PH Mining Act flawed, say

ENVIRONMENT groups in Davao City said the Philippine Mining Act of 1995 is "flawed".

Romeo T. Cabarde, Jr. of the University Community Engagement and Advocacy of the Ateneo de Davao University (UceacAddu) bared this during yesterday's Habi at Kape at the Abreeza Ayala Malls.

It's like announcing that we are very much open to be mined, that the foreign companies can mine us except here and there which is wrong. Instead, we should have a framework that says the Philippines is close to mining because it is archipelagic except here and there where mining is possible," Cabarde said.

He added laws governing the tax regime and the revenues acquired from mining are also questionable.

With the P20 billion investments that the mining companies shell out, he said majority of these end up to the foreign consultants, purchase of mining equipment, and processing of minerals.

"Only two percent of the excise taxes are given back to the government while there is only a one percent royalty rate," he said.

Our River Our Life country coordinator Roldan Gonzales said 60 percent of the mining revenue should be to the people.

The group, however, is also pushing for the passage of the Alternative Minerals Management Bill and the People’s Mining Bill.

Gabriela Women's Party's Bai Ali Indayla, for her part, said the proposed People's Mining Bill specifies where the designated mining areas are and how it should be mined.

Indayla clarified that the Philippines need the mined minerals from the country's resources but these should not be at the expense of the people and the environment.

"People's Mining Bill clearly states, mining operations in the country, should promote the welfare of the masses. The gains from the mining should directly be remitted to the government and distributed to the Filipinos through social services," Indayla said.

Indayla then said the country should strengthen the industry because Philippines is rich in minerals and has resources to develop it and not just export all the gold and nickel that were mined from the lands.

Gonzales also said the Alternative Minerals Management Bill basically allows mining depending on what only the country needs.

"Alternative Minerals Management Bill strengthens the support for noble zones including prohibition of mining operations in watershed areas, historical sites, sacred places of Lumads, and prime agricultural lands among others," he said.

Joey Ayala, an artist and a representative of Bagong Lumad, also said one should look into the law and question what is not applicable in order for it to be amended.

"If it is within the bounds of law to do things that are not just, then we need to look at the law again. We cannot assume that our law is right just because it's the law. The process of making laws is subject to a lot of cheating, their vested interest," Ayala said.