Mining Code

Up to 15 per cent of the Philippine population - about ten million people - belong to distinct indigenous communities and retain a close link with their traditions. They avoided Hispanisation during Spain's 350-year colonisation of the Philippines. In 1987, after the fall of the Marcos regime, a revised Philippine Constitution recognised the ancestral land rights of indigenous people, and ten years later, in 1997, those rights finally became law in the Indigenous Peoples Rights Act.

The Indigenous Peoples' Rights Act (IPRA) is modelled on the provisions of the UN Draft Declaration on Indigenous Peoples' Rights. In theory IPRA is one of the most enlightened laws dealing with Indigenous Peoples, recognising the free prior and informed consent (FPIC) of Indigenous Peoples, and asserting that in the absence of such a clear level of consent, a project cannot proceed. In practice however, this is regularly undermined, not least by legislation such as the 1995 Mining Code, which in many cases gives mining claims to the same Indigenous land supposedly covered by IPRA. Indigenous Peoples communities and organisations, and their supporters, have been vocal in fighting for their legal rights for many years, and the struggle continues.

Stop open-pit mining; it does not solve poverty, it perpetuates it -- Pimentel

Source: 
Senate Press Release http://www.senate.gov.ph/press_release/2014/0403_pimentel1.asp
Date of publication: 
3 April, 2014

Senator Aquilino “Koko” Pimentel III today urged local government units to disallow “open-pit mining” that have turned precious farmlands into a moonscape.

“We cannot allow the unabated destruction of our land and water resources due to open-pit mining.

‘Green Flag’ national day of action marks anniversary of the Mining Act of 1995

Source: 
Kalikasan PNE Press Release
Date of publication: 
3 March, 2014

Protests across PH call for revocation of Aquino’s mining liberalization policies, cancellation of destructive mining projects

On the 19th anniversary of the passage of RA 7942 or the Mining Act of 1995, nationally-coordinated actions across the Philippines were launched today to call for the revocation of Pres.

People’s forum warns of greater mining-driven destruction, pollution as climate change worsens

Source: 
Kalikasan PNE Press Release
Date of publication: 
27 February, 2014

The role of irresponsible large-scale mining in the heightening risks of disaster was highlighted during a People’s Forum on the Philippine Mining Situation held today at the Balay Internasyunal in the University of the Philippines – Diliman.

C.A. stops impounding of Oceanagold cargo in N. Vizcaya

Source: 
Written by Joel R. San Juan - http://www.businessmirror.com.ph/index.php/en/news/top-news/23663-c-a-stops-impounding-of-oceanagold-cargo-in-n-vizcaya
Date of publication: 
1 December, 2013

THE Court of Appeals (CA) has issued a temporary restraining order (TRO) stopping the provincial government of Nueva Vizcaya from seizing and impounding freight containers containing mining products of OceanaGold Philippines Inc.

In a six-page resolution penned by Associate Justice Victoria Isabel Paredes, the CA’s Fourteenth Division held that OceanaGold’s operations may be paralyzed if the provincial government is not prevented from confiscating its products.

The appellate court also directed the provincial government, specifically its Environment and Natural Resources Office (En

The Real Cost of Gold in the Philippines

Source: 
by John Cavanagh, Robin Broad - http://www.yesmagazine.org/blogs/john-cavanagh-and-robin-broad/the-real-cost-of-gold-in-the-philippines
Date of publication: 
13 September, 2013

We think of gold as a sign of prosperity, but the farmers and communities most affected by mining just want their rivers and land back.

“An engine of growth and prosperity,” announces the deep blue OceanaGold sign that greets us as we enter a small town in the northern Philippines. We’ve come a long and windy 12-hour drive through seven provinces from the Philippines’ capital city into the clouds of the majestic Sierra Madre Mountains.

Picket protest at miners’ conference call for justice and accountability in mining industry

Source: 
Kalikasan PNE press release
Date of publication: 
10 September, 2013

Kalikasan fears more land grabs, disasters from big mines

A picket protest led by the Defend Patrimony!

Philex still needs to clean up, pay compensation – indigenous peoples

Source: 
By MARYA SALAMAT, Bulatlat.com, http://bulatlat.com/main/2013/08/02/philex-still-needs-to-clean-up-pay-compensation-indigenous-peoples/
Date of publication: 
2 August, 2013

Philex “must understand that it is being punished for its unsafe and irresponsible mining practices, which is the basis for the fine.” It is the company’s responsibility to cleanup and rehabilitate the waters it damaged, and to compensate the adversely affected residents. – KAMP

MANILA – Bearing mugshots of DENR Secretary Ramon Paje, Philex Mining Corp. chairman Manuel V.

Black-ore gold rush scars Philippine coasts

Source: 
by Cecil Morella, Agence France-Presse - http://www.abs-cbnnews.com/nation/07/24/13/black-ore-gold-rush-scars-philippine-coasts
Date of publication: 
24 July, 2013

CAOAYAN – Catholic priest Sammy Rosimo followed truck tread marks to a coastal mine in the northern Philippines, where a stockpile of fine black sand presided over scenes of a desert apocalypse.

Instead of tall, brush-covered sand dunes that have for centuries protected the small farming town of Caoayan from the powerful waters of the South China Sea, trenches cut through barren beaches.

“This is the death sentence of the people of Caoayan,” said Rosimo, a local priest, as he accompanied AFP to the recently abandoned mine.

“The dunes are the natural barrier to the salt water, like a s

Oceana Gold Mining Served Closure, More of People's Barricades Call for Finality

Source: 
ALMUSEGAM press release
Date of publication: 
16 July, 2013

A week after Mayor Chito Bumolo of Kasibu, Nueva Vizcaya held a press conference regarding Oceana Gold Mining Company’s failures to comply with the local government’s requirements and forged agreements, a closure order was served. In the press conference held last July 5, 2013 the mayor said that Oceana Gold Mining failed the Local Government in three instances namely: 1.Failure to seek and renew its business permit, and baranggay clearance including the failure to pay local taxes 2.

Philex mine resumption a precedent for more environmental crimes

Source: 
Letter to the Editor
Date of publication: 
12 July, 2013

The lifting of the cease-and-desist order on the operations of Philex Mining Corporation’s Padcal mine in Itogon, Benguet, first issued by the Department of Environment and Natural Resources (DENR) through its Mines and Geosciences Bureau on July 1 and reiterated through its Pollution Adjudication Board on July 5, would set a precedent for more mining disasters with greater impunity.

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