Saturday, July 29, 2006

DESAMA Case Filing vs. DENR at RTC Bayombong, Nueva Vizcaya


















Photos taken by JP Alipio/LRC Luzon Regional Office


Thursday, July 27, 2006

SC reaffirms constitutionality of Mining Act

http://www.philstar.com/philstar/NEWS200607270414.html
By Katherine Adraneda
The Philippine Star 07/27/2006

The Supreme Court (SC) upheld the constitutionality of the Philippine Mining Act of 1995 when it junked with finality the motion for reconsideration filed by the Didipio Earth Savers’ Multi-Purpose Association Inc. (DESAMA).

In a resolution dated June 14, the high court denied DESAMA’s petition regarding its March 30 decision to uphold the constitutionality of the Mining Act, saying that the basic issues have already been addressed and there is no substantial argument to warrant a modification of its decision.

The high court also denied for lack of merit the motion of another petitioner seeking to intervene in the case.

"We feel that a lot of questions remain unanswered and poses a threat to our rights," said lawyer Francis Joseph Ballesteros, of the Legal Rights and Natural Resources Center (LRC), a group helping DESAMA.

The LRC said the SC’s denial on their petition for intervention is contrary to a decision it previously rendered en banc in the case of the La Bugal B’laan Tribal Association Inc. where it allowed the intervention of the Chamber of Mines.

"We are disappointed, but we respect the SC decision," said lawyer Mary Ann dela Peña, also of LRC.

Nevertheless, the LRC considered the SC resolution as a "victory" because it declared the entry of mining concessionaires into private property as a form of "taking." This declaration, the LRC noted, means that mining firms would not be able to start operating in an area until the owners sell their property for mine use. Citing Article III, Section 9 of the 1987 Constitution, the LRC pointed out that the valid exercise of eminent domain requires "taking for public use and upon payment of just compensation."

The court affirms the first, while the other two requirements (whether it is for public use and whether there was payment of just compensation prior to taking) remained unsettled, the LRC stressed.

"The Philippine Mining Act does not provide for a public purpose for such a taking nor does it provide for the payment of just compensation to affected landowners," the DESAMA argued in its motion for reconsideration.

Climax-Arimco Mining Corp. (CAMC) is reportedly offering only P200 to P250 per square meter for use of land in areas it intends to set up mining operations.

"Not all the owners of property have sold their lands. So, legally speaking, mining operations in Didipio should not proceed yet," Dela Peña said.

The indigenous peoples of Didipio, Nueva Vizcaya vowed to continue to defend their lands against mining firms. The DESAMA, with the assistance of the LRC, also said it would exhaust all measures to assert the people’s land rights and community control of the natural resources in their area.

"We will not stop, we will continue to fight for our lands and livelihood. Ang lupa ay para sa mamamayan, hindi para sa dayuhang minahan (The land is for the people, not for foreign mining firms)," said Peter Duyapat, a leader of DESAMA.

DENR to check on Didipio mercury contamination

Malaya July 27, 2006
BY JOJO DE GUZMAN
http://www.malaya.com.ph/jul27/envi1.html

KASIBU, Nueva Vizcaya – The possibility of mercury contamination of the Didipio River will be investigated by the place of Department of Environment and Natural Resources.

Gov. Luisa Lloren Cuaresma said Environment Secretary Angelo Reyes has agreed to look into illegal small-scale mining in Barangay Didipio and determine whether the activities has harmed communities particulary those who might have been directly exposed to mercury-contaminated water.

Cuaresma said Reyes "will see for himself the mining operation’s adverse consequences on the people and the environment."

Reyes’ planned visit is scheduled within the week or in early August and prompted by persistent reports of continued operations of small-scale miners utilizing deadly substances and unregulated explosives in the indigenous peoples-dominated barangay, which lies in the mountain boundary of Nueva Vizcaya and Quirino.

Last month, findings by the state-run Nueva Vizcaya State University (NVSU) here showed mercury contamination in the blood of some Didipio residents, reportedly as a result of the continued illegal operation of dynamite and chemically induced small-scale mining activities.

Earlier this month, Reyes ordered an investigation on possible mercury contamination.

Reportedly, Didipio’s major rivers – Camgat, Surong and Didipio –major sources of potable water and irrigation in the area, were now contaminated with the poisonous substance.

The NVSU probe team report was confirmed by the National Science Research Institute (NSRI) at the University of the Philippines and St. Luke’s Medical Center, where water and blood samples from the upland area were found positive of mercury contamination.

Even before the findings came out, Cuaresma has already been calling all concerned authorities for the immediate stop of all illegal mining activities in the area following the death of a number of small miners due to suffocation inside the illegally dug-up tunnels. It was also meant to stop indiscriminate blasting activities.


In nearby Quirino province, Gov. Pedro Bacani has expressed fear that the continued illegal mining activities might cause massive erosion or landslides, posing danger to villagers living in the immediate impact zone, especially those in the lowland areas in the Quirino towns of Nagtipunan, Cabarroguis and Aglipay.

Over the years, small-scale miners use mercury to extract gold with the aid of water, which is indiscriminately drained into nearby rivers, Bacani noted.

Penro Apigo, DENR provincial officer, said families in the affected area are facing grave danger. "Delikado talaga ang kanilang kalagayan lalu pa nga’t sa ilog din d’on sila naliligo at kumukuha ng inumin. This is dangerous and hazardous to their health," he said.

Reportedly the human intake of mercury-containing water or fish, accumulated over time, can impair a person’s ability to feel, see, move and taste, and it may even lead to death.

An official from the Australian Philippines Mining, Inc. (APMI), who requested anonymity, said illegal small-scale miners in Didipio use mercury to extract gold from ores. "After grinding the mineral-containing ores, they used mercury to separate the gold. Vaporizing mercury, a metallic liquid, in the heating process is dangerous to health," he said. APMI allocated for social development programs a total of $2.8 million and for environmental programs, $8.6 million.

He added that the Didipio mining project is set to start construction by September this year and begin mineral production one year after.

Employment from the project of APMI, a 100- percent owned Philippine subsidiary of Climax Mining Ltd. of Australia, is seen at 1500 during construction and development, 500 during commercial operation and 3,000 indirect employment created due to the employment multiplier.

Offcials here projected that total government taxes and fees to be collected from APMI will be at $131 million

Wednesday, July 26, 2006

MINING LAW STAYS, WEAKENS COMMUNITY LAND RIGHTS

LRC KSK PRESS RELEASE
For questions and comments, please contact: Mary Ann Dela Peña or Francis Joseph Ballesteros, 0917-3229998 or (02)4344079.

The Didipio Earth Savers’ Multi-Purpose Association, Inc. (DESAMA) is unfazed by the recent ruling of the Supreme Court’s First Division in the case they filed against the DENR Secretary and Climax-Arimco Mining Corp. as they vowed to defend their lands against mining firms.

“Di kami titigil sa paglaban para sa lupa at kabuhayan. Ang lupa ay para sa mamamayan, hindi para sa dayuhang minahan,” stressed Peter Duyapat, leader of the DESAMA, after learning of the Supreme Court’s ruling on July 19.

In the said case, the Court upheld the constitutionality of the Philippine Mining Act even as it declared the entry of mining concessionaires into private property, as a “taking”. Under section 9,Article III of the Constitution, a valid exercise of the eminent domain requires (1) taking for (2) public use and (3) upon payment of just compensation. The court affirms the first while the other two requirements remained unsettled. DESAMA, in its Motion for Reconsideration, argued that the Philippine Mining Act does not provide for a public purpose for such a taking nor does it provide for the payment of just compensation to affected landowners.

Other concerned groups have also filed a petition for intervention on the case, claiming that the taking under Section 76 is a violation of the constitutional right to due process, However, this motion for intervention was also denied in the same ruling.

This is all in contrast to a decision of the Court rendered EN BANC in the case of La Bugal B’laan Tribal Association, Inc. where it allowed the intervention of the Chamber of Mines.“We feel that a lot of questions remain unanswered and poses a threat to our rights.” says Francis Joseph Ballesteros of the Legal Rights and Natural Resources Center, Inc., counsel for DESAMA.

Despite the series of setbacks in the legal arena, DESAMA, together with other communities threatened by the large scale mining corporations as well as advocates for community control of natural resources remain resilient. The community spirit and resistance against the watering down of their rights to land and livelihood seeks out new venues and forms.

Saturday, July 22, 2006

DENR to probe illegal mining

Angelo S. Samonte
Global Pinoy.Com July 22, 2006
http://www.globalpinoy.com/news/news_inside.php?newsnum=2079

The Department of Environment and Natural Resources will look into illegal small-scale mining in Barangay Didipio, Kasibu, Nueva Vizcaya, because of possible mercury contamination of the Didipio River. Environment Secretary Angelo T. Reyes is scheduled to visit Barangay Didipio to determine whether illegal mining has harmed communities, and if mercury has contaminated the river.

“The secretary will see for himself the mining operation’s adverse consequences on the people and the environment,” said Nueva Vizcaya Gov. Luisa Lloren Cuaresma, who invited Reyes.

“Illegal mining is not only threatening the health of our residents but also our rivers and forests.” Penro Apigo, DENR provincial officer, said families in the area face grave danger. “People are in danger because the river is their source of water, particularly drinking water. Mercury is hazardous to their health.”

The intake of mercury-containing water or fish, accumulated over time, can impair a person’s ability to feel, see, move and taste, and may lead to death.

Earlier, the Australasian Philippines Mining Inc., the Philippine subsidiary of Climax Mining Ltd. of Australia, said illegal small-scale miners in Didipio use mercury to extract gold from ores. “After grinding the mineral-containing ores, they used mercury to separate the gold,” the mining firm said, noting that vaporizing mercury, a metallic liquid, is dangerous to human health.

APMI’s Didipio mining project is set to start construction by September this year and begin mineral extraction next year. The company said it expects to create more than 1,500 jobs during construction and development, and a separate 500 jobs when operation starts. The project could also generate additional 3,000 indirect employment as a multiplier effect.

APMI said it would allocate $2.8 million for social development programs and $8.6 million for environmental programs. Total government taxes and fees are projected to be P131 million.

Thursday, July 20, 2006

ax Mining unit raises $18.7M for Philippine project

ClimFirst posted 02:05am (Mla time) July 20, 2006
By Christine A. Gaylican
Inquirer

http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=10742

AUSTRALASIAN Philippines Mining Inc., subsidiary of Australia's Climax Mining Ltd., said it had raised $18.7 million for pre-development and start of construction of its mining facility in the northern province of Nueva Vizcaya in September.

It also reported to the Mines and Geosciences Bureau that it had hired ANZ Bank to lead the debt financing for the project.

The company said it needed $81 million to develop the Didipio copper-gold mine, which has an estimated ore resource of 120 million tons containing 0.61 percent copper and 1.6 grams of gold per ton, and a mine life of 15 years.

"Part of the bank requirements is conducting a thorough due-diligence [audit] of the mining project's social, environment and technical reports," the report said.

The Board of Investments in February gave the Didipio project a "pioneer status," which entitles to an income tax holiday of six years, among other incentives.
The company will export all of its output.

The Didipio project is under a financial or technical assistance agreement (FTAA) with the government, which effectively authorizes the Climax Mining unit to have 100-percent equity in the project.

A Supreme Court ruling in December 2004 said an FTAA scheme does not violate the Constitution, which restricts foreign equity in projects that deal with the exploitation of natural resources to 40 percent.

With NQ7.net

Climax Mining unit raises $18.7M for Philippine project

By Christine A. Gaylican
Philippine Daily Inquirer July 20, 2006

http://business.inq7.net/money/topstories/view_article.php?article_id=10742

AUSTRALASIAN Philippines Mining Inc., subsidiary of Australia's Climax Mining Ltd., said it had raised $18.7 million for pre-development and start of construction of its mining facility in the northern province of Nueva Vizcaya in September.

It also reported to the Mines and Geosciences Bureau that it had hired ANZ Bank to lead the debt financing for the project.

The company said it needed $81 million to develop the Didipio copper-gold mine, which has an estimated ore resource of 120 million tons containing 0.61 percent copper and 1.6 grams of gold per ton, and a mine life of 15 years.

"Part of the bank requirements is conducting a thorough due-diligence [audit] of the mining project's social, environment and technical reports," the report said.

The Board of Investments in February gave the Didipio project a "pioneer status," which entitles to an income tax holiday of six years, among other incentives.
The company will export all of its output.

The Didipio project is under a financial or technical assistance agreement (FTAA) with the government, which effectively authorizes the Climax Mining unit to have 100-percent equity in the project.

A Supreme Court ruling in December 2004 said an FTAA scheme does not violate the Constitution, which restricts foreign equity in projects that deal with the exploitation of natural resources to 40 percent.

Tuesday, July 18, 2006

Villagers split by mining talk after 10 years

First posted 02:57am (Mla time) July 18, 2006
By Melvin Gascon
Inquirer

http://news.inq7.net/archive_article/index.php?ver=1&index=1&story_id=10378

Editor's Note: Published on Page A13 of the July 18, 2006 issue of the Philippine Daily Inquirer

BAYOMBONG, NUEVA VIZCAYA—For the first time in more than a decade, residents of a small mining village in upland Kasibu town have agreed to come together to discuss the issues that have divided their community.

The National Commission on Indigenous Peoples on Friday convened villagers opposed to and in favor of a proposed large scale mining project in Barangay Didipio to begin a series of dialogues meant to unite their village.

Victor Calingayan, NCIP provincial director, said that with the dialogues, the villagers would trace the roots of disputes that have escalated since Australasia Philippines Mining Inc. (Apmi) began pushing its planned gold-copper venture there.

“This is the first time that they (the pro- and antimining groups) have come together, talked things over and ate their meals with one another. I am confident that this would be the start of bringing back their unity as a community,” he said.

Apmi’s $102-million gold-copper project aims to process about 4 million ounces of gold and 1.5 billion ounces of copper deposits in Didipio for 14 years.

The proposed project has, however, failed to start operations due to objections of the local communities, led by the Didipio Village council and the Kasibu town council.

Division

Calingayan said they held the dialogue after they noted the growing division among the tribal people of Didipio, composed of Ifugao, Kalanguya, Ibaloi and Bugkalot settlers.

“This mining issue has placed even family members and relatives on opposite sides. So we’re coming in to pacify them, so that the situation would not worsen,” he said.

The dialogue was held using the “ammungan,” or the traditional method of settling disputes among Cordillera tribes, according to Calingayan.

Under this practice, the villagers sat down together, let out their sentiments and discussed issues by themselves, with government leaders as observers.

The forum was held without the usual protagonists—Apmi officials and environment groups—to allow the tribes to talk freely and avoid outside influence, said Marilou Gilo-Abon, president of Nueva Vizcaya State University, host of the event.

Mending bridges

“It is heartening to see them sit together and tell each other things that they have long wanted to say. I call this activity ‘mending bridges’,” said Abon, an adopted tribal member.

At the dialogue, about 80 Didipio villagers exchanged views on the issues. The pro-mining group was led by Pastor Efren Bulawan and some residents hired by Apmi as community relations employees.

The antimining group was led by village chair Antonio Dingcog, council member Peter Duyapat, and the officers of the Didipio Earthsavers Movement Association, a non-government organization.

Villagers split by mining talk after 10 years

By Melvin Gascon
Philippine Daily Inquirer July 18, 2006

BAYOMBONG, NUEVA VIZCAYA—For the first time in more than a decade, residents of a small mining village in upland Kasibu town have agreed to come together to discuss the issues that have divided their community.

The National Commission on Indigenous Peoples on Friday convened villagers opposed to and in favor of a proposed large scale mining project in Barangay Didipio to begin a series of dialogues meant to unite their village.

Victor Calingayan, NCIP provincial director, said that with the dialogues, the villagers would trace the roots of disputes that have escalated since Australasia Philippines Mining Inc. (Apmi) began pushing its planned gold-copper venture there.

“This is the first time that they (the pro- and antimining groups) have come together, talked things over and ate their meals with one another. I am confident that this would be the start of bringing back their unity as a community,” he said.

Apmi’s $102-million gold-copper project aims to process about 4 million ounces of gold and 1.5 billion ounces of copper deposits in Didipio for 14 years.

The proposed project has, however, failed to start operations due to objections of the local communities, led by the Didipio Village council and the Kasibu town council.

Division
Calingayan said they held the dialogue after they noted the growing division among the tribal people of Didipio, composed of Ifugao, Kalanguya, Ibaloi and Bugkalot settlers.

“This mining issue has placed even family members and relatives on opposite sides. So we’re coming in to pacify them, so that the situation would not worsen,” he said.

The dialogue was held using the “ammungan,” or the traditional method of settling disputes among Cordillera tribes, according to Calingayan.

Under this practice, the villagers sat down together, let out their sentiments and discussed issues by themselves, with government leaders as observers.

The forum was held without the usual protagonists—Apmi officials and environment groups—to allow the tribes to talk freely and avoid outside influence, said Marilou Gilo-Abon, president of Nueva Vizcaya State University, host of the event.

Mending bridges
“It is heartening to see them sit together and tell each other things that they have long wanted to say. I call this activity ‘mending bridges’,” said Abon, an adopted tribal member.

At the dialogue, about 80 Didipio villagers exchanged views on the issues. The pro-mining group was led by Pastor Efren Bulawan and some residents hired by Apmi as community relations employees.

The antimining group was led by village chair Antonio Dingcog, council member Peter Duyapat, and the officers of the Didipio Earthsavers Movement Association, a non-government organization.