South Cotabato governor stands ground on open-pit mining ban

GENERAL SANTOS CITY, Philippines—South Cotabato Governor Arthur Pingoy said Tuesday he and other provincial officials were not bothered by the mining policy enunciated by President Benigno Aquino III in a new executive order.

South Cotabato has an ordinance banning open-pit and other mining practices considered destructive.

President Aquino’s new executive order bans mining only in the Lake Sebu area but allows it in the municipality of Tampakan, where Xstrata’s Sagittarius Mines Inc. has been trying to operate an open-pit mine.

“We are not bothered by the issuance of EO [79] by Malacañang. Our ordinance stays unless its validity is challenged in court,” Pingoy told the Inquirer.

Pingoy said he was told by Environment Secretary Ramon Paje that Malacañang will respect local ordinances on mining.

“We in the local government are in the best position to know what is good for our people and the environment. I will continue to implement the law (anti-open pit ordinance) unless it is declared by the court illegal,” Pingoy said.

Rene Pamplona, advocacy officer of the Justice and Peace Desk of the Diocese of Marbel, said there was nothing new in EO 79.

“It is also muddy and full of deception,” Pamplona said, comparing it to the Mining Act of 1995.

Marbel Bishop Dinualdo Gutierrez said he would ask the South Cotabato provincial board to declare the mountains of Tampakan a protected area so that there would be no reason for SMI to continue its operations there.

But Pingoy said he had misgivings about declaring specific areas protected zones as the provincial board may not have that power.

“My understanding is the power to declare a certain area as part of the protected areas is vested in Congress,” he said.

John Arnaldo, SMI communications officer, said the company welcomed the new executive order.

“We believe this executive order is a positive step toward  promoting a responsible mining industry in the Philippines and in particular, we welcome the recognition of the need for consistency between national laws and local ordinances,” he said.

“We look forward to partnering with the national and local governments and our host communities to progress the Tampakan project and achieve our shared goals for southern Mindanao – namely a vibrant, multi-faceted economy that provides sustainable opportunities for all,” he added.

If approved, Arnaldo said,  the Tampakan project would establish a blueprint for modern, large-scale mineral development in the Philippines.

He declined to comment though on claims that SMI cannot operate despite the executive order because of the provincial ordinance banning open-pit mining in the province.

The ban is the main reason the Environmental Management Bureau continues to deny SMI’s application for an environmental compliance certificate (ECC) that would allow it to proceed with its planned operations.