dangerous times in philippines

dangerous times for mining activists in the philippines

financiers asian development bank | japanese bank for international cooperation

© rod harbinson Toxic water flows down the siltation dam overflow which was created to prevent the dam bursting again after the 1993 disaster. Independent inspections indicate that the new dam is again in danger of collapse.

International Financial Institutions have been instrumental in establishing ‘a favorable investment regime' in the Philippines. The Philippine Mining Act of 1995, adopted under pressure from the Asian Development Bank, allows big corporations to exploit up to 81,000 hectares per application and to file multiple applications. They can operate for up to 25 years, with the possibility of renewal for another 25 years. The agreement gives corporations the full rights to the use of timber and water resources within the mine site, depriving local communities of access to basic resources. Other incentives include tax holidays for up to six years, duty-free importation of capital equipment, repatriation of capital and profits, remittance of loans and contract obligations, guarantees against expropriation, requisition of investment and full confidentiality.

The Mining Act has led to a massive influx of mining corporations. Mining operations in the Philippines take place in a context of militarization and human rights violations. Since April 2001, at least 30 unarmed civilians have been killed, reportedly by members of Citizens Armed Forces Geographical Unit (CAFGU) or the Armed Forces of the Philippines (AFP). They include at least three people who were members of the prominent human rights organization Karapatan. At least 27 other activists, most of whom were members of the opposition party Bayan Muna, have also been killed according to the Special Rapporteur of the United Nations Commission on Human Rights.

The government of the Philippines formulated its national mineral policy in December of 2002 under its international commitment for sustainable development. However, the policy simply promotes “self-regulation and non-regulatory approaches to environment protection." While it mentions the 'polluter pays principle', it merely requires a payment of fifty pesos (US$1) per ton of unauthorized release of tailings into the environment. The policy does not uphold the rights of communities to reject mining operations in order to maintain community peace and harmony

new 27-02-05: not open for business!
In January, FoE Philippines, representing indigenous cultural communities, filed a motion for reconsideration of the controversial decision of the Supreme Court allowing large foreign-owned companies to engage in large-scale mining. The decision was made in December 2004, as the country reeled from landslides caused by two super typhoons, and was a reversal of the Supreme Court's earlier ruling that nullified the Financial and Technical Assistance Agreement for Western Mining Corporation Philippines and provisions pertaining to financial and technical assistance agreements in the Philippine Mining Act.

Communities fear that the decision will result in a deluge of mining activities all over the country. On January 28th, FoE Philippines did a "run for the environment", calling for the crapping of the Mining Act of 1995. The runners also called for action during the upcoming international mining conference held in Manila on February 2nd and 3rd. The theme is "Open for Business!"
Contact: JP Alipio, FoE Philippines,