Lopez: Law is flawed, skewed towards mining not on people

DEPARTMENT of Environment and Natural Resources (DENR)Secretary Regina “Gina” Lopez on Thursday, sought for a review of the Philippine Mining Act of 1995, which she described as “flawed” as it is skewed towards the mining sector, and not towards the people.

“Yes it (mining) is indeed one of the biggest foreign investments, but where do the money go with our present mining act?” she said in press conference on Thursday during the Oya Mindanaw: The Mindanao Environment Summit 2016 at the Ateneo de Davao University (ADDU) attended by more than 4,000 participants mostly environmentalists and students.

Lopez said the mining industry has net revenue of P35 billion, 82 percent or P29 billion of which goes to the mining company, leaving only 18 percent or P6 billion to the government.

“And out of that how much goes to the community? Ay naku! Kaunting kaunti (very minimal),” she said.

Lopez pointed out that if they will sum up all the benefits the mining industry contributed as against the value on the destruction caused to farmlands, fishery resource and health, among others, the latter will weigh more than the former.

Father Joel Tabora, ADDU president, for his part said, the Mining Act of 1995 is a “treason.”

“In my view, treason, because the minerals belong to state, people (of the Philippines) but what the act (mining) does is that it allows more foreign mining firms benefit largely on our resources, instead of the people,” he said.

“All of us, must join in demanding that this act be repealed, replaced (with a better version),” Tabora added.

Lopez was asked on her plans on filling in the revenues that might be lost with the banning of some mining operations, she was quick to add that “a country cannot build an economy based on suffering.”

She said an intensified and strengthened National Greening Program will be implemented by the DENR.

“I will make the National Greening Program to upgrade the economy, it should be implemented in the Philippines especially in Mindanao,” she said adding programs for agro forestry, reforestation, among others will be a major push for the country’s economic status in the island.

She cited the La Mesa Eco park developed by the ABS-CBN Foundation will be a good example of an economic-driving ecotourism site.

“The ecopark is now earning P40 million annually,” she said.

She also mentioned about the Ugong Rock Adventure in Puerto Princesa where they invested only P260,000 for ecotourism and it is now earning some P30 million annually giving residents enough income for a living.

“This is what I want to do, you can sell beauty, and Mindanao has so much for that,” Lopez said.

Audit mining permits

Leo Jasareno, head of the mining audit team of DENR and the former Mines and Geosciences Bureau head, in a separate interview at the sidelines of the presscon said auditing of all the 40 metallic mining companies will be completed within this month.

Of the 40 firms, 23 of which are operating in Mindanao. In September, 65 non-metallic firms are up for auditing.

“Well, depending on the violations, the DENR may suspend until violations are rectified, worst, after the due process DENR may cancel their mining contracts” he added.

Since Lopez assumed office on July 1, a total of seven mining firms have been suspended for not complying with environmental safety standards.

These were Benguet Corp., Nickel Mines Inc., Eramen Minerals Inc., LNL Archipelago Minerals Inc., Zambales Diversified Metals Corp., Hinatuan Mining Corp., Berong Nickel Corp., and Citinickel Mines and Development Corp.

Lopez said the ongoing audit will not only based on technical but also social and environmental while those companies’ holding environmental certificate of compliance (ECC) will still be evaluated.

“Those who will not pass the audit will be automatically stopped,” she said.

On local mining bans

When asked if she will replicate nationwide the existing ordinance in Davao City disallowing any entity to engage in any business involving mining operations within the city, Lopez said, what they can do in the present is to honor and uphold the local bans.

“There will always be rule of law and the common good, I will not allow anything for suffering,” Lopez said.

“My nonnegotiable stand is anything that is not for the common good must stop,” she added.

Lopez defined social justice in the context of environment is the resources of Mindanao must be enjoyed by the Mindanaoan.

She reiterated that she is not anti-mining industry but is for responsible mining saying, it does not impede on the well-being of present and future generations.

Miners response

President Rodrigo Duterte, who attended the summit on Thursday announced a new mining companies must shape up and aligned its standards to the Canadian and Australian mining.

The mining industry, Chamber of Mines of the Philippines (COMP) has taken Duterte’s warning as a challenge in keeping up with the standards of responsible mining in the country. ASP

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