to pay less than 2% tax obligation on earnings. In Australia the mining corporations now pay 35% of their profits in tax.

The mining corporations in the Philippines don’t even have to pay any tax until they have completely recovered their costs and made a profit. With slick manipulative bookkeeping and smart tax lawyers that could take up to ten years and even then they can show a loss. The Alliance to Stop Mining said in a newspaper advertisement recently, “…..while the mining corporations use the Philippines as a milking cow, the owner of the natural wealth only gets dog food”. In other words mining is of no economic advantage to the Filipino people. This is the serious injustice facing the nation that has to be addressed.

The mining companies will claim otherwise. If they will open their books, bank accounts, (especially the dollar accounts) and tax records to the public then we might see the truth. Let’s see what they earn considering the astronomical high prices for mineral commodities on the world market today.

The government, elected by the people to address this issue among others, does not treat the people as dogs and to prove it, the President will issue a Executive Order (EO) to bring this tax free exploitation to an end and impose at least a 20 %tax on large scale mining and end the corruption and environmental destruction caused by the irresponsible mining industry. However the passing of the new mining law is the best solution.

In a previous article I pointed to the abandoned open-pit mining operation in San Marcelino where Benguet Corp. operated for years, a huge crater remains, a mountain has been destroyed with it’s bio-diversity and an entire valley has been left abandoned and poisoned. The open-pit mining operation in Tampakan, South Cotobato is so huge you could fit two Empire State buildings one on top of the other in it according to the Alliance to Stop Mining.

The Filipino people are demanding a total halt to the rampant and out-of-control massive irresponsible mining operations that are destroying the environment and bring no benefit to the people or the nation.

Manila Auxiliary Bishop Broderick Pabillo said the mining law of 1995 should be repealed and the proposed new People’s Mining Bill passed by congress. That is the increasingly loud cry of the people from all over the country.

The Catholic Bishops Conference of the Philippines (CBCP) representing the voice of 125 Bishops has supported this unequivocally. The bishops called for a halt to large scale mining until this new law is passed. In an ecumenical move Catholic and Protestant Bishops made a statement: “We the Ecumenical Bishops Forum, Express alarm over the wanton abuse of natural resources by the transnational mining corporations with their local cohorts in South Luzon Region, especially Bicol” They went on to say: “Destructive mining is blatantly unethical, unjust and senseless for it exacerbates poverty, causes dislocation of the livelihood of the people, and threatens the base of life and life itself”, the bishops said.

There we have it, the plain bald truth. The way the minerals are extracted is detrimental to the environment; the earnings for the people are zero. The proposed new law must be passed to make mining a responsible industry that protects the environment and gives just and fair benefits to all.

The subterranean river of Puerto Princesa is a must see position when you strategy to visit Palawan. The underground river in Puerto Princesa is considered to become the longest and most navigable subterranean river on earth.

Environmental protection groups on Monday asked the Ombudsman to investigate mining-related actions and decisions made by the Palawan Council for Sustainable Development (PCSD) which, they said, had led to the destruction of the province’s forests and watersheds.

In a letter-complaint to Ombudsman Conchita Carpio-Morales, the environment groups also asked that the appropriate cases be filed against the PCSD officials once their complaints had been verified.

The letter was signed by ABS-CBN Foundation manager Regina Lopez, Aldaw Network chair Artiso Mandawa, Calategas Irrigators Service Association president Danny Cabiguen and Sagip Brooke’s Point representative Job Lagrada.

Enforcement of provisions

In the letter, they said PCSD officials had failed to enforce the provisions of the Strategic Environmental Plan (SEP) for Palawan, a special law that aims to ensure that forests would be protected through a total commercial logging ban in environmentally critical areas and that watersheds and biological diversity are protected.

The SEP also seeks the protection of tribal peoples and their culture, as well as rare and endangered species and their habitats, among others.

According to the environment groups, the PCSD officials issued SEP clearances for mining operations within natural forests. They noted the SEP states that natural forests must be fully and strictly protected and be free of human disruption.

Clearances for operations

But they charged that nine mining firms had been issued clearances for their operations that “covered and endangered natural forests.”

“The issuance of SEP clearances paved the way for the conduct of mining operations in natural old growth and residual forests,” they said.

They further alleged that the mining activities resulted in the nickel laterite pollution of farmlands in Narra and Bataraza, deforestation in portions of watersheds and key biodiversity areas, a reduction in farmers’ incomes, and seasonal cases of skin problems among residents in the mining areas.

The groups also contended that the Palawan officials essentially allowed the rezoning of natural forests to accommodate mining interests.

They said as well that the PCSD failed to monitor and prevent the encroachment of palm oil plantations into forest areas.

“While palm oil plantations are generally located in agricultural lands, it is disturbing to see edges of forest areas being threatened by such exotic species,” they said.

The Palawan officials also allegedly failed to stop the development of fishponds in mangrove areas, the groups said.

They said PCSD officials had demolished illegally constructed fishponds in the past, but the efforts were not continued. They also alleged the PCSD did not initiate actions that would have led to the rehabilitation or restoration of abandoned mine sites in Palawan.

Resource degradation

“We strongly believe that if these key and senior officials of the PCSD were doing their jobs faithfully and conscientiously, the deforestation and resource degradation taking place in Palawan could have been avoided or mitigated,” they said.

In Puerto Princesa City, Palawan Governor Abraham Kahlil Mitra, also the PCSD chairman, said “maybe she (Lopez) should attend to environmental destruction at the Makati West Tower of the Lopez family first before proclaiming she is an environmentalist.”

In a text message to the Philippine Daily Inquirer, Mitra added: “Also, her family controls the power plant that gets its gas from Malampaya which is in Palawan, which is also an extraction of natural resources.”

Mitra said he would not comment on the letter of the environmental groups to the Ombudsman “until I see it.”

Elizabeth Maclang, advocacy officer of the Palawan NGO Network that was part of the group that initiated the complaint, said their complaint was “part of our overall effort to demand accountability from our local officials on the clear violation of our environmental laws in Palawan.”

P50-M damage suit

She said that in October, farmers from the mining town of Narra filed a P50-million damage suit against PCSD officials led by former Governor Joel Reyes for allowing a Canadian mining project in alleged violation of Palawan’s special law which protects natural forests from mining and similar “resource extractive” project.

The case stemmed from the Canadian firm MBMI Resources’ alleged failure to prevent siltation of their farm lands that resulted in widespread damage to rice fields.

The company, according to Maclang, was extended “special favors” by the PCSD and the provincial government which allowed them to operate. With a report from Redempto D. Anda, Inquirer Southern Luzon

De la Peña, who was named one of the most outstanding coffee farmers of Amadeo at the Pahimis (thanksgiving) festival last Friday, expressed disgust at the price being offered that day: “It’s too cheap. My son said it’s higher in the world market. He checks it on the Internet!”

The town of Amadeo, whose farmers grow the premium Robusta beans that food giant Nescafé uses for its instant coffee, does not own a community roaster. As such, coffee producers there have no choice but to sell their green, unroasted beans to food conglomerates like Nestlé, and to a limited extent, the Universal Robina Corp., which both seek to keep prices low.

Just one roaster

Imagine then what one roaster could do for the Amadeo farmers. Elsa Honrada, a technician at the Department of Agriculture (DA) whose family owns a coffee farm, said a community roaster could boost the income of the town’s farmers who all depend on Nescafé to purchase their beans.

Since the company buys almost all of the farmers’ green beans, it has the power to dictate the price. A roaster would be a blessing as roasted beans are more expensive, said Honrada. “It is pricier because it has added value,” she explained.

Having a roaster will also enable the farmers to expand their market, she said.

There are about 4,000 coffee farmers in Amadeo. The town used to have as much as 15,000 hectares of land devoted to the bean before pests and low coffee prices brought down the coffee industry there in the 1980s. Today, only 3,600 hectares are planted with coffee, 90 percent of which is devoted to the Robusta variety.

At present, most of the farmers in Amadeo go to a company in Silang, Cavite, to roast their coffee, a tedious and expensive process.

P100-million rescue program

To help the coffee growers, Sen. Francis Pangilinan and the local government of Cavite have come up with a P5-million grant that will make it possible for the Amadeo farmers to buy a 10-kg roasting machine under a farm program aimed at  injecting modest but timely interventions that could lead to big and lasting results for the farming communities.

The program, called Sagip Saka (Farm Rescue), is an initiative of Pangilinan, who chairs the Senate committee on agriculture and food, the DA and private stakeholders.

With an initial funding of P100 million, the program has set out to modernize the country’s agriculture and improve the quality of life in the rural areas and make the Philippines food-sufficient. The program also encourages the farm sector to be competitive so that it can export its products to other markets.

“If the government does not support the coffee industry, the farmers’ incomes and production would go down. The government must intervene to keep the coffee industry alive and to protect it,” Pangilinan said.

Much in demand

Coffee is one of the most valuable agricultural commodities in the world. Pangilinan said roasted Amadeo coffee could even fetch a price double that offered by Nescafé. If Amadeo farmers can roast their own coffee, they could sell it to other food companies and cafés. They won’t be tied to whatever price Nescafé wants and would have more options, he added.

Private-sector partners are also willing to help Amadeo growers take advantage of the Filipinos’ thirst for coffee by helping them market their beans, the senator said. The demand for coffee in the country stands at 60,000 metric tons a year, 40,000 metric tons of which has to be imported, Pangilinan said.

The Amadeo community is just one of the 25 beneficiaries of the Sagip Saka program, which provides modest help to farmers and fishermen with an initial funding of P100 million.

Simple interventions

Many of the projects are simple interventions with long-lasting results. In Leyte, for instance, a 30-member fishing cooperative only needed ring-net fishing gear for its members to increase their catch.

The farmers of Sumilao, Bukidnon, who recently came into land under the Comprehensive Agrarian Reform Law, will be given trucking and farm input support to reduce the costs of hauling seeds, input and labor from their 97-hectare communal farm.

“The truck would also reduce the marketing cost of delivering its products to buyers. In addition, the cooperative would be able to provide trucking service to other farmers and surrounding communities,” according to the project’s briefing paper.

Sagip Saka also provides interventions on credit and market access. According to Pangilinan, food companies like Jollibee Corp. and San Miguel Corp. have pledged to buy supplies from the Sumilao farmers under the program.

The program also provides for infrastructure, postharvest facilities and research and development assistance to the farmers.

Leaving the farms

Noting that an average Filipino farmer earns about P23,000 a year, Pangilinan said it was no wonder that many of them want to leave their farms as agriculture would never be able to pull them out of poverty. The average age of a Filipino farmer is 57, he noted.

“The real heart of Sagip Saka is the drive to bring farmers and fisherfolk out of poverty and give them the respect that their professions so deserve, with the belief that empowering our agricultural sector with financial stability and disposable income will also make a huge impact on our economy,” Pangilinan said.

Sagip Saka was conceived after Pangilinan took over the chairmanship of the agriculture and food committee. The guidelines for the Sagip Saka program were drawn up following a series of meetings with the private and public sector last year.

“Sagip Saka is meant to give agriculture and fisheries the primacy that it deserves by focusing on improving the quality of life of our farmers and fisherfolk and, in doing so, building sustainable farming communities nationwide as a means to achieve food security,” Pangilinan explained.

Restoring rice terraces

Aside from the programs mentioned, Sagip Saka has also allotted funds for the restoration of the Banaue rice terraces and for the preservation of the heirloom rice varieties in that region.

Funds were also given to a tuna-fishing community in Tiwi, Albay, for the construction of a landing port and to an organic rice farming town in Camarines Sur to help it market its products.

Producers of cash crops like mango, rubber and coconuts are also beneficiaries of the first tranche of the Sagip Saka funds.

In exchange for the assistance, the beneficiaries are expected to use the money wisely. There will be a monitoring of expenses and utilization of the funds, Pangilinan said. Local governments are also expected to give their share to the program’s funds as well as extend technical assistance as they are also stakeholders, he said.

“This is not a one-shot deal because our focus is to make the program sustainable so that we can help more agriculture and fisheries workers and communities in the coming years. This is not charity or a dole-out because every Sagip Saka community has gone through a thorough screening, and we have a criteria for selecting our beneficiaries,” he said.

Zambales Gov. Hermogenes Ebdane Jr. accused of role in mining theft

OLONGAPO CITY—A mining company has accused Zambales Gov. Hermogenes Ebdane Jr. of issuing mining permits to rival firms which are allegedly engaged in mineral theft.

Benicio Eusebio, president of Consolidated Mines Inc. (CMI), a company based in Masinloc, Zambales, said Ebdane issued in 2011 at least six small-scale mining permits, with one covering existing chromite stockpiles from more than 50 years of mining by Benguet Corp. and CMI in Coto Mines in that town.

Eusebio said that to date, more than 35,000 metric tons, valued at P81 million, had been hauled by these six small-scale mining firms to a newly constructed port owned by another firm in the area.

Eusebio said three vessels already loaded with chromite, totaling 20,000 MT, had sailed out to China.

Eusebio said Arsenia Lim, owner of Shyne Trading and Trucking Corp. who entered into a sales agreement with Benguet Corp. over the same stockpile, had also been victimized by the small-scale mining firms.

But in Baguio City, Ebdane said he was being criticized for large-scale mining activities in his province. “I’m not getting flak from small-scale mining. I get flak from large-scale mining,” he said.

Ebdane, who attended the Philippine Military Academy homecoming on Saturday, said he has no stake in mining activities in his province for which his administration has been criticized.

He said his only task is to push operators to secure environmental licenses, including black sand operations.
“They’ve been trying to pin me down about the operations of large-scale mining. But large-scale mining is beyond the authority of the governor. I told the people if they don’t comply with environmental requirements, then so be it, we close it. It’s OK with me because mining offers little benefit to the province,” he said.

Ebdane said the provincial government receives only 2 percent from large-scale mining proceeds and only the national government benefits from the operations.

Small-scale mining activities, he said, had been helping improve the economy, particularly the retrieval of black sand for export.

“We have no problem like [the black sand quarrying in] Pangasinan, La Union and the Ilocos because for us black sand is waste polluting the rivers,” he said. Robert Gonzaga, Inquirer Central Luzon, and Vincent Cabreza, Inquirer Northern Luzon

Philippine President Benigno Aquino (L) talks to students at a college auditorium in Manila, while Vice President Jejomar Binay (2nd-R) listens. Aquino said on February 16, people must take a stand against the impeached Supreme Court chief justice, warning an acquittal would derail the fight against corruption.

Ordinary people who have been watching the impeachment trial at the Senate wonder why lawyers cannot seem to ask the most logical questions in the most direct way. Like: How much money did the Corona couple keep in the bank right up to the day they simultaneously withdrew all their deposits?  What were the sources of these deposits? If the withdrawals were made out as manager’s checks, have these checks been negotiated? By whom? More to the point: if impeachment is a valid reason for breaching the confidentiality of peso accounts, why can’t the impeachment court ask all the major banks to report all accounts kept by the Corona couple in their banks?

The simple answer is that the secrecy of bank accounts is strictly protected by law, and the rules of court prohibit asking general questions that take the form of a “fishing expedition.” The law requires that charges filed against anyone in court must be specific enough to allow verification. They must not be so broad in scope as to cover information not directly referred to in the charges or the alleged facts. There is a very sound reason for this. The Constitution itself commands it; it is the state’s way of institutionalizing the limits of its power over the individual.

Accordingly, a case filed against an accused does not automatically confer on anyone the right to peer into every aspect, or detail, or secret of his life. The prosecutor must show the basis for bringing up every piece of information concerning the accused. Such information has to be relevant to the specific charges or to the facts alleged.

No one has been more assiduous in enforcing the rules governing judicial trials than the head of the defense panel, former Supreme Court Justice Serafin Cuevas. He cannot be faulted for repeatedly raising objections on the floor. That is his job – to protect his client. Unfortunately, his objections often appear as attempts to block the “truth.” He is right to insist that not every “truth” needs to be known. Only those “truths” that can be connected to the specific charges and allegations mentioned in the case can be considered valid. Understandably, this is not easy to appreciate or accept from the standpoint of everyday common sense. We all grow up believing that every truth is worth knowing because the truth will set us free.

That is not how lawyers think. “The small subset of the world that an animal is able to detect is its Umwelt,” says the neuroscientist David Eagleman. “We accept our Umwelt and stop there.” The lawyer’s Umwelt is quite restricted. The lawyer sees only what the cognitive rules of his profession permit him to see. He is, in a way, color-blind; and usually he is not aware of it.

He takes comfort in the thought that facts unearthed in the course of a trial, whose relevance has not been shown, are as good as non-existent. He knows they can be stricken off the record of the trial, and cannot be offered as evidence. But, in reality, such information cannot be erased from the consciousness of judges, jurors or, least of all, the viewing public.

Here we see the problem that the defense panel confronts. The basic charge against Corona is lack of integrity, which disqualifies him from holding the highest position in the Judiciary. While the burden of proving lack of integrity formally rests with the prosecution, it is the accused in fact who is under greater compulsion to show that he is a person of integrity.

The reason for this paradox lies in the very nature of impeachment itself. What is being impeached is one’s credibility no less. It is not one’s property or money or liberty that is at stake here (although one may lose these too once a criminal case is filed). It is one’s moral fitness that is being challenged. We expect a good person whose integrity is under assault to go out of his way to remove any doubt about his life, his possessions or his actions. If Chief Justice Corona values his integrity, he should not hesitate to issue a blanket authority to make public all his bank accounts. The worst thing he can do is run for help to the tribunal he heads to protect the secrecy or confidentiality of his assets.

His is the obligation to prove his trustworthiness not only in words but also in deeds. If he has nothing to hide, then he has nothing to fear. But, every time he or his lawyers block the release of information about his properties and bank accounts, he commits what discourse analysts call a “performative contradiction.” His actions belie his words. Ironically, the more his lawyers succeed in protecting his right to privacy, the more he becomes suspect in the public eye.

Impeachment is not a strictly legal process because it is also a battle for public opinion.  Knowing this, one would have thought that the defense’s best strategy was to volunteer information, rather than to suppress it. Obviously, this is not how Chief Justice Corona and his team have chosen to play the game. Inside the impeachment court, they employ all the legal tools at their disposal to block the flow of information. Outside the court, Corona tries to draw public attention away from his own offenses by attacking his No. 1 critic, President Aquino, in the vain hope of putting him under trial as well.

By engaging the accused in a verbal brawl, the President risks lending credence to the charge that this case is driven by vendetta and that it has nothing high-minded about it. At this point, there is more than enough damaging information to warrant Corona’s conviction. It is better, I think, for P-Noy to stand aside and let the Senate finish its work.

The Philippines is considering measures to tighten mining rules, cut tax breaks and review resource contracts under a policy that would boost state revenue from mining and limit the industry’s impact on the environment.

President Aquino plans to issue a historical Executive Order (EO) to regulate the mining industry to protect the environment and the rights of the people. A strict order is needed and hopefully, it will levy at least a 20% tax on mining profits. Hundreds of thousands of justice loving Filipinos live in hope and expectation that it will be so.

Mining in the Philippines has a bad reputation for environmental destruction, bribery, low tax and even extensive “tax holiday” privileges despite soaring commodity prices. It has provoked reaction and a strong people’s power opposition. (See the resistance to these incursions www.preda.org/en/environment). The investors in mining don’t need low tax incentives. The high commodity prices of minerals worldwide assure big profits. There should be no mining allowed where there will be serious environmental and community damage.

Without strong taxation on the mining industry, the government and the people will get practically nothing from the vast wealth of the nation’s minerals. In Australia, the profits of mining corporations are recently taxed to 35%. Now that is what we need in the Philippines.

If ever mining is allowed, the minerals must be processed in the Philippines, not shipped abroad as raw materials. Processing gives added value and bigger tax revenue and more jobs for Filipinos. Communities, schools, hospitals and homes must be built in advance to highest standards for the people of the area where mining is allowed, if ever, then only under the strictest regulations and supervision. Mining sites must be open to media and NGO’s for transparency and monitoring of compliance with the law.

Employees must be paid the highest wages and must be from the locality and not foreigners. Today, Chinese workers are brought in to work in some mining operations. Even If we have responsible mining, a hefty bond must be paid in advance for the restoration of the environment in case of any damage.

We see damage everywhere in the mining industry. When opposed by the people protecting the environment, they harass them with baseless legal complaints like in Midsalip, Zamboanga del Sur where the Columban Missionaries are criminally charged together with the people for defending the environment against the mining company. It is a travesty of justice just like the damage done by mining to the environment.

As I look out my window across Subic bay towards Matain, I can see the remains of the long conveyer belt and the abandoned wharf. There, the ships bound for Japan berthed year after year and greedily swallowed the millions of tons of black chromate with its mixture of precious sparkling gold flakes.

The once great storage warehouses now stand empty, silent witnesses to the plunder of nature and the destruction of the mighty mountain in Pili, San Marcelino, Zambales. There, the once majestic mountain covered in forest solid against a blue sky stood proudly providing a bounteous home to the indigenous people for generations. In the 70′s, I often traveled there to the villages of the indigenous people on my pastoral visits.

Then one day, with a single stroke of pen, a scribbled illegible signature by a distant government official, its fate was sealed and doomed. Then came the killer chain saws and the bulldozers, the backhoes and the dynamite, the crushers and the trucks. They roared and ranted in a frenzy, attacking the serenity of nature, ripping it apart, year after year. Digging, scraping, scarring, killing all living creatures and reducing to powder all the earth and rock in the rollers of the mighty crushers.

The huge trucks transported its dying heart to the waiting ships. Insatiable appetites demanded more and more until it was almost all gone. Then nature reacted. The mighty Mt. Pinatubo belched forth its angry torrent of protest and ended it all. Today, the mountain and valley is abandoned and dead, a gaping gigantic wound in its side, a white shroud of volcanic ash covers its ugliness. Below in the valley, a poisoned lake of toxic chemicals has killed all life.

Here can be seen the evidence that the promises of mining companies and their corporate and government backers are but falsehoods and lies. Here is seen the evidence of empty promises that we hear today from the Chamber of Mines and their members and backers. This is what President Benigno Aquino will surely regulate and it must be strong and for the people.

For over 30 years, the Marcopper Mining Corporation has been operating on Marinduque Island in the Philippines. The mine operations there have caused innumerable troubles; serious health and environmental problems have placed the community at risk. The island of Marinduque is a very poor area and relies heavily on agriculture and fishing. Mining in the area has polluted waterways, killed fish, and flooded agricultural fields. One resident observed, “over the years’our lifeline–this brook used for everything from drinking to washing down buffalo–had been shrinking.” Not only was the supply of water shrinking, but it was contaminated. People were being poisoned indirectly through the fish and water, but also, workers were dying from direct contact with the mining operations. One man, who worked 10 years as a driver for Marcopper, died at the young age of 39 due to lung cancer. Doctors reported it was caused by the “red dust” he encountered at work everyday. His terminal illness was compensated by a month’s wages (Hamilton-Paterson 1997).

Despite these negatives, Marcopper employs about 1,000 people, mostly from the island. The corporation also provides $30 million a year for local goods and services, as well as the electricity for the province (Tauli-Corpuz). Still, this island remains one of the poorest parts of the country. The government of the Philippines supports multinational corporations and actively seeks to bring their investments, like mining, into the country. Things like The Mining Act of 1985, which allows a mining company to own 100% equity, and the lax environmental regulations, are in existence to attract companies. Marinduque has tried to get their voices heard, but their claims against Marcopper are largely ignored. The struggle between development and the environment is apparent here, and is a problem being faced more and more frequently in developing nations.

Background

Mining is the process of removing ore from beneath the earth’s surface. There are two types of mining that are traditionally used, appropriate to the nature of the deposit. Open pit mining is used when a shallow layer of material covers the ore. Heavy machinery is used to lift off earth and uncover the minerals. When the ore is far enough down where open pit mining is not practical, the more traditional underground method is used. Shafts are driven into the ground to remove the material and bring it to the surface. Once removed, the ore-bearing rock is ground up into powder and mixed with water and chemicals into slurry. Compressed air is pumped through the mixture causing the copper to hold to the bubbles. These bubbles are then skimmed off the surface and the minerals can be used. The rest of the mixture, or tailings, is waste (Hamilton-Paterson 1997).

In 1969, the Marcopper Mining Corporation began mining operations on Marinduque Island. Placer Dome, a Canadian company, co-owned (40%) and managed the corporation. The Mt. Tapian site was the first mining location on the island. Here, open pit mining was used to produce copper concentrate. Until 1972, Marcopper disposed of its waste on land. This changed in 1975 when a blanket permit was given to Marcopper, which allowed them to dump mine tailings into the Calancan Bay at the rate of 2.5 tons per second. The amount of tailings produced from mines in Marinduque is high because the ore is low grade, containing only 0.44 percent copper. This means a large amount of rock has to be removed and ends up as waste (Hamilton-Paterson 1997).

From 1975 to mid-1991, Dome dumped some 200 million tons of mine tailings via surface disposal into Calancan Bay. The shallow bottom is covered by approximately 80 sq km of tailings including a five km long causeway of exposed tailings. Throughout this period, Placer Dome denied the dumping hurt the fishermen, who relied on the bay as a livelihood (KASAMA 1998). Not only was waste entering Calancan Bay, but in order to drain rainwater from the mining pit, a tunnel was built from the mine to the Boac River.

The Mt. Tapian reserve was depleted in 1990 and Marcopper opened the San Antonio copper ore body, three kilometers north of the Mt. Tapian area (The Marinduque Island Mine Disaster). A tunnel, which led from the Tapian pit to the Boac River, was sealed, and the pit became a storage space for mine tailings from San Antonio. This occurred due to protests from the community concerning dumping into Calancan Bay. The Department on Environment and Natural Resources (DENR) gave Marcopper an environmental compliance certificate (ECC) on April 16, 1990, allowing them to operate for 10 years, using the Tapian pit as a tailings dam (Tauli-Corpuz).

Fears Tapian would not hold all of San Antonio’s waste led to Marcopper investigating the possibility of a dam in Mogpog River. Plans for the Maguila-guila dam began in 1990. The people of Mogpog sent out numerous petitions and resolution to stop the dam because of the effects it would have-mine waste pollution along with increased flooding. Despite the protest, Marcopper went ahead and began construction in 1991. After the completion of the dam in 1992, villagers started noticing waste flowing into the river as well as the appearance of large quantities of dead fish. Siltation from the waste dump started building up in the Mogpog River increasing the severity of flooding in the rainy season. The seasonal rains in 1993 caused intense flooding and the dam collapsed altogether. Toxic silt and water flowed down the river and into the town, destroying homes and rice fields, and killing animals. Two people lots their lives because of this accident (Marinduque’s Other Toxic River).

Three years later, on March 24, 1996, 2-3 million tons of mine waste leaked into the 26- kilometer long Boac River. The plug that sealed the Tapian pit tunnel to the Boac had fractured, releasing mine waste at a rate of 5-10 cubic meters per second. The pit contained around 23 million metric tons of mine waste (Tauli-Corpuz).

The immediate effects were disastrous. Flash floods isolated villages and one was buried under six feet of floodwater. The channels, as well as the valley floor, were buried under mine tailings. Agricultural fields were inundated, and the drinking water residents relied on was contaminated. Fish, shrimp and other food sources, which are the main livelihood for those who do not work for Marcopper, were immediately killed. The government declared the Boac River dead. Twenty villages out of the 60 had to evacuate their area following the accident. A report released on April 17, 1996 by the Department of Health found nine residents in the area to have zinc levels in their blood more than 200% above safe limits. Water samples found levels of contamination 1,300% above the human tolerable level of .5 microgram per 1/1000 liters of water. Despite these findings, Marcopper held on to the claim that the tailings were non-toxic. Residents also complained of skin irritations and respiratory problems, which could have been caused by the poisonous vapors emitted from tailings (Tauli-Corpuz).

After the disaster, Marcopper and Placer Dome closed down all mines. The government attempted to cover up the fact they did enforce environmental laws throughout the years. The DENR Undersecretary for the Environment and Research, who signed the ECC, said that he did not know of the Tapian drainage tunnel. The corporation and the experts hired on the environmental impact study had made no mention of it to him. The residents in Marinduque claimed they knew about the tunnel for almost 20 years. Evidence came to light that Marcopper knew of the leak in the drainage tunnel well in advance of the accident, as there had been a long history of problems (Tauli-Corpuz). In August of 1995, the corporation, with the help of a geotechnical consultant, plugged leaks. Another hole was plugged after a minor leak in October of 1995. The Bureau of Mines, who monitored Marcopper�s compliance with the ECC, made no report of this. Placer Dome claims it met every environmental standard set the government of Ferdinand Marcos, who had been in power 10 years previous to the accident.

The 1996 accident became known as the “Marcopper Mining Disaster”. It brought national and international attention to Marinduque. Experts and scientists poured into the island province to study the disaster, and eventually learned of the problems that had been occurring for years. Because of the support coming in from outside the community, the people had more power to mobilize. They then came to face a new struggle- how do they recover from the years of damage, and should they stop Marcopper from mining in Marinduque in the future?

Key Actors

Marcopper Mining Corporation

Marcopper is the largest employer on the island of Marinduque and created most of the infrastructure on island. The company also makes up most of Marinduque’s revenue. The mines produce 20% of the country’s copper supply. A guided tour around the mine site can be taken. The site has facilities like swimming pools, bowling lanes, basketball, tennis courts and an 18-hole golf course (Travel, description, information & facts of the Philippines). After the spill, Marcopper took no responsibility and did not participate in clean-up efforts. The corporation is currently entering bankruptcy.

Placer Dome

Placer Dome was formed in Vancouver, Canada, in 1987 by the merger of Placer Development Limited of Vancouver, and Dome Mines Limited and Campbell Red Lake Mines Limited of Toronto. Today they are the 5th largest mining company in the world and have 15 mines in 6 countries, employing 12,000 people. Their main interests lie in gold and hold reserves of approximately 60 million. A quote from their website states, “we aim to provide�improved standards for the people living in the regions of the world where our mining operations take place” (Placer Dome Homepage). Placer Dome owned 40% of Marcopper’s two mine sites in Marinduque and filled the top management positions of President and Resident Manager for the entire 30 years (Placer Dome in the Philippines).

A year after the accident in 1997, they sold all shares. In fairness, Placer Dome did pledge to clean up the Boac River of the tailings, even as it denied responsibility for the spill. They pointed instead to a minor earthquake that took place a week before the tragedy as the executor. After 4 years, they still have a large cleanup project on their hands- about $60-million dollars and counting. Two of its Marcopper executives still face criminal charges (Coumans 1999).

Department of Environment and Natural Resources (DENR) & Mines and Geosciences Bureau (MGB)

The bureau, which is under the Department of Environment and Natural Resources (DENR), is the government agency responsible for implementing the Philippine Mining Act of 1995, which governs the Philippine mining industry. This law lays down the procedures and guidelines on how the mineral resources of the country can be exploited. The DENR is in charge of managing the state’s mineral resources and is the liaison between the government and mining companies. The DENR issued the Environmental Compliance Certificate to Marcopper in 1990, which allowed them to use the Tapian pit for mine waste storage (Chan Robles).

Calancan Bay Villagers Support Coalition (CBVSC)

Founded in November of 1996 by Catherine Coumans, the group works to address the concerns and problems of the Calancan Bay community. The CBVSC is engaged in a wide variety of activities to support the goals of Calancan Bay villagers and their local supporters, local government units, NGOs and the Catholic Church on the island. They have mounted letter writing campaigns and signature gathering campaigns and helped other NGOs to mount similar actions (Placer Dome in the Philippines).

Probe International

“Probe International exposes the environmental, social, and economic effects of Canada’s aid and trade abroad, revealing the devastating effects of our international projects.” They work with mining communities to make sure their interests are voiced to the governments and corporations. Started in 1980, it has become a leader among the world’s environmental groups, working closely with environmentalists from Western and Third World countries. They have done a significant amount of investigative work in the Marcopper case.

Demographics

The Philippines has a total population of 76.8 million people of which 91.5% are Christian Malay. The dominant religion is Roman Catholic (83%). Poverty is a significant problem in the Philippines, with 37% of the population living under the poverty line. Thirty percent of children under 5 years face malnutrition and the illiteracy rate for those over 15 years is 5% (The World Factbook).

Marinduque is an island province between the Bondoc Peninsula and Mindoro Island, and is classified under Region IV (Southern Tagalog Provinces) in Luzon. (Refer to Map #1). The population is 208,000. Boac is the capital and there are 5 other towns on the island- Buenavista, Gasan, Mogpog, Santa Cruz (the largest), and Torrijos. The island covers around 960 square kilometers. The language primarily spoken is Tagalog. Marinduque is agricultural, with rice and coconut as the major crops. It also has vast fishing grounds. Mining is the principal industry with the Marcopper mine in Santa Cruz being one of the largest mines in the country. Marinduque has one of the highest incidences of poverty in the country- 71.9%. Up until 1996, Marcopper produced about $1.7 billion in foreign exchange earnings for the Philippine economy

Strategies

Since the 1996 spill, Marinduque has received much support nationally and internationally. The attention given to them and the negative press Marcopper received gave the people power. Their voices were finally being heard and they had support to bring their forth their case against the government and Marcopper. On April 11, 1996, immediately following the spill, a criminal complaint was filed against five officials of the Marcopper Mining Company. The charges included damage to property, falsification of public documents, and violations of the Water Code, Pollution Law of 1976, and Philippine Mining Law of 1995 (Tauli-Corpuz). Suits were also filed against officials in the DENR. Unfortunately, these cases have been sitting in limbo and nothing has come out of them.

Marcopper Mining Corporation took no action immediately after the spill, due to lack of finances. Instead, Placer Dome accepted responsibility for the costs of clean up. A new plug was installed in the drainage tunnel, which was completed in November of 1996. To prevent the tailings in the Boac River from spreading, levees were built along the Boac riverbank. A channel was dredged at the mouth of the river to capture tailings from being released into the ocean. Placer Dome reported this trapped 80% of the tailings. Another source estimates that only a quarter of the tailings remain in this underwater catchment area. These tailings remain there and a large debate surrounds the issue of properly disposing of this waste. Placer Dome has applied to the DENR for a permit to rid of the waste through something known as Submarine Tailings Disposal (STD). This method pumps tailings into the sea through a submerged pipe. It cuts down on costs by letting the ocean take care of the problem. This procedure had been deemed unacceptable under the environmental regulations of Canada, Placer Dome’s home country. The people of Marinduque have voiced their disapproval of this means and the DENR has rejected Placer Dome’s request for a permit twice (Marinduquenos Intensify).

Placer Dome has spent an estimated $71-million on the Boac river clean up, including funds to build new homes, construct roads, and airlift food and supplies. More than $1-million has been paid in lost wages to local fisherman and washer women because of the widening of the river following the disaster. An independent Environmental Guarantee Fund (EGF) was created to compensate fishermen and villagers whose livelihood has been affected by the disaster. Although this fund exists, many villagers have received no compensation and their needs and demands have not been met. In 1998, Mogpog’s town council put forth a resolution to the provincial board demanding the complete removal of the dam, the clean up of the waste dump at the top of the river and the complete rehabilitation of the river and watershed. This resolution was never acted on.

Beside the Boac clean up, Placer says it has separated itself from many of the other environmental problems on the island including Calancan Bay. Peter Neilans, general manager of Placer Dome Asia Pacific and the man overseeing Marinduque operations has stated, “What should Placer do about it? Placer isn’t a shareholder anymore. The commitment we made was that we would mitigate the effects of the 1996 spill. Any other perceived problems on the island are Marcopper issues. And we have no interest in Marcopper anymore”.

In the spring of 2000, Marcopper, the Department of Environment and Natural Resources (DENR) and the provincial government of Marinduque, signed a memorandum of agreement (MOA) to finalize a clean-up, rehabilitation and restoration plan. The DENR and Marinduque government “agreed to seek a final independent technical review of all the options available for the clean-up, rehabilitation and restoration of directly affected areas by qualified technical experts and consultants.” It is yet to be seen if this MOA can guarantee the community action on their behalf. This is positive hope that the Boac spill can be cleaned up. The villages still wonder, though, who will help them solve the numerous other problems Marcopper has caused.

Solutions

There is no solution that can erase the damage that has occurred in Marinduque. The people simply want their environment cleaned up, compensation for their suffering, and assurance that this will not happen again. They request that Placer Dome pay for Environmental and Social Impact Assessments, dating back to 1975, and compensate villagers according to the results. They feel Placer Dome should pay money to the Calancan Bay Rehabilitation Program to assure their mess is cleaned up in the bay. They firmly believe Placer Dome should not be granted permits to start new mines in the Philippines until the environments of Boac, Mogpog and Calancan Bay have been completely rehabilitated and the residents compensated.

Specifically, the people are looking for the following:

1. Maintain the closure order against Marcopper so they cannot operate again.
2. Require Marcopper/Placer Dome to compensate them for the time since 1996.
3. For Marcopper/Placer Dome to set up a Health Trust Fund.
4. Immediately proceed with Marcopper/Placer Dome�s best option to rehabilitate Boac River.
5. Ensure the Tapian Pit will not leak again.
6. Collect unpaid taxes from Marcopper/Placer Dome.
7. Conclude the criminal cases against Marcopper/Placer Dome.
8. Investigate means of intervention for the affected community people.

There is no way the problems Marcopper has caused can be completely solved but the community is working to secure what they can to make up for the pain and suffering they have endured

Key Contacts

Catherine Coumans, Ph.D.
Calancan Bay Villagers Support Coalition
Tel.: 519 455 5569
E-mail: 103611.663@compuserve.com
Canada Asia Working Group (CAWG)
947 Queen St. East, Suite 213, Toronto, ON M4M 1J9
Tel. (416) 465-8826, Fax: (416) 463-5569
Email: cawg@web.net

A massive campaign against destructive foreign and corporate mining is underway. Hundreds of thousands of families who have suffered the deleterious effects of mining are now up in arms against these plunderous corporations.

Fr. Sean martin with the brave environmental group protecting the environment for destructice mining

Father Sean is standing with the people to oppose destructive mining and to protect the environment.Here is his personal testimony in regard to the legal action and the environment situation in parts of Northern Mindanao.

The hearing which was supposed to be on Dec 21 at the court of appeal in Cagayan de Oro it was postponed and in January it was re- set for Jan 26. It would be an extra bonus for us for the court to grant a TEPO. Temporary environmental Protection Order. This would safeguard the environment, and command the DENR to stop mining and to look after the environment.

The arrival and destruction caused by Sendong which only exposed the weak watershed areas and continued logging and mining in the hinterlands of Cagayan de Oro and Iligan, has largely been kept secret.

The awareness has been largely covered up by the gravity of the destruction and loss of life, trauma and the reluctance of political leaders to get to the root of the problem, yet the destruction to the environment continues as I witnessed last week in an Ocular inspection into the hinterland of Cagayan de Oro.

The Hearing at Court of Appeals Cagayan de Oro where the people are trying to get justice.

I was in Cagayan de Oro for an environmental seminar for 3 days. On the way to our destination many landslides could be seen. But even on the very steep slopes 70- 80 degrees where there were trees the land did not slide.

One river was very muddy early in the morning even though there was no rain the night before. My companion Rock told us that there was mining going on in the area. He even pointed out 2 garages where mining equipment was kept and repaired along the main road.

When we got to the area the leader(Dato) of the Heliginon indigenous group there who had agreed to meet with our group of 11 told us in 2 word about the changes he saw, “Opaw Na.” The hills are bare of trees. We saw Banana and Rubber plantations, There were no birds or butterflies to be seen or heard. The environment is only one step away from being a desert.

At the end of November and again in December, Atty Ben has continued to outline how he sees our case having a strong environmental stand and has clarified which type of evidence he would like to dwell on.

On Jan 25 Atty Ben Cabrido and Atty Joan met the group in Catadman Ozamiz to finalize the evidence for the court. Our evidence is very extensive from many maps & docuentation & showing how productive the Zamboanga Peninsula. Billions of pesos worth of Food produced every year.

Dr Jong Cuaresma who specializes in Bio Diversity and went with the Indigenous people of Midsalip to the forest to survey how vibrant the old growth forest still is in areas that has not been logged in the eighties. This is the watershed area for thousands of hectares of riceland, & fishponds.

Clive Wicks & Robert Goodland who are in the country in Davao for a International Mining conference pointed out the the Zamboanga Peninsula and Mindanao in General is a no 1 food produce . Farmers excel at this. It is folly to allow mining to destroy watersheds and have to use scarce foreign exchange to buy rice on the international market when Philippine farmers are the best at producing food if the environment is not destroyed by mining or logging. Both Clive and Robert prepared Judicial affidavits Question and answer style so that their research Philippine Food or Mining could be included as evidence. (see report www.preda.org)

After lunch about 15 went to Cagayan de Oro and were welcomed by Fr Jude and the staff at Patag. Accommodation was well prepared. It was a huge bonus to be in one place to finish the affidavits and evidence. After Supper Atty. Ben spoke with us about how historic it was to have a writ of Kalikasan from the supreme court. He outlined how he was going to present evidence to the court which is in fact gathering evidence for the supreme court. The case has Dual Jurisdiction.

He also answered questions.

Fr Archie (who is included in the civil Case in Aurora) was thee after supper with 15 supporters from Pagadan. It was inspiring listening to Atty. Ben.

Atty. Joan continued to meet with and gather evidence. Dr Jong arrived from Ozamiz at about midnight and worked on his affidavit till 2 am. He told me in the morning that Atty. Joan spent the whole night preparing the evidence.

On Jan 26 th at the court only those with ID could get a pass. Entrance was limited to about 30 people and some of our supporters were not able to get in to the hearing.

After dropping a group at the court I went back to our house in Patag with Nitz to get some evidence which was being put on disk.

When we arrived the debate from the side of the MGB and DENR was that the mining companies should be represented individually at the hearing.

Atty. Ben pointed out that the Case was to clarify where are the areas that are excluded from mining Law RA 7942. ( New Mining Law)

These areas are Old growth forests, Watershed areas, Bio Diverse areas, Nipas protected areas, Ancestral Domain of indigenous people. (which can allow projects only after proper consultation according to their culture through a process known as Free Prior Informed Concent)

The justices did not seem to be able to pick up the distinction that the Mining Law does not allow mining applications in the above mention areas.

The MGB has in fact allowed mining applications in all areas of the Zamboanga Peninsula.

Both councils were given the task of writing a memorandum stating whether the mining companies should or should not be at the hearing.

After that Atty. Ben asked Permission to approach the bench, ³ Off the record your Honor Please². MGB and DENR attys. approached reluctantly. They spoke quietly for 5 minutes. Atty Ben signaled for a map. I knew he needed the Forest reserve map and the mining application map. I brought one and atty. Joan the other. He was trying to show that there were huge areas of Mining applications which were in watershed areas. MGB objected to showing the maps.

Finally the court gave an order that both have 20 days to present a memorandum.clarifying if the mining companies should be included in or why not!.

The justices informed us that they will be having a 3 day seminar on Environmental law in mid February. Next hearing is set for March 15.

After Fr Archie from Pagadian Diocese, suggested that we meet at the Cathedral. There were about 30 in the group who met upstairs. Atty Ben summarized the proceedings and clarified that the writ of Kalikasan is not just an ordinary environmental case. The laws are completely different and in harmony with nature. Even the court laws follow a different process. The environment for the future will be saved by a massive campaign of the relatedness of the trees nature and sustainability.  Afterwards while the group were eating lunch brought from Patag atty. Ben came onto the Veranda of the Convento looking towards the mountains and explained that the church and the legal System had a huge task to bring awareness to all.

I reflected that it was 37 years since I was last upstairs in the bishops residence when I stayed with Bishop Crownin in 1975. At the back of the Cathedral many small houses were destroyed by the terrible floods just before Christmas.

On the way home at Iligan Dr Jong said he wanted a picture of a Balyan tree that saved the lives of 7 people. Its roots are 3 times as deep as it is high.

We found the tree just on the Cagayan side of the huge bridge in Iligan where so many people lost their lives. Our Subaanen companions Welma, Richardo, and Mario appreciated the tree. 3 people living in a house near the tree were happy to describe how deep the water was and what happened to them during the flood.

Thanks to all who have helped by making the trip to Cagayan so fruitful and all who have supported financially and by their prayres.

Sean Martin

Valentines Day ought to celebrate more than romantic nonsense but genuine friendship and commitment to a just cause.

It is Valentine’s day yet again and it is time to think about the meaning of life and love. The media and most of society will be absorbed with the romantic emotions of human attraction and their connotations and sexual innuendoes. They are not in themselves the essence of a loving relationship. They are the chemistry of human encounter, while they are important and to be properly valued, disciplined and hopefully guided by respect.

Mostly, they can spin out of control and dominate one’s life and lead to unhappy consequences. Teenage pregnancies frequently end in neglected, battered and abandoned children. So much for red hearts, roses, and brief and frequently meaningless sexual encounters. Human fulfillment and purpose of life is not found in the mere physical exertions of procreation.

We need to examine deeper, more enduring relationships that will give us more full human experiences like married love, love of family and children, friendship and above all, the commitment to serve others for no reward.

An examination of conscience and a review of our behavior towards others and ourselves is healthy and rewarding. We should ask if we are really caring for others or mostly satisfying ourselves. Too much unhappiness comes from broken homes, abandoned friendships, betrayal, selfishness and an egotistical life.

The greatest challenge is to strive towards the greatest love of all, the unselfish life of service that puts the care and needs of others before ourselves. It’s not easy but worth trying. Jesus of Nazareth showed us the way towards the highest form of love by his own life and example.

Of all great personalities in history, he stands out above all because of his ideal of love and because he offered it to human kind as a way to save themselves from evil, misery and unhappiness. He showed and taught it by example by loving his friends, the poor, the wretched of the earth, the sick and the hungry and above all, the oppressed that hungered for justice and truth. His love was so genuine and pure that he took his unswerving and uncompromising stand for justice and right and he died for them.

He showed us the great love of friendship and that there is no greater love than to lay down one’s life for one’s friend. That’s what he did in the end. He called his disciples and helpers “friends”, not servants. In fact, that love of unselfish service extended not only to his friends and family but to the nation and the world. He showed us that leadership is based on humility and self-sacrifice. He got down on his knees and washed the feet of his band of brothers. Had there been a band of sisters there, he would have done it too.

A truly caring leader is a servant, not a dominating tyrant ruling by force, threats or anger. His personality radiated compassion, concern, care and cure. His friendship was open to all who came calling, who trusted him and had faith in his integrity and honesty. The love he taught was one of self-sacrifice and not self- satisfaction. In his life and friendship, there was no place for superiority or punishment, just giving respect and being open and available to all irrespective of race, color, age, gender, belief or religion, rich or poor. He was there for all who wanted to know him and be his friend and join his mission to change the world.

Genuine love of the poor, integrity and honesty, and doing what is just and true is what’s lacking in our political, economic, moral and religious leaders. That is why there is so much corruption and evil, poverty and injustice.

Many may present themselves as being religious, but in fact they don’t follow Christ. They may perform rituals and rites but do not have the commitment to bring about community transformation and make this a happier and more just world. It’s a difficult challenge but one worth striving for.

His ideal of love is not impossible for ordinary people to imitate. Hundreds of thousands of good people do live similar heroic lives and many have died for just causes serving the people as he did. Valentines Day ought to celebrate more than romantic nonsense but genuine friendship and commitment to a just cause.