Mining concern

Leyte Samar Daily Express

The members of Leyte Sangguniang Panlalawigan action on mining ventures in the province show they are not sleeping on their jobs. Their concern on the effect of mining is a great service to humanity, especially for Leyteños. A negative impact on the environment, not only during its operations, but will continue even after long years of its cessation. Thus, the vital action of the government either from the national or local authorities imposing regulations to moderate the negative effect of mining in a locality is necessary.

Our country has extremely poor mining reputation compared from other parts of the world. Abandoned mines and even those still operating have affected the livelihoods of thousands of lesser fortunate Filipinos. Mining has a negative effect for Filipino source of livelihood.

In the case of the farmers in MacArthur wherein Leyte 2nd district Board Member Anlie Apostol is alarmed, because the Nicua Mining Corporation’s mining award may be against the spirit of the Agrarian Reform Law. Some 40 hectares were bought with option for the farmers to buy back the land may have violated the provision that the farmer-beneficiary could not sell the land within 25 years.

Unless the land is no longer productive and approved by the Department of Agrarian Reform in accordance with the rules in conversion or exemption.

At present we have some 800 abandoned mines in the country that have caused immense environmental damage. Some of which have records of human rights abuses. Abandoned mines have left the affected residents to undergo economic difficulties. How long will Nicua operates the mining?

It is worthy to note that some mining companies have failed to comply with national law and international standards, according to Clare Short, a member of parliament from Birmingham, United Kingdom. As the stand taken by the Catholic Bishops’ Conference of the Philippines (CBCP) when they publicly opposed the 1995 Mining Act.

Leyte 1st district Board Member Roque Tiu is correct in his contention that the Mines and Geosciences Bureau (MGB), and the Provincial Government of Leyte are not in contradiction over the Mining Act and the Local Government Code (LGC). It is true that licenses for mining operation is issued by the national government, however, the LGC provides:

“Section 27. – Prior Consultations Required. – No project or program shall be implemented by government authorities unless the consultations mentioned in Section 2 (c) and 26 hereof are complied with, and prior approval of the sanggunian concerned is obtained: Provided, , That occupants in areas where such projects are to be implemented shall not be evicted unless appropriate relocation sites have been provided, in accordance with the provisions of the Constitution.

“Section 2. Declaration of Policy.- xxx (c) It is likewise the policy of the State to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and people’s organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.

“Section 26. Duty of National Government Agencies in the Maintenance of /Ecological Balance.- It shall be the duty of every national agency or government-owned or controlled corporation authorizing of involved in the planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction of animal or plant species, to consult with the local government units, nongovernmental organizations, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof.”

In one of the rulings of the Supreme Court, it states: “Congress introduced Sections 26 and 27 in the Local Government Code to emphasize the legislative concern “for the maintenance of a sound ecology and clean environment.” These provisions require every national government agency or government-owned and controlled corporation to hold prior consultations with the local government unit concerned and to secure the prior approval of its sanggunian before implementing “any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover and extinction of animal or plant species.”

Very clear, the national government agency needs to hold prior consultations with the local government unit and secure prior approval of its Sanggunian. Is consultation done with the Local Government Unit by the MGB? If yes, how about the nongovernmental and people’s organizations, and concerned sectors of the community, were they also consulted? Are the farmers given a relocation sites where they can pursue their farming?

We have to be concern with the past experiences where human rights were disregarded in pursuit of the mining operations. Likewise, our country is facing with the diminishing and restricted natural resources. Our government may be in need of revenue, but sacrificing the environmental management, such as the agricultural land, water and forests, which are more essential, sustainable and economically practicable.

The exploration, development and utilization of mineral resources contend with the present day realities of global warming, pollution, and food shortages. One thing to consider is the dangers posed by earthquakes, typhoons and volcanic eruptions. Protecting the environment is avoiding risk and disaster; hence the acts of provincial board members are laudable.

The bill in Congress banning all mining exploration and operation in Carigara Bay shows how Leyte 2nd district Representative (Rep.) Sergio Apostol, principal authored, with Leyte 3rd district Rep. Andres Salvacion and Biliran lone district Rep. Rogelio Espina, co-authors, seriously are concerned with the lives of the people and to protect the environment.

Their acts should not hurt the feelings of the MGB personnel, because they have the same goal, follow the law. The same with the mining operators, they should not feel bad when concerned citizens questioning the propriety of the award and the propriety of explorations.

Let the recent catastrophe in Japan be a lesson to all. When nature is disturbed, there is an appointed day for its revenge. (Email [email protected])

By: Fidel D. Banzon