Arroyo bows to pressure, orders review of Mining Act

President Gloria Macapagal-Arroyo on Friday seemed to have bowed to pressure from the Catholic Church when she agreed to review the 1995 Philippine Mining Act after meeting with five influential bishops. “We're okay with the review, but of course Congress would be the one to study the amendments to strengthen responsible mining," Mrs. Arroyo’s Chief of Staff, Michael Defensor, said. Defensor said the amendments of the Mining Act would only focus on improving safety in mining sites and on the environmental concerns of affected communities. "We were able to achieve middle ground to reconcile some (of the bishops') proposals and the government's thrust to attract investments," Speaker Jose De Venecia said. De Venecia and Defensor were with Mrs. Arroyo when she met Bontoc-Lagawe Bishop emeritus Francisco Claver, Sorsogon Bishop Arturo Bastes, Palawan Bishop Pedro Arigo, Boac Bishop Reynaldo Evangelista, and Surigao Bishop Antonieto Cabajug. The President’s meeting with the bishops who represent the Permanent Council of the Catholic Bishop's Conference of the Philippines lasted two hours. With Mrs. Arroyo during the meeting were Environment Secretary Angelo Reyes and Socio-economic Planning Secretary Romulo Neri. CONTROVERSIAL ISSUES Upon learning of the news, environmental groups immediately called on Congress to tackle controversial provisions of the Act, such as foreign ownership of mining projects and issues surrounding communities affected by mining operations. Lawyer Ingrid Gorre of the nongovernment Legal Rights Center said her group would monitor the review of the law. “If the review committee would serve as a rubber stamp for the administration to push for mining, we would not support it," Gorre said. De Venecia said he would order the House Committee on Natural Resources to immediately conduct a public hearing to study the provisions of the Act. “The Mining Act is a very flawed law. Subjecting it to mere facelift by adding provisions would not be unacceptable," Gorre said. Jaybee Garganera, spokesman of the Alyansa Tigil Mina, a coalition of 35 anti-mining groups, said the House committee should consult local communities affected by mining operations. “This should not be a [Charter change]-type hearing where only lawmakers talk," Garganera said. He said his group would continue its protest actions against mining in Nueva Vizcaya, Albay, Marinduque and other provinces where big mining companies operate. The Mining Act opened full ownership of mining projects to foreign investors. Anti-mining groups said the provision violates the “Filipino first policy" of the 1987 Constitution. Anti-mining groups received a big blow in December 2004 when the Supreme Court declared that foreigners can operate mining projects in the country. MORE INCENTIVES De Venecia said the proposed amendments of the Mining Act would give more incentives to foreign investors who have the most pro-environment measures in their business development plans. He said the House of Representatives would integrate recommendations from the fact-find commission that looked into the effects of mining operations of Lafayette Philippines, Inc. on people's health and safety in Rapu-Rapu, Albay. "We will integrate the Commission's recommendations as part of our agreement to undertake an immediate review of the Mining Act," de Venecia said. The commission, headed by Bishop Bastes, was tasked to investigate the reported fish kill and hazards to people’s health in Rapu-Rapu Island and in the towns of Prieto Diaz, Gubat, Barcelona, Bulusan and Bacon in Sorsogon. LAFAYETTE’S PERMIT A party-list lawmaker earlier called for the immediate cancellation of the mining permit of Lafayette Philippines, Inc. (LPI) after one of its executives admitted during an inquiry at the House that the company is 100 percent owned by foreigners. Anakpawis Rep. Rafael Mariano issued the call after Carlos Dominguez, Lafayette’s chairman, president and chief executive officer, admitted in the hearing that foreigners owned the mining firm. Lafayette is operating the P1.4 billion Rapu-Rapu Polymethallic project on Rapu-Rapu Island in Albay, although it is physically near the Bacon District covering the towns of Diaz, Gubat and Barcelona in Sorsogon. Mariano said Lafayette could have been liable for violating a constitutional provision on foreign ownership limiting foreigners to own only 40 percent of any corporation in the country. "This is a direct violation of the 1987 Constitution and the country's patrimony. Dominguez's revelation is a strong basis for the immediate cancellation of Lafayette's mining permit and total closure," Mariano said. Lafayette has been held responsible for mercury and other toxic metals contamination in the twin mine spills in October 2005. The Bureau of Fisheries and Aquatic Resources in Sorsogon reported that the quality of marine products coming from the affected areas in Sorsogon is at its lowest level. The level has severely affected the livelihood of an estimated 4,400 fishermen. The environmental disaster prompted the Department of Environment and Natural Resources to suspend Lafayette's operations for the two mine spills. Lafayette was also ordered to pay P10.7 million in fine for alleged violation of environmental laws. ALTAR OF FOREIGN INVESTMENTS A day before President Arroyo met with the bishops Friday, Negros prelates challenged the President to show evidence that large-scale mining activities are really helping improve the economy. “We believe that the place of government is in upholding and enforcing key provisions of the law that protect the rights of communities and indigenous Peoples, and not in watering them down for sacrifice at the altar of foreign investments," Negros bishops composed of Vicente Navarra of Bacolod, Jose Advincula of San Carlos, John Du of Dumaguete, and Patricio Buzon of Kabankalan said in a joint statement. The clergy urged the government to practice transparency with regards to mining operations in the country by naming all companies with approved and pending application for permits including exact location and total size of areas covered by their activities. They also urged the Arroyo administration to show how much earnings the government expects from each mining activity, amounts that will be brought back by foreign operators to their home country, and projected job generation including remuneration and terms of employment. In placing these demands, the bishops said they want to know how the government has operationalized its policy on “responsible mining." The Negros bishops also reiterated the call of their pastoral letter in January for a moratorium on all mining activities and the repeal of the 1995 Mining Act. They said mining can only bring the country “incalculable and irreversible" damage to the environment from where “we draw life and sustenance as well as subjecting to even greater threat the already precarious state of human security amongst our communities." The Negros bishops also called on the government to hold big mining operators accountable for the damage their operations caused the environment and also require them to rehabilitate areas where they had operations. -GMANews.TV