CPA warns
of more protest with Supreme Court ruling on the constitutionality
of the Mining Act
The Supreme Court decision has sealed the unresolved issues in
favor of corporate mining in the country in spite of the valid and
legitimate concerns raised by communities, activists, environmentalists
and other groups. This is a big drawback in the struggle against
corporate take over of the peoples’ resources for profit,
rather than the peoples’ economic development.”
This was the declaration of Joan Carling, chairperson of the Cordillera
Peoples Alliance, over the Supreme Court’s reversal of its
earlier stand on the Mining Act of 1995. Earlier, the High Court
declared the Mining Law as unconstitutional as it allows 100 % foreign
ownership and control of mining activities in the country, contrary
to provisions of the Constitution.
According to Carling, the SC’s reversal dangerously opened
the gate for a total control of foreign investors and corporations
not just over people’s mineral resources but to the country’s
whole natural resources as well. This is a mockery of the people’s
control over their patrimony and a clear violation of the rights
of indigenous peoples over their land and resources. The High Court
said that it cannot interfere in the exercise of the presidential
power of control over the exploration, development and utilization
of our natural resources. Since the President is desperate for foreign
investment, it will certainly use this power for the total sell
out of the people’s resources in the guise of solving the
economic crisis.
The reason is economic
The government started to push for a revitalization of the mining
industry as a solution to the raging fiscal crisis that the country
is experiencing.
Carling explains that in this SC decision, it is very clear that
the same reason applies as to why the ruling has been reversed.
“We have said this before that revitalization of the mining
industry in the hands of multinational mining companies with no
public accountability and whose main objective is to rake in super
profits, is a wrong solution to the crisis. As experience has shown,
corporate mining has not lead to economic development. Instead,
it has resulted to more environmental catastrophes, destruction
of sustainable livelihood sources of millions of farmers and massive
accidents and risks to workers and affected communities.”
Carling added that foreign investments has been a major source of
graft and corruption which is a major reason for the financial crisis.
“We have now become hostage to massive foreign investment
for the exploitation of our resources because the government has
messed up our economy and caused the financial crisis to which we
are again made to sacrifice, while graft and corruption remains
unabated. It is highly deplorable that foreign investment is given
premium over the protection of the environment and the peoples’
rights and welfare. As a result, the country will become even more
dependent on foreign investments and dictates, instead of building
our own industries for the needs of the people” Carling added.
Definitely, only foreign investors and its cohorts in government
and local mining companies are the ones rejoicing over the reversal
of the Supreme Court’s earlier decision.
Cordillera as one of the priority areas
Cordillera is one of the mineral-rich areas in the country and
has been hosting corporate mining for a century already. Yet, the
primary beneficiaries are the mining companies who have generated
super-profits, while remaining unaccountable for the numerous disasters
they have caused, and unanswerable to the rehabilitation of mined-out
areas. Instead of addressing these issues, the government will surely
encourage the reactivation of mining applications for Financial
and Technical Assistance Agreements (FTAA) by giant multinational
companies. In the past, The NewMont Mining Company had at least
14 applications covering all Cordillera provinces, with a total
land area of almost 1 million hectares. Other multinational mining
companies with mining applications in the Cordillera include Anglo
American Pty Limited and Oxiana. These companies have questionable
records on environmental protection and accountability to host communities
and to their workers. Any FTTA approval in the Cordillera will surely
lead to more conflicts because it will be met by the people’s
raging protests.
Certainly, the battle will now be on the ground while we shall
continue to seek legal remedies and avenues for the protection of
the peoples patrimony. Mining Companies will face stiff opposition
by indigenous communities who have the inherent right over their
land and resources.
“We shall not allow the destruction of our land by profit-hungry
corporations. We vow to defend our land and assert our collective
rights in all avenues and forms of struggle. This is the time to
be more vigilant and to act in unison to save the future of our
children and the patrimony of the people” concluded Carling.#
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