Proposed mining bill to regulate mining activities in RP, if passed

A PROPOSED mining bill currently pending in Congress, if passed, will write off the controversial Mining Act of 1995 and introduce a new policy that will regulate the mining activities in the country.

The proposed bill seeks “to regulate the rational exploration, development and utilization of mineral resources onshore (as well as quarry resources, sand and gravel, guano, and gemstones) and ensure the equitable sharing of benefits for the State, indigenous peoples and local communities and for other purposes.”

At least more than 80 anti-mining and civil society organizations, have together expressed support on the proposed mining policy, also known as House Bill 6342 (Philippines Mineral Resources Act of 2009) or Alternative Mining Bill (AMB).

The bill was filed in Congress on May 13, 2009 by Representatives Risa Hontiveros-Baraquel, Erin Tañada, Walden Bello, Rufus Rodriguez, and Carlos Padilla.

An anti-mining advocacy group, Alyansa Tigil Mina (ATM), in a press release said the alternative mining bill puts forward the needs of the mining-affected communities as opposed to current Mining Act that favors mining companies.

“Upon careful review of HB 6342, ATM strongly believes that the proposed bill puts forward some policy reforms that are reflective of the genuine needs of mining-affected communities, and that the bill will respond to the regulatory framework necessary to implement large-scale mining without sacrificing social and other costs associated with the extractive industry, which the Mining Act of 1995, after more than a decade liberal interpretation and implementation failed to address”, said ATM national coordinator Jaybee Garganera.

Garganera said HB 6342 “has a clear declaration of state policy that adheres to total human development and sustainable development principles.”

He reiterated the advocacy group’s support of the clear policy standpoints that are articulated in HB 6342.

Among other things, the alternative mining bill proposes: “1) Integrating development of communities and science and technology initiatives, which puts local communities at the “center of development”; 2) Adherence to principles of participatory governance in the creation of the Multi-Sectoral Mineral Council that reflects true and genuine participation of local communities and their designated representatives, in accepting, studying, approving and monitoring the application and operations of mining projects, which will ensure authentic and legitimate representation, promote transparency and exact accountabilities from the decision-makers; 3) Recognition of local autonomy and just share in revenues of mining by LGUs that equitably outlines the sources of revenues by which LGUs are entitled to; 4) Addressing the social impacts of large-scale mining by mandating the contractor to prepare and submit an Environmental and Social Impact Prevention and Mitigation Plan (ESIPMP), which is a better mitigation measure than the current EIA system that does not fully address the complexity of mining operations; and 5) Improved Access to Justice where there the bill is able to lay down the policy foundations to ensure protection of human rights, definition of corporate and individual acts resulting to human rights violations, as well as prescribe procedures by which these can be resolve.”

Garganera likewise said that the House Committee on Natural Resources has also deliberated on two House Resolutions (HR) related to mining.

“HR 25, ‘Urging the Department of Environment and Natural Resources to uphold its notice of cancellation or termination of Aglubang Mining Corporation’s mineral production sharing agreement No. 167-2000-IV’, and HR 360, ‘Investigation into the effects of large-scale mining activities on the environment and people’s livelihood in Oriental Mindoro’; these covers the provinces that serve as our nation’s food basket threatened by mining operations,” he said.

Garganera said the anti-mining advocates are hopeful Congress will urgently address the industry's unjust practices which is aggravated by a flawed mineral policy.