Human Rights Online Philippines

FULL FORCE for SMI-XSTRATA Mines
by Judy A. Pasimio
LILAK (Purple Action for Indigenous Women’s Rights)

It is like watching a full orchestra playing a symphony. An ugly, sinister symphony.

The Office of the President recently issued a decision to the appeal of Sagittarius Mines, Inc. (SMI) (Feb. 4, 2013), finding no grounds for the Department of Environment and Natural Resources (DENR) to deny the mining company the Environmental Compliance Certificate (ECC) for its Tampakan Gold Project. The decision, which was heavily siding with the Xstrata-Indophil owned mining company, basically instructed DENR to just please, issue the ECC.

DENR Secretary Paje twice denied issuing the ECC to SMI, “until the issues and concerns 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.” According to DENR, this “involves a delicate interplay between local autonomy and national policy. . . . the denial of the application was grounded on the issue of the open-pit mining as prohibited by the provincial government.”

Executive Secretary Paquito Ochoa Jr., who signed the Palace decision, however said, that the SMI has fully complied with the requirement of the Environmental Impact Statement (EIS) System, and therefore no grounds for denying. Rebuking Sec. Paje, Ochoa said “ The DENR Secretary, despite the recommendation of the grant of the ECC to SMI, denied the application, not because SMI had failed to comply with the requirements of the EIS System, but merely because of the prohibition of the Provincial Government of South Cotabato against open-pit mining.” (underscore mine)

So basically, Sec. Paje is being scolded for taking cognizance of the will of Provincial Government of South Cotabato, who has stood on the side of the people who would be adversely affected by the large-scale mining operations in the province. Basically, Ochoa, who echoes the will of the President, is saying, “$#@& the provincial government.” Ah, that’s good governance for you.

This OP Decision comes at the heels of the warning issued by the Department of Justice Secretary Leila de Lima to the Provincial Government of South Cotabato (January 30, 2013) that it may face administrative charges for the enactment of its resolution to ban open pit mining in the province. De Lima reiterated her Nov. 2012 legal opinion “supporting the DILG’s plan to initiate administrative cases against local executives who would insist on implementing ordinances prohibiting open pit mining in their respective provinces and towns.” (Phil. Star, 1-31-13)

Then you have the muscle of the government at work. In October last year, the horrible Tampakan Massacre happened. Juvy Capion and her children – Jordan, John and Vicky were shot at while sleeping in their hut in Kiblawan, Davao del Sur. 4-year old Vicky was wounded but managed to escape. This killing happened during a military manhunt for Daguil Capion, the husband of Juvy, and one of the B’laan leaders who have staged armed resistance against the encroachment of SMI to their ancestral domains. In January 29, Kitari, the brother of Daguil was also murdered, along with two other companions. The killing was led by Army Capt. Joel Wayagwag, head of Task Force Kitaco, in an area in Barangay Bong Mal. This borders the three municipalities which are the main sites of the SMI mining operations – Kiblawan, Tampakan and South Cotabato. Task Force KITACO is a special task force created under the Army’s 1002nd Infantry Brigade assigned to oversee and secure areas where SMI-Xstrata’s mining project operates.

So what is this we are witnessing? A concerted action by the government, using its full force to protect the interest of this mining investment; using its full force against the B’laans, the people of the provinces covered by the Columbio Financial Technical Assistance Agreement (FTAA), and the natural resources that the peoples of South Cotabato, Sultan Kudarat and Saranggani are protecting.

What we are witnessing is a discriminatory activation of the full force of the law – Where was the full force of the government when the Capion family was massacred? The military, while insisting that what happened was a legitimate encounter, admitted that there were operational lapses. The killer soldiers were supposed to be tried under a Court Marshall. But no trial, no administrative charges were made, no court has been convened. What is the legal opinion of Secretary de Lima here? Where was the full force of the law when Kitari and his companions were killed? The full force was used against them, and is being used against the B’laan women and children who have fled from their homes in the wake of the increasing number of troops and CAFGUS being deployed in the provinces covered by the SMI-XSTRATA operations.

Pres. Aquino issued Executive Order 79 last year, putting a moratorium in approving new mining applications, and committing to review issued mining permits. Why not put the efforts and resources of the government in the review of this FTAA? The Tampakan project has no Free Prior Informed Consent (FPIC) from the B’laans. The FTAA overlaps with several ancestral domains. This project has been the site of intense conflict and increasing violence over the years. This 99,400-hectare mining concession which was originally awarded to Western Mining Corporation (WMC), then transferred to SMI-Xstrata in 2002, has turned out to be one of the bloodiest mining (dis)agreements issued by the government. Instead, the Malacanang-led Mining Industry Coordinating Council (MICC) created by this EO, is now pushing for a review of the decision of the denial of the ECC. According to Sec. Paje, MICC has endorsed the issuance of the ECC. (BusinessMirror, 2-17-13)

The strong and concerted push by the Aquino government for the SMI-Xstrata mining operations to commence, at this moment, in this context, is indeed a crystal clear message: the rights and lives of the B’laans, the will and autonomy of the Provincial Government of South Cotabato, the peace and order situation in the three provinces covered by the SMI FTAA, the food security of the provinces, and the natural resources to be irreparably damaged by the large scale open pit mining – all these are less valuable to Aquino compared to the promises of the $5.9 Billion dollar mining investment of SMI-Xstrata.

In less than a week from now, Sec. Paje said he has been instructed to make its decision again on the ECC of SMI. Let us see how this tragic symphony plays out, while we brace ourselves for stronger, more determined fight against the deadly presence and influence of SMI-Xstrata in the country.

judy.lilak@gmail.com
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