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To Mine or Not to Mine
The Case of the Tampakan Copper-Gold
Project: Mindanao, Philippines

Presented to the Department of
National Defense. Conference Room
, 3rd Floor, DND Building. Camp
Aguinaldo.
Quezon City, Philippines
May 31, 2012

                   Climate
                   Change
                   Congress of the
                   Philippines
Room 1 Bonifacio Hall, UP SOLAIR                               Esteban C. Godilano, Ph.D.
 Diliman, Quezon City, Philippines     With contributions by Atty. Christian S. Monsod
Phone no. (632) 408-4203/Email address:
                                          email. sgodilano@yahoo.com; christiansmonsod@gmail.com
climatechangecongress.org
Presentation Outline
 1. Our mineral wealth
 2. What others are saying about
    Tampakan
 3. What has been done by SMI
 4. CCCP scientific analysis on
    Tampakan
 5. Moving forward
Our Mineral Wealth
The mining industry is about $840 billion. Philippines gold
resources can amount to 7.36 trillion pesos or about 76
percent of the country GDP of 9.73 trillion pesos in 2011.
(NSDB 2012).



  This is equal to more than 65.1 times the income gap of
   113.1 billion pesos, the amount needed a year to raise the
   poor above the threshold of poverty.

The drawback: mining activities are usually located in rural
and mountainous areas and can affect farmlands, rivers and
shorelines, where the poorest of the poor are located namely,
the farmers, indigenous peoples and municipal fishermen.
THE QUESTION
 Should the Tampakan Copper-Gold project
 be allowed in the Philippines?
• CCCP providing data and facts in geospatial format on
  the controversies that surround the Tampakan Copper-
  Gold project.
• CCCP argue on the adaption of watershed as the
  planning domain in conducting impact studies on mining
  given the “new normal” brought about by climate
  change.
impacts on food and water security, human rights and social
 justice,
suggesting analytical tools in calculating the full cost of
 mining.
Impacts of Mining
• Mining cannot be conducted without affecting the land,
  water, and air surrounding the site, as well as the various
  natural resources found in them.
• Mining involves the extraction of minerals, but may also
  involve the use or destruction of non-mineral resources,
  such as freshwater, timber, and wildlife.
    resulting in health problems, displacement of people,
     social divisiveness, even the need to provide PNP and
     AFP protection to mining companies.
    disasters that can happen from the cutting of trees, from
     landslides, siltation and erosion, and accidents from
     mining structures.
• All these translate into public costs which are borne mainly
  by the poor. This is the social justice issue of mining.
Who are the Owners of the
Tampakan project?
Located on the southern
Philippine island of Mindanao,
approximately 40 km. north of
General Santos City. The
Project is situated on the
boundaries of four provinces:    The Tampakan Project is a 2.4 billion
South Cotabato, Sarangani,       metric ton deposit, containing 13.5
Sultan Kudarat and Davao del     million metric tons of copper and
Sur, and represents one of the   15.8 million ounces of gold at a 0.3
                                 % cut-off grade. The Project is
world’s largest undeveloped      operated by Philippine-based
copper-gold deposits in the      affiliate Sagittarius Mines, Inc. a joint
South East Asia - Western        venture between Xstrata Copper
Pacific Region.                  and Indophil Resources.
What will happen?
• SMI will clear 3,935 hectares of
  forest and arable lands when it
  starts mining operations,
• It will build its mine tailing
  facilities near one of the
  tributaries of Mal River, the
  biggest river system in the
  Tampakan-Columbio area.

   The mine life is expected to reach 70 years with more
    than US$ 5.4B in needed investments.
   SMI has allegedly spent more than P10 billion already
    for the exploration and other activities of the company
    since 2000.
Who will be
affected?
• More than 1,000 families, majority of
  them belonging to the B’laan tribe, will
  be displaced and relocated once the
  company begins commercial operations.
SMI promised to provide scholarships,
  livelihood programs and whatever it is
  that they need or would help in their
  development.

The common perception of the B'laan community is that they
would not be affected by the operations. “As long as their
ancestral lands would not be affected, they were willing to
support the mining company as it provides incentives that the
communities need.
Who will be affected?
• Damage to critical watersheds would leave thousands of farmers and
  fishermen with no means to earn a living. The mine development would
  draw down the capacity of catchments that supply drinking water and
  irrigation water to NIA irrigation systems that sustain 200,000 hectares
  of agricultural land for 80,000 farmers in South Cotabato alone.
 The Tampakan project estimates a water requirement rate of 908 million
  liters per second.

 • The mining project proposes to store 1.65 billion tons of waste rock and
   1.1 billion tons of tailings in areas of high seismic activity. The open pit
   will not be back filled and the billions of tons of acid generating waste
   rocks and wet tailings will require management in perpetuity.
 “The Tampakan mine has a high potential for loss of life and high
  environmental damage if a failure of Dams or Rock Storage facilities
  occurs”. (Goodland and Wick 2010)
What will be its impacts?
• If SMI is allowed to operate, it would
  destroy the environment and
  contaminate the river systems. It
  would dry up the irrigation system in
  the lowlands and the aquifers in
  General Santos and nearby
  Koronadal City (The Catholic Church in South
  Cotabato).

    The mine areas are found atop the headwaters of all the big rivers that
     drain into five provinces namely South Cotabato, Sarangani, Davao del
     Sur, Sultan Kudarat, and Maguindanao, and the cities of General Santos
     and Koronadal.
    Any degradation in this region will potentially result in the increased
     siltation of the rivers, a decrease in the water level and a high risk of
     being contaminated by toxic materials coming from the mine operation
     upstream (Catherine Abon, Geologist, UP NIGS).
What will be its impacts?
• Tampakan project will affect agricultural production and infrastructure
  projects as the watershed serving the Mal River will be threatened. The
  Mal River, supplies two major irrigation systems and 22 communal
  irrigation systems covering 13,968 has. and involving 7,421 farmers.
 SMI is planning to establish a tailing storage facility in Matanao straddling
  1,018 has. that will serve as dumping site of mining wastes (Mindanews: 16
   September 2010).

• Tampakan mining project is estimated to
  produce 2.7 billion tons of mine wastes.        Marinduque Mine Tailings Storage
 The mine wastes will be stacked up to
  300 meters high and will cover about
  500 has., thus the Tampakan Copper
  Gold Project is said to be “one of the
  most dangerous mining projects in the
  world”. (Clive Montgomery Wicks, conservation
  and development consultant).
Response from SMI
• "We have completed our               SMI Technical Studies
  Environmental Impact Assessment      • Mine closure and
  (EIA) studies in accordance with       rehabilitation
  relevant local and international     • Water resources
  standards”.                          • Mine waste
• These robust, evidence-based           management
  studies involved both Filipino and   • Terrestrial and aquatic
  international experts and have         ecology
  taken a number of years to           • Noise and vibration
                                       • Social impact
  complete as part of our integrated
                                         assessment
  mine planning process.               • Visual amenity
• The EIA identified the proposed      • Climate and
  measures to mitigate and manage        meteorology
  the potential environmental and      • Economic benefits
  social risks,” (SMI 2010).           • Social benefits
Response from SMI
The tailings generated from the mine processing
activities will be managed and stored in the Tailing
Storage Facility (TSF) which will cover an
impounding area of approximately 1,000 has.

A total of 1.35 B tons of
 material including
 approximately 250 M tons
 of high potential acid
 forming waste rocks will be
 stored in the TSF.
              SMI Environmental Awards
Response from SMI
• SMI is claiming that
  they are welcomed by
  the communities in the
  mining site because of
  the economic and
  social benefits the
  project will bring.

    SMI has sponsored thousands of scholars in all school levels,
     conducted medical missions, and employed tribesmen in their
     labor force.
    “Our commitment to ethical behavior underpins all our actions
     and making this Project a reality requires us to work in
     partnership with our stakeholders in a responsible way”
     (http://www.smi.com.ph/EN/Pages/Home.aspx).
A picture is worth a thousand
                words
Watershed mapping
and impact studies
should be based on
a wholistic approach
of “ridge-rivers-
reef”. The mining
area straddles three
major watersheds
that will be affected
by SMI mining
operations and
covering
approximately         (1) Catisan Allah Watershed : 742,858 has.
                      (2) Marbel Watershed:         122,659 has.
985,730 has.
                      (3) Padada River Watershed: 120,213 has.
Impact areas in the watershed
                                                                           Direct Impact
Direct impact area
within the watershed
totaled 271,175 has.
These are low lying
areas that are prone to
contamination including
the Liguasan Marsh.
The Catisan Allah
Watershed comprises
the largest area
covering 162,623 has.
or 60 percent of the    A total of 696 km of rivers/stream length that could be
total impacted areas    affected.
                                 Padada River watershed:        259 km.
                                 Marbel watershed:               95 km.
                                 Catisan Allah River watershed: 342 km.
Land Use Impact
     Within the mining claim area, 32 and 75 percent of the
     agriculture lands and forested areas will be affected.
                               Original
                     Impact    Mining
      Land Uses
                      Areas     Claim
                                 (ha)
1. Forest             20,064    15,077
2. Agriculture        48,119    15,492
3. Mangrove              217          0
4. Fishponds           1,884          0
5. Marshland and      84,858          0
   swamps
6. Lakes               9,417         0
7. Non Agriculture     5,707         6
  (Grass land)
8. Built-up            1,097        14
Total                171,363    30,589
Population
Province/City/Municipality     (NSO
                               2010)
                                          Impacted
Davao Sur
 1) Hagonoy
                             232,201
                                 48,166
                                          Municipalities plus Cotabato
                                          Approximately 16 Municipalities,
 2) Matanao                      50,928
                                          City, are in direct influence of the Tampakan
 3) Kiblawan                     43,057
 4) Padada                       25,127   mines. As of NSO 2010 data, impacted
 5) Sulop                        29,082   population is approximately 1 million people.
 6) Malalag                      35,841
South Cotabato
 1) Tampakan                     47,159
 2) Columbio                  No Data
 3) Lutayan                   No Data
North Cotabato               163,231
 1) Tulunan                      49,865
 2) Mlang                       113,366
Maguidanao                   148,312
 1) Buluan                       32,310
 2) Datu Paglas                  29,979
 3) Datu Pinag                   49,971
 4) Pagalungan                   36,052
Shariff Kabungsuan
 1) Kabuntalan                   23,143
Cotabato City                301,264
          Total              915,310
Climate Change Impact and Fault
                    lines
       SMI technical studies
       on “climate and
       meteorology” did not
       include the impact of
       climate change in the
       analysis as this is not
       included in the EIA
       guidelines.
                                        Original
                              Impact    Mining
  CC Impact       Watershed
                               Areas     Claim     In the case of flooding caused by climate
1. Landslide        161,542    39,207    12,515    change and a breach of the controlled structure
2. Soil Erosion     159,961    16,156      3,912
                                                   in the mine area for affluent, the total flooded
3. Drought           68,206    37,234          0
4. Flooding         491,642   185,330        131
                                                   area of 491,642 has. will be contaminated by
5. Not Affected     158,822    27,411    14,031
                                                   1.35 Bt of toxic material including 250 Mt of high
     Total        1,040,173   305,338    30,589    potential acid forming waste rocks.
DENR does not support mining over 1,000 meters, yet the Tampakan mining
claim area covers approximately 11,517 hectares of lands (38%) 1,000 meters
above sea level (masl). Worse, underneath the mining area are series of fault
lines numbering 14 with a total length of 83 km.
Why watershed
 planning
 approach? and supply
 “Protection of the quality
 of freshwater resources. Application
 of integrated approaches to the
 development, management and use
 of water resources”. (Chapter 18 of the
 Agenda 21)

 We all live in a watershed and we believe that a watershed planning
 approach is the most effective framework to address the complex
 issues of the mining industry and above all food and water security
 in the context of looming climate change impacts.
With Climate Change as the “new normal” a watershed approach to adaptation,
mitigation, anticipation and disaster management where the forests and minerals
are mostly located. A concerted and integrated effort using the watershed as the
planning domain is necessary. Landslide and flooding do not respect
administrative boundaries or local jurisdictions.
Should mining be allowed in the
             Philippines?
Mining should only be allowed when
four minimum conditions are met:

  (1) the environmental, social and
       economic costs are accounted
       for in evaluating mining projects;
  (2) the country gets a full and fair
       share of the value of the
       extracted resources,
 (3) the institutional capabilities of the government to evaluate and regulate
      mining activities are put in place; and
 (4) since mining uses up non-renewable natural capital, the money from
      mining are specifically used to create new capital such as more
      developed human resources and infrastructure, particularly in the rural
      areas.
TEV and WAVES
Ecosystems are especially important
for developing countries, where the         Tributaries in the Tampakan Watershed
livelihoods of many people depend
directly on healthy ecosystems.
 Adopt Total Economic Valuation
  (TEV) and Wealth Accounting and
  Valuation of Ecosystem Services
  (WAVES) which is an integration of
  TEV and natural capital accounting.
  WAVES is an initiative of the World
  Bank which is supportive of
  “responsible mining”.
   WAVES is a comprehensive wealth management approach to long-term
   sustainable development that includes all assets – manufactured capital,
   natural capital, human and social capital. The methodological framework
   is the UN’s System of Environmental and Economic Accounting (SEEA)
   developed over the past 20 years.
How will WAVES contribute to
               poverty reduction?
• Valuation of ecosystem services will enable better
  management of ecosystems.
  Natural resources are an important asset for the poor
  Improving the productivity of natural assets can lead to poverty reduction
  by allowing the poor to accumulate assets of their own if economic
  activities based on natural resources are not “employment of the last
  resort”.
• Ecosystem accounting will also enable the
  measurement of who benefits and who bears
  the costs of ecosystem changes.
    Essential for careful policy design so that the
    poor (who lack complementary private assets)
    also benefit from improved productivity.
Impacts on Human Rights
The Right to Life and
Security
  • Everyone has the right to
    life, liberty and security
    of person. (Universal Declaration
    of Human Rights [UDHR]: Article 3)
The Right to Food
 • The State Parties to the
   present Covenant,
   recognise the
   fundamental right of
   everyone to be free from
   hunger. (International Covenant on      SMI Seminar on
                                            Human Rights
    Economic, Social and Cultural Rights
    [ICESCR], Article 11)
Impacts on Human Rights
The Right to Subsistence
•Everyone has the right to a standard
of living adequate for the health and
well-being of himself and of his family,
including food, clothing, housing…
(UDHR, Article 25) .
‘In no case may a people be deprived of its own
means of subsistence.’ (International Covenant on Civil
and Political Rights [ICCPR], Article 1.2 and ICESCR, Article
1.2)


                                                  The Right to Health
                                                  •The State Parties to the present
                                                  Covenant recognise the right of
                                                  everyone to the enjoyment of the highest
                                                  attainable standard of physical and
                                                  mental health.’ (ICESCR, Article 12)
Impacts and Footprints
           Sharing the Pie, Dividing Responsibilities
                                              Agricultural Sector
      LAND USE                DENR                     Grassland   Agriculture ,
                                         Lakes         5,707 ha     32,627 ha
                             4,987 ha                    (4%)
                                        9,417 ha                      (24%)
                               (3%)
               SMI                        (7%)                                      Mangrove
  DILG      30,538 ha                                                                 217 ha
1,083 ha      (18%)                                                                  (0.16%)
  (1%)

                                                    Marshland
                                                   and swamps
                                                                                   Fishponds
                                                    84,858 ha
                                                                                    1,884 ha
                                                      (63%)
                                                                                      (2%)
                            DA
                        134,704 ha
                          (78%)                      72 % is under fisheries
                                                       - 96,376 ha without CC
                                                       - 491,642 with CC
Impacts and Footprints
       Sharing the Pie, Dividing Responsibilities
 LAND USE         DENR
                                        POPULATION
                   3%         SMI
                             90,216
          SMI                (10%)
DILG      18%
 1%


                                        DILG
                   DA                 825,094
                134,704                (90%)
                   ha
                 (78%)
In Cases of Doubt
• Until the new policies and institutional safeguards are fully in
  place, the government should strictly apply the precautionary
  principle. The principle is public policy under RA 9729
  (Climate Change Act of 2009), and was enunciated by the
  Supreme Court in issuing the Writ of Kalikasan.
    Part V. Rule 20, “Sec. 1: When there is a lack of full scientific
     certainty in establishing a causal link between human activity and
     environmental effect, the court shall apply the precautionary principle
     in resolving the case before it. The constitutional right of the people to
     a balanced and healthful ecology shall be given the benefit of the
     doubt.”
 The Writ of Kalikasan means a legal remedy available to any natural or juridical person, entity authorized by law, people’s
 organization, non-government organization, or any public interest group accredited by or registered with any government
 agency, on behalf of persons whose constitutional right to a balance and healthful ecology is violated, or threatened with
 violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving
 environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or
 provinces. (Rules of Procedure for Environmental Cases A.M. No. 09-6-8-SC Rule 7, Sec. 1).
CONCLUSION
 Doing nothing and a
                                                     Marinduque Mine Tailings at Boac River
 business as usual approach                                (the river is dead until now)
 to mining coupled with the
 uncertainty of climate change
 will be an indictment of our
 generation that our children
 will never forgive.
“Without social change, climate
change will just worsen the
situation especially for the
vulnerable and the
marginalized”. Archbishop of Cagayan de
Oro Most Rev. Antonio J. Ledesma, J.J., D.D., CCCP
Lead Convener
RECOMMENDATIONS
1. Science-based vulnerability mapping to
   include the New Normal (climate change) in
                                        Marinduque Mine Tailings at Boac River
   the analysis.
2. DENR with CCCP to revisit the EIA and EIS
   guidelines to include WS analysis and
   reporting systems not only in mining but all
   projects that requires ECC.
3. DENR, NEDA and CCCP should provide
   the protocol and guidelines for TEV and
   WAVES analysis in the mining industry.
4. Inclusion of Agriculture and Fisheries in the
   mining industry study and analysis.
5. Food and water security should never be
   compromised, our survival as a nation is at      Thank You
   stake.

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To Mine or Not to Mine

  • 1. To Mine or Not to Mine The Case of the Tampakan Copper-Gold Project: Mindanao, Philippines Presented to the Department of National Defense. Conference Room , 3rd Floor, DND Building. Camp Aguinaldo. Quezon City, Philippines May 31, 2012 Climate Change Congress of the Philippines Room 1 Bonifacio Hall, UP SOLAIR Esteban C. Godilano, Ph.D. Diliman, Quezon City, Philippines With contributions by Atty. Christian S. Monsod Phone no. (632) 408-4203/Email address: email. sgodilano@yahoo.com; christiansmonsod@gmail.com climatechangecongress.org
  • 2. Presentation Outline 1. Our mineral wealth 2. What others are saying about Tampakan 3. What has been done by SMI 4. CCCP scientific analysis on Tampakan 5. Moving forward
  • 3. Our Mineral Wealth The mining industry is about $840 billion. Philippines gold resources can amount to 7.36 trillion pesos or about 76 percent of the country GDP of 9.73 trillion pesos in 2011. (NSDB 2012).  This is equal to more than 65.1 times the income gap of 113.1 billion pesos, the amount needed a year to raise the poor above the threshold of poverty. The drawback: mining activities are usually located in rural and mountainous areas and can affect farmlands, rivers and shorelines, where the poorest of the poor are located namely, the farmers, indigenous peoples and municipal fishermen.
  • 4. THE QUESTION Should the Tampakan Copper-Gold project be allowed in the Philippines? • CCCP providing data and facts in geospatial format on the controversies that surround the Tampakan Copper- Gold project. • CCCP argue on the adaption of watershed as the planning domain in conducting impact studies on mining given the “new normal” brought about by climate change. impacts on food and water security, human rights and social justice, suggesting analytical tools in calculating the full cost of mining.
  • 5. Impacts of Mining • Mining cannot be conducted without affecting the land, water, and air surrounding the site, as well as the various natural resources found in them. • Mining involves the extraction of minerals, but may also involve the use or destruction of non-mineral resources, such as freshwater, timber, and wildlife.  resulting in health problems, displacement of people, social divisiveness, even the need to provide PNP and AFP protection to mining companies.  disasters that can happen from the cutting of trees, from landslides, siltation and erosion, and accidents from mining structures. • All these translate into public costs which are borne mainly by the poor. This is the social justice issue of mining.
  • 6. Who are the Owners of the Tampakan project? Located on the southern Philippine island of Mindanao, approximately 40 km. north of General Santos City. The Project is situated on the boundaries of four provinces: The Tampakan Project is a 2.4 billion South Cotabato, Sarangani, metric ton deposit, containing 13.5 Sultan Kudarat and Davao del million metric tons of copper and Sur, and represents one of the 15.8 million ounces of gold at a 0.3 % cut-off grade. The Project is world’s largest undeveloped operated by Philippine-based copper-gold deposits in the affiliate Sagittarius Mines, Inc. a joint South East Asia - Western venture between Xstrata Copper Pacific Region. and Indophil Resources.
  • 7. What will happen? • SMI will clear 3,935 hectares of forest and arable lands when it starts mining operations, • It will build its mine tailing facilities near one of the tributaries of Mal River, the biggest river system in the Tampakan-Columbio area.  The mine life is expected to reach 70 years with more than US$ 5.4B in needed investments.  SMI has allegedly spent more than P10 billion already for the exploration and other activities of the company since 2000.
  • 8. Who will be affected? • More than 1,000 families, majority of them belonging to the B’laan tribe, will be displaced and relocated once the company begins commercial operations. SMI promised to provide scholarships, livelihood programs and whatever it is that they need or would help in their development. The common perception of the B'laan community is that they would not be affected by the operations. “As long as their ancestral lands would not be affected, they were willing to support the mining company as it provides incentives that the communities need.
  • 9. Who will be affected? • Damage to critical watersheds would leave thousands of farmers and fishermen with no means to earn a living. The mine development would draw down the capacity of catchments that supply drinking water and irrigation water to NIA irrigation systems that sustain 200,000 hectares of agricultural land for 80,000 farmers in South Cotabato alone.  The Tampakan project estimates a water requirement rate of 908 million liters per second. • The mining project proposes to store 1.65 billion tons of waste rock and 1.1 billion tons of tailings in areas of high seismic activity. The open pit will not be back filled and the billions of tons of acid generating waste rocks and wet tailings will require management in perpetuity. “The Tampakan mine has a high potential for loss of life and high environmental damage if a failure of Dams or Rock Storage facilities occurs”. (Goodland and Wick 2010)
  • 10. What will be its impacts? • If SMI is allowed to operate, it would destroy the environment and contaminate the river systems. It would dry up the irrigation system in the lowlands and the aquifers in General Santos and nearby Koronadal City (The Catholic Church in South Cotabato).  The mine areas are found atop the headwaters of all the big rivers that drain into five provinces namely South Cotabato, Sarangani, Davao del Sur, Sultan Kudarat, and Maguindanao, and the cities of General Santos and Koronadal.  Any degradation in this region will potentially result in the increased siltation of the rivers, a decrease in the water level and a high risk of being contaminated by toxic materials coming from the mine operation upstream (Catherine Abon, Geologist, UP NIGS).
  • 11. What will be its impacts? • Tampakan project will affect agricultural production and infrastructure projects as the watershed serving the Mal River will be threatened. The Mal River, supplies two major irrigation systems and 22 communal irrigation systems covering 13,968 has. and involving 7,421 farmers.  SMI is planning to establish a tailing storage facility in Matanao straddling 1,018 has. that will serve as dumping site of mining wastes (Mindanews: 16 September 2010). • Tampakan mining project is estimated to produce 2.7 billion tons of mine wastes. Marinduque Mine Tailings Storage  The mine wastes will be stacked up to 300 meters high and will cover about 500 has., thus the Tampakan Copper Gold Project is said to be “one of the most dangerous mining projects in the world”. (Clive Montgomery Wicks, conservation and development consultant).
  • 12. Response from SMI • "We have completed our SMI Technical Studies Environmental Impact Assessment • Mine closure and (EIA) studies in accordance with rehabilitation relevant local and international • Water resources standards”. • Mine waste • These robust, evidence-based management studies involved both Filipino and • Terrestrial and aquatic international experts and have ecology taken a number of years to • Noise and vibration • Social impact complete as part of our integrated assessment mine planning process. • Visual amenity • The EIA identified the proposed • Climate and measures to mitigate and manage meteorology the potential environmental and • Economic benefits social risks,” (SMI 2010). • Social benefits
  • 13. Response from SMI The tailings generated from the mine processing activities will be managed and stored in the Tailing Storage Facility (TSF) which will cover an impounding area of approximately 1,000 has. A total of 1.35 B tons of material including approximately 250 M tons of high potential acid forming waste rocks will be stored in the TSF. SMI Environmental Awards
  • 14. Response from SMI • SMI is claiming that they are welcomed by the communities in the mining site because of the economic and social benefits the project will bring.  SMI has sponsored thousands of scholars in all school levels, conducted medical missions, and employed tribesmen in their labor force.  “Our commitment to ethical behavior underpins all our actions and making this Project a reality requires us to work in partnership with our stakeholders in a responsible way” (http://www.smi.com.ph/EN/Pages/Home.aspx).
  • 15. A picture is worth a thousand words Watershed mapping and impact studies should be based on a wholistic approach of “ridge-rivers- reef”. The mining area straddles three major watersheds that will be affected by SMI mining operations and covering approximately (1) Catisan Allah Watershed : 742,858 has. (2) Marbel Watershed: 122,659 has. 985,730 has. (3) Padada River Watershed: 120,213 has.
  • 16. Impact areas in the watershed Direct Impact Direct impact area within the watershed totaled 271,175 has. These are low lying areas that are prone to contamination including the Liguasan Marsh. The Catisan Allah Watershed comprises the largest area covering 162,623 has. or 60 percent of the A total of 696 km of rivers/stream length that could be total impacted areas affected.  Padada River watershed: 259 km.  Marbel watershed: 95 km.  Catisan Allah River watershed: 342 km.
  • 17. Land Use Impact Within the mining claim area, 32 and 75 percent of the agriculture lands and forested areas will be affected. Original Impact Mining Land Uses Areas Claim (ha) 1. Forest 20,064 15,077 2. Agriculture 48,119 15,492 3. Mangrove 217 0 4. Fishponds 1,884 0 5. Marshland and 84,858 0 swamps 6. Lakes 9,417 0 7. Non Agriculture 5,707 6 (Grass land) 8. Built-up 1,097 14 Total 171,363 30,589
  • 18. Population Province/City/Municipality (NSO 2010) Impacted Davao Sur 1) Hagonoy 232,201 48,166 Municipalities plus Cotabato Approximately 16 Municipalities, 2) Matanao 50,928 City, are in direct influence of the Tampakan 3) Kiblawan 43,057 4) Padada 25,127 mines. As of NSO 2010 data, impacted 5) Sulop 29,082 population is approximately 1 million people. 6) Malalag 35,841 South Cotabato 1) Tampakan 47,159 2) Columbio No Data 3) Lutayan No Data North Cotabato 163,231 1) Tulunan 49,865 2) Mlang 113,366 Maguidanao 148,312 1) Buluan 32,310 2) Datu Paglas 29,979 3) Datu Pinag 49,971 4) Pagalungan 36,052 Shariff Kabungsuan 1) Kabuntalan 23,143 Cotabato City 301,264 Total 915,310
  • 19. Climate Change Impact and Fault lines SMI technical studies on “climate and meteorology” did not include the impact of climate change in the analysis as this is not included in the EIA guidelines. Original Impact Mining CC Impact Watershed Areas Claim In the case of flooding caused by climate 1. Landslide 161,542 39,207 12,515 change and a breach of the controlled structure 2. Soil Erosion 159,961 16,156 3,912 in the mine area for affluent, the total flooded 3. Drought 68,206 37,234 0 4. Flooding 491,642 185,330 131 area of 491,642 has. will be contaminated by 5. Not Affected 158,822 27,411 14,031 1.35 Bt of toxic material including 250 Mt of high Total 1,040,173 305,338 30,589 potential acid forming waste rocks.
  • 20. DENR does not support mining over 1,000 meters, yet the Tampakan mining claim area covers approximately 11,517 hectares of lands (38%) 1,000 meters above sea level (masl). Worse, underneath the mining area are series of fault lines numbering 14 with a total length of 83 km.
  • 21. Why watershed planning approach? and supply “Protection of the quality of freshwater resources. Application of integrated approaches to the development, management and use of water resources”. (Chapter 18 of the Agenda 21) We all live in a watershed and we believe that a watershed planning approach is the most effective framework to address the complex issues of the mining industry and above all food and water security in the context of looming climate change impacts. With Climate Change as the “new normal” a watershed approach to adaptation, mitigation, anticipation and disaster management where the forests and minerals are mostly located. A concerted and integrated effort using the watershed as the planning domain is necessary. Landslide and flooding do not respect administrative boundaries or local jurisdictions.
  • 22. Should mining be allowed in the Philippines? Mining should only be allowed when four minimum conditions are met: (1) the environmental, social and economic costs are accounted for in evaluating mining projects; (2) the country gets a full and fair share of the value of the extracted resources, (3) the institutional capabilities of the government to evaluate and regulate mining activities are put in place; and (4) since mining uses up non-renewable natural capital, the money from mining are specifically used to create new capital such as more developed human resources and infrastructure, particularly in the rural areas.
  • 23. TEV and WAVES Ecosystems are especially important for developing countries, where the Tributaries in the Tampakan Watershed livelihoods of many people depend directly on healthy ecosystems.  Adopt Total Economic Valuation (TEV) and Wealth Accounting and Valuation of Ecosystem Services (WAVES) which is an integration of TEV and natural capital accounting. WAVES is an initiative of the World Bank which is supportive of “responsible mining”. WAVES is a comprehensive wealth management approach to long-term sustainable development that includes all assets – manufactured capital, natural capital, human and social capital. The methodological framework is the UN’s System of Environmental and Economic Accounting (SEEA) developed over the past 20 years.
  • 24. How will WAVES contribute to poverty reduction? • Valuation of ecosystem services will enable better management of ecosystems.  Natural resources are an important asset for the poor  Improving the productivity of natural assets can lead to poverty reduction by allowing the poor to accumulate assets of their own if economic activities based on natural resources are not “employment of the last resort”. • Ecosystem accounting will also enable the measurement of who benefits and who bears the costs of ecosystem changes.  Essential for careful policy design so that the poor (who lack complementary private assets) also benefit from improved productivity.
  • 25. Impacts on Human Rights The Right to Life and Security • Everyone has the right to life, liberty and security of person. (Universal Declaration of Human Rights [UDHR]: Article 3) The Right to Food • The State Parties to the present Covenant, recognise the fundamental right of everyone to be free from hunger. (International Covenant on SMI Seminar on Human Rights Economic, Social and Cultural Rights [ICESCR], Article 11)
  • 26. Impacts on Human Rights The Right to Subsistence •Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing… (UDHR, Article 25) . ‘In no case may a people be deprived of its own means of subsistence.’ (International Covenant on Civil and Political Rights [ICCPR], Article 1.2 and ICESCR, Article 1.2) The Right to Health •The State Parties to the present Covenant recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.’ (ICESCR, Article 12)
  • 27. Impacts and Footprints Sharing the Pie, Dividing Responsibilities Agricultural Sector LAND USE DENR Grassland Agriculture , Lakes 5,707 ha 32,627 ha 4,987 ha (4%) 9,417 ha (24%) (3%) SMI (7%) Mangrove DILG 30,538 ha 217 ha 1,083 ha (18%) (0.16%) (1%) Marshland and swamps Fishponds 84,858 ha 1,884 ha (63%) (2%) DA 134,704 ha (78%) 72 % is under fisheries - 96,376 ha without CC - 491,642 with CC
  • 28. Impacts and Footprints Sharing the Pie, Dividing Responsibilities LAND USE DENR POPULATION 3% SMI 90,216 SMI (10%) DILG 18% 1% DILG DA 825,094 134,704 (90%) ha (78%)
  • 29. In Cases of Doubt • Until the new policies and institutional safeguards are fully in place, the government should strictly apply the precautionary principle. The principle is public policy under RA 9729 (Climate Change Act of 2009), and was enunciated by the Supreme Court in issuing the Writ of Kalikasan.  Part V. Rule 20, “Sec. 1: When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it. The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt.” The Writ of Kalikasan means a legal remedy available to any natural or juridical person, entity authorized by law, people’s organization, non-government organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balance and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. (Rules of Procedure for Environmental Cases A.M. No. 09-6-8-SC Rule 7, Sec. 1).
  • 30. CONCLUSION Doing nothing and a Marinduque Mine Tailings at Boac River business as usual approach (the river is dead until now) to mining coupled with the uncertainty of climate change will be an indictment of our generation that our children will never forgive. “Without social change, climate change will just worsen the situation especially for the vulnerable and the marginalized”. Archbishop of Cagayan de Oro Most Rev. Antonio J. Ledesma, J.J., D.D., CCCP Lead Convener
  • 31. RECOMMENDATIONS 1. Science-based vulnerability mapping to include the New Normal (climate change) in Marinduque Mine Tailings at Boac River the analysis. 2. DENR with CCCP to revisit the EIA and EIS guidelines to include WS analysis and reporting systems not only in mining but all projects that requires ECC. 3. DENR, NEDA and CCCP should provide the protocol and guidelines for TEV and WAVES analysis in the mining industry. 4. Inclusion of Agriculture and Fisheries in the mining industry study and analysis. 5. Food and water security should never be compromised, our survival as a nation is at Thank You stake.