RENEWING OUR RESOLVED FOR THE STRUGGLE OF PEACE, HUMAN RIGHTS AND HUMAN DIGNITY

A Backgrounder on the All Leaders Summit on 
Mining Issues in Zamboanga Peninsula

All Leaders Summit on Mining

conducted recently in Pagadian

City, (Photo by JONG CADION) 

PAGADIAN CITY - Several months have passed, the Executive Order 79 which is purported to solve the alarming issues and concerns on mining, provide solution to the acrimonious debates about the mining industry and lead the people and industry towards a direction of development path for the Philippine society to take beyond these issues on mining, eventually did not take shape.

The already divided situation has aggravated and the seeming balancing act of Malacañang so far did nothing to avert the harm, destructions and violations to the aggrieved peoples and communities affected by mining activities. An amended IRR of EO 79 has been issued by DENR awaiting another round of debates again on the measure.

Going into the various positions, groups opposed to the destructive mining assails EO 79 for undermining the position and local efforts of LGUs, churches and civil society groups in galvanizing the consensus of communities and citizens against the harm, destruction and violations against life, property and livelihood, environment due to the mining operations. The executive order doesn’t have any intent of giving in on the calls and demands of the affected peoples and communities.

They claimed that the Executive Order reflects the business as usual attitude of Malacañang and its capitulation to the interests of the mining industry. On the other hand, mining companies represented by Chamber of Mines felt shortchange d by the executive order.

It claimed that the measure withdrew what was accorded in RA 7942 for them, an act they claimed that it is unconstitutional. The Chamber of Mines made the first offensive of derailing EO 79. After three (3) months of its issuance, the government suspended the implementation of the IRR. It was only last October 9 that the final version of the IRR was issued.

While there is a renewed debate on the pros and cons on mining, there seems to be a reversal of fate between the communities affected by mining and the mining companies. The communities which are the aggrieved did not gained anything from the measure while the mining companies which caused the destruction wanted more than just the status quo.

The debate on policy space triggered by EO79 has been in limbo and the uncertainness of policy outcome might be detrimental to the affected peoples and communities.

The Chamber of Mines got emboldened of the policy space that was created that they’re putting up legal challenges on EO 79 particularly the Implementing Ruled and Regulations (IRR). A final version of the IRR was signed and issued by the DENR Secretary.

On the other hand, Malacañang got bitten by its indecisiveness on what to do and what to move forward and are saddled with other urgent issues on its lap (Cyber Crime Law, 2013 Elections and GMA Plunder Case, etc). While the affected communities did not gained from EO 79, the resulting outcome is very alarming as it will reverse the gains made by the church, IP groups, environment groups, civil society, LGUs and people’s and communities which have unwaveringly stood unbowed on its defense for human rights, intergenerational rights and ecological protection.

The issuance of EO 79 is a government’s and mining company’s one step backward from the formidable wall put up by communities affected by mining operations. It can be an attempt to weaken and obfuscate the strong resistance of communities, church groups, civil society, indigenous peoples, Bangsa Moro groups, environmental groups and NGOs.

A cursory look after the issuance of EO 79 shows, human rights violations and destruction of the environment still continue unabated. Lives of advocates and people’s in the communities opposed to mining have already outlined the executive order. The most recent are the death of an 11- year old Jordan Manda, the son of Zamboanga del Sur Timuay Leader Leoncio Manda who was believed to be the subject of the assassination attempt, the massacre of the B’laan Capion family and the attempt on the life of Dr. Olan.

On the other hand, ecological destruction intensified. Mining operations destroy the bays in Zamboanga Peninsula. Red tide has been frequenting Murillagos Bay, Dumangquilas and Busan Bay affecting the fishing and livelihood activities of the communities.

Tailings dam failures are always evident. The most recent happened in Philex Mines in Benguet. Tailings breached the walls of the dam releasing toxic waste ten times (10x) greater than Marinduque. Communities in Canatuan now lay witness to the occurrence of flash floods and the evacuation of countless number of families.

The Executive Order eventually did not change the culture of impunity and ecological destructions which pried on the peoples and communities affected by mining. The PNOY government obviously glossed over on this while local government units remained unperturbed.

It is now the time for peoples and communities in Zamboanga Peninsula affected by mining to take matters into their hands.