Solons, LGUs Hit DENR on Mindoro Mining

27 January 2010 
  
ATM PRESS RELEASE 
Solons, LGUs Hit DENR on Mindoro Mining: 
Local and National Groups Express Support to Scrapping of Nickel Project 
  
MANILA, Philippines – A congressional inquiry into the issue-laden proposed large-scale mining in the island of Mindoro revealed several flaws in the DENR process of approving mining applications.  The House Committee on Natural Resources today tackled House Resolution 1492, wherein the DENR was alleged to have committed violations in its process of issuing an Environmental Compliance Certificate (ECC) to Intex Resources, owner of the Mindoro Nickel Project. 
  
Rep. Diogenes Osabel, Governor Arnan Panaligan and Vice-Governor Ma. Felipa Estella Aceron took turns in grilling DENR officials from the Environmental Management Bureau (EMB), Mines and Geosciences Bureau (MGB) and the National Commission on Indigenous Peoples (NCIP) during the hearing.  There was no representative from the DENR Region IV-B office. 
  
Rep. Diogenes Osabel, main sponsor of the resolution and from the party-list ALAGAD, stated that the numerous issues raised by his partymates and members from the Mindoro provinces prompted him to be directly involved in this case.  “I was made disquiet and needed to address my anxiety when our members in Mindoro, and in conferring with the LGU officials, raised these concerns to me”, he said.  

Rep. Osabel took a commanding role in the committee investigation when he pressed DENR officials to answer the allegations presented by LGU officials, Church leaders, indigenous peoples, private sector groups and civil society from Mindoro. 
  
Gov. Panaligan asserted to the committee that the DENR violated the Local Government Code by failing to conduct public consultations and was unsuccessful in obtaining consent from the LGU regarding the mining project.  The LGC mandates that any development project must secure consent or approval from the LGUs thru an issuance of a Sanggunian resolution.  

He also said that the DENR itself violated the Mining Act of 1995 when it failed to observe Sec. 70 of RA 7942 (Philippine Mining Act of 1995), that outlined the requirements for issuance of ECCs.  “More importantly, Sections 26 and 27 of the Local Government Code were violated, because Intex failed to conduct prior consultations with us LGUs”, Panaligan emphasized. 

In October 2008, Panaligan served a cease and desist order against Alag-ag Mining regarding a scoping session in Brgy. Villa Cerveza, Victoria town. Victoria will host the mining operations. In May 2009, Panaligan similarly issued a cease and desist order against the planned public hearing of EMB regarding the EIA of the Mindoro Nickel Project. 
  
Vice-Gov. Aceron meanwhile reminded the DENR that Oriental Mindoro has already passed a Provincial Ordinance in 2002,  imposing a 25-year moratorium against large-scale mining operations in the province.  She also asked the DENR what documentary evidence they have that may prove that the LGU allowed or supported the application procedures of Intex.  She also confirmed that her office has received numerous resolutions from the barangay and municipal LGUs stating expressing their opposition against the entry of mining in their areas.  
  
Meanwhile, Fr. Edu Gariguez, a convenor of the Mindoro-based Alyansa Laban sa Mina, and one of the hunger-strikers that camped in front of the DENR Central Office last November 2009, expressed mixed feelings about this Congressional investigation.  Sa isang banda, maligaya kami na ang Kongreso at ang aming mga lider sa LGUs ay seryosong naninidigan sa aming mga pagtutol at pagkilos laban sa minahan.  Sa kabilang banda, batid namin na mahaba pa ang laban na ito, sa aming patuloy na pagtatangka na kumbinsihin ang DENR na nag-kamali sila sa pag-isyu ng ECC, at dito kami may pangamba”, said Fr. Gariguez.  (On one hand, we are glad that Congress and our LGU leaders are championing our struggle.  On the other hand, we know that we still have a long fight, as we try to convince the DENR that they underwent a flawed process in issuing the ECC.  This gives us anxiety). 
  
Green groups in Manila expressed their strong support to the anti-mining advocates. HARIBON Director Anabel Plantilla said that “nickel mining endangers not only the unique plants and animals in Mindoro, but moreso people’s livelihoods and eventually their lives.  No amount of mitigation will bring back ecological services that will be disrupted if mining will be allowed”, she said. 
  
Some groups also chided the DENR, saying “They (DENR) did not need to have the Mangyans go on hunger strike at its doorsteps to know that the Intex mining project did not have social acceptability.  The DENR need only to respect the provincial LGUs’ moratorium on mining”, said Judy Pasimio, Executive Director of the Legal Rights and Natural Resources Center (LRC).  Twenty-five Mindorenos staged an 11-day hunger strike last November 2009, to dramatize their opposition against the issuance of the ECC by DENR to Intex Resources. 
  
Alyansa Tigil Mina (ATM) Coordinator Jaybee Garganera said that their group will remain steadfast and stand by the people of Mindoro as they assert their right to a balanced ecology and sound economy. “It is still hard to understand why Intex insists on pursuing this mining project.  The local people are against it, it’s becoming more obvious that the application process was flawed and nickel prices are plummeting globally.  Even the biggest mining companies are shelving their nickel mines, and yet Intex is still unreasonably persistent”, he said. 
  
ATM, an advocacy group and people’s movement composed of more than eighty (80) organizations from mining-affected communities and civil society organizations nationwide, lauded the initiative of the House Committee on Natural Resources, stating that “this investigation will be able to prove that Intex Resources is not welcome and that they should get out of Mindoro.”  
  
The Alyansa Tigil Mina (ATM) is an advocacy group and a people’s movement that upholds the rights of the present and future Filipinos against the persisting injustices related to mining. ATM is an alliance of mining-affected communities and their support groups of NGOs/POs and other civil society organizations convened by HARIBON, Legal Rights and Natural Resources Center – Friends of the Earth Philippines (LRC/FOEI) and PhilDHRRA. — (30) 
  
  
  
  
For more information: 
  
Jaybee Garganera, ATM Coordinator, (0915) 315.37.19, <nc@alyansatigilmina.net> 
Fr. Edu Gariguez, ALAMIN, (0919) 800.55.95, <edugariguez@gmail.com> 
Judy Pasimio, Executive Director, LRC-KsK/FOE, (0917) 526.83.41 <judy.pasimio@lrcksk.org> 
Anabel Plantilla, Director, HARIBON, (0917) 527.06.06, <orgsus@haribon.org.ph>