Excerpt:Along with many other countries, in recent decades the Philippines –have witnessed a dramatic expansion of small-scale mining (SSM), mostly (but not exclusively)in the form of small-scale gold mining. As can be seen in the graph, official gold production from SSM has repeatedly surpassed that of large-scale metallic mining. While SSM istaking place throughout the country, its presence is particularly dramatic in the Cordillera mountain range in Luzon and in the uplands of eastern Mindanao, with Compostela Valley province acting as the self-proclaimed ‘gold mining capital of the Philippines’. Despite this massive expansion, however, SSM continues to be shrouded in controversy and misunderstanding. This short piece offers a view from below, based on long-term research inside the country’s mining areas, and attempts to undermine some of the myths that exist about the sector. About the Authors:Dr. Boris Verbrugge has recently (May 2015) obtained his PhD from Ghent University, Belgium. He is currently a post-doctoral researcher and lecturer at Radboud University, Netherlands. His research deals with small-scale gold mining in the Philippines, particularly in eastern Mindanao. In total, he spent 10 months of field research in the Philippines, including in Compostela Valley province, Benguet, Agusan del Norte, South Cotabato, and North Cotabato. Throughout this research, Boris has interviewed over 175 people, including small-scale miners, government officials, local politicians, local landowners, mining financiers, NGO workers, and academics. Throughout, he was assisted by different NGOs, research institutes (including AFRIM, the Alternate Forum for Research in Mindanao), and Bantay Kita. Ms. Beverly “Bon” Besmanos is taking her Masters Degree in Anthropology at the Ateneo de Davao University, Philippines. She works with Bantay Kita-Publish What You Pay-Philippines as Subnational Coordinator for MIndanao. Bon was formerly employed by the Alternate Forum for Research in Mindanao. Her vast work experience with communities, local and national governments, and industry hasgiven her an exceptional understanding of mine-related regulations, policies, and programs, and the challenges of implementation on the ground. Ms. Besmanos has conducted research for several mining-related studies, including this one. Content:
Excerpt:This article considers the legal framework necessary to support this system of monitoring. It first examines whether existing Philippine laws are sufficient to compel mining contractors to be transparent in all stages of the extraction process. By identifying gaps in mining and mining-related laws, it will then provide recommendations on how to promote transparency. About the Author:Atty. Marie Gay Alessandra V. Ordenes earned her law degree and Bachelor of Arts degree (major in political science) from the University of the Philippines Diliman. She was a litigation lawyer before joining the government as a court attorney. She is currently Regional Director to Southeast Asia and Asia Pacific at the Extractive Industries Transparency Initiative Secretariat. Content:
Excerpt:About the Author:Content:
Excerpt:After overthrowing the dictatorship of Ferdinand E. Marcos, Filipinos rewrote the fundamental law of the country. This time they wrote provisions that strengthened their position against the government. The strengthened their rights and put many safeguards against the abuse of power. They also directed Congress to write a Local Government Code that mandated their participation at levels that were unheard of in the country’s history. Today, the Local Government Code contains many provisions that reshaped the landscape for the extractive industry. Mining companies can no longer operate without first securing the consent of the local legislative councils. The State must first conduct consultations with various stakeholders before they can implement their projects. Local governments now legislate to protect the welfare of their constituents. This new legal framework has made things harder for the mining industry. In the past few years the national government has tried to circumvent these strictures in their behalf. President Benigno Aquino III issued Executive Order No. 79 essentially demanding that local governments agree with all his decisions. Issuances from the Department of Justice and the Department of Interior and Local Governments threaten local officials with administrative sanctions. About the Author:Atty. Dante Gatmaytan is a Professor in the UP College of Law where he teaches Constitutional Law, Legal Method, and Local Government Law. Before he entered the academe in 1998, he practiced law through public interest law offices working with rural poor communities involved in environment and natural resources law, indigenous people's rights, agrarian reform, and local governance. He graduated with a Bachelor's Degree from Ateneo de Manila (B.S. Legal Management) in 1987 and a law degree (LLB) from the University of the Philippines in 1991. He holds Masters Degrees from Vermont Law School (cum laude) and the University of California, Los Angeles. Content:
|