January 2012


eastwind journals14 Jan 2012 12:39 am

eastwind journals 17 – SMI’s ECC IN TAMPAKAN DENIED

eastwind journals 16
 
eastwind journals are the personal journalistic writings of Bernie Lopez, and are not part of the healing ministry. Any views or comments are his own and does not reflect those of the ministry.
 
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BREAKING NEWS – SMI’s ECC IN TAMPAKAN DENIED
Replies to SMI’s PR Blitz
 
DENR Sec. Paje has recently released the denial of the ECC (Environmental Compliance Certificate, the license to start operations) to Sagittarius Mining Inc. (SMI), partner of the giant Multinational Xstrata (British-Swiss), concerning its gold-copper project in Tampakan, South Cotabato. That is the good news. The bad news is, based on recent articles citing SMI, it may still insist on influencing government policies and pressuring the South Cotabato Provincial Government to abandon its open-pit mining ban.

 

Paje’s letter says DENR is denying the ECC ““until the issues and concerns on the use of open pit mining method shall have been clarified and resolved by the Company (SMI) with the Provincial Government of South Cotabato”. This statement shifts the arena to local government, away from the DENR-EMB, who approves licenses and ECCs. South Cotabato has an open-pit ban in place. SMI hopes to operate the largest mining project in Philipine history in Tampakan, the fifth largest worldwide.

 

This article replies to SMI’s PR blitz amid mounting protest over a potential mega-disaster from its tailings dam. A Business World article on January 12, 2012, written by Loella D. Desiderio hints of SMI’s next move. It will attempt to make the national government pressure the local government to abandon the open-pit ban. Chamber of Mines of the Philippines Vice President Rocky Dimaculangan was quoted, “The (local government) ordinances are an affront to the authority of the national government to manage the country’s mineral resources.” On the contrary, forcing the lifting of the ban is an affront to local government’s autonomous authority as provided by the Local Government Code (LGC).

 

Shrewdly, the article skirts around the core issue of environmental damage from open-pit mining, and focuses only on government policy, with the intent to pressure South Cotabato to lift the ban. View Youtube documentary “Killer Dam” at  –
http://www.youtube.com/watch?v=hoYTNEli8gA. See also reply to SMI based on an earlier article in the Business Mirror at –
http://www.sisterraquel.com/2012/01/eastwind-journals-16

 

The article begins with a veiled threat on the government, “… industry officials said the lack of action by the national government and the proposal to hike taxes may prevent investments from flowing into the sector this year.” The source is not identified. Could these ‘industry officials’ be executives from SMI and TVI, whose operations are affected by the open pit ban, as cited in the article? TVI has an open pit copper mine in Canatuan, Zamboanga del Norte.

 

Dimaculangan’s statement is a clear disregard of the core issue of the interest and common good of local residents who may be affected if the mega-tailings dam, with a capacity of a staggering 1.5 billion metric tons of toxic waste, and sitting on top of a mountain, collapses. Sendong gives us a message that the best dams can still collapse, like the 32 ones worldwide in the last few years. If the dam collapses towards Davao del Sur in the east and acid residue from the open pit the size of hundreds of football fields flows towards Koronadal Valley in the west, about 3 million people and half a million farmers in Mindanao’s breadbasket may be affected. This may cause famine and insurgency growth. The issue is the toxic waste will be left in perpetuity or forever on top of the mountain long after SMI and Xstrata have left with their huge profits.

 

The article bemoans the potential damage to foreign multinational investments without discussing potential damage to the vibrant agricultural economy of Mindanao, citing that the Dipolog Regional Trial Court granted an injunction against the ban because “the firm would suffer grave and irreparable damage if it stops its mining operation.” It talks of the ‘legal rights’ of foreign multinationals with a clear disregard for the legal rights of Filipinos of Mindanao. What has happened to us Filipinos, protecting foreign interests to the detriment of our own kind?

 

TVI President Eugene Mateo says, “the Philippine Mining Act is not being respected”. How about respect for the Indigenous People’s Rights Act, and the farmers? These two laws contradict each other. One addresses profits of big foreign firms and government in partnership, the other addresses livelihood and survival of small people. These laws must be reconciled with primacy on people not profits.

 

Finally, the article has the gall to suggest that reversing the open pit ban is the government’s problem, not the industry’s, suggesting that the courts would be the last stand, another veiled threat. Mateo says, “They (national government) must intervene in the courts.” They want a court battle because they are confident the Supreme Court is on their side. The Supreme Court reversed an earlier decision declaring the Tampakan license (FTAA) of SMI as unconstitutional. They must think erroneously that our courts can be pressured to accede to vested foreign interests.

 

Dimaculangan says the mining industry prefers increase in fees on environmental crimes rather in taxes so they can earn more. But the government prefers increase in taxes so they can earn more. This tug of war on earnings is at the expense of the Filipino people. The partnership between foreign multinationals and government is a form of ‘internal neo-colonialism’, where the government endangers its own people for the sake of more revenues.

 

Finally, the article cites a ‘mining study group’ aiming to strengthen the current Mining Act regarding mining interests, while environmentalists are also coming up with its own set of amendments to protect the environment and people’s interests. In truth, the prevailing basic issue in mining today is the primacy of the Filipino people over profits for governments and multinationals. No to mining that destroys people and nature. We welcome a reply from SMI and TVI.

 

Bernie Lopez
eastwind journals
redgate77@gmail.com
eastwind journals13 Jan 2012 02:42 am

eastwind journals 16 – REPLY TO SAGITTARIUS MINING on questionable ECC

eastwind journals 16
 
eastwind journals are the personal journalistic writings of Bernie Lopez, and are not part of the healing ministry. Any views or comments are his own and does not reflect those of the ministry.
 
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REPLY TO SAGITTARIUS
About its Questionable EIS
 
Sagittarius Mining Inc. (SMI) is on the verge of operating the largest ever open-pit gold-copper mining venture in Philippine history, and one of the largest worldwide. SMI is on a PR barrage in despair to have its questionable ECC or license to operate approved to pre-empt a gathering storm of protests on the potential for a mega-disaster. This is a reply to their article. Please view related Youtube “Killer Dam”, which was posted earlier –

 

http://www.youtube.com/watch?v=hoYTNEli8gA

 

ARTICLE ON TAMPAKAN
 
This is in reply to an article in Business Mirror on Monday, January 9, 2012 written by Jennifer Ng. The article says, “SMI (Sagittarius Mining Inc.) stressed that it has subjected its Environment Impact Statement (EIS) for the (Tampakan) mining project to public meetings, private meetings since 2009, and culminating in four public consultations conducted in September last year.”

 

My interviews of stakeholders reveal the opposite, that they were never part of any consultations. SMI talked mainly to those directly affected at the mining area, and did not include the thousands of farmers in the valleys affected if the tailings dam collapse. This will be one of the largest in the world with a staggering 1.5 billion metric tons of toxic waste, about eight times bigger than Placer Dome’s infamous dam in Boac, Marinduque. It sits on top of the mountain, ready to flow down the breadbasket valleys of Davao del Sur if the dam collapse. Thirty one of the best state-of-the-art tailings dams worldwide have collapsed in the last few years. It is impossible to contain 1.5 billion metric tons atop a mountain in perpetuity.

 

Also, the resulting huge open pit void several hundreds of football fields in size will generate acid and flow to South Cotabato’s lush Koronadal Valley if their treatment plant is overrun by another Sendong. SMI’s EIS does not mention mitigating measures about these potential mega-disasters. They present a rosy picture.

 

It is amazing why and how the mining contract for SMI (FTAA), decided by the Supreme Court as unconstitutional, was suddenly reversed after nine months.

 

The article says, “The consultations are part of efforts to convince local officials of South Cotabato to lift the ban it imposed on open-pit mining.” The local officials will never lift the ban because they stand to lose about 1.5 million farmer votes if the dams collapse. This kind of disaster can oust even a President, if his Environmental Management Bureau (EMB) approves such a questionable EIS. We welcome a reply from SMI.

 

Bernie Lopez, redgate77@gmail.com 
Freelance Green Documentary Producer
“Killer Dam” on the Youtube – http://www.youtube.com/watch?v=hoYTNEli8gA

 

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ORIGINAL ARTICLE
Economy Tañada: Fate of Tampakan mine rests on the public 
Business Mirror
Monday, 09 January 2012 21:09
By Jennifer A. Ng / Reporter
THE people should decide on the fate of the $5.9-billion Tampakan copper-gold project in South Cotabato, according to House Deputy Speaker Erin Tañada.

“There should be a clear consultation process [on the Tampakan project]. Dapat nating sundan ’yung posisyon ng taong bayan doon sa project area,” he stressed.

However, Sagittarius Mines Inc. (SMI), which operates multibillion Tampakan Copper-Gold Project and holds a Financial and Technical Assistance Agreement (FTAA) with the government to explore and develop the project, said it has held public consultations as well as private meetings to engage stakeholders in the project.

SMI stressed that it has subjected its environmental impact statement (EIS) for the mining project to public meetings, private meetings since 2009, and culminating in four public consultations conducted in September last year.

The consultations are part of efforts to convince local officials of South Cotabato to lift the ban it imposed on open-pit mining and to get regulatory approval for its operation.

The ban on open-pit mining was imposed by the provincial government of
South Cotabato in 2010.

According to Tañada, he is “not totally against mining,” admitting that the mining industry can help the Philippines become an industrialized and developed economy.

“We should allow mining in certain areas,” he said.

He noted that responsible mining is possible and can exist as long as the government strictly monitors mining activities and that the mining company completely rehabilitates project areas after operation.
With an estimated resource totaling to 2.4 billion metric tons at a grade of 0.6 percent copper and 0.2 grams per ton gold, the Tampakan deposit is one of the largest undeveloped copper-gold deposits in the Southeast Asia-Western Pacific region.

Experts say the Tampakan mine has the potential to become the largest mine in the country, and the fifth largest copper mine in the world by 2016.

SMI operates the Tampakan Copper-Gold Project in Mindanao as a joint venture between Xstrata Copper, a global diversified mining group in London and Swiss stock exchanges acquiring (62.5 percent) share, Indophil Resources NL, an Australian-listed exploration company with (34.2 percent) share.
The project is expected to contribute $37 billion (P1.85 trillion) to the Philippine economy over the life of the mine. The project will have the potentials of creating more than 12,000 jobs during the mine construction and actual operation.

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