Mines closure sparks heated debate

Members of President Duterte’s Cabinet had a “heated” discussion regarding the mining audit ordered by Environment Secretary Gina Lopez, which led to the closure of 23 mining firms, Presidential Communications Secretary Martin Andanar disclosed yesterday.

“And because the discussion became too heated, one of the Cabinet members suggested to just talk about it during a cluster meeting,” Andanar told state-owned radio station dzRB.

He said the meeting was attended by officials of the Department of Environment and Natural Resources (DENR) and the Department of Finance.

It was after the meeting that Lopez and Finance Secretary Carlos Dominguez III decided as cochairs of the Mining Industry Coordinating Council (MICC) to issue a resolution calling for the establishment of a multistakeholder review of the DENR’s orders to shut down 23 mines in 10 provinces over the supposed violations of environmental laws.

“The review shall be based on the guidelines and parameters set forth in the specific mining contract and in other pertinent laws, taking into account the valid exercise of the State’s police power to serve the common good, especially of the poor,” the resolution said.

The resolution will facilitate government assistance through employment and livelihood transition plans to workers to be displaced, whether directly or indirectly employed by mining firms to be shuttered or suspended.

“We know that during the cluster meeting, of course, all of the people there are alter egos of the President. So whatever is being decided upon from any cluster meeting, that will also be the official [decision] of the Palace,” Andanar said.

Lopez has been accused by mining companies of arbitrarily shutting down their operations without giving them the opportunity to refute the allegations against them.

The environment secretary has vehemently denied this, pointing out that the DENR provided each of the affected mining companies a copy of the complete mining audit and that her decision was a “culmination” of a six-month review process.

But ultimately, Lopez will not have the final say on the implementation of the closure orders as the fate of the 23 mines will rest with the President. The MICC review would only be recommendatory.

However, companies can appeal their case to the President.

“Part of the process in all the government agencies that have quasi-judicial powers is an appeal to the Office of the President,” Dominguez said. —WITH A REPORT FROM BEN O. DE VERA