MINING AGAINST INDIGENOUS PEOPLE RIGHTS IN PHILIPPINE

Mining often leads to direct assault upon the culture of indigenous people. Although on paper Philippine law protects the land rights of indigenous peoples as well or better than many other countries, in reality their land is still under threat, as many mineral deposits are in indigenous territory and the pressure to allow mining is great. The on-going revitalization of the mining industry in Philippines has created a major threat against indigenous people rights for self-determination, as well as to the protected areas, which are largely within the ancestral domains. Numerous cases of human rights abuses, social disorganizations, destruction of property as well as heightened tensions in community life have been documented in the past months alone, less than a year after the approval of the National Minerals Action Plan and the Supreme Court reversal on the constitutionality of foreign ownership in mining operations. The aggressive stance of government and the mining industry appear to be on target.

While the character of mining-affected communities cuts across the sectors in the rural areas, the Indigenous people communities are poised to bear the brunt of this development aggression.The vulnerability of indigenous people communities are heightened when the government bureaucracy is ready and willing to partner with mining industry to push for the extraction of these minerals, event at the cost of social displacement and environmental loss. Recently, the Chatholic Bishop's Conference of the Philippines has reiterated their call against large-scale mining, through the issuance of patoral statetment, last Jan.29.2006.

" Mining operations leave nothing but lethal wastes that effect the people's health and livelihood, mine tailings that spill into lakes and rivers cause massive fish kill and the death of water sources, most appalling of all, our experience has shown that mining leads to the forcible evacuation of thousands of indigenous peoples and peasant families, or even worse, the death of many. Many lives continue to be threatened because of the continuing influx of more mining applications and the continuing operation of many mining companies. The struggle to liberate our country and people from the deadly fangs of foreign plunder becomes more challenging in the face of the threats posed by the proposed Charter change which guarantees foreign invesments a 100-percent unrestricted exploitation of our patrimonial wealt." said Roderick Carpio, in his letters to editor in Philippine Daily Inquirer recently.

According to the Philippines Mining Code was passed in March 1995, it was proposed in the senate by Gloria Macapagal-Arroyo, now the Philippine President, the Code sought to attract increased foreign investment by allowing greater foreign ownership, repatriation of profits and tax breaks for international mining companies. In 1993 Pan Asian Mining Congress, the Philippines government invited foreign companies to attend and take part in the drafting process at a workshop. Some of the provisions of the Mining Code are;

- 100 per cent foreign ownership of mining projects is now allowed (previously foreign companies were restricted to a maximum 40 per cent).
- A foreign company can lay claim to an area of up to 81,000 hectares onshore or 324,000 hectares offshore. Philippines- based companies are by contrast restricted to 8,000 hectares in one province and 16,000 hectares within the country.
- Companies can repatriate all profits, equipment and invesment.
- Companies are guaranteed against expropriation by the state.
- Excise duities have been cut from five per cent to two per cent, and tax holidays and deferred payment are allowed until all costs are recovered.
- Losses can be carried forward against income tax.
The government commits itself to ensuring the removal of all 'obstacles' to mining,including settlements and farms.
- Companies are promised priority access to water resources within their concession.
- Companies are given the right to sell gold directly onto the international market without intervention from the Central Bank.
- Mining leases last 25 years with an option of 25-year extension.