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IP groups assail SC decision on FTAA in Mining Act

Pro-people mineral policy urged

BAGUIO CITY (Dec. 2) — Cordillera-based organizations concerned with indigenous peoples’ rights expressed concern over the recent Supreme Court decision reversing an earlier decision on the constitutionality of a provision of Philippine Mining Act of 1995.

The Cordillera Peoples Alliance (CPA), the Cordillera Human Rights Organization (CHRO), the Save the Abra River Movement (STARM) and the Baguio-based international indigenous peoples’ resource center, Tebtebba Foundation, separately aired their apprehension and dismay over the recent SC ruling.

“This is a mockery of the people’s control over the patrimony and a clear violation of the indigenous peoples’ right to their land and resources,” the CPA said in a statement.

Acting on the case filed by Cotabato-based organization La Bugal the SC ruled that Financial and Technical Assistance Agreement (FTAA) in the Mining Act is constitutional. It earlier ruled against the application of Western Mining Company – Philippines and had it reviewed when the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (MGB-DENR), including other groups, appealed.

Registering a vote of 10:4 with one abstention, the high tribunal reversed its earlier decision issued on January 29 against the constitutionality of the FTAA.

SC decision, an anti-people move

Joan Carling, CPA chairperson said the SC decision sealed the unresolved issues in favor of corporate mining, despite the valid and legitimate concerns by communities, activists, environmentalists and other groups.

“This is a big drawback in the struggle against corporate take-over of the people’s resources,” Carling said of the decision. Carling said this dangerously opened the gate for a total control of foreign investors and corporations, not only over the mineral resources but also the country’s entire natural resources.

“Larger interests are at play, thus indigenous peoples (IPs) no longer have any option but active defense to protect their basic rights”, said Engr. Catalino L. Corpuz of Tebtebba. He added that the reversed SC decision is a big blow not only to IPs but also to Filipino people.

Save the Abra River Movement (STARM) lawyer and Cordillera Human Rights Organization (CHRO) Spokesperson Atty. Randy Kinaud was not surprised when the SC declared that the FTAA is legal and expected the SC to decide that way.

“The Constitution still recognizes the Regalian Doctrine which states that all minerals belong to the State, be it in private or public land,” Kinaud explained. SC relies heavily on the Constitution for its decisions and the State has the supreme power to dispose of these State-owned resources to anyone it deems necessary.

Kinaud said the question is not whether the ruling is unconstitutional. Instead, the issue should be a question whether such decision is beneficial to the people or not.

“Why should we give vast lands to foreign investors when it is detrimental to the life and livelihoods of the people?” Kinaud asks.

“Supreme” disaster

Calling it a supreme disaster and betrayal against the Filipino people the Promotion of Church People’s Response (PCPR) in Manila called for the junking of the SC decision since it favors foreign mining corporations.

PCPR said that “giving fresh license for unhampered mining and logging operations of foreign corporations in the Philippines is tantamount to sacrificing even more lives”.

AGHAM (Samahang Nagtataguyod ng Agham at Teknolohiya) similarly deplored the foreign plunder of natural resources. The group said that large-scale plunder of our natural resources result in areas susceptible to environmental imbalance.

AGHAM’s Dr. Giovanni Tapang said that the decision paves way for the surrender of our sovereignty to foreign interests. He said that in pushing liberalization beyond its limits, the Arroyo government is whipping up the country stronger than the recent super typhoons for it has succeeded in putting our people and environment in even more danger because of its treasonous sale of our national patrimony.

The National Council of Churches in the Philippines (NCCP) is also dismayed over the SC ruling. In a statement, the NCCP said that SC has “finally succumbed to the pressures of the President and foreign business interests at the expense of the Filipino people.”

Distorted priorities

Kinaud also said that revitalizing the mining industry is one of the priorities of the government and that the president is committed to give in to the super powers such as the US and Canada, countries with interests in the country’s mining industry.

The SC, Kinaud says, is composed of people, which Malacañang appoints so it is not at all surprising that the Palace influences them. He says, however, that the Constitution starts with the interest of the majority of the people and that the protection of the people’s rights and will should always be the rationale behind the establishment of the government.

“The SC could have decided in the interest of the people”, Kinaud said, citing that while there are associate justices who voted against the FTAA and upheld the earlier decision, the rest could have followed suit.

The groups called for the repeal of the Mining Act and urged lawmakers to support legislative initiatives that will ensure a pro-people and pro-environment mining policy.

A protest scheduled on December 2 against the SC ruling was moved due to typhoon Yoyong.# Lyn V. Ramo for NORDIS

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