Philippines Overview WATER 7000 ISLANDS MINDORO MINDANAO

Philippines Overview WATER 7000 ISLANDS MINDORO MINDANAO

ESTIMATED 15, 000 SPECIES OF PLANTS, 50% ARE ENDEMICS

Extent of Forest Cover Loss in the last 100 years Less than 6% of original forests remains Source: Environmental Science for Social Change, 1999

Earthquake Potential RING OF FIRE MOUNTAINS + HIGH RAINFALL + LOSS OF FOREST COVER + SESIMIC ACTIVITY + OPEN CAST MINING + INDUCED SESIMIC ACTIVITY CAN = DEATH AND DISTRUCTION

Philippine mineral reserves: • Mining Threats to Biodiversity Gold -Copper -Nickel -Chromite -Iron -Bauxite -Marble -limestone • 117 important biodiversity areas. 3 rd in the world for Gold -1 Gm= 3 -6 Tons waste 4 th in the world for Copper 5 th in the world for Nickel 6 th in the world for Chromite • 18 are threatened by existing mining permits*, • 17 by active TLAs**, and 2 by both. • 82 are potentially threatened by revitalized mining industry.

Midsalip Case –Home Of The Subaanan and Endangered P • • 70% of Philipino’s depend upon Agriculture and Fishing for survival The Midsalip farmland is currently well irrigated on rich volcanic soil with terraced productive rice fields. The proposal is to destroy, the sacred Mt. Pinukis mountain, through open cast mining and deposit the mine waste, soil & (tailings) in the rice fields. People have made legal complaint

Midsalip Case – Mining Applications • Midsalip 70 - 75% of municipality under application for mining exploration permits by 7 companies • It is a microcosm of what is happening in other areas,

Midsalip Case - Location The proposed mining sites are the source of tributaries for rivers and creeks for 3 provinces.

Philex Mining - Libay • • Between Oct 1999 – 2002, mud slides from mine site destroyed rice fields, trees & houses Mud reached 200 meters out to sea. People were afraid to buy fish Mangroves died & coral, fish and shell fish were killed Mercury levels monitored were 400 times the norm. The mine was closed because of protests but may be opened again. Since the mine stopped the mangroves have been replanted and the sea is starting to recover?

TVI – Mt Canatuan • • US REPORT DATED 6 TH DECEMBER 2006 REVEALS WIDESPREAD FAILURE TO KEEP MINES FROM POLLUTING WATER 76 % OF MINES EXCEEDED WATER QUALITY STANDARDS 93% OF MINES NEAR GROUND WATER HAVE POTENTIAL FOR ACID DRAINAGE OR CONTAMINENT LEACHING RECOMMENDS PREVENTION OF CONFLICTS- OF- INTEREST BETWEEN MINERS AND CONSULTANTS

Mt Canatuan - TVI Case • • DESTRUCTION OF FOREST AND FARM LAND • NOTICE DEPTH OF SOIL AND AMOUNT BEING EXCAVATED

16 SERIOUS TAILINGS DAMS FAILURES IN PHILIPPINES IN THE PAST 20 YEARS

CREW MINE MINDORO The mining site on Mindoro is in the headwaters of Ibulo, Aglubang and Buraboy, tributary rivers to Mag-asawang Tubig

SUBMARINE TAILINGS DISPOSAL (OUT OF SIGHT OUT OF MIND) 4 million tons of mine waste will be dumped through submarine tailings disposal annually in Mindoro waters threatening the marine resources! •

Continuing Risk and Continuing Damage Tapian Pit of Marcopper 1993 collapse of Maguila-guila dam Contaminated Mogpog River 1996 collapse of drainage tunnel released 1. 6 million cubic meters of toxic mine tailings in Boac River

SILTATION/SEDIMENTATION ALL SEA AREAS INCLUDING CORAL REEFS AND DEEP RIFTS CAN BE DAMAGED BADLY BY MINE POLLUTION

Philippines Fish Life • about 4, 000 species in the Indo-Pacific region • 2, 177 recorded species in the Philippines (Herre, 1953) • 1, 300 species coral reef and reef-associated species • 225 deep sea species • 75 open sea – pelagic species • 385 estuarine and coastal non-reef associated species • 170 freshwater species

Mining consistency with Development Goals? • • The World Bank highlights that its ‘successful development will depend very much on improving environmental and social practices which caused substantial problems in the past’. DIS AD VA • D NTA ispl GE ace agr S icul men ture t of • Irr lon ep a biod arable nd fish g term erie iver em e • A s ploy sity nviro The lack of adherence to international best practices ccid and nme me nt in ma ents end ntal is blatant in the Philippines and appears to be , flo rine dam em o • R res ism age worsening isk our ds, da to of in ces ma • R ging cre edu ase land Agr ction d/in and s in icul duc t • D ed esta ure an long te AD seis VA d. T biliz mic • M NTA our rm sus atio act ilita • S ism tain GE n o hor riza • U Ind able ivity S t te f ind tion np • In rm igen ustrie and cre em exp roven s ous ase hum ploy o • P de com an me and rt led macro ote xp righ n mu ntia e high , rep • B nitie ts a • P l tax orts an t atri conom ene ince ote bus s atio d. F rev ic b fits ntiv es DI enu Dut ntial d for es n of p enefi e ch d isto min rofi • D ts, l ts – ing esta isease rtion o ow com f ex taxe hea biliz pan cha s lth r ation ies nge • In isks of c rate cre , da ase s– ma ommu • R d. C ge nitie edu orru to li ctio ptio veli s, con n in hoo n f num ds licts, ber of s ma ll sc ale min ers

Recommendations: All PARTIES 1. Adhere to the recommendations of the Extractive Industries Report 2004 GOVERNMENT 1 Give priority in all planning to protecting the rights to livelihood and subsistence of the poor and marginal and develop in a sustainable manner. 2 With Draw all Mining Applications In Critical Watercatchments, Important Agriculture or Marine Eco Systems or Areas of Conflict --- No Riverine And Marine Tailings Disposal 2 Protect Natural Resources for Future Generations - Population 150 Million 2030 ADOPT a STRATEGIC APPROACH INCLUDING (SEAs) for ISLANDS where mining is proposed 3 Revoke Mining Act- Mining Sector Review- Enforce National Laws & International Standards 4 Stop Extrajudical Killings 5 Halt erosion of IPRA and protections afforded to indigenous peoples such as FPIC. 6 DENR- Remove Conflict of Interest between Licensing and Enforcement- Let other Ministries Enforce Laws - EPA- Health

Recommendations: WORLD BANK AND FINANCIAL INSTITUTIONS 1. The World Bank Group- Finance a Mining Sector Review and SEAs – Mandate- MDGs Adhere to the EIR recommendations and strictly adhere to the IFC safeguards and other internal Bank safeguards and procedures 1. Investors don’t Invest In Mining until Laws are Respected and Controls are In Place • • Get Independent Inspection Before Investment. Ensure Compliance - National Laws and International Mining Standards MINING COMPANIES 1. Withdraw all Mining Plans which will severely damage the Environment or Human Rights (Crew Withdraw from Mindoro) All Miners Withdraw from Midsalip Etc. 2 RESPECT ALL LAWS & International obligations and FOLLOW INTERNATIONAL STANDARDS AND BEST PRACTICE including re corruption and in the avoidance of association with paramilitaries and HR abuses 3 NGOs & GOVERNMENTS 1 Support expansion of independent monitoring of mining 2 To improve access to justice for all including if necessary up to the level of international arenas

Human Rights: Context • Extrajudicial Killings: since 2001 estimated at over 800 – At least 11 of these associated with mining. • Corruption: Transparency International described the Philippines in 2004 as suffering from ‘rampant corruption’. – According to a 2005 EC report on the Philippines corruption has been ‘traditionally notorious’ w. r. t. mining concessions • Indigenous peoples: Over 10 million in the Philippines – Mostly living in the uplands due to generations of settlers and logging activities encroaching on their lands – Overlap with areas where mineral deposits are located • 16 of 24 Priority Mining projects are on indigenous lands – Mining poses a threat to their survival as peoples

Indigenous People Rights Act (IPRA) & Free Prior Informed Consent (FPIC) • IPRA enacted in 1997 Free from Manipulation • It recognizes Indigenous Peoples right to Self. Determination and their rights to Native Title • It requires that no mining permits can be issued without the FPIC of indigenous peoples impacted Consent or Rejection based on consensus of all Free Prior Informed Consent Adequately Informed Prior to operations

Systematic undermining of IPRA and the FPIC process: Midsalip & Mindoro • Repeated attempts to engineer consent. Tactics include: – Misrepresentation, – Bribery, – Misinformation • Erosion of IPRA’s protections including FPIC. • Indigenous peoples fear for their livelihoods, food security and their very existence. Mt Pinukus - range of mountains Held sacred by the Subaanen People

Example of Effects - Mt Canatuan • Mt Canatuan - ancestral domain of Subanon people and their sacred mountain – Dubious acquisition of land mineral rights without consent • Created divisions within community and undermined the Subanon traditional structures and practices posing threat to their cultural survival. – Desecrated their sacred mountain. – Evicted people from their homes - 40 Families directly affected. – Damaged livelihoods and caused health impacts.

Mt Canatuan - History of Human Rights Violations • Violence and intimidation by security forces resulting in an atmosphere of fear • 169 heavily armed guards financed by TVI – Concerns raised by investigations • Philippines Human Rights Committee, Canadian Parliamentary Committee, Philippines Congress. – Complaints made by Subanon at the UN – UN Special Rapporteur on the Human Rights and Fundamental Freedoms of Indigenous Peoples • ‘Militarization of indigenous areas is a grave human rights problem’

Recommendations • The following are a subset of the recommendations pertaining to indigenous peoples GOP* & Companies 1) Halt Extra-judicial killings, 2) Eliminate use of paramilitaries 3) Tackle corruption Survival of and respect for Indigenous Peoples GOP 1) Halt the erosion of IPRA and FPIC. 2) Support traditional Indigenous structures *GOP: Government of the Philippines NGOs and Govt’s 1) Ensure the provision of independent advice 2) Establish a credible independent monitoring body 3) Ensure access to justice World Bank Adhere to EIR findings and ensure strict adherence to IFC EU guidelines Use good offices to encourage dialogue & adherence to legal protections