DENR move to freeze processing of mining applications not enough

MANILA, Philippines - The Legal Rights and Natural Resources Center-Kasama sa Kalikasan (LRC-KsK) says the ban on the acceptance and processing of mining applications imposed by the Department of Environment and Natural Resources (DENR) is not enough.

In a statement, Judith Pasimio, its executive director, claimed Environment Secretary Ramon J. P. Paje should go beyond the freeze and stop the processing of all pending mining claims.

Pasimio said Paje's issuance of Memorandum 2011-01 is not completely in line with the Palace pronouncement\ that President Aquino wants the sustainable development of mining and logging.

What Paje is doing is simply to emphasize the policy of "use it or lose it" for mining companies.

"It is about 'cleansing' of its records of non-moving mining applications and non-performing mining contracts to eventually open about 5 million hectares of potential mineralized areas for serious investors," Pasimio insisted.

"It is clear from the memorandum that the moratorium covers only the acceptance and processing of new mining applications. Pending mining applications will continue to be processed, and existing mining tenements remain valid and in effect," she noted.

As of 2010, the Mines and Geosciences Bureau (MGB) says there are 702 approved mining tenements covering 1,093,521.5619 hectares.

Among these are mining permits overlapping with old growth forests, watershed areas, prime agricultural lands, and protected
areas.

There are also approved mining permits over ancestral domains of indigenous peoples, with no legitimate free, prior and informed consent from the people.

"So, if the Department of Environment and Natural Resources is really serious in fulfilling its responsibility of protecting the environment, Paje should start cleansing these approved mining tenements. But since Paje assumed position, he has not done any significant action on the more controversial approved mining permits. There is the Financial and Technical Assistance Agreement (FTAA) with the Australian mining company Oceania Gold, Inc., for its operation in Barangay Didipio, Kasibu, Nueva Vizcaya. This FTAA has been riddled with a lot of issues and legal challenges for the past decade - lack of local government consent, lack of funds, diversion of water sources, among others," she noted.

"Then recently, the Commission on Human Rights (CHR) issued a resolution, calling on the government to revoke its FTAA for human rights violations committed by the Oceania Gold against the Didipio people. The DENR, however, remains silent on these issues until now. Shouldn't companies like this, be the subject of Paje's cleansing program?" Pasimio asked.

"LRC-KsK calls for more definitive and strategic actions. We urge the government to immediately review all existing applications and contracts and effect the immediate cancellation of non-performing mining tenements, particularly those without legal and legitimate consent. We also call for the suspension of all mining contractors with human rights violation complaints," she said.

"During the period of moratorium, all the issues and concerns in regards to all mining activities (whether pending or existing)
should be addressed and institutional processes should be in place before mining activities are resumed," Pasimio demanded.