DENR, act now! Impelement the
SC decision
The Supreme Court's decision declaring as unconstitutional major
provisions of the Mining Act of 1995 (RA 7942) on January 29, 2004
already puts in question the constitutionality of the controversial
law in its entirety. The Cordillera Peoples Alliance commends the
Supreme Court justices for taking the right path in upholding Philippine
sovereignty and national patrimony. It is a victory for our struggle
for indigenous peoples' rights, national sovereignty and justice,
as well as for the people's movement and avocates who have been
calling for the scrapping of RA 7942 for almost a decade.
After the highest judicial body of the land decided, let the rule
of law prevail on the Philippine mining industry. Instead of challenging
the SC ruling by filing a motion for reconsideration, the Department
of Environment and Natural Resources (DENR) should now act accordingly.
President Gloria Macapagal-Arroyo and DENR should immediately revoke
and cancel all approved and pending FTAA's (Financial and Technical
Assistance Agreement), review and cancel all approved and pending
MPSA's (Mineral Production Sharing Agreement) and ExPA's (Exploration
Permit Application) in the context of seriously respecting indigenous
peoples' rights and welfare, environmental protection and genuine
development. The call for moratorium of large-scale mining in the
Cordillera becomes more urgent given the SC decision.
In the Cordillera, the remaining FTAA application of a U.S. mining
company -- Newmont Mining, with a total of 77,549 hectares affecting
Mountain Province, Ifugao, Benguet and Ilocos Sur -- should be thrown
out just as pending MPSA and ExPA applications affecting a total
land area of 433,377 hectares must be reviewed and cancelled. The
CPA also urgently calls for the scrapping of nine more approved
MPSA in Abra and Benguet with a total land area of more than 13,000
hectares.
With this development, the DENR should also finally address urgent
issues and long-standing demands on rehabilitation and compensation
on damages to victims of mining disasters such as the environmental
pollution of the Abra and Agno rivers, landslides in Mankayan, destruction
of the environment and livelihood sources in Tuba, and the rehabilitation
of and turnover of mined-out areas in Itogon, Benguet.
It is high time that the mining giants, namely, Benguet Corporation,
Lepanto Consolidated Mining Company, and Philex Mining Company be
made accountable for the adverse impacts of their commercial mining
operations to the people and the environment and the violation of
the rights and welfare of workers for several decades. The DENR
and mining companies should act now on these urgent issues and stop
their divisive maneuvers and empty rhetoric on responsible and sustainable
mining.
The SC decision is a big blow against President Arroyo after issuing
her Executive Order 270 meant for the unhampered implementation
of the Mining Act. As the decision did not hammer down the full
scrapping of the law, we pursue the campaign to totally scrap this
law and EO 270 as well.
The Mining Act does not lay down the fundamentals of Philippine
economy on national industrialization and progress. Thus, we call
on all concerned groups to work together and push for nationalist
development policies and programs in accordance to our needs as
a people while remaining vigilant in protecting our patrimony and
sovereignty. Further, we pose the challenge to the SC justices to
remain firm on their decision and not to be swayed by pressures
from the mining giants. #
Reference:
Windel Bolinget
Secretary General, Cordillera Peoples Alliance
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