WATER 7000 ISLANDS MINDORO MINDANAO

1. Philippines Overview • WATER • 7000 • ISLANDS • MINDORO • MINDANAO

2. ESTIMATED 15,000 SPECIES OF PLANTS, 50% ARE ENDEMICS

3. Extent of Forest Cover Loss in the last 100 years Less than 6% of original forests remains Source: Environmental Science for Social Change, 1999

4. Earthquake Potential RING OF FIRE MOUNTAINS + HIGH RAINFALL + LOSS OF FOREST COVER + SESIMIC ACTIVITY + OPEN CAST MINING + INDUCED SESIMIC ACTIVITY CAN = DEATH AND DISTRUCTION

5. Philippine mineral reserves: Gold • Copper • Nickel • Chromite • Iron • Bauxite • Marble • limestone • Mining Threats to Biodiversity • 117 important biodiversity areas. • 18 are threatened by existing mining permits*, • 17 by active TLAs**, and 2 by both. • 82 are potentially threatened by revitalized mining industry. • 3rd in the world for Gold -1Gm= 3-6 Tons waste • 4th in the world for Copper • 5th in the world for Nickel • 6th in the world for Chromite

7. Midsalip Case –Home Of The Subaanan and Endangered Philippines Eagles • 70% of Philipino’s depend upon Agriculture and Fishing for survival • The Midsalip farmland is currently well irrigated on rich volcanic soil with terraced productive rice fields. • The proposal is to destroy, the sacred Mt. Pinukis mountain, through open cast mining and deposit the mine waste, soil & (tailings) in the rice fields. • People have made legal complaint

8. Midsalip Case – Mining Applications • Midsalip 70 - 75% of municipality under application for mining exploration permits by 7companies • It is a microcosm of what is happening in other areas,

9. Midsalip Case - Location The proposed mining sites are the source of tributaries for rivers and creeks for 3 provinces.

10. Philex Mining - Libay • Between Oct 1999 – 2002, mud slides from mine site destroyed rice fields, trees & houses • Mud reached 200 meters out to sea. • People were afraid to buy fish • Mangroves died & coral, fish and shell fish were killed • Mercury levels monitored were 400 times the norm. • The mine was closed because of protests but may be opened again. • Since the mine stopped the mangroves have been replanted and the sea is starting to recover?

11. TVI – Mt Canatuan • US REPORT DATED 6TH DECEMBER 2006 REVEALS WIDESPREAD FAILURE TO KEEP MINES FROM POLLUTING WATER • 76 % OF MINES EXCEEDED WATER QUALITY STANDARDS • 93% OF MINES NEAR GROUND WATER HAVE POTENTIAL FOR ACID DRAINAGE OR CONTAMINENT LEACHING • RECOMMENDS PREVENTION OF CONFLICTS- OF- INTEREST BETWEEN MINERS AND CONSULTANTS

12. Mt Canatuan - TVI Case • DESTRUCTION OF FOREST • AND FARM LAND • NOTICE DEPTH OF SOIL AND AMOUNT BEING EXCAVATED

13. 16 SERIOUS TAILINGS DAMS FAILURES IN PHILIPPINES IN THE PAST 20 YEARS

14. CREW MINE MINDORO The mining site on Mindoro is in the headwaters of Ibulo, Aglubang and Buraboy, tributary rivers to Mag-asawang Tubig

15. SUBMARINE TAILINGS DISPOSAL (OUT OF SIGHT OUT OF MIND) • 4million tons of mine waste will be dumped through submarine tailings disposal annually in Mindoro waters threatening the marine resources!

16. Continuing Risk and Continuing Damage Tapian Pit of Marcopper 1993 collapse of Maguila-guila dam Contaminated Mogpog River 1996 collapse of drainage tunnel released 1.6 million cubic meters of toxic mine tailings in Boac River

17. SILTATION/SEDIMENTATION ALL SEA AREAS INCLUDING CORAL REEFS AND DEEP RIFTS CAN BE DAMAGED BADLY BY MINE POLLUTION

18. Philippines Fish Life • about 4,000 species in the Indo-Pacific region • 2,177 recorded species in the Philippines (Herre,1953) • 1,300 species coral reef and reef-associated species • 225 deep sea species • 75 open sea – pelagic species • 385 estuarine and coastal non-reef associated species • 170 freshwater species

19. Mining consistency with Development Goals? • The World Bank highlights that its ‘successful development will depend very much on improving environmental and social practices which caused substantial problems in the past’. • The lack of adherence to international best practices is blatant in the Philippines and appears to be worsening • DISADVANTAGES • Displacement of long term employment in agriculture and fisheries • Irreparable environmental damage to biodiversity and endemism • Accidents, floods, damaging land and marine resources • Risk of increased/induced seismic activity • Reductions in long term sustainable Agriculture and Tourism Industries • Destabilization of indigenous communities • Militarization and human rights abuses • Unproven macro economic benefits – export led, repatriation of profits, low taxes and high incentives • Potential distortion of exchange rates – Dutch disease • Destabilization of communities, conflicts, health risks, damage to livelihoods • Increased Corruption • Reduction in number of small scale miners • ADVANTAGES • Short term employment • Increased exports and FDI • Potential tax revenue • Benefits for mining companies

20. Recommendations: • All PARTIES • Adhere to the recommendations of the Extractive Industries Report 2004 • GOVERNMENT • Give priority in all planning to protecting the rights to livelihood and subsistence of the poor and marginal and develop in a sustainable manner. • With Draw all Mining Applications In Critical Watercatchments, Important Agriculture or Marine Eco Systems or Areas of Conflict --- No Riverine And Marine Tailings Disposal • 2 Protect Natural Resources for Future Generations - Population 150 Million 2030 • ADOPT a STRATEGIC APPROACH INCLUDING (SEAs) for ISLANDS where mining is proposed • Revoke Mining Act- Mining Sector Review- Enforce National Laws & International Standards • Stop Extrajudical Killings • Halt erosion of IPRA and protections afforded to indigenous peoples such as FPIC. • DENR- Remove Conflict of Interest between Licensing and Enforcement- Let other Ministries • Enforce Laws - EPA- Health

21. Recommendations: • WORLD BANK AND FINANCIAL INSTITUTIONS • The World Bank Group- Finance a Mining Sector Review and SEAs – Mandate- MDGs Adhere to the EIR recommendations and strictly adhere to the IFC safeguards and other internal Bank safeguards and procedures • Investors don’t Invest In Mining until Laws are Respected and Controls are In Place • Get Independent Inspection Before Investment. • Ensure Compliance - National Laws and International Mining Standards • MINING COMPANIES • Withdraw all Mining Plans which will severely damage the Environment or Human Rights • (Crew Withdraw from Mindoro) All Miners Withdraw from Midsalip Etc. • RESPECT ALL LAWS & International obligations and FOLLOW INTERNATIONAL STANDARDS AND BEST PRACTICE including re corruption and in the avoidance of association with paramilitaries and HR abuses • NGOs & GOVERNMENTS • Support expansion of independent monitoring of mining • To improve access to justice for all including if necessary up to the level of international arenas

22. Human Rights: Context • Extrajudicial Killings: since 2001 estimated at over 800 • At least 11 of these associated with mining. • Corruption: Transparency International described the Philippines in 2004 as suffering from ‘rampant corruption’. • According to a 2005 EC report on the Philippines corruption has been ‘traditionally notorious’ w.r.t. mining concessions • Indigenous peoples: Over 10 million in the Philippines • Mostly living in the uplands due to generations of settlers and logging activities encroaching on their lands • Overlap with areas where mineral deposits are located • 16 of 24 Priority Mining projects are on indigenous lands • Mining poses a threat to their survival as peoples

23. Free from Manipulation Free Prior Informed Consent Prior to operations Consent or Rejection based on consensus of all Adequately Informed Indigenous People Rights Act (IPRA) & Free Prior Informed Consent (FPIC) • IPRA enacted in 1997 • It recognizes Indigenous Peoples right to Self-Determination and their rights to Native Title • It requires that no mining permits can be issued without the FPIC of indigenous peoples impacted

24. Systematic undermining of IPRA and the FPIC process: Midsalip & Mindoro • Repeated attempts to engineer consent. Tactics include: • Misrepresentation, • Bribery, • Misinformation • Erosion of IPRA’s protections including FPIC. • Indigenous peoples fear for their livelihoods, food security and their very existence. Mt Pinukus - range of mountains Held sacred by the Subaanen People

25. Example of Effects - Mt Canatuan • Mt Canatuan - ancestral domain of Subanon people and their sacred mountain • Dubious acquisition of land and mineral rights without consent • Created divisions within community and undermined the Subanon traditional structures and practices posing threat to their cultural survival. • Desecrated their sacred mountain. • Evicted people from their homes - 40 Families directly affected. • Damaged livelihoods and caused health impacts.

26. Mt Canatuan - History of Human Rights Violations • Violence and intimidation by security forces resulting in an atmosphere of fear • 169 heavily armed guards financed by TVI • Concerns raised by investigations • Philippines Human Rights Committee, Canadian Parliamentary Committee, Philippines Congress. • Complaints made by Subanon at the UN • UN Special Rapporteur on the Human Rights and Fundamental Freedoms of Indigenous Peoples • ‘Militarization of indigenous areas is a grave human rights problem’

27. Recommendations • The following are a subset of the recommendations pertaining to indigenous peoples Survival of and respect for Indigenous Peoples GOP* & Companies 1) Halt Extra-judicial killings, 2) Eliminate use of paramilitaries 3) Tackle corruption World Bank Adhere to EIR findings and ensure strict adherence to IFC guidelines EU Use good offices to encourage dialogue & adherence to legal protections GOP 1) Halt the erosion of IPRA and FPIC. 2) Support traditional Indigenous structures NGOs and Govt’s 1) Ensure the provision of independent advice 2) Establish a credible independent monitoring body 3) Ensure access to justice *GOP: Government of the Philippines