Zambo Norte Subanens sue Canadian mining firm
By Cheng Ordonez
The Sun Star April 21, 2006
http://www.sunstar.com.ph/static/zam/2006/04/21/news/
zambo.norte.subanens.sue.canadian.mining.firm.html
ZAMBOANGA CITY -- Enraged with alleged continuing harassments, threats to lives and destruction of properties, a group of Subanens filed a suit against Toronto Ventures Incorporated (TVI), a Canadian-owned mining firm operating in Siocon, Zamboanga del Norte.
Gigi B. Bedro, of the Legal Rights & Natural Resource Center-Kasama sa Kalikasan/Friends of the Earth-Philippines, said Timuay Lino L. Tii led the Subanen petitioners in filing a case Thursday for the immediate cancellation of TVI's mineral production sharing agreement.
The suit was filed before the panel of arbitrators of the Mines & Geo-Sciences Bureau in Zamboanga City, according to Bedro. Tii's group claimed that TVI violated several national laws, several provisions of the 1987 Philippine Constitution, and this is sufficient ground for government to revoke the corporation's mining permit. The complainant Subanens also claimed that, at least, three national laws were violated by TVI's mining operations in the area. These include the Philippine Mining Act, Indigenous People's Rights Act, and Local Government Code of the Philippines of 1991, said Bedro. "The decision to file a case was made after the government failed to address their interest of protecting their land from development aggression caused by TVI's mining operations," Bedro said. Tii said they sought the help of local government units, environment department, Office of the President, and National Commission on Indigenous Peoples over their predicament but without result. He added that they are asking that TVI be not allowed to operate in the area because it is part of their sacred mountain that was occupied by their ancestors since time immemorial. The Subanens in Siocon were awarded a Certificate of Ancestral Domain Title (CADT) by President Gloria Macapagal-Arroyo on June 12, 2003. "This makes them the second indigenous peoples' community in the country whose rights are fully recognized," according to Bedro. But tribal chieftain Timuay Jose "Boy" Anoy said the certificate was not enough to protect them from the "destructive mining operations of TVI," added Bedro.
Others groups backing the Subanens are stakeholders in the area like Moro and Visayan farmers, fishers, women, church workers, and the youth. TVI, according to Tii's group of Subanens, has also continuously spread terror among residents in the area with the heavy presence of the military and paramilitary forces. The Subanens hope that their grief allegedly caused by "TVI's unending destruction of their sacred mountains" would finally come to an end. "TVI's mining operation has to be stopped. TVI and other large-scale mining firms have no place in the Philippines especially in ancestral domains of indigenous peoples," said Anoy.
Reacting to the suit, TVI expressed disappointment that Apu Manglang Pusaka and Legal Rights and Natural Resources Center again resorted to forum hunting in their denigration campaign against the mining firm. "The issues they raised are a mere rehash of their unfounded allegations that have been ventilated in various fora, including Congress. We categorically deny their accusations," it said.
The firm said TVI's mineral agreement with the national government was issued ahead of the certificate given to Subanon in Siocon, Zamboanga del Norte. But even if the company enjoyed prior rights over the ancestral domain claim and title, TVI entered into an agreement with the Siocon Subano Association Inc. for the development of Canatuan "as a gesture of good faith and affirmative action."
Friday, April 21, 2006
RP open to mining investments
DENR chief: RP still open to investors in mining
By Blanche S. Rivera
Philippine Daily Inquirer April 21, 2006
http://news.inq7.net/archive_article/index.php?ver=0&index=1&story_id=73248
THE GOVERNMENT has assured foreign investors that the Philippine mining industry would remain open to foreign firms despite the Congressional review of the Mining Act of 1995 and strong opposition by the influential Catholic Church.Environment Secretary Angelo T. Reyes said Congress would no longer debate over the ownership issue because the Supreme Court has already ruled that it was constitutional for foreign firms to operate mining projects in the country.Speaking before the Australia-New Zealand Chamber of Commerce, Reyes said his “understanding” from House Speaker Jose de Venecia was that the review of the Mining Law would focus on the strengthening of the environmental provisions and ensuring the safety of existing and proposed projects.“I assure you that the ongoing review will not result in any revocation or ownership changes because the Supreme Court has already ruled on this issue and has allowed foreign-controlled corporations to participate in the exploration, development and utilization of our minerals resources,” Reyes said during the chamber’s monthly meeting on April 18.
Unduly alarmed
The DENR chief said he was aware that the pastoral statement of the Catholic Bishops' Conference of the Philippines (CBCP) urging the repeal of the Mining Act and the revocation of existing mining licenses had “unduly alarmed” the investors. Reyes said that while the bishops enjoyed “some influence over the people” in this predominantly Catholic country, they had no legal mandate.“
Instead of repealing the Mining Act, the government agreed to a Congressional review of the law because we are confident that we have the best mining law,” Reyes said, citing international recognition for the environmental protection mechanisms in the Mining Act of 1995.He said the renewed clamor of the bishops and some non-government organizations for the revocation of all mining permits was triggered by the Rapu-Rapu tailings spills in October last year.
The incidents had a major impact on the efforts of government to prove the case for responsible mining after the infamous mine spills at the Marcopper site in Marinduque province in the 1990s.“Our credibility in enforcing the Mining Act and all its environmental safeguards was seriously put in question,” Reyes said.
The DENR had fined Lafayette Philippines Inc. a total of P10.7 million for violation of the Clean Water Act. Reyes expressed confidence that the lines of communication with anti-mining groups and the Catholic Church were still open, based on his recent dialogue with the bishops. “If mining companies and their local stakeholders can prove to the bishops that what the anti-mining groups are telling them are wrong, then there might still be a chance that we can soften their stand,” Reyes said.
Responsible mining practices
“This issue will not be solved by a series of debates on the pros and cons of developing our mineral resources. The government and the private sector must jointly prove their position with concrete examples of responsible mining practices,” he added.Reyes also denied reports that the government has imposed a moratorium on mining applications as a compromise to the bishops.
Former Environment Secretary and now Presidential Chief of Staff Michael Defensor had announced in February that the government was imposing a moratorium on mining, but he later clarified that this was limited to mining applications in the Bicol region.“There is no moratorium on mining. My department continues to process and approve mining applications in accordance with existing laws and streamlined procedures,” Reyes stressed.There are 1,400 applications for Mineral Production Sharing Agreement, 400 exploration permits and 59 Financial or Technical Assistance Agreements pending before the DENR’s Mines and Geosciences Bureau.
The Arroyo government has been aggressively promoting the Philippines’ mining potential abroad, selling 24 priority mine sites that are expected to gain $8 billion in investments. Of the 24 priority mining projects, six have Australian or New Zealand interests. The six are expected to generate $926.4 million in foreign direct investments, $1.3 billion in revenues and 10,000 jobs. “The government will continue to create the most conducive environment for businesses to thrive but we need your help to prove that we can make responsible mining work for the benefit of our people,” he said.
By Blanche S. Rivera
Philippine Daily Inquirer April 21, 2006
http://news.inq7.net/archive_article/index.php?ver=0&index=1&story_id=73248
THE GOVERNMENT has assured foreign investors that the Philippine mining industry would remain open to foreign firms despite the Congressional review of the Mining Act of 1995 and strong opposition by the influential Catholic Church.Environment Secretary Angelo T. Reyes said Congress would no longer debate over the ownership issue because the Supreme Court has already ruled that it was constitutional for foreign firms to operate mining projects in the country.Speaking before the Australia-New Zealand Chamber of Commerce, Reyes said his “understanding” from House Speaker Jose de Venecia was that the review of the Mining Law would focus on the strengthening of the environmental provisions and ensuring the safety of existing and proposed projects.“I assure you that the ongoing review will not result in any revocation or ownership changes because the Supreme Court has already ruled on this issue and has allowed foreign-controlled corporations to participate in the exploration, development and utilization of our minerals resources,” Reyes said during the chamber’s monthly meeting on April 18.
Unduly alarmed
The DENR chief said he was aware that the pastoral statement of the Catholic Bishops' Conference of the Philippines (CBCP) urging the repeal of the Mining Act and the revocation of existing mining licenses had “unduly alarmed” the investors. Reyes said that while the bishops enjoyed “some influence over the people” in this predominantly Catholic country, they had no legal mandate.“
Instead of repealing the Mining Act, the government agreed to a Congressional review of the law because we are confident that we have the best mining law,” Reyes said, citing international recognition for the environmental protection mechanisms in the Mining Act of 1995.He said the renewed clamor of the bishops and some non-government organizations for the revocation of all mining permits was triggered by the Rapu-Rapu tailings spills in October last year.
The incidents had a major impact on the efforts of government to prove the case for responsible mining after the infamous mine spills at the Marcopper site in Marinduque province in the 1990s.“Our credibility in enforcing the Mining Act and all its environmental safeguards was seriously put in question,” Reyes said.
The DENR had fined Lafayette Philippines Inc. a total of P10.7 million for violation of the Clean Water Act. Reyes expressed confidence that the lines of communication with anti-mining groups and the Catholic Church were still open, based on his recent dialogue with the bishops. “If mining companies and their local stakeholders can prove to the bishops that what the anti-mining groups are telling them are wrong, then there might still be a chance that we can soften their stand,” Reyes said.
Responsible mining practices
“This issue will not be solved by a series of debates on the pros and cons of developing our mineral resources. The government and the private sector must jointly prove their position with concrete examples of responsible mining practices,” he added.Reyes also denied reports that the government has imposed a moratorium on mining applications as a compromise to the bishops.
Former Environment Secretary and now Presidential Chief of Staff Michael Defensor had announced in February that the government was imposing a moratorium on mining, but he later clarified that this was limited to mining applications in the Bicol region.“There is no moratorium on mining. My department continues to process and approve mining applications in accordance with existing laws and streamlined procedures,” Reyes stressed.There are 1,400 applications for Mineral Production Sharing Agreement, 400 exploration permits and 59 Financial or Technical Assistance Agreements pending before the DENR’s Mines and Geosciences Bureau.
The Arroyo government has been aggressively promoting the Philippines’ mining potential abroad, selling 24 priority mine sites that are expected to gain $8 billion in investments. Of the 24 priority mining projects, six have Australian or New Zealand interests. The six are expected to generate $926.4 million in foreign direct investments, $1.3 billion in revenues and 10,000 jobs. “The government will continue to create the most conducive environment for businesses to thrive but we need your help to prove that we can make responsible mining work for the benefit of our people,” he said.
Tuesday, April 11, 2006
The World Bank and water - Brettonwoods Project
The World Bank and water
Brettonwoods Project
http://www.brettonwoodsproject.org/art.shtml?x=531818
As water is ubiquitous to development, so it is within the World Bank. Two network vice-presidencies have responsibilities over water (Infrastructure and Environment and Socially Sustainable Development (ESSD)). The infrastructure vice presidency houses the Energy and Water department, a Bank-wide department headed by Jamal Saghir.
In March 2000, the World Bank established the Water Resources Management Group (WRMG) to attempt to integrate water sub-sectors such as hydropower, water supply and sanitation, irrigation and drainage, and environment. The members of the WRMG are the lead individuals from these sub-sectors, lead water resource specialists from each region, water leaders from the World Bank Institute, the International Finance Corporation (IFC), the Global Environment Facility secretariat, and a representative from the legal department. The WRMG is chaired by David Grey, senior water advisor at the Bank. The staff in the secretariat of the WRMG report to the infrastructure and ESSD vice-presidencies, and are hosted by the Agriculture and Rural Development department in ESSD.
The central unit dealing with Water Supply and Sanitation (WSS) is a sub-sector of the Energy and Water department, whose work includes water supply, sanitation, and sewerage. The advisors and task managers in the sector are grouped under the WSS sector board, chaired by Jamal Saghir. Total WBG lending for WSS in the period 1990 to 2002 was $19.3 billion. After a decline in the late 90s, WSS lending has been rapidly increasing over recent years, reaching $1.8 billion in FY05, and set to grow further. The Bank is the largest external financier in this sector. Bank regional units, supported by the Energy and Water department, are responsible for developing and supervising individual projects. The Bank is also heavily involved in advisory work and policy dialogue, and supporting private sector involvement through the IFC and MIGA.
The Bank's work on water is guided by a thematic strategy (operational policy 4.07). This is operationalised through the Water Resources Sector Strategy (WRSS), the most recent version of which was approved by the Bank board in February 2003. The most controversial elements of the WRSS are its stated desire to re-engage with "high-reward/high-risk hydraulic infrastructure" (or big dams), its emphasis on the role of the private sector and its failure to embrace the recommendations of the World Commission on Dams. Other strategies, including the Infrastructure Action Plan (July 2003), the Private Sector Development Strategy (2002), and the Urban and Local Government Strategy (2000) also provide the framework for Bank advice and lending in water resources and water services. The strategies are premised on the need to facilitate private sector provision of basic infrastructure through a spectrum of public-private partnerships.
However, the Infrastructure Action Plan introduced a more pragmatic approach and a shift to supporting reforming public services and local/domestic private enterprises. This was further worked out for the WSS sector in the Operational Guidance for World Bank Group Staff Public and Private Sector Roles in Water Supply and Sanitation Services (2004). It was also presented in 2005 at the World Bank's water week. It follows from internal criticism in the Bank, from both the Independent Evaluation Group (IEG) and the Quality Assurance Group over the 'irrational exuberance' with which the private sector was pursued especially in water supply activities. The worldwide protests against privatisation were felt to have paralysed the sector and dried up investments into it, creating difficulties for Bank lending. At the recently concluded World Water Forum in Mexico, the same message was communicated by the infrastructure vice-president, Katherine Sierra.
Following up the WRSS at the country level are new Country Water Resources Assistance Strategies (CWRASs). CWRASs are meant to link water activities to Bank national lending strategies (Country Assistance Strategies, or CASs) and national development plans. They describe priority lending and non-lending activities in water resource management in a country, and in a break from the technocratic focus of the past, are to focus on the "political economy of change in water resources management". Only a few countries in each region - such as Brazil, Bangladesh, the Philippines, Ethiopia and Iraq - have been selected for CWRAS development, with priority given to countries "where water problems are serious and where there is a demand for Bank engagement".
Region
Countries selected for CWRAS development
Latin America
Brazil, Dominican Republic, Honduras, Peru and the Caribbean
South Asia
Bangladesh, India, Pakistan
East Asia and Pacific
Cambodia, China, Philippines, Mekong
Africa
Ethiopia, Kenya, Tanzania
Middle East and North Africa
Iran, Iraq, Yemen
Europe and Central Asia
Azerbaijan
Other World Bank activities in water include managing sectoral trust funds, participating in a myriad of regional and international partnerships, and providing training. The WRMG, WSS and the World Bank Institute (WBI) cooperate to develop water resources management and water services learning and training programmes - seminars at national, regional and international level involving central and local government officials, water utility managers, private sector providers, the media and civil society.
Updated 11 April 2006
Brettonwoods Project
http://www.brettonwoodsproject.org/art.shtml?x=531818
As water is ubiquitous to development, so it is within the World Bank. Two network vice-presidencies have responsibilities over water (Infrastructure and Environment and Socially Sustainable Development (ESSD)). The infrastructure vice presidency houses the Energy and Water department, a Bank-wide department headed by Jamal Saghir.
- In the period 1990 - 2005, IBRD lending for water totalled $16.7bn (7 per cent of total lending) while IDA loans totalled $7.7bn (7 per cent of total lending).
- In FY05, water, sanitation and flood protection accounted for 10 per cent of combined IBRD-IDA lending, or approximately $2.2 billion in lending, almost a $600m increase on FY04.
In March 2000, the World Bank established the Water Resources Management Group (WRMG) to attempt to integrate water sub-sectors such as hydropower, water supply and sanitation, irrigation and drainage, and environment. The members of the WRMG are the lead individuals from these sub-sectors, lead water resource specialists from each region, water leaders from the World Bank Institute, the International Finance Corporation (IFC), the Global Environment Facility secretariat, and a representative from the legal department. The WRMG is chaired by David Grey, senior water advisor at the Bank. The staff in the secretariat of the WRMG report to the infrastructure and ESSD vice-presidencies, and are hosted by the Agriculture and Rural Development department in ESSD.
The central unit dealing with Water Supply and Sanitation (WSS) is a sub-sector of the Energy and Water department, whose work includes water supply, sanitation, and sewerage. The advisors and task managers in the sector are grouped under the WSS sector board, chaired by Jamal Saghir. Total WBG lending for WSS in the period 1990 to 2002 was $19.3 billion. After a decline in the late 90s, WSS lending has been rapidly increasing over recent years, reaching $1.8 billion in FY05, and set to grow further. The Bank is the largest external financier in this sector. Bank regional units, supported by the Energy and Water department, are responsible for developing and supervising individual projects. The Bank is also heavily involved in advisory work and policy dialogue, and supporting private sector involvement through the IFC and MIGA.
The Bank's work on water is guided by a thematic strategy (operational policy 4.07). This is operationalised through the Water Resources Sector Strategy (WRSS), the most recent version of which was approved by the Bank board in February 2003. The most controversial elements of the WRSS are its stated desire to re-engage with "high-reward/high-risk hydraulic infrastructure" (or big dams), its emphasis on the role of the private sector and its failure to embrace the recommendations of the World Commission on Dams. Other strategies, including the Infrastructure Action Plan (July 2003), the Private Sector Development Strategy (2002), and the Urban and Local Government Strategy (2000) also provide the framework for Bank advice and lending in water resources and water services. The strategies are premised on the need to facilitate private sector provision of basic infrastructure through a spectrum of public-private partnerships.
However, the Infrastructure Action Plan introduced a more pragmatic approach and a shift to supporting reforming public services and local/domestic private enterprises. This was further worked out for the WSS sector in the Operational Guidance for World Bank Group Staff Public and Private Sector Roles in Water Supply and Sanitation Services (2004). It was also presented in 2005 at the World Bank's water week. It follows from internal criticism in the Bank, from both the Independent Evaluation Group (IEG) and the Quality Assurance Group over the 'irrational exuberance' with which the private sector was pursued especially in water supply activities. The worldwide protests against privatisation were felt to have paralysed the sector and dried up investments into it, creating difficulties for Bank lending. At the recently concluded World Water Forum in Mexico, the same message was communicated by the infrastructure vice-president, Katherine Sierra.
Following up the WRSS at the country level are new Country Water Resources Assistance Strategies (CWRASs). CWRASs are meant to link water activities to Bank national lending strategies (Country Assistance Strategies, or CASs) and national development plans. They describe priority lending and non-lending activities in water resource management in a country, and in a break from the technocratic focus of the past, are to focus on the "political economy of change in water resources management". Only a few countries in each region - such as Brazil, Bangladesh, the Philippines, Ethiopia and Iraq - have been selected for CWRAS development, with priority given to countries "where water problems are serious and where there is a demand for Bank engagement".
Region
Countries selected for CWRAS development
Latin America
Brazil, Dominican Republic, Honduras, Peru and the Caribbean
South Asia
Bangladesh, India, Pakistan
East Asia and Pacific
Cambodia, China, Philippines, Mekong
Africa
Ethiopia, Kenya, Tanzania
Middle East and North Africa
Iran, Iraq, Yemen
Europe and Central Asia
Azerbaijan
Other World Bank activities in water include managing sectoral trust funds, participating in a myriad of regional and international partnerships, and providing training. The WRMG, WSS and the World Bank Institute (WBI) cooperate to develop water resources management and water services learning and training programmes - seminars at national, regional and international level involving central and local government officials, water utility managers, private sector providers, the media and civil society.
Updated 11 April 2006
Pro Mining Villagers air support for mining project
Villagers enraged by burning of firm’s office, air support for its mining project
Manila Bulletin Tue Apr 11, 2006
http://www.mb.com.ph/issues/2006/04/11/PROV2006041161161.html
DINKIDI HILL, Kasibu, Nueva Vizcaya — Initially enraged by the burning of the field office of the Australasian Philippines Mining Inc. (Apmi) at the foot of the Dinkidi Hill in the mineral-rich Barangay Didipio by unidentified persons, villagers here rallied instead to air their support for the first large-scale mining project that straddles between Nueva Vizcaya and Quirino.
They believe that the burning was instigated by a group that wants to sow confusion and misunderstanding between the pro-mine and anti-mine factions in the community in the wake of the drive against rampant, small-scale mining at the slopes of the Dinkidi Hill, host to APMI’s gold-copper project. Most of the illegal miners come from the Cordilleras.
"The culprits also want to make it appear that most of the people in Didipio hate the project. But this senseless act of arson at the APMI offices here cannot intimidate us from supporting the project. It is our only hope for a better life," said Didipio Barangay Councilman Henry Guay.
The so-called silent majority of residents in the Didipio mining impact zone, also clarified that when the Didipio Earthsavers Multipurpose Association (Desama) recently filed a petition for mandamus against the Department of Environment and Natural Resources (DENR) and (APMI) to force the agency to cancel the environmental compliance certificate (ECC) issued to the Australian mining firm, it was not the will of the entire Didipio but only that of Desama.
"The press statement circulated by a Church-based social action group is deceiving because the article makes it appear that most of the residents of Didipio are up against APMI’s gold-copper project, when, in fact, more than 80 percent of the tribal folk are in favor of the large-scale mining operation and we can prove this," said Evangelist Pastor Efren Dulawan, a Didipio resident.
"While we respect the right of Desama, with a handful of its members, to express opposition to the mining project, we can not allow it to misrepresent the whole Didipio community. On the contrary, a bigger part of its population are supportive of the project," said another resident, Simplicia Annanayo.
"Desama can not represent the whole Didipio. It is just a small fraction of the dwellers who were tempted to oppose the project," said Dulawan.
Dulawan said further that Desama is just one of the six NGOs using Didipio in their organizational tags. The others are the Didipio Farmers Irrigators Association, Dididpio Multi-purpose Cooperative, Bacbacan Affected Residents, Didipio Women’s Movement for Community Development, and the Sangguniang Kabataan of Didipio, all of which support the project.
Manila Bulletin Tue Apr 11, 2006
http://www.mb.com.ph/issues/2006/04/11/PROV2006041161161.html
DINKIDI HILL, Kasibu, Nueva Vizcaya — Initially enraged by the burning of the field office of the Australasian Philippines Mining Inc. (Apmi) at the foot of the Dinkidi Hill in the mineral-rich Barangay Didipio by unidentified persons, villagers here rallied instead to air their support for the first large-scale mining project that straddles between Nueva Vizcaya and Quirino.
They believe that the burning was instigated by a group that wants to sow confusion and misunderstanding between the pro-mine and anti-mine factions in the community in the wake of the drive against rampant, small-scale mining at the slopes of the Dinkidi Hill, host to APMI’s gold-copper project. Most of the illegal miners come from the Cordilleras.
"The culprits also want to make it appear that most of the people in Didipio hate the project. But this senseless act of arson at the APMI offices here cannot intimidate us from supporting the project. It is our only hope for a better life," said Didipio Barangay Councilman Henry Guay.
The so-called silent majority of residents in the Didipio mining impact zone, also clarified that when the Didipio Earthsavers Multipurpose Association (Desama) recently filed a petition for mandamus against the Department of Environment and Natural Resources (DENR) and (APMI) to force the agency to cancel the environmental compliance certificate (ECC) issued to the Australian mining firm, it was not the will of the entire Didipio but only that of Desama.
"The press statement circulated by a Church-based social action group is deceiving because the article makes it appear that most of the residents of Didipio are up against APMI’s gold-copper project, when, in fact, more than 80 percent of the tribal folk are in favor of the large-scale mining operation and we can prove this," said Evangelist Pastor Efren Dulawan, a Didipio resident.
"While we respect the right of Desama, with a handful of its members, to express opposition to the mining project, we can not allow it to misrepresent the whole Didipio community. On the contrary, a bigger part of its population are supportive of the project," said another resident, Simplicia Annanayo.
"Desama can not represent the whole Didipio. It is just a small fraction of the dwellers who were tempted to oppose the project," said Dulawan.
Dulawan said further that Desama is just one of the six NGOs using Didipio in their organizational tags. The others are the Didipio Farmers Irrigators Association, Dididpio Multi-purpose Cooperative, Bacbacan Affected Residents, Didipio Women’s Movement for Community Development, and the Sangguniang Kabataan of Didipio, all of which support the project.
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