Legarda calls for halt to new mining permits pending new Aquino policy statement

MANILA, Philippines—Senator Loren Legarda on Friday called for a moratorium on the issuance of new mining permits pending the release of President Aquino’s policy statement on mining.

Legarda also called for a study by the Senate of on the desirability of repealing or  amending the Philippine Mining Act of 1995 (Republic Act No. 7942) amid disagreements over the exploitation of the untapped mineral wealth of the country estimated at more than $840 billion.

Legarda is the chair of both the Senate committee on climate change, and the congressional oversight committee on climate change.

“What we must do is to revisit the Mining Act and the policies of the government. What I understand from (Environmental) Secretary Ramon Paje is that Malacañang will no longer issue an executive order (on mining), but only a policy statement on whether we need to enact a new law like what Congressman Teddy Casiño mentioned, or repeal the mining act,” said Legarda.

“In the meantime, the country should have a new moratorium on the issuance of mining permits, and to assist all those who have been given permits because the law must be retroactive,” said the senator.

The senator made these pronouncements during a break in the workshop on “Effective Disaster Risk Reduction and Climate Change Adaptation” at the Quezon City Hall.

The daylong workshop, initiated by Legarda, was the first regional gathering of national and local government officials in Metro Manila aimed at tackling the science, impacts and policy responses to disasters and climate-induced hazards.

Legarda plans to hold similar workshops in other regions to “facilitate the integration of disaster mitigation in local development plans.”

Although she does not favor a total ban on mining, Legarda opposes mining activities in “geohazard areas,” or areas declared as vulnerable to earthquakes, landslides and flooding.

The workshop was attended by Presidential Communications Operations Secretary Herminio Coloma, Public Works Secretary Rogelio Singson and local government officials led by Quezon City Mayor Herbert Bautista and Cainta Mayor Mon Ilagan.

Sought for comment, Coloma threw his support behind Legarda’s call, saying that mining “can’t be a zero sum game.”

“I agree with what Senator Loren said. (We must have a) stakeholders perspective,” said Coloma, opposing a situation in which only one sector would benefit from mineral exploration, development and utilization “at the expense of the others.”

For instance, Coloma cited a study conducted in eastern Pangasinan near Benguet, where it was established that the mining activities had destroyed portions of the Agno River and caused respiratory diseases among the surrounding populace.

“Many were affected (by mining) long before the CSR (corporate social responsibility) gained currency. We can’t erase the past. These are real problems requiring real solutions. There has to be a multi-stakeholder, holistic approach that takes into consideration all the sectors that have a stake,” said Coloma.

Legarda noted that there were “responsible” mining companies, but added: “There are those who just abandon the sites after extracting gold or minerals, and left our farmers and fisherfolk dying. Let’s not allow ourselves to be raped by foreigners or local people.”

She lamented that host communities were not receiving the benefits due them, but pointed to the difficulty of calling for a total ban on mining amid the existing law and the employment it generates for host communities.

“We cannot say total ban immediately, now. How can you feed the 500,000 people” who depend on mining, asked the senator. She called instead for “an assessment of the law” and “very strict implementation” of the Mining Act.

She said that Paje was supportive of her call for a review of the mining law.

“Secretary Paje said that… we must review and assess the impact and operations of every mining company big or small—that’s not bad—I think everybody is responsible enough to open their books and open their operations to scrutiny,” she said.

Legarda vowed to oppose any mining in “heritage sites” declared by the United Nations Educational Scientific and Cultural Organization; critical watershed areas; protected areas, including those covered by the National Integrated Protected Areas System; eco-tourism sites; areas focusing on cultural tourism; agricultural lands and those with agricultural potential; and vulnerable areas, among others.

“We should comply with all that, then we’re talking,” she said. “If you see there is a plowback to local community, people will consider (mining), but what is happening is—if you see what happened to Boac in Marinduque 25 years ago—that mining sites have been abandoned.”

Legarda also cited as example the gold exploration in Banaue, a UNESCO-heritage site, despite opposition from the provincial council and affected communities.