March 7, 2005
Dipolog City, Philippines – Zamboangan residents remain strongly
opposed to foreign miners despite Government claims that the
Philippine Mining Sector is now "Open for Business". From
February 20 to 21, 2005, the Rural Missionaries of the Philippines-Western
Mindanao sponsored a "Zamboangan Peninsula Wide Discussion Against
Mining" in Dipolog City. During the forum, delegates from mining-affected
communities clearly voiced their opposition to RA 7942 (commonly known
as the Mining Act) and strategized ways to protect their communities
from its harmful ramifications.
Bishop Jose Manguiran of the Diocese of Dipolog gave the keynote
address. In his speech he called on the delegates to forge a wider
and stronger unity in order to protect their rights from being
trampled by foreign mining companies. He urged his audience to be vigilant
since the Government has shown that it will take no action to protect
the people from the 'mineral plunderer'.
The Bishop has consistently stated his opposition to the Mining Act
since it was passed in 1997. He believes that the law will simply aggravate
poverty in the Philippines while providing large profits to foreign
investors. He explained that the Mining Act cannot be an effective catalyst
of development since it assures foreign mining companies of tax holidays
and other investment incentives. These companies will not be interested
in the good of the Philippine people, but only in their own profit.
Tito Natividad Fiel of the DIOPIM Committee on Mining Issues (DCMI)
also spoke at the gathering. DCMI - a NGO organized by the Bishops of
Dipolog, Ipil, Ozamiz, Pagadian, Iligan, and Marawi - has been working
since 1997 to convince the Government to 'Scrap the Mining Act'.
During his speech Tito explained the harmful ramifications of the
Mining Act. He told participants that the Mining Act placed the
interests of foreign investors before the interests of Filipinos. He
made reference to the case of TVI Pacific Inc. - a Canadian mining
company who is currently operating in Sitio Canatuan, Zamboanga del
Norte – as a case where mining company was given full authority
to enter already titled land. "The Subanon People", he explained,
"have lived and occupied their land since time immemorial. This
was recognized by the Government in 1997 with the issue of a Certificate
of Ancestral Domain Claim (CADC) and the issue of a Certificate of Ancestral
Domain Title (CADT) in 2003. But TVI has been allowed by the Government
to enter without consent from the legal and legitimate holders of the
CADT claim."
Tito also pointed out that the law also does not establish adequate
environmental safeguards. He cited the case Philex Mining in Sibutad,
Zamboanga del Norte. This company was responsible for widespread environmental
damage when their tailings dam collapsed in 1997. The toxic wastes spilled
into the water ways killing fish and other marine life up to 300 meters
from the site.
The participants were also informed that the Mining Act is
unconstitutional. Tito noted that the Act allows for full repatriation
of profits and 100% foreign investment, ownership and management. This
however, is contrary to the 1987 constitution.
In 1997 the Mining Act was challenged by a class suit from communities
affected by the operations of Western Mining Corporation. Constitutionalists
Wigberto Tañada, Jaime Tadeo and Ponciano Bennagen and various
NGO's also joined the case. After seven long years, the Supreme Court
agreed with the claimants and found the conditions of the Mining Act
to be unconstitutional in the case of the Western Mining Corporation.
However, only eleven months later the Supreme Court shocked the country
by reversing its decision and declaring the Mining Act constitutional.
In response, dismayed communities and advocates against the Mining Act
have escalated protest.
Participants of the "Zamboangan Peninsula Wide Discussion Against
Mining" jointly decided that it was important to take a united
stand against the Mining Act. Thus, it was decided that they would create
an organization called the Zamboangan Peninsula People's Alliance Against
Mining (ZPPAAM) and it would be chaired by Bishop Manguiran. The ZPPAAM
have committed themselves to the tasks of recruiting a wider membership
and organizing mass protests against RA 7942.
- Written by Maryanne Mutch of DCMI
