SPECIAL REPORT: The Tampakan project: battle over Southeast Asias largest coppergold reserve (1) By Bong S.

Sarmiento on November 11 2012 8:21 p 1st of two parts TAMPAKAN, South Cotabato (MindaNews/11 Nov) How huge is the proposed open pit mine that will gouge out a mountain here to extract 17.9 million ounces of gold deposits and 15 million metric tons of copper? Imagine at least 17,000 basketball courts laid out beside each other being swallowed with ease by that pit and you will have a general idea of its size. As for its depth of 800 meters, imagine a hole as deep as a 160-storey building in a country whose tallest building is all of 73 floors. Mt. Matutum, a dormant volcano and South Cotabatos landmark peak, beckons from the mines development site of Sagittarius Mines, Inc. Mindanews Photo by Bong Sarmiento As the largest known undeveloped copper and gold minefield in Southeast Asia, the project of foreign-backed Sagittarius Mines, Inc. (SMI) promises tantalizing economic returns with global prices of the precious metals at an alltime high. But it also paints a terrifying picture of the areas environmental future and its implications for the people of the mountains and those who live in the lowlands. The stakes are extremely high, so high that both those who oppose mining and those who are for it have already drawn the line on the sandwith blood. The fact that the mineral deposits lie buried underneath ancestral lands of the Blaan tribe further complicates the already volatile situation. A number of male tribal members have begun arming themselves with improvised shotguns and high-powered rifles like M16s and M1 Garands. They are ready and willing to use these, they say, should mining operations commence.

The Blaans are essentially a peace-loving people although they have the hearts of warriors whose instincts have, to a great extent, been honed by hunting in the forest, a territory they know like the palm of their hands. While there have been conflicts within the tribe, in some instances ending in killings, they try to fix them using kasfalatheir tribal justice systemto prevent the escalation of violence. But when pushed against the wall, they fight back. And some of them are doing that now against SMI. Xstrata Copper, the worlds fourth largest copper producer, controls SMI, with Australian firm Indophil Resources NL as the junior partner. Xstrata Copper is a subsidiary of Switzerland-based Xstrata Plc., a global diversified mining company. After assuming in 2001 rights over the Financial or Technical Assistance Agreement (FTAA) of the Western Mining Corp., the Australian mining company that originally discovered the deposits in the early 1990s, SMI launched in 2003 the Tampakan project, which also straddles the towns of Kiblawan in Davao del Sur and Columbio in Sultan Kudarat. The core of the copper and gold deposits lies in Tampakan, a second class municipality without a single bank and lacking in the usual modern economic infrastructures. Lately, however, its streets are littered with the latest model of four-wheel drive pick-up trucks purchased by several residents, in the hope of renting these out to SMI. The Tampakan project has not gone into production because its application for an environmental compliance certificate (ECC) was rejected early this year by the Department of Environment and Natural Resources (DENR), on the grounds that it violates the open-pit ban imposed by the South Cotabato government. From the time SMI started its Tampakan project, it has been hounded with protests mounted by environment, human rights and church groups opposing it.

The opposition fears that once it goes on commercial stream 2018 is the revised target from the original 2016 the environment may suffer irreversibly. Environmental impacts SMI plans to excavate the massive deposits by digging a hole, or open-pit in the language of the mining industry, in an area measuring 2.5 kilometers wide and 3 km long down to a depth of 800 meters, or an area equivalent to the size of 17,000 basketball courts and as deep as a 160-storey building . The Philippines tallest building as of 2012 is the 73-floor Gramercy Residences at Century City in Makati City while Mindanaos tallest for now is the 20-floor Marco Polo Hotel in Davao City. The depth of the Tampakan pit will be eight times the height of Davaos Marco Polo. The Tampakan prect site, which includes the open-pit area and other support infrastructure like the waste rock storage facility, tailings pond, and fresh water dam, among others, will sit on some 10,000 hectares (ha) of land altogether. According to the companys Environmental Impact Assessment (EIA), out of the total project site, 40 percent or 3,750 hectares are rainforest vegetation. While there is no declared watershed in the Tampakan project site (mining is banned in watersheds), the remaining rainforests are believed to be the source of water for rivers that feed agricultural farms and ponds downstream. In fact, the reason why then South Cotabato Governor Daisy P. Avance-Fuentes signed into law on June, 29, 2010 the Environment Code that banned open-pit mining in the province was because of the possible drying up of agricultural areas in the lowlands if the resource-rich area is mined.

Fuentes, the representative of South Cotabatos 2nd district in Congress from 1992 to 2001, signed the law a day before stepping down as governor. She is now back in her former post as Representative. In her explanatory note during the announcement of her approval of the Environment Code in 2010, Fuentes cited a study by a British group titled Philippines: Mining or Food? which warns about the drying up of lowland rivers if the Tampakan project would proceed. This is a landmark legislation. It marks the provinces maturing autonomy by owning up to the responsibility as environment steward, she said. Fuentes acknowledged pressures for her to veto the open-pit ban, the strong lobbying even shifting to Malacanang, the seat of the national government. She explained to reporters that vetoing the ban on open pit mining would not only render the whole Environment Code inoperative but will expose communities and resources to danger which will, with certainty, affect their health, security and economic sustainability. The open-pit ban is one of the provisions, albeit the most controversial, of the provincial Environment Code. After mining is completed, the open-pit cant be restored to its original state, SMI said in its open-pit mining public briefer. Sixty per cent of the project site has been disturbed by logging, agriculture and kaingin (slash and burn farming). The rest, however, supports a high diversity of flora and fauna, including over 1,000 flora species and around 280 fauna species, the companys EIA Overview Document showed. Of this, at least 50 flora species and 33 fauna species are either on the list of threatened species in the Philippines and international bodies.

Generally speaking, Sagittarius Mines, in its EIA Overview Document, plans to clear approximately 1,300 hectares of remnant rainforest (35% of the 3,750 hectares of rainforest on the site) that supports a high diversity of flora and fauna species, including threatened species. This area is equivalent to at least 30 times the size of SM Mall of Asia in Metro Manila. The final mine area is approximately 10,000 hectares and it potentially includes 355 hectares of old growth forest, SMI said in response to an e-mail query. The DENR has yet to validate this old growth forest area. But under the law, forest of this kind shall not be disturbed. Remnant rainforest and old growth forests are two different things. The former refers to those leftover trees that were untouched by logging activities decades ago that are now fully grown. Old growth forest, in lay language, means virgin forest. Earthquake fault lines The Tampakan project has also been described by some experts as potentially one of the most dangerous mines in the world because of its geologic location, which is about 12 kilometers from Mt. Matutum, a dormant volcano. Matutum is South Cotabatos landmark peak at 2,286 meters and its tip towers over the Tampakan minefield. It was declared a protected landscape in March 1995 through Presidential Proclamation 552 issued by then President Fidel V. Ramos. Aside from the open-pit, which the environment experts warn will indelibly scar the mountains of Tampakan, other support facilities will be constructed in the area like the waste rock storage facility (WRSF), concentrator (processing facility), tailings storage facility (TSF), and fresh water dam (FWD). MINING FORUM. Thousands attend the forum on the Tampakan copper-gold project of Sagittarius Mines, Inc. in Koronadal City on September 23, 2011, sponsored by the provincial government of South Cotabato. The

Tampakan project has become a hot issue in the countrys mining industry. MindaNews photo by Bong S. Sarmiento The proposed open pit site will straddle the villages of Danlag, Pula Bato and Tablu in the town of Tampakan, province of South Cotabato. To the northeast and adjacent to the open pit site will be the proposed sites of the WRSF, with the concentrator (processing facility), TSF and FWD 13 kilometers east of the open pit in the town of Kiblawan in the province of Davao del Sur. These facilities pose an imminent danger to the environment and lives of the people [in downstream areas] in case of an accident (dam and other containment failure that result into floods carrying poisonous substances to downstream areas) because the project area lies in an unstable geography, Emmanuel Diaz, a geologist working at the ASEAN Centre for Biodiversity, said. The mines development site lies at an estimated 1,300 meters above sea level and atop the two big riversTaplan River and Mal Riverthat feed lowland agricultural farms in South Cotabato and Davao del Sur, respectively. The proposed open pit will be located in the Taplan River catchment while the remainder of the proposed site infrastructures will be situated in the Mal River catchment. Diaz particularly expressed concern on the mining projects impact on biodiversityall living forms to include plants and trees and animals (and even humans). He stressed there could be plants and trees and animal species endemic only in the Tampakan mining project area that will not only be disturbed but may become extinct as the mining phases (exploration, exploitation, and production) progress. In a 10-page paper, Dr. Robert Goodland and Clive Montgomery Wicks described the Tampakan project as a risk forever. The chances of the 2.1 km long and 280 meters high tailings dam and the 0.8 km long

and the 150 meters high fresh water dam surviving for any length of time is doubtful The chances of water passing through the toxic waste rock storage and other toxic sites and then into the environment is very high, particularly if damaged by the fault underneath, they said after reviewing the Tampakan projects environmental impact statement. In 2009, Goodland and Wicks wrote the book entitled Philippines Mining or Food? But John Arnaldo, SMI spokesperson, allayed fears about the disastrous characteristics of the Tampakan project that many believe could exact a terrible toll on the environment and on human lives. We are confident that our facilities would withstand the most extreme events. Just as high-rise buildings exist in earthquake prone areas around the world and resist strong earthquakes, today it is absolutely feasible to build tailings dams to withstand such events, he said. Arnaldo said that in the unlikely event of any environmental damage resulting from the mining operations, SMI will compensate those affected and rectify any damage. He did not discuss the compensation package though. He also noted that the company has obtained a certification from the Philippine Institute of Volcanology and Seismology that states that the nearest active earthquake fault is some 10 kilometers from the project area, indicating that the proposed final mine area is not within a high risk zone. SMI has mitigated the risk of seismic activity in the project area as part of our planning for the project, including designing project components to withstand major earthquakes, Arnaldo said. But Page 42 of the companys Environmental and Social Impact Assessment states: Based on Table 5.1, the TSF (tailings storage facility) has been given an extreme consequence classification, during operation and closure,

due to the high potential for loss of life and high environmental damage if failure occurs. This classification also applies to waste rock codisposed with tailings in the TSF. It quickly explained, however, that the selection of extreme classification means that the structure is designed to the highest level of protection consistent with international dam engineering practice. Arnaldo said dams and buildings are constructed safely world-wide in a variety of environments and the analysis undertaken by our geologists and engineers is consistent with leading practice, that is to assess the risk and design the structures accordingly. With rigorous design standards and the proposed construction supervision and monitoring we are confident that our dams and waste rock facilities can be constructed to minimize the risk of failure and impact to the community/environment, he said. Indophil, the junior foreign partner at SMI, placed the initial life of the mine at 17 years. Two decades in the pipeline The Tampakan project has been in the pipeline for 20 years, with the discovery of the mineral deposits in 1992. Just recently, SMI announced the moving of the target year for commercial operation from 2016 to 2018. Construction of the mining support facilities would have started this year had it not been for the open-pit ban which the DENR invoked to deny the firms ECC. The mines development site straddles five tribal councils in five barangays under three towns (Tampakan in South Cotabato, Kiblawan in Davao del Sur and Columbio in Sultan Kudarat), all of which have expressed support to SMI under principal agreements that provide financial assistance to them even if the firm has yet to extract the deposits. The Financial or Technical Assistance Agreement (FTAA) for the Tampakan project was granted to Western Mining Corp. (WMC)

in 1995 and was transferred to Sagittarius Mines in 2001, then controlled by Australian firm Indophil Resources NL. Xstrata Copper exercised its option to acquire 62.5 percent of the 40 percent controlling equity held by Indophil in 2007, making the Swiss miner the majority holder of the controlling equity at the Tampakan project. The 60 percent non-controlling equity continues to be held by the locals collectively known as the Tampakan Group of Companies. From the time the FTAA was granted to WMC up until the entry of Xstrata Copper in Sagittarius Minesor a total period of 17 years as of this writing an annual financial assistance has been extended to the host tribal councils, barangays and towns, as contained in separate principal agreements. When Xstrata Copper assumed management control at SMI, company expenditures already reached a staggering P18 billion (U$416 million) from 2007 to end of 2011 alone for the Tampakan project. Indophil had spent Au$27 million for the exploration activities prior to the entry of Xstrata Copper. Of the P18 billion, P367 million (U$8.2 million) went to various corporate social involvement programs including community fund assistance to the host barangays and tribal communities, said Arnaldo, the companys spokesperson. Curiously though, the tribal communities remain mired in poverty. (Conclusion tomorrow: Tampakan minefield: Dark side, bright prospect) (This special report by Bong S. Sarmiento was produced under the Environmental Investigative Reporting Fellowship project of the International Womens Media Foundation Last of two parts TAMPAKAN, South Cotabato (MindaNews/12 Nov) Potentially the largest foreign direct investment in the Philippines, the $5.9 billion Tampakan mining project faces two major

challenges: the ban on open pit mining imposed by the South Cotabato provincial government and the increasing activism of environment groups and local Catholic clergy which had made clear their anti-mining stance. Underneath the surface, however, hostility toward the project is simmering among tribespeople who fear that the mines development will lead to their displacement and the destruction of their way of life. Some have taken up arms to protect what they insist is their ancestral domain. Sadly, several lives have been lost, among them Gurilmin Malid and Pensing Dialang, who were both killed in 2002 allegedly because of their anti-mining stance. This localized yet deadly war has also recently led to the killing of Juvy Capion and her two sons on October 18, following a clash allegedly between Philippine soldiers and tribesmen led by her husband, Daguel Capion. Capion has been leading the opposition to the mining project and had openly declared war on Sagittarius Mines, Inc. (SMI) for allegedly disrespecting the rights of the tribe. Capion also expressed concerns about the negative impact of the mining project on the environment. Reportedly injured, Capion managed to escape and has remained in hiding but his wife, Juvy, and her sons Jordan, 13, and John Mark, 8 were killed. The couples four-year old daughter Angeline, fondly called Vicky, was unhurt. The girls future remains uncertain given the rising tensions within the tribal community of Bong Mal, where the killing happened. Bong Mal is the traditional Blaan territory straddling Barangay Danlag, Tampakan in South Cotabato and Barangay Kimlawis, Kiblawan in Davao del Sur. At the heart of the mines development site, it serves as a crucial artery for the mining company to move around the mountains. In Bong Mal, the Capions lay claims to vast tracts of land, part of which is a farming area where the mother and her two sons were killed by bullets supposedly coming from the

soldiers. Pieces of brains and blood splattered the walls and the floor of the hut where they died. Aside from the four-year old daughter, another young relative survived the incident. Forced to fight From late 2009 until March 2011, Capion expressed his opposition to the Tampakan project through peaceful means, either by joining anti-mining activities in the lowlands or speaking before his fellow tribesmen about the impact of the mining project on their community. Daguel Capion, leader of the armed Blaan tribesmen resisting the Tampakan project during an interview with MindaNews on October 1. MindaNews photo by Bong S. Sarmiento Capion was highly regarded even by SMI. Before he spoke his mind against the company, he was an SMI employee, serving as community relations officer. He was influential among the tribal members even as SMI did not recognize him as the tribal chieftain of Bong Mal. For SMI, Bong Mals chieftain is Neraldo Dot Capion, his relative who supports the mining firm. His ascent to the post came not by bloodline, which is the customary tradition of the Blaans, but through a vote resembling that of a barangay election. If SMI or its supporters have been telling the outside world that everything is smooth in the mines development site, thats not true, Daguel Capion said on October 1 in the same hut where his wife and two young children were felled by bullets 17 days later. With an armalite and garand rifles beside him, he told MindaNews that their armed struggle will continue unless the company abandons its mining project. We would be displaced to places where living would have to be dictated by money, said Capion, his armed followers lingering nearby.

Should mining operations proceed, some 4,000 people will be displaced from the mines development site, most of them Blaan tribal members, and transferred to relocation sites which many are rejecting since staying there would mean exposure to and living in a world alien to their way of life, Lawin Macundon, a Blaan tribal elder, said through an interpreter. Capion pointed out: Here we can go hunting for wild deer and pigs, and frogs as well, for our food. Capion earlier said he left SMI after realizing that the stake of the tribal people and the environment is far greater than what the mining firm is offering them, such as jobs. The local Catholic Church, while supporting his activism, would later disapprove of his resorting to violence. Before he took up arms, Capion was a regular presence in anti-mining activities spearheaded by religious groups. To the local military, he was simply an extortionist who took up guns after he failed to get what he wanted from the company. Capion began opposing the Tampakan project about three years ago because, according to him, the mining company had become aggressive and was allegedly no longer seeking the tribal peoples consent in opening up access roads for drilling activities, resulting in the desecration of their ancestors burial grounds. He said he felt that their rights were being trampled upon by the mining company, which later would deny the allegation and would promise to look into the complaint. In 2011, Capion took up arms and led a band that ambushed and killed three workers of a construction company hired by SMI for a road project. He admitted the ambush and this is the reason why he is being hunted by the military. This transition from peaceful protest to violent activism would change the landscape of Bong Mal from a quiet farming community to a place of death and violence. Last June, a security consultant of SMI and a police escort were

killed in the mining tenement. The incident happened just three days after a security guard was shot to death last June 17 also in the same village. In a press conference on November 5 in General Santos City, the military also accused Capion of perpetrating the New Years Day 2008 burning of the base camp of SMI in Barangay Tablu in Tampakan town; disarming of nine SMI security guards also in Tablu on December 15, 2011; and the killing of the security guard last June 17. The New Peoples Army (NPA), however, admitted responsibility for the 2008 raid and burning of the base camp. Capion and his band of armed Blaan tribesmen did not leave Bong Mal even as they were the subject of a military manhunt. According to Capion, staying around Bong Mal would prove that he and his followers have not joined or have linked up with the NPA. As a guerilla tactic, Capion, who was joined by his brothers Batas and Kitari, spread themselves in the area in small groups. Although their number could not be ascertained, it is said that a sack of rice would not suffice for a week. The military, during the November 5 press conference, stressed that Capion, the leader of an armed bandit, has more or less five followers. Within the mines development site, the Philippine Army has set up several detachments to maintain peace and order and as buffer to the NPA rebels. Tribal division The mining project has divided the Blaan tribe. Those who support the mining venture points to the economic and social contribution the project will bring or has brought. Our children are going to school because of the mining company, Dalina Samling, tribal chieftain of Danlag, said, referring to the thousands of scholars SMI has sponsored in the elementary, secondary and college levels.

For supporting SMI, the tribal councils each receive an annual financial assistance of P2.7 million from the company as stated in their respective principal agreements. Constancio Paye Jr., Mines and Geosciences Bureau director for Region 12, said the principal agreements allowed SMI to conduct exploration activities even without the Free Prior and Informed Consent (FPIC) of the Blaan tribe because when the Financial or Technical Assistance Agreement (FTAA) was granted, there was no Indigenous Peoples Rights Act yet. Enacted in 1997, the IPRA Law mandates the companies to secure the FPIC of indigenous peoples for mining projects within ancestral domains. The mines development site straddles two Certificate of Ancestral Domain Titles (CADTs) and a Certificate of Ancestral Domain Claim (CADC) in the towns of Tampakan in South Cotabato, Columbio in Sultan Kudarat and Kiblawan in Davao del Sur. Woy Lim P. Wong, National Commission on Indigenous Peoples (NCIP) director for Region 12, recognizes the problems besetting the mines development site of SMI involving tribal communities. While he said his office has been involved in community consultations within the SMI tenement, he appeared hands off in the tribal division confronting Bong Mal, especially on the war waged by Capion against the mining company. In due time, we will establish an indigenous political structure in the area, Wong said, believing this could help solve the tribal divide. But getting the support of the tribe members who are against the mining firm is another story since they have developed distrust of the NCIP, for seemingly siding with SMI. While it is true the NCIP has been involved in consultations, Capion insisted they were done only through the tribal council and did not involve the general tribal community stakeholders.

In fact, the NCIP is partly to blame for the violence at the mines development site for its failure to conduct a genuine consultation with the affected tribal community stakeholders, he said in a subsequent telephone interview. For now, the company may be relieved of its security nightmare after Capion, in this phone interview last October 25, gave an assurance that he would not retaliate or avenge the death of his wife and the children. He, however, asked that justice be given the fatalities by prosecuting the soldiers involved in the operation through court proceedings. He also assured that his brothers Kitari and Batas wont do anything violent as they follow Capions wisdom. Capion, however, said he could not assure what the other groups may do hereafter. Still the same poor tribal communities Did the annual financial assistance ensured by the principal agreements improve the lives of communities or the tribal communities in Bong Mal? A tour of the area would show one tangible result: a public elementary school. Elsewhere, residents say there were no visible developments from SMIs annual financial assistance like common function halls, health centers and sports facilities that were built using concrete or solid materials. The Datal Biao Elementary School in Barangay Danlag in Tampakan, South Cotabato, the lone public school in the mines development site of Sagittarius Mines, Inc. MindaNews photo by Bong S. Sarmiento To be sure, roads have been improved to allow residents to transport their agricultural crops to the lowlands, but this has been maintained by the company because they need to move around the mountains especially at the height of its exploration activities. Also, there are cellular phone communication signals in the mines development site due to SMI. On top of the yearly financial assistance to the tribal councils, SMI also extends cash aid to

the host barangays and municipal governments. In a chance interview in September 2012 in Bong Mal, Alfonso Malayon, a member of the Barangay Danlag village council, said communities in Bong Mal have remained poor despite the companys cash assistance. Not much has improved here in the communities since the entry of the mining company, he said. SMI has spent P367 million for various corporate social involvement programs including community fund assistance to the host barangays and tribal communities in the past four years alone. The company did not provide the total or estimated amount of financial assistance years before 2007, when Australian firm Indophil Resources NL was at the helm. Indophil poured Au$27 million when the project was resurrected in 2003 for exploration activities, until Xstrata Copper took over in 2007, and part of that amount went to the annual financial assistance to the tribal councils and host villages and municipalities. Each of the five tribal councils receives P2.7 million annual financial assistance from SMI since Xstrata Copper entered the picture in 2007. Before this, each was getting reportedly P1.5 million annual cash aid. Counting the last 10 years, the amount extended to the five tribal councils have reached P105 million. Days before Capions wife Juvy and her children died, she told MindaNews many of them have not benefited from the companys financial aid to the tribal council although they have tried to ask for help. We requested for livelihood assistance but it never came, maybe because we are against the mining venture. But those who support mining, they have been given, she said. SMI explained that the financial assistance to the tribal councils is administered by a tribal foundation, which approves requests for

livelihood projects. Each tribal council is represented in the foundations board. In downtown Tampakan, the economy does not seem to have perked up as there are no banks and modern buildings as yet. The only semblance of improvement in a town that hosts what is supposed to be massive mineral wealth, are the new municipal hall and a portion of the public market. Vice Mayor Relly Leysa denies reports the town hall was constructed with SMI funding. He said it was constructed from local government funds and a loan. But Leysa acknowledged that SMIs annual cash assistance helped build portions of the towns gymnasium and the new public market building, and for the scholarship of elementary and high school students. Better future Based on its projected economic data once the firm goes on commercial stream, the Tampakan project will shape a better future for the people of southern and southwestern Mindanao. If developed, the Tampakan project would generate significant economic benefits that would stimulate the local, regional and national economies, SMI stated in its community benefits fact sheet. Here are SMIs figures:

billion ($830 million) to local communities and local indigenous groups over the projects life; and Opportunities for approximately 10,000 workers during the peak of the construction phase and direct employment opportunities for approximately 2,000 workers during the operations phase.

The company initially targets to begin commercial production in 2016, but because of setbacks, moved it to 2018. The initial life of the mine was placed at 17 years. Clash of national vs. local laws The Philippines Mining Act of 1995 or Republic Act 9742 does not prohibit open-pit mining method, but the DENR cited the prohibition on open-pit mining imposed by South Cotabato as the reason for rejecting the SMIs ECC application. The issuance of the new mining policy by President Aquino in June 2012 did not explicitly lift the open-pit ban of South Cotabato, although Executive Order (EO) 79 states the need in Section 12 for the Consistency of Local Ordinances with the Constitution and National Laws/ LGU Cooperation. LGUs shall confine themselves only to the imposition of reasonable limitations on mining activities conducted within their respective territorial jurisdictions that are consistent with national laws and regulations, it said. The South Cotabato provincial government, headed by Gov. Arthur Pingoy, Jr., has defied EO 79, stressing that LGUs have the right to protect their environmental territory under the Local Government Code of 1991. We will impose the environment code that bans open pit mining unless revoked by a court. We are not banning mining but only the method, was Pingoys curt reply.

An annual contribution of on average PhP134 billion ($2.8 billion) to Philippine gross domestic product (GDP) each year over the construction and operation phases equivalent to an additional annual increase of 1% to Philippine GDP; Total government revenues (national and local) through a variety of taxes and charges of approximately PhP307 billion ($6.4 billion) over the life of the project; Royalty payments and direct contributions in excess of PhP39.8

Curiously, no case has been filed in any court, not even by SMI, to challenge the open-pit ban of South Cotabato two years since its adoption. What the company did was to elevate its appeal for the rejection of its ECC to the Office of the President. President Aquino, however, gave a hint that he would wait for Congress to craft a new law on mining revenue before acting on the appeal of SMI. Tough balancing act The Tampakan project has become so complicated it requires a tough balancing act to weigh its potential economic windfall on the one hand and, on the other, its adverse impact on the environment and the peoples lives. Security and human rights issues have to be addressed as well given the killings and other acts of violence that hound the mine project, and how the entry of a project that touted to bring development to the area has instead triggered schisms among the indigenous peoples. Is there a way out of the impasse? South Cotabato Vice Governor Elmo Tolosa says there is and that is for SMI to proceed with little or no opposition by using tunneling, instead of the open pit mining method. The company, however, maintains the only viable option is open-pit mining. Lobbying by both pro- and anti-mining groups has become louder more than ever and is expected to intensify in the run-up to the May 2013 election of a new set of provincial officials. While SMI remains hopeful it could get the necessary clearances or support candidates who would lift the ban so the Tampakan project could proceed, the opposition is as avid to stop the proposed open-pit mining project on concerns over the environment and human safety.

The longer it takes for this logjam to be untangled, the more lives may be laid on the line. (This article of Bong S. Sarmiento/MindaNews was produced under the Environmental Investigative Reporting Fellowship project of the International Womens Media Foundation

Decision denying ECC to Tampakan copper-gold project stays By Ed Lingao / PCIJ on June 5 2012 7:01 am GENERAL SANTOS CITY (MindaNews/04 June) Mining firm Sagittarius Mines Inc. suffered another setback when the Environment Management Bureau (EMB) denied its appeal to have an earlier decision overturned, derailing further its target commercial production date. In a decision handed down on May 22, 2012 but only released last week, the EMBs legal department stood pat on its decision to deny the firm the required environmental clearance certificate (ECC) citing the Provincial Environment Code of South Cotabato which bans the open pit mining method. Environment Secretary Ramon Jesus Paje said the ordinance must first be repealed or amended before his office could issue an ECC. The ordinance raises legal issues as the countrys existing mining law is silent on open pit mining method. Republic Act No. 7160 or the 1991 Local Government Code of the Philippines however empowers local government units to impose statutory limitations to protect the environment covered by its territory. In 2010, then South Cotabato governor Daisy Avance-Fuentes signed the ordinance banning open pit mining in the province. Incumbent provincial governor Arthur Pingoy said the provincial board is not inclined to repeal or amend the ordinance. Until it is recalled, the governor said he will implement all its provisions, including denying permits to mining companies that will employ open pit mining method. Last week, SMI invited journalists and stakeholders to a presentation of its sustainability report for 2011.

In a video and PowerPoint presentation, SMI still expressed hope that the EMB will reverse its earlier decision. The denial decision was not made on the merits of our mine EIS, which fully complies with the requirements of the EMBs own ECC process and is backed by a world-class EIA, SMI president Peter Forrestal said in his 80page report. Mines and Geosciences Bureau director Leo L. Jasareno said the companys most available remedy under the law now would be to file an appeal to the Office of the President. SMI has so far avoided bringing the issue to the Supreme Court. Last week, however, SMI general manager for external affairs Mark Williams said the company is considering bringing the matter to court. The Xstrata Plc-controlled SMI owns the Tampakan project reputed to hold Asias biggest untapped deposits of copper and gold. It plans to pour in US$5.9 billion to extract ore deposits that is said to have a mining life of at least 20 years. It will reportedly generate revenues of up to $37 billion during its entire 20-year mine life. According to its original target, SMI plans to go on commercial production in 2016. Strong opposition from the local Catholic Church and environment groups, coupled with its recent legal setbacks, has put SMI operations in jeopardy. (Edwin G. Espejo/MindaNews)

Tampakan copper-gold project gets ECC; SouthCot stands pat on open pit mining ban By Bong S. Sarmiento on February 19 2013 8:46 pm KORONADAL CITY (MindaNews/19 February)Castigating Environment Secretary Ramon Paje for flip-flopping on the agencys decision to now give foreign-backed Sagittarius Mines, Inc. an environmental compliance certificate (ECC), South Cotabato Gov. Arthur Y. Pingoy Jr. said Tuesday the provincial government will not overturn its controversial ban on open pit mining. Previously, the DENR (Department of Environment and Natural Resources) did not approve the ECC of SMI because of our ban on open-pit. Now, the agency has a different stand, Pingoy told MindaNews. Nonetheless, the governor said the provincial government would not back down because of the ECC approval of DENR for SMI, which is controlled by Xstrata Copper, the worlds fourth largest copper producer. The open-pit ban is contained in the environment code of the province that was approved in June 2010. Our environment code is legal, and I am bound to implement that unless nullified by a proper court, Pingoy stressed. Two or three weeks ago, the Sangguniang Panlalawigan also reiterated that the prohibition on open pit mining will remain, after Justice Secretary Leila de Lima threatened to file cases against local government units (LGUs) with ordinances that supposedly counter Republic Act 7942 or the Philippine Mining Act of 1995, Pingoy stressed. Manolo Labor, SMI external communications and media relations superintendent, said they were informed around lunchtime Tuesday that Paje has approved the proposed ECC from DENR.

Our office in Manila received a signed copy from the Environmental Management Bureau, which issues the ECC, Labor, who admitted he still has to read the document, said in a separate phone interview. Labor repeatedly referred to the document as a proposed ECC, claiming that the company has to agree with the government the conditions set therein. Fr. Rey Ondap, head of the Justice and Peace for Integrity of Creation of the Passionist congregation, also slammed the decision of the DENR to issue an ECC to SMI. The ECC issuance is the death certificate to the IPs (indigenous peoples) and the people of Region 11 and 12. This is the bossy action of PNoy (President benigno Aquino III) betraying the future generation of this place, the priest said in a text message. Lawyer Carlos Zarate, second nominee of Bayan Muna partylist, also condemned the issuance of ECC by the DENR to SMI, noting it shows the utter disregard of the Aquino administration to the sentiments and welfare of the people in South Cotabato and other affected areas. That the DENR denied it twice in the past due to the open-pit mining ordinance of South Cotabato is proof that this latest move in total turnaround is a brazen surrender of the Aquino administration to the interest of the foreign, large-scale and destructive mining interests. Matuwid na daan is nothing but to satisfy the greed for profit of this administration and its capitalist sponsors, he said. Zarate, a native of South Cotabato province, noted the ECC is an insult to the letter and spirit of genuine local autonomy and an insult to the people and local officials of South Cotabato. It is also an insult to the memory of the Lumads who died defending their ancestral domain, he said.

In rejecting the application of SMI for an ECC, Paje said in a memorandum dated January 3, 2012: We are returning herewith the application documents with instruction to deny the same, without prejudice to resubmission, until the issues and concern on the use of open-pit mining method shall have been clarified and resolved by the company [SMI] with the provincial government of South Cotabato. The company later appealed his decision but Paje still rejected it. In a press release Tuesday approving the ECC for the $5.9-billion Tampakan project, Paje said the grant of ECC to SMI was subject to certain conditions, and failure to comply may result in the cancellation of the ECC. Paje said an environmental permit was issued to SMI upon the recommendation of the Environmental Management Bureau (EMB), an agency attached to the DENR which reviewed the ECC application. According to Paje, the ECC covers the project located in the towns of Tampakan in South Cotabato, Malungon in Sarangani, Columbio in Sultan Kudarat, and Kiblawan in Davao del Sur. The EMB has reviewed the requirements of the application for the project and has recommended the issuance of the ECC subject to the implementation of certain conditions presented in the Environmental Impact Statement (EIS) in order to protect and mitigate possible adverse impacts of the project on the community health, welfare and the environment, Paje pointed out. The environment chief directed the EMB to strictly monitor SMIs compliance with the conditions stipulated in the ECC to ensure that environmental considerations are incorporated in all phases and aspects of the Tampakan project. SMI should make public the feasibility of the project, ensure that the area does not cover those where mining is prohibited, and ensure

social acceptability through consultation with stakeholders, Paje said. He also clarified that SMI could only proceed with the implementation of the project after submitting all other necessary government permits and clearances to the EMB, particularly those involving indigenous peoples, the agriculture and agrarian reform departments, and local government units. Under the ECC, SMI is directed to conform to the provisions involving toxic and solid wastes of several laws on clean air and water and mining. SMI must observe appropriate practices on vegetative restoration, engineering structure, land use, and soil and water management, as well as ensuring proper stockpiling and disposal of generated waste materials and erosion control, the ECC stated. The mining company is also instructed to protect headwaters, implement an efficient water management system to ensure sustainable use of water, and provide the community with alternative sources of potable water supply, if needed. Citing provisions of the Philippine Mining Act, the DENR directed the SMI to set up a Multipartite Monitoring Team (MMT) and submit an Environmental Protection and Enhancement Program (EPEP) that would integrate a final mine rehabilitation and decommissioning plan for when the project is terminated or completed. This includes the setting up of contingent and trust funds that would address future concerns for mine rehabilitation, wastes and tailings, and final decommissioning. SMI was also told to establish a Mine Environmental Protection and Enhancement Office (MEPEO) that would handle environment-related aspects of the project. The MEPEO is also to monitor the projects actual impacts vis--vis predicted ones. Additionally, the SMI shall submit a Social Development and Management Program (SDMP) to the regional Mines and

Geosciences Bureau (MGB) and implement it in coordination with affected barangays. Meanwhile, the regional offices of the EMB and MGB were directed to coordinate with SMI on conducting an information and education campaign on open-pit mining, which is the technology to be used for the project. The 9,605-hectare Tampakan project is expected to produce an average annual yield of 375,000 metric tons of copper and 360,000 ounces of gold per year. Shocked May Che Capili, of Mindanao Land Foundation said she was shocked by the ECC approval knowing the Environmental Impact Assessment (EIA) have so many loopholes. She said SMI could not even assure to maintain the quality of water [at the mining site] once it starts to operate. They always highlight the jobs that can be created with mining but not the fact that it will displace all farmers when all the waters run dry with that open pit mining. We will be losing the feeders for our rivers, she added. LGUs ignored Juland R. Suazo, public Information officer of environment group Panalipdan Southern Mindanao, said the issuance of the ECC has violated the right of LGUs to decide on projects within their jurisdiction. It was also clear to us that the local government of Koronadal categorically denied the application of SMI due to the Provincial Environmental Code which bans open pit mining. Such policy stands, Suazo said. He added the Aquino government just wanted to please SMI, and ignored the legitimate concerns of affected communities and the human rights abuses against the Blaan tribe. Suazo warned Malacanang might also reverse the moratoriums declared by LGUs on 10

mining companies in Capiz, Guimaras, Romblon, Negros Occidental, Mindoro Occidental, Mindoro Oriental, Marinduque, Western Samar, Northern Samar and Batangas. These mining moratoriums are hard-won victories of struggles waged by ordinary rural folk and local government officials, he added. Brainless decision This is a brainless decision. It seems that President Aquino values the interest of foreign miners more than the lives and safety of our people and the pristine environment in Mindanao. The Aquino governments approval of the project will surely encourage the people to resist more in different ways. This will only add fire to the volatile situation in the miningaffected areas, Clemente Bautista, national coordinator of Kalikasan said in a statement today. With this approval, the government as always will increase the military forces and intensify militarization in the mining-affected areas to dissuade the people in opposing the project. This will definitely result in more violence and increasing human rights violations, he warned. He cited the death last October 18, 2012 of Juvy Capion, wife of anti-mining tribal leader Daguil, and her two minor sons in what the military claimed was a shootout with Daguils group. Recently a Blaan tribal warrior was also killed in a military operation last month. Several antimining activists were also assassinated because of their opposition to the project, one of which is Eliezer Billanes in March 2009, he added. (Bong Sarmiento with reports from Carolyn O. Arguillas, H. Marcos C. Mordeno and Violeta M. Gloria/MindaNews)

DENR issues ECC for Tampakan project The Department of Environment and Natural Resources (DENR) has issued an environmental compliance certificate (ECC) for the $5.9-billion Tampakan copper-gold project of Sagittarius Mining Inc. (SMI) in Southern Mindanao. DENR Secretary Ramon J. P. Paje, however, said the grant of ECC to SMI was subject to certain conditions, and failure to comply may result in the cancellation of the ECC. Paje said an ECC was issued to SMI upon the recommendation of the Environmental Management Bureau (EMB), an agency attached to the DENR which reviewed the ECC application. According to Paje, the ECC covers the project located in Tampakan, South Cotabato; Malungon, Sarangani; Columbio in Sultan Kudarat; and Kiblawan in Davao del Sur. The EMB has reviewed the requirements of the application for the project and has recommended the issuance of the ECC subject to the implementation of certain conditions presented in the Environmental Impact Statement (EIS) in order to protect and mitigate possible adverse impacts of the project on the community health, welfare and the environment, Paje pointed out. The environment chief directed the EMB to strictly monitor SMIs compliance with the conditions stipulated in the ECC to ensure that environmental considerations are incorporated in all phases and aspects of the Tampakan project. SMI should make public the feasibility of the project, ensure that the area does not cover those where mining is prohibited, and ensure social acceptability through consultation with stakeholders, Paje said. He also clarified that SMI could only proceed with the implementation of the project after submitting all other necessary government

permits and clearances to the EMB, particularly those involving indigenous peoples, the agriculture and agrarian reform departments, and local government units. Under the ECC, SMI is directed to conform to the provisions involving toxic and solid wastes of several laws on clean air and water and mining. SMI must observe appropriate practices on vegetative restoration, engineering structure, land use, and soil and water management, as well as ensuring proper stockpiling and disposal of generated waste materials and erosion control, the ECC stated. The mining company is also instructed to protect headwaters, implement an efficient water management system to ensure sustainable use of water, and provide the community with alternative sources of potable water supply, if needed. Citing provisions of the Philippine Mining Act, the DENR directed the SMI to set up a Multipartite Monitoring Team (MMT) and submit an Environmental Protection and Enhancement Program (EPEP) that would integrate a final mine rehabilitation and decommissioning plan for when the project is terminated or completed. This includes the setting up of contingent and trust funds that would address future concerns for mine rehabilitation, wastes and tailings, and final decommissioning. SMI was also told to establish a Mine Environmental Protection and Enhancement Office (MEPEO) that would handle environment-related aspects of the project. The MEPEO is also to monitor the projects actual impacts vis--vis predicted ones. Additionally, the SMI shall also submit a Social Development and Management Program (SDMP) to the regional Mines and Geosciences Bureau (MGB) and implement it in coordination with affected barangays. Meanwhile, the regional offices of the EMB and MGB were directed to coordinate with SMI on conducting an information and education

campaign on open-pit mining, which is the technology to be used for the project. SMI is largely owned by Xstrata Copper, the worlds fourth largest copper producer. The 9,605-hectare Tampakan project is expected to produce an average annual yield of 375,000 metric tons of copper and 360,000 ounces of gold per year. #

Tampakan mines is world's most dangerous, expert says THE Tampakan Copper Gold Project operated by the Sagittarius Mines Inc. in the triboundaries of South Cotabato, Davao del Sur and Sarangani is said to be one of the most dangerous mining projects in the world, according to an expert who made a study on the mining project few years ago. Clive Montgomery Wicks, conservation and development consultant specializing in the impact of extractive industries, said the Tampakan mining project is estimated to produce 2.7 billion tons of mine wastes. He said the plan was to place the mine wastes on top of the mountain above the open pit mine site. If this is materialized, he said, the mine wastes will be stacked up to 300 meters high and will cover about 500 hectares. Wicks said considering that the mining area is located just ten kilometers away from Mount Matutum, which is an active volcano, seismic activities within the mining area is high and thus the possibility of all the mine wastes going down to the populated area and down into the water sources is extremely possible. He said the drilling of about 800 meters around the area of Mt. Matutum would also result to "induced seismic activity." He said despite the assurance by the mining corporation that their mine tailings dam will be strong enough, constant seismic activity would eventually destroy the dam and its toxic wastes would cover a very large farming area down the mountain. In a statement, SMI corporate communications and media relations manager John Arnaldo dismissed Wicks's doomsday scenario. He said they have complied with all the necessary measures to prevent such a disaster from happening. "We have completed our Environmental Impact Assessment (EIA) studies in accordance with relevant local and international standards.

These robust, evidence-based studies involved both Filipino and international experts and have taken a number of years to complete as part of our integrated mine planning process. The EIA identified the proposed measures to mitigate and manage the potential environmental and social risks," Arnaldo said. "The EIS and ESIA document the project risks and SMIs commitments to mitigate these risks. We are confident all risks can be mitigated," he added. As to the project's proximity to the active volcano, Arnaldo said a site specific hazard assessment was completed as part of the EIS, which included consideration of volcanic hazards. Wicks, meanwhile, urged the Philippine government to involve not just one agency in the issuance of mining permits. He said the agriculture and fisheries agencies must also have their say on allowing mining companies to operate considering that mining has a direct impact on the destruction of crops and aquamarine resources. "We dont think the government has the ability to control what the mining corporations are doing. And we dont think that even if you allowed mining that you are going to make money out of it. What you are making is enormous liability. The impact on food and water is going to be huge," Wicks said. "You have to have an interdepartmental, no one person must decide whether to have a mine or not. There must be involvement of other agencies like the agriculture and fisheries that will also be affected by the mining pollution," he added.

SouthCot board stays firm on open-pit mining ban; critics hit approval of SMIs ECC KORONADAL CITY (MindaNews/20 February) The Sangguniang Panlalawigan of South Cotabato rallied behind the provincial environment code that bans open pit mining method as the local Catholic Church urged the public to intensify the opposition to the Tampakan copper-gold project now that it has obtained an environmental compliance certificate (ECC). The SP of South Cotabato will maintain its stand that the open pit ban provided for in its environment code will remain until a competent court declares it ultra vires (beyond ones legal power or authority), Vice Gov. Elmo Tolosa, the provincial boards presiding officer, told MindaNews Wednesday. Tolosa added that the board was not surprised that the Department of Environment and Natural Resources (DENR) eventually granted the ECC permit of foreign-backed Sagittarius Mines, Inc. (SMI) because they were in favor of the project all along. Asked if the mining firm will seek the endorsement of the provincial board, Tolosa said: The environment code provision will stand in the way of any SP endorsement unless the ban on open pit mining is repealed by the SP itself or declared invalid by a court of law. Environment Secretary Ramon Paje announced Tuesday that the agency has approved SMIs ECC, which is one of the requirements before the firm can go on commercial production. The decision of the DENR, which previously trashed twice the firms ECC application, drew uproars among critics of the Tampakan project. Marbel Bishop Dinualdo Gutierrez also on Wednesday rallied the public to strengthen the opposition against the Tampakan copper-gold project.

Gutierrez assailed President Benigno Simeon Aquino III for the issuance by the DENR of the ECC to SMI, which is controlled by Xstrata Copper, the worlds fourth largest copper producer. PNoy (Aquino) is no longer believable. He had said that Kayo ang Boss Ko it turns out now thats just a slogan, the bishop told a local radio station in Ilonggo. Gutierrez pointed out that last year, the dioceses of Marbel, Kidapawan and Digos submitted 106,000 signatures to the Office of the President to persuade Aquino to thrash the Tampakan project. The Tampakan project, which straddles the towns of Tampakan in South Cotabato, Kiblawan in Davao del Sur, and Columbio in Sultan Kudarat, is under the jurisdiction of the three dioceses. If the people are his bosses, Aquino should heed that petition, Gutierrez said. The cutting of trees in 4,000 hectares, the mining project lying in four major earthquake faults, the dislocation of the indigenous peoples and the disposal of mining wastes were the major reasons the religious leader cited in urging the people to continue opposing the Tampakan project. Gutierrez also stressed that South Cotabato has an existing ordinance that bans open-pit mining, the method SMI will use in extracting the vast deposits. Lawyer Mario Maderazo, advocacy and legal officer of the Philippine-Misereor Partnership, Inc., warned that the ECC issuance to SMI would be the start of the portent of things to come. This clearance is the beginning of wanton environmental destruction and human rights violations in Tampakan, he said in a statement. Maderazo cited the disasters in Padcal and Semirara, which have both been given ECCs.

Philex Mining Corp. was fined a billion pesos recently for polluting the Balog Creek in Benguet and the Agno River in Pangasinan August last year, while five workers of Semirara Mining Corp. in Antique were recently killed and another five remained missing after a portion of its open-pit mine collapsed. In our view, the project in Tampakan is even more dangerous than those two sites. First, even before the operations begin, human rights violations are already rampant in the area highlighted by a massacre of a mother and her two children October last year, Maderazo said. As of 1:25 p.m. Wednesday, SMI has yet to issue a written media statement on its ECC approval. In the past, the mining firm said it will employ responsible mining practices to minimize the impact of the project to the environment. (Bong S. Sarmiento / MindaNews)

Tampakan copper-gold project gets ECC; SouthCot stands pat on open pit mining ban By Bong S. Sarmiento on February 19 2013 8:46 pm KORONADAL CITY (MindaNews/19 February)Castigating Environment Secretary Ramon Paje for flip-flopping on the agencys decision to now give foreign-backed Sagittarius Mines, Inc. an environmental compliance certificate (ECC), South Cotabato Gov. Arthur Y. Pingoy Jr. said Tuesday the provincial government will not overturn its controversial ban on open pit mining. Previously, the DENR (Department of Environment and Natural Resources) did not approve the ECC of SMI because of our ban on open-pit. Now, the agency has a different stand, Pingoy told MindaNews. Nonetheless, the governor said the provincial government would not back down because of the ECC approval of DENR for SMI, which is controlled by Xstrata Copper, the worlds fourth largest copper producer. The open-pit ban is contained in the environment code of the province that was approved in June 2010. Our environment code is legal, and I am bound to implement that unless nullified by a proper court, Pingoy stressed. Two or three weeks ago, the Sangguniang Panlalawigan also reiterated that the prohibition on open pit mining will remain, after Justice Secretary Leila de Lima threatened to file cases against local government units (LGUs) with ordinances that supposedly counter Republic Act 7942 or the Philippine Mining Act of 1995, Pingoy stressed. Manolo Labor, SMI external communications and media relations superintendent, said they

were informed around lunchtime Tuesday that Paje has approved the proposed ECC from DENR. Our office in Manila received a signed copy from the Environmental Management Bureau, which issues the ECC, Labor, who admitted he still has to read the document, said in a separate phone interview. Labor repeatedly referred to the document as a proposed ECC, claiming that the company has to agree with the government the conditions set therein. Fr. Rey Ondap, head of the Justice and Peace for Integrity of Creation of the Passionist congregation, also slammed the decision of the DENR to issue an ECC to SMI. The ECC issuance is the death certificate to the IPs (indigenous peoples) and the people of Region 11 and 12. This is the bossy action of PNoy (President benigno Aquino III) betraying the future generation of this place, the priest said in a text message. Lawyer Carlos Zarate, second nominee of Bayan Muna partylist, also condemned the issuance of ECC by the DENR to SMI, noting it shows the utter disregard of the Aquino administration to the sentiments and welfare of the people in South Cotabato and other affected areas. That the DENR denied it twice in the past due to the open-pit mining ordinance of South Cotabato is proof that this latest move in total turnaround is a brazen surrender of the Aquino administration to the interest of the foreign, large-scale and destructive mining interests. Matuwid na daan is nothing but to satisfy the greed for profit of this administration and its capitalist sponsors, he said. Zarate, a native of South Cotabato province, noted the ECC is an insult to the letter and spirit of genuine local autonomy and an insult

to the people and local officials of South Cotabato. It is also an insult to the memory of the Lumads who died defending their ancestral domain, he said. In rejecting the application of SMI for an ECC, Paje said in a memorandum dated January 3, 2012: We are returning herewith the application documents with instruction to deny the same, without prejudice to resubmission, until the issues and concern on the use of open-pit mining method shall have been clarified and resolved by the company [SMI] with the provincial government of South Cotabato. The company later appealed his decision but Paje still rejected it. In a press release Tuesday approving the ECC for the $5.9-billion Tampakan project, Paje said the grant of ECC to SMI was subject to certain conditions, and failure to comply may result in the cancellation of the ECC. Paje said an environmental permit was issued to SMI upon the recommendation of the Environmental Management Bureau (EMB), an agency attached to the DENR which reviewed the ECC application. According to Paje, the ECC covers the project located in the towns of Tampakan in South Cotabato, Malungon in Sarangani, Columbio in Sultan Kudarat, and Kiblawan in Davao del Sur. The EMB has reviewed the requirements of the application for the project and has recommended the issuance of the ECC subject to the implementation of certain conditions presented in the Environmental Impact Statement (EIS) in order to protect and mitigate possible adverse impacts of the project on the community health, welfare and the environment, Paje pointed out.

The environment chief directed the EMB to strictly monitor SMIs compliance with the conditions stipulated in the ECC to ensure that environmental considerations are incorporated in all phases and aspects of the Tampakan project. SMI should make public the feasibility of the project, ensure that the area does not cover those where mining is prohibited, and ensure social acceptability through consultation with stakeholders, Paje said. He also clarified that SMI could only proceed with the implementation of the project after submitting all other necessary government permits and clearances to the EMB, particularly those involving indigenous peoples, the agriculture and agrarian reform departments, and local government units. Under the ECC, SMI is directed to conform to the provisions involving toxic and solid wastes of several laws on clean air and water and mining. SMI must observe appropriate practices on vegetative restoration, engineering structure, land use, and soil and water management, as well as ensuring proper stockpiling and disposal of generated waste materials and erosion control, the ECC stated. The mining company is also instructed to protect headwaters, implement an efficient water management system to ensure sustainable use of water, and provide the community with alternative sources of potable water supply, if needed. Citing provisions of the Philippine Mining Act, the DENR directed the SMI to set up a Multipartite Monitoring Team (MMT) and submit an Environmental Protection and Enhancement Program (EPEP) that would integrate a final mine rehabilitation and decommissioning plan for when the project is terminated or completed. This includes the setting up of contingent and trust funds that

would address future concerns for mine rehabilitation, wastes and tailings, and final decommissioning. SMI was also told to establish a Mine Environmental Protection and Enhancement Office (MEPEO) that would handle environment-related aspects of the project. The MEPEO is also to monitor the projects actual impacts vis--vis predicted ones. Additionally, the SMI shall submit a Social Development and Management Program (SDMP) to the regional Mines and Geosciences Bureau (MGB) and implement it in coordination with affected barangays. Meanwhile, the regional offices of the EMB and MGB were directed to coordinate with SMI on conducting an information and education campaign on open-pit mining, which is the technology to be used for the project. The 9,605-hectare Tampakan project is expected to produce an average annual yield of 375,000 metric tons of copper and 360,000 ounces of gold per year. Shocked May Che Capili, of Mindanao Land Foundation said she was shocked by the ECC approval knowing the Environmental Impact Assessment (EIA) have so many loopholes. She said SMI could not even assure to maintain the quality of water [at the mining site] once it starts to operate. They always highlight the jobs that can be created with mining but not the fact that it will displace all farmers when all the waters run dry with that open pit mining. We will be losing the feeders for our rivers, she added. LGUs ignored Juland R. Suazo, public Information officer of environment group Panalipdan Southern

Mindanao, said the issuance of the ECC has violated the right of LGUs to decide on projects within their jurisdiction. It was also clear to us that the local government of Koronadal categorically denied the application of SMI due to the Provincial Environmental Code which bans open pit mining. Such policy stands, Suazo said. He added the Aquino government just wanted to please SMI, and ignored the legitimate concerns of affected communities and the human rights abuses against the Blaan tribe. Suazo warned Malacanang might also reverse the moratoriums declared by LGUs on 10 mining companies in Capiz, Guimaras, Romblon, Negros Occidental, Mindoro Occidental, Mindoro Oriental, Marinduque, Western Samar, Northern Samar and Batangas. These mining moratoriums are hard-won victories of struggles waged by ordinary rural folk and local government officials, he added. Brainless decision This is a brainless decision. It seems that President Aquino values the interest of foreign miners more than the lives and safety of our people and the pristine environment in Mindanao. The Aquino governments approval of the project will surely encourage the people to resist more in different ways. This will only add fire to the volatile situation in the miningaffected areas, Clemente Bautista, national coordinator of Kalikasan said in a statement today. With this approval, the government as always will increase the military forces and intensify militarization in the mining-affected areas to dissuade the people in opposing the project. This will definitely result in more violence and increasing human rights violations, he warned.

He cited the death last October 18, 2012 of Juvy Capion, wife of anti-mining tribal leader Daguil, and her two minor sons in what the military claimed was a shootout with Daguils group. Recently a Blaan tribal warrior was also killed in a military operation last month. Several antimining activists were also assassinated because of their opposition to the project, one of which is Eliezer Billanes in March 2009, he added. (Bong Sarmiento with reports from Carolyn O. Arguillas, H. Marcos C. Mordeno and Violeta M. Gloria/MindaNews)