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.

Philippines: South Cotabato maintains ban on open pit mining

Source: 
By Edwin Espejo - http://asiancorrespondent.com/134358/philippines-south-cotabato-maintains-ban-on-open-pit-mining/
Date of publication: 
27 July, 2015

The provincial government of South Cotabato is holding its ground on its decision not to allow open pit mining in any part in the province, putting again on hold the future of Sagittarius Mines Inc (SMI).

SMI owns the Tampakan Copper and Gold Project located in the mountainous area of Tampakan in South Cotabato.

In a resolution passed on July 21, the provincial board “reaffirmed the validity of Section 22 (B) of the Environment Code that prohibited the use of the open-pit mining method in mining activities” anywhere in South Cotabato.

The Provincial Environment Code was passed i

Philippines: Sustainable development through community engagement

Source: 
By Cielo Magno - http://www.publishwhatyoupay.org/sustainable-development-through-community-engagement-the-case-for-the-sdgs/
Date of publication: 
9 July, 2015

Sustainable development through community engagement: the case for the SDGs

The mineral resources of many developing countries have been viewed as a potential capital that can finance initiatives for sustainable development. However, in the Philippines, mining has never been an agent of development. Instead the decades-long operations of large-scale mining companies in the country have not made any noticeable dent on the fiscal health of the country.

In fact, the overall contribution of mining to the economy is less than one percent of the Philippines’ GDP.

Mindoro governor leads rally vs mining company

Source: 
http://newsinfo.inquirer.net/697855/mindoro-governor-leads-rally-vs-mining-company
Date of publication: 
12 June, 2015

CITY OF CALAPAN—The provincial government is taking the lead in a rally against a mining firm here today, issuing a memorandum on June 9 requiring all officials and employees of capitol to take part in the protest action.

The memo was issued by Gov. Alfonso Umali Jr.

“To demonstrate our constant opposition and strong objection to the operation of Intex in the province…all will gather at the provincial government grounds at 2 p.m.

Lepanto needs community's consent - mayor

Source: 
By Maria Elena Catajan - http://www.sunstar.com.ph/baguio/local-news/2015/05/28/lepanto-needs-communitys-consent-mayor-410083
Date of publication: 
28 May, 2015

THE mayor of Mankayan town is convinced Lepanto Consolidated Mining Corporation (LCMC) still needs the consent of the community to keep its gold mines in the area open.

Lepanto needs a Free Prior Informed Consent because “that is the law,” Mayor Materno Luspian said.

Lepanto is seeking renewal of its Mineral Production Sharing Agreement (MPSA) for its Victoria mine in Benguet after it expired last March.

Local officials insist the company cannot apply for a renewal without an FPIC, which is required by the Indigenous Peoples’ Rights Act (IPRA).

But Lepanto said it is not covere

B’laan leaders submit petition to NCIP en banc, claim illegal activities of regional offices

Source: 
Tampakan Forum Press Release
Date of publication: 
27 May, 2015

Cagayan de Oro – Leaders of B’laan from Bong Mal in Tampakan, South Cotabato submitted today a position paper to the National Commission on Indigenous Peoples (NCIP) en banc against their regional counterparts’ activities to facilitate the free prior and informed consent (FPIC) required for the Tampakan Copper and Gold Project.

Five leaders went to CDO to request the en banc to immediately order the postponement of any FPIC-related activities in their area.

Mining Companies in Philippines Face Many Travails

Source: 
By Trefor Moss, Wall Street Journal - http://www.wsj.com/articles/mining-companies-in-philippines-face-many-travails-1431467078
Date of publication: 
12 May, 2015

Red tape, opposition from indigenous people mar efforts to fulfill country’s mining potential

On the island of Mindoro in the Philippines, a tribe contemplates the impact a proposed nickel mine will have on its way of life.

MINDORO, The Philippines—The island’s name means “gold mine” in Spanish, but it was nickel that was ultimately found in the mountains of Mindoro two decades ago.

Since then, like so many Philippine mining ventures, the proposed Mindoro Nickel project roughly 100 miles south of Manila has struggled to break ground because of onerous red tape and opposi

Davao City large-scale mining ban, hailed as 'people's victory'

Source: 
Kalikasan PNE Press Release
Date of publication: 
8 May, 2015

Environmental groups hailed as a ‘people’s victory’ the Davao City Council’s recently passed resolution prohibiting large-scale mining operations in its areas, but said there are still vulnerabilities in the policy that communities must vigilantly keep in check.

“The Davao City mining ban is a fruit of the people’s tireless struggles to oppose destructive large-scale mining projects, but its punitive fines are too miniscule to effectively discourage violators.

Court of Appeals upholds NCIP, thumbs down MacroAsia’s Palawan mining bid

Source: 
by Leonard Postrado - http://www.mb.com.ph/court-of-appeals-upholds-ncip-thumbs-down-microasias-palawan-mining-bid/#GEXQZrm2kVUgpMvo.99
Date of publication: 
4 May, 2015

The Court of Appeals (CA) has thumbed down the bid of Lucio Tan-owned MacroAsia Corporation to conduct mining operation covering 1,113.98 hectares located at Sitio Linao, Brooke’s Point, Palawan.

In an 18-page decision penned by Associate Justice Danton Bueser, the CA’s Special Sixteenth Division upheld the validity of the resolution issued by the National Commission on Indigenous Peoples (NCIP) denying MacroAsia’s application for issuance of a certification precondition necessary for the latter to proceed with the extraction activities at Brooke’s Point.

The appellate court agr

Mindoro Nickel ECC Reinstated: A Betrayal to Mindoro

Source: 
ATM/ALAMIN/NASSA Statement on Reinstatement of Intex ECC
Date of publication: 
14 April, 2015

Alyansa Tigil Mina (ATM), a coalition of more than a hundred environmental advocates and organizations along with the Catholic Bishops Conference of the Philippines-National Secretariat for Social Action (CBCP-NASSA) and Alyansa Laban sa Mina (ALAMIN), a Mindoro-based people’s organization against mining, express their frustration and utmost disappointment with the reinstatement of the Environmental Compliance Certificate (ECC) of Intex Resources’ Mindoro Nickel Project.

In November 2009, hopes rose for the people of Mindoro when the DENR temporarily revoked Intex’s ECC due to anomalies

Temporary halt to Benguet Corp. operations urged

Source: 
Giovani Joy Fontanilla - http://www.sunstar.com.ph/baguio/local-news/2015/04/01/temporary-halt-benguet-corp-operations-urged-400753
Date of publication: 
1 April, 2015

ITOGON Mayor Victorio Palangdan wants Benguet Corporation’s operations temporarily suspended.

Palangdan is seeking for the issuance of an order for temporary suspension of the operation of the Benguet Corporation and its contractor ACMP Contractors in Itogon, Benguet from the Mines and Geosciences Bureau-CAR.

In a letter dated March 5, 2015, the mayor raised the threats of danger brought about by Benguet Corp.‘s Tailings Storage Facility No.

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