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With the increasing concern about the health hazard and devastation in Mindoro as a result of the mining project in Victoria, Oriental Mindoro  , this page is created to bring awareness of this issue to all Mindorenos worldwide.  Please take time in reading this on a weekend (it needs one full hour of your time) and email Fr. Edu of Mangyan Mission in Mindoro for your response, suggestions, opinions and others.  His email is pesante97@yahoo.com. Please email us at mindorousa@yahoo.com if you need to express your concern and ways on how to help re this mining issue. We will post it in our website.

Following articles or write-ups were taken from Mindoro Ecology of Fr. Edu who is spearheading the anti-mining awareness campaign to stop mining in Mindoro.

 


Posted 7/14/09
Article By Fr. Edu

The Island Sentinel, in its recent issue (June 25 – July 1, 2009), bannered the pronouncement of Erlend Grimstad, President and CEO of Intex Resources, claiming that over 55,000 signatures have been collected all favoring mining in the affected municipalities of Victoria, Socorro, San Teodoro, Pola in Oriental Mindoro and in Sta Cruz and Sablayan in Occidental Mindoro! Grimstad claims that this constitutes 54% of all registered voters in all affected municipalities.

Here we go again caught in a numbers game, with the dangerous tendency of taking gullibly hook line and sinker whatever figures the mining company or the pro-mining camp feed us with, under the guise of authoritative survey or objective estimate. With the usual arrangement, news like this is expected to land right into the headline of any local newspaper, which regularly carries mining propaganda anyway. Actually, there’s no point of making a big brouhaha over the news report. The headlines and news items of local newspapers, including most of the radio stations, are mostly in support of mining operation of Intex. But did we ever ask WHY?

For those who have been in the campaign for a decade now, are all too familiar with the deceptive strategies, lies and manipulation that the company is expertly being employed to project a semblance of acceptability – like the questionable FPIC among the indigenous peoples, like the news report that Bishop Cajandig is supporting their mining activity, like the report that Congressman Valencia is in full support of their project, among many other fraudulent claims (including the claim that Submarine Tailings Disposal is environmentally safe!).

There is nothing new with the news headline at all! It is part of a pattern, of the over-all deceptive strategies designed to make people believe their story line, to manipulate the truth and to fool those who still are still very naïve in dealing with their devious and wily maneuverings.

For those who are disturbed by the news (believing it to be true), we might need to dignify the claim and issue some rebuttal.

Those who are immersed in the community will know that the claim of support for Intex is very spurious, even incredible. The survey conducted by Intex in all areas mentioned was marred by serious irregularity and deception. It was conducted by the company itself, with corresponding payment for the enumerators – P50 for each “yes” answer that they will get, and P20 for “no”. This payment scheme was applied in Pola, but different payment schemes were employed in other municipalities.

But many respondents came forward to execute their sworn statement questioning the process and the deception that they were subjected to.

A 68 year-old housewife confessed of having agreed to sign for “yes” because she was told by the enumerator that mining will guarantee a sure job for his unemployed husband. And in expectation of this promise, he even signed for his husband. Similarly, a jueteng collector willingly signed for “yes” because the enumerator assured him that those who will first to sign will be the first ones to be given employment in the mining company.

There were also cases of outright falsification of signatures, as in the case of a 30 year-old daughter who stayed in the hospital to take care of his father who suffered from stroke. When she arrived back in their Barangay, she was surprised to learn that her name and his father’s were both signatories to the “yes” survey of Intex! But this is simply impossible not only because of their long absence, but also because his father was paralyzed and could not possibly sign!

All those cases and many other affidavits are available to those who want to scrutinize the credibility of the people’s stories from the community.

But I am still trying to figure out why local media are so sympathetic to the company, giving it ready access for grand press releases every issue? Well, I don’t have the answer for now! And your guess is as good as mine!


October 20, 2008 - Calapan City , Oriental Mindoro – Representatives from the provincial government of Oriental Mindoro, on October 20, 2008, bring to a halt the ongoing public scoping of Aglubang Mining Corporation and Alag-ag Mining Incorporated, local subsidiaries of Intex Resources, a Norwegian mining company seeking to operate a nickel mine in the province.  

The said activity is a direct violation of the province’s 25-year mining moratorium ordinance as expressed in the letter issued by Governor Arnan C. Panaligan addressed to the mining companies. The said legislation passed in 2002 explicitly prohibits the entry of any large-scale mining and other activities leading to such for 25 years. Mr. Maximino Jumig, Provincial Environment and Natural Resources Officer accompanied by Victoria Mayor Alfredo Ortega, Jr., representatives from the Provincial Legal Office and local coalition Alyansa Laban sa Mina delivered the letter to the leaders of Aglubang/Alag-ag/ Intex Resources and immediately ordered the stop of the ongoing activity. The letter also reiterates that further continuation of the activity will cause the arrest of those involved and the filing of criminal cases against them.  

Mindoro Nickel Project is a proposed 9,720 nickel mining which has been tremendously opposed by the people of Oriental Mindoro for more than ten years now. The proposed project is located within an actual watershed of the island and ancestral domains of the Alangan and Tadyawan Mangyan tribes. The said scoping is part of the mining company’s environmental impact assessment which requires them to consult the stakeholders of their issues and concerns. The said concerns and its mitigating measures will then be included in their environmental impact statement which is a requirement for the issuance of their environmental compliance certificate.  

Also present in the activity were representatives from Environmental Management Bureau-DENR Central Office, EIA Review Committee, barangay officials and residents from different municipalities. This incident showed the strong resolve of the local government units and the people of Mindoro to resolutely oppose the mining project of Intex and its local subsidiaries, Alag-ag and Aglubang Mining threatening the food security and fragile ecology of the province. 

Jeff Rafa 
Alyansa Laban sa Mina (ALAMIN) 
Mobile Phone: 09189443561, email: alamin_mnp@yahoo.com.ph





Posted 10/17/08
Calapan City - More than 4,500 anti-mining advocates formed a human chain along J.P. Rizal Street here on October 16 Thursday to urge President Macapagal-Arroyo, who arrived for a peace council meeting, to respect a mining moratorium. The human chain was timed by the multi-sectoral Alyansa Laban sa Mina (Alamin, Alliance Against Mining) for the arrival of Arroyo after lunch for the Local Peace and Security Assembly (LPSA) of the Mimaropa (Mindoro, Marinduque, Romblon and Palawan) region at the Filipiniana Hotel here.

Joining the protest were representatives from indigenous peoples' groups, the church, Rotary Club, cooperatives, barangay (villages), religious groups and academe. At the LPSA, a two-page position paper on ecology, food security and the threats posed by large-scale mining by the Intex Resources Corp./Aglubang Mining Corp. in Oriental Mindoro was presented to Arroyo by participants led by pastors of different parishes, leaders of people's organizations and civil society groups.

"We are alarmed by the prevailing situation of ecological crises and imminent destruction of the environment occasioned by a lack of respect for nature and the plunder of our natural resources by large-scale mining, with Mindoro island having a total of 92 mining applications as reported by the Mines and Geosciences Bureau (MGB) in January 2008," said the paper. A major concern has been the continuing exploration under the Mindoro nickel project of the Intex Resources and Aglubang Mining, "which critically threatens the food security and ecological integrity of Oriental Mindoro," the paper added.

The mining concession covers the Mag-asawang Tubig Watershed identified in Mindoro's Physical Framework Plan as the largest source of irrigation water for 40,000 hectares of collective rice land in Calapan. Anti-mining activists say the concession threatens the towns of Naujan, Baco and Victoria, and Calapan City, which had a combined rice production of nearly 170,000 metric tons in 2006, or about 50 percent of total provincial production, enough to feed more than 783,000 people for a year.

The paper said in 2000, the estimated agricultural productivity of Oriental Mindoro at farmgate price was P11.4 billion. Assuming that mining would adversely affect only 30 percent of the total productivity, the total loss of the province would be P4 billion, it said. The 9,720-hectare mining site also covers the ancestral domain claim of the Alangan and Tadyawan Mangyan communities, who stand to be displaced.

Two peoples' organizations hold certificates of ancestral domain claims within the mining concession and earlier passed a written opposition to mining. In July 2001, the Department of Environment and Natural Resources, through then secretary Heherson Alvarez, revoked the mining concession, citing the environmental and social impacts of the project.

But on March 10, 2004, the Office of the President revoked the notice of termination/cancellation earlier issued against the Mineral Production Sharing Agreement of Aglubang Mining Corp., despite a 25-year-mining moratorium declared by the provincial board on January 28, 2002. "Since the economic thrusts of the provincial government of Oriental Mindoro are anchored on food sustainability, ecotourism and the development of the agri-industry, the entry of mining operations is found to be detrimental to the sustainable development agenda of the province," the paper said.

"We appeal to President Macapagal-Arroyo to ensure that our mining moratorium is respected and to save our critical watershed presently being threatened by the mining operation of Intex and Aglubang Mining," it said.



Oct. 16, 2008 anti-mining rally in Calapan City.
Oct. 16, 2008 anti-mining rally in Calapan City.

Oct. 16, 2008 - anti-mining rally in Calapan City.
Oct. 16, 2008 - anti-mining rally in Calapan City.

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The site of mining in Victoria, Oriental Mindoro.
The site of mining in Victoria, Oriental Mindoro.

  Posted 4/4/08
Scroll at the bottom page for the latest news on mining.

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Posted 3/24/08 - date when this new page on mining was created....


Project Name










Mindoro Nickel Project (MNP), Victoria, Oriental Mindoro

  Company

I  International

Crew Gold, A/S, U.K.

   Local

Crew Minerals Philippines,

Aglubang Mining Corporation

 Mineral Output

40,000 tons of Nickel and 3,000 tons of Cobalt per year, Ammonium Sulphate as by product


  Threats of Mining:

1. Environmental

  • Destruction of critical watershed, loss of forest habitat, loss of biodiversity, pollution, sediment loads in river waterways. The mine site falls within a critical watershed area for four major river systems (Ibulo, Aglubang, Buraboy and Magasawang Tubig).

  • Siltation and sedimentation also threaten the rivers, mangrove areas, sea grasses, coral reef bases and other important ecosystems that support the livelihood of the people of this agricultural province.

  • Contamination of marine environment due to Submarine Tailings Disposal. Four (4) million tons of waste annually will be dumped into Tablas Strait!

  • There are also concerns on the plant’s effect on air quality. Foremost of these is the emission of carbon dioxide (CO2) caused by neutralization of sulfuric acid by limestone. And since there are 4 million tons of mine waste to be neutralized per year, what shall be the extent of CO2 emission process would generate for the entire 50 –year operation?

  • The plant site is just 3-4,000 meters away from the center of an inactive volcano in Dumali Point, based on the report of the Philippine Institute of Volcanology (PHILVOCS). There are also faultlines running inside the mine site (the Aglubang Faultline and the Central Mindoro Faultline).

Church rally against mining.
Church rally against mining.

The original Exploration Permit (“EP”) for the Mindoro project was issued in 1997 and renewed in March 1999 for additional two years. It was the first EP to be renewed in the Philippines under the new Mining Law. Subsequently, in December 2000, Aglubang Mining Corp was granted a Minerals Production Sharing Agreement (docketed as MPSA No167- 2000-IV) covering a large part of the most developed project area, and securing the Company rights to develop and exploit the resource over a 25-year period subject to certain conditions. The remaining parts of the concession area were included in another MPSA application by Alag-Ag Mining Corp. (“AMI”).

The full concession area is controlled by the Aglubang and Alag-Ag Mining Corporations, respectively, which are owned by a consortium of Crew Minerals AS and a group of Philippine partners. A pre-feasibility study on the Mindoro Nickel project was completed by Kvaerner Metals, Australia in August, 1998 and it is now in a feasibility stage.


People’s Strong Resistance:

A very broad coalition of Mindorenos (people of Mindoro Island) opposed to the mine joined together in May of 1999 to form the organization ALAMIN ‘Alliance opposed to the mine’. It included civil society groups, Roman Catholic and Protestant church leaders, NGOs, peoples organisations, schools, teachers and students, mountaineers and environmentalists, peasant groups, human right advocates, Mangyan federations (representing indigenous people’s), elected officials at various levels of government and villages. Several other national and regional NGOs, tribal councils and elected officials campaigned alongside ALAMIN.

The people’s unified stand against the Mindoro Nickel Project and their opposition to the entry of any mining operation in the province were clearly articulated in the Ordinance promulgated by the Provincial Council of Oriental Mindoro declaring a mining moratorium in the province. The Sangguniang Panlalawigan Ordinance, passed on January 28, 2002, explicitly forbids all forms of mining in the province, stating that “it shall be unlawful for any person or business entity to engage in land clearing, prospecting, exploration, drilling, excavation, mining, transport of mineral ores and such other activities in furtherance of and/or preparatory to all forms of mining operations for a period of twenty-five (25) years.” Exempted from the moratorium is the excavation of ordinary stones, sand, gravel earth and other materials, which are operated by small-scale miners.


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The Pro-Mining Policy of the National Government:

In spite of its obvious social unacceptability and serious environmental concerns, the mine was approved in December, 2000 by the Department of Environment and Natural Resources (DENR) in the last days of the regime of President Estrada, who was facing hearings for corruption. In January of 2001, President Estrada fell to the people power revolution, shortly, after which there were huge protests in Mindoro against the approval of the mine.

In July of 2001 the Department of Environment and Natural Resources, under the new government of Gloria Macapagal-Arroyo, revoked the mining concession on environmental and social impact grounds. Then DENR Secretary Alvarez explained his decision and that of President Arroyo as being based on the need top protect critical watersheds, to protect the food security of the Mindorenos (local communities), and to respect the social unacceptability of the project. “The Mindoro Nickel Project is one case where sustainability is bound to fail…President Arroyo is fully aware of the situation. …what does it gain the nation to be short sighted and merely think of money, when an irreparable damage to the environment will cost human lives, health and livelihood capacity of our farmers and fisherfolks endangering the food security of our people,” (Heherson Alverez, Philippine Star, November 13, 2001).

The MNP had been rejected overwhelmingly by the people of Mindoro and even by all the local government units. This strong opposition of the people had been one of the decisive factors in the DENR’s decision to cancel the MPSA.

However on March 10, 2004, the Office of the President revoked and set aside the Notice of Termination/Cancellation earlier issued against the MPSA (Mineral Production Sharing Agreement) of Aglubang Mining Corporation. What explains the sudden turn-around of government policy? It is quite surprising that the Office of the President will reverse its decision long after the people’s victory had been won.


In November 13, 1998, during the period that Mindex was applying for a renewal of the exploration permit, an application for a mineral production sharing agreement (MPSA AMA-IV-097 and MPSA AMA IVB-103) was submitted by the Aglubang Mining Corporation, covering the same areas being explored by Mindex in Victoria, Oriental Mindoro and Sablayan, Occidental Mindoro. Aglubang Mining is one of the subsidiaries of Mindex ASA, owning two-third of the concession area.

In February 29, 2000, a Canadian company, Crew Development Corporation has acquired 97.7% of the shares of Mindex ASA, making the former the surviving corporation by virtue of the merger. Mindex changed its name to Crew Minerals Philippines Inc. (CMI).

The Mindoro Nickel project is now a large nickel-laterite project in the Philippines developed by Crew. The property is held by Aglubang Mining Corp. Inc (“AMC”) a Philippine corporation. Crew has an option to acquire shares in AMC should the project qualify for an FTAA, where 100% foreign ownership is allowed in the Philippines as per a Supreme Court ruling in January 2005.


June 6, 2007 during a rally at Shangrila Makati to voice out the people's opposition against large scale TNC Mining. Al
June 6, 2007 during a rally at Shangrila Makati to voice out the people's opposition against large scale TNC Mining. Alyansa Laban sa Mina of Or. Mindoro joined the protest with Vice Mayor Castillet of Victoria.

Crew Gold Corporation, represented by its President and CEO, Jan A. Vestrum, had jubilantly proclaimed the Resolution coming from the Office of the President as signaling the revival of the Mindoro Nickel Project (MNP) and “the change in attitude of the Government of the Philippines towards mining, from that of tolerance to active promotion...”

On November 10, 2005, DENR Secretary Michael Defensor issued an order giving clearance for the exploration activities of Aglubang Mining Corporation subject to the following conditions: that Aglubang shall pursue a comprehensive information, education and communication campaign; that exhaustive social preparation work be conducted to address the opposition to the project; and that necessary permits should be obtained prior to operation. The order of Defensor is based on the alleged endorsement by the local sanggunians of the municipalities of Socorro, Victoria, Pola and Barangay Villa Cerveza.


Recent Developments

On January , 2006, Victoria Resolution was passed reiterating the stand of the Municipal Government of Victoria against mining. All Sangguniang Bayan members voted against the project, and only one was in favor. Subsequently, on January 23, 2006, Municipal Resolution No. 06-06 was passed by the Sangguniang Bayan of Pola, Oriental Mindoro and was approved by Mayor Alex Aranas reiterating their strong opposition against the Mindoro Nickel Project. The resolution clarified that the earlier Resolution No. 05-2005, used by Aglubang Mining Corporation and also made a basis for endorsement by Secretary Defensor was actually not an endorsement, but only an expression of posing no objection to the company’s request to conduct evaluation or feasibility study regarding the proposed establishment of processing plant and harbor facility in Pola. The Sangguniang Bayan believes that what happened is a case of “direct misrepresentation of the true intention of the said resolution.”

On January 30, 2006, a caravan-rally was conducted to celebrate the 4th Anniversary of the passage of the Provincial Ordinance calling for a 25 year moratorium on large scale mining in the province of Oriental Mindoro. Lead by the PGOM, the Church and the Alyansa Laban sa Mina, the rally showed the unity of all the sectors in the whole province against the Mindoro Nickel Project. The Provincial Governor of Oriental Mindoro, Atty Arnan C. Panaligan disclosed on 30 January, 2006 during the rally attended by some 12,000 people in the town of Pola, this province that the Provincial Government has issued a “cease and desist” order to the proponents of the Mindoro Nickel Project. The Provincial Government of Oriental Mindoro (PGOM) thru its Provincial Legal Officer Atty Lorrybelle M. Tanyag has demanded, ordered and directed the Aglubang Mining Corporation, subsidiary of CREW Gold Corporation, to immediately cease and desist from engaging and performing any activity related to mining within the vicinity of the Municipality of Victoria and other parts of the province of Oriental Mindoro, otherwise the PGOM shall be constrained to file the necessary legal action against the said Corporation.

On February 6, 2006, the Municipal Resolution No. 2005-21 of the Municipal Council of Socorro was passed denying the claim of DENR Secretary Defensor that the Municipality of Socorro is endorsing the mining project of Crew. On that same date, they also passed Resolution No. 2005-22, expressing their strong opposition to the proposed nickel mining in the island of Oriental Mindoro.


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Several meetings, talks and rallies already took place in the last two years to stop this mining project.
Several meetings, talks and rallies already took place in the last two years to stop this mining project.

THE MINDORO NICKEL PROJECT

History: Entry of the Project

On March 14, 1997, MINDEX Resources Development, Inc. was issued exploration permit by Mines and Geo-Sciences Bureau of DENR Region IV, awarding control to a 9,720-hectare concession in Sablayan, Occidental Mindoro for nickel/cobalt deposits. The mining site is bounded more proximately to the municipality of Victoria, Oriental Mindoro, along the watersheds of Ibulo, Aglubang and Buraboy, river tributaries to Magasawang-Tubig.

The project involves not only mining but also ore processing in Pili, Pinamalayan, using High Pressure Acid Leach (HPAL) and for its disposal, the Deep Sea Tailing Placement (DSTP) in Tablas Strait. Mindex estimates that the mine site would produce 40,000 tons of nickel and 3,000 tons of cobalt per year. In addition, during the mineral leaching process, 130,000 metric tons of ammonium sulfate are expected to be produced.


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. Economic

  • The province, at present, is considered the foodbasket of the mainland Southern Tagalog Region and Metropolitan Manila, producing P12 billion-worth of agricultural products annually. Last year, the Department of Agriculture ranked Occidental and Orientral Mindoro as the second and third largest food producing provinces in the country, respectively.

  • 70 % of the total area of provincial rice fields is dependent on four major rivers whose watershed areas are now covered by Mindoro Nickel Project. These watershed areas are now considered critical by the DENR. Flooding and erosion due to mining operation will affect the downstream agricultural lands

  • Degradation of fishery resources due to dumping of mine wastes in Tablas Strait. Ecosystem Research and Development Bureau says that Tablas Strait is one of the country’s most productive fishing grounds. In fact, the fish yield in 1999 was 350 tons a year, proving that fishery sector is one of the pillars of the provincial economy. The strait is also a migration route of a commercially important species of tuna.

3. Socio-Cultural

  • The mining application of Mindex-Crew overlaps with CADC No. 24 of the Alangan Mangyans and CADC No. 85 for the Tadyawan Mangyans, and a bigger CADC application of Alangans in Buraboy area. Displacement of Mangyan IPs, disrespect for their cultural beliefs and tradition, land-grabbing of their ancestral domains, undermining the right to self-determination, access by more people to Mangyan land.

  • The large-scale mining will undeniably cause drastic impacts on the life of the Mangyans. Since the traditional culture of the Mangyans revolve around their relationship with their land, the entry of mining operation will change the very foundation of their distinct existence as indigenous people. The destruction of the land from where they get their sustenance both physically and spiritually could forever alter their way of life and their traditional values that are deeply rooted on their autonomy and in the interdependence of all life.

  • A number of ALAMIN leaders have also been accused of being dissident-terrorists by the military. Until now, some leaders and anti-ming advocates are being put on surveillance.

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4. Health

  • Contamination of marine environment due to Submarine Tailings Disposal. Four (4) million tons of waste annually will be dumped into Tablas Strait!

  • The refining process, based on pre-feasibility studies, will expose the employees to hazardous substances like “various forms of nickel and cobalt metals, asbestiform minerals, acids and other process chemicals, and lime”. This problem may also affect the community in case of accidental leakage due to technical problems or due to tremors.

  • Furthermore the flaring and combustion of hydrogen sulfide prior to discharge as mentioned in Kvaerner Metals report would result to emissions of sulfur dioxide, a major cause of acid rain

Project loss of the community

  • 42% forest cover is needed to maintain the province’s balance ecology. Mining will take place in reforestration project of the DENR

  • Estimated agricultural productivity of Oriental Mindoro at present farm-gate ( year 2000) price is PhP 11,414,553,000.000. Assuming that MNP will adversely affect only 30% of the total productivity, the total loss of the province would be: PhP 4.027 Billion!!!

  • Employment of the rural agricultural workers as well as the fisherfolks will be severely affected because of the destruction that mining will cause on their primary resource base – the agricultural fields and the marine environment.

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National and Global Significance of the Area as Conservation Priority

  • Mindoro is considered as the 7th most important biogeographic zones in the world because of its high level of biodiversity and endemism. The island hosts at least 79 endemic fauna and 74 endemic flora.

  • The 2002 Final Report on Philippine Biodiversity Conservation identified Mindoro and particularly the mining site as extremely high conservation priority areas for plants and birds and terrestrial animals. In terms of importance level, the area belongs to extremely high terrestrial and inland water areas of biological importance.

  • Mindoro Island is one of the five identified Biogeographical Zones of the Philippines. The area under the Mindoro Nickel Project is at the heart of a once proposed Mangyan Heritage Park which is inhabited by enumerable species of flora and fauna many of which are considered endemic; not leaving out the famous TAMARAW (Anoa Mondorensis). Tamaraws were reported to have been sighted in the mining concession.

  • The risk of erosion and sedimentation from the mine site also threatens the fragile ecosystem of Naujan Lake; a declared national park by virtue of Presidential Proclamation No. 335 dated January 25, 1968. The tributary rivers from the mine site drain to the lake. Sedimentation and siltation during rainy seasons also threaten the ecology of Naujan Lake. The lake is home to the Philippine Freshwater Crocodile (Crocodylus mindorensis) which is included in the highly endangered wildlife lists of the International Union for the Conservation of Nature (IUCN) and of the Convention on International Trade of Endangered Species (CITES). It is also a route of migratory birds from China.

Alternative to Mining

  • Mindoro depends on agriculture for its development. The Department of Agriculture ranked Oriental Mindoro as the third largest food-producing province, and with Occidental Mindoro, it produces P12 billion-worth of agricultural products annually.

  • Since the economic thrusts of the Provincial Government of Oriental Mindoro are anchored on food sustainability, eco-tourism and the development of the agri-industry, the entry of mining operations is detrimental to the sustainable development agenda of the province. Oriental Mindoro’s Provincial Physical Framework Plan (1993-2002) specifically rules out the development of mining industry. The plan has been approved by the housing and land Regulatory Board.

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Republic of the Philippines

PROVINCE OF ORIENTAL MINDORO

City of Calapan

18 October 2006

HON. ANGELO T. REYES

Secretary

Department of Environment and Natural Resources

Visayas Avenue, Quezon City

Dear Sec. Reyes,

During your visit to Calapan City, Oriental Mindoro last 18 August 2006 to launch the Green Philippines Highway Project, we conveyed to you the strong and categorical opposition of the people of Oriental Mindoro to the proposed Mindoro Nickel Project being spearheaded by the Aglubang Mining Corporation. The Department of Environment and Natural Resources, in an Order dated 10 November 2005 signed by then Secretary Michael Defensor, reinstated the Mineral Production Sharing Agreement (MPSA) granted to Aglubang Mining Corporation to explore for nickel in a 2,290.6714 hectare contract area located in the Municipality of Victoria, Oriental Mindoro. This MPSA was earlier revoked by the DENR in a Notice of Termination/Cancellation of the Mineral Production Sharing Agreement of Crew/Aglubang Mining Corporation dated 16 July 2001 signed by former Secretary Heherson T. Alvarez.

You advised us to put in writing our opposition to the said MPSA reinstatement. Hence, we are submitting to you this letter on behalf of the people of Oriental Mindoro and we are appealing to you to effect the permanent cancellation of the MPSA granted to Aglubang Mining Corporation and the removal of the province in the list of the priority mining areas in the country for the reasons set forth herein:

  1. At the outset, we stress the undisputed fact that Mindoro Nickel Project does not have any iota of social acceptability on the part of the people of Oriental Mindoro. The entire political leadership of this province represented by the Governor, the Representatives of the two congressional districts of the province, all the 15 city/municipalities of Oriental Mindoro, have categorically and unconditionally opposed the Mindoro Nickel Project. Thus, these local Sanggunians have not issued any indorsement (sic) for the Mindoro Nickel Project.

Likewise, the Mindoro Nickel Project is overwhelmingly opposed by the local diocese of the Roman Catholic Church led by Bishop Warlito Cajandig. It is likewise opposed by all the other religious denominations in the province. The different civic organizations and non-government organizations in Oriental Mindoro have also manifested their vigorous opposition to the Mindoro Nickel Project. This strong social opposition on the part of the leaders and people of Oriental Mindoro should not be ignored.

  1. It is likewise undisputed that the contract area covered by the MPSA of Aglubang and Mining Corporation is within the watershed area. In fact, this was the finding and the ground cited by Sec. Alvarez in his Notice of Termination/Cancellation of MPSA dated 16 July 2001 where he asserted that “the area it covers falls within an important watershed area requiring the protection of the DENR.” Significantly, this vital pronouncement was not disputed or contradicted by Sec. Defensor in his Order reinstating the MPSA dated 10 November 2005. The very law invoked by mining proponents, Republic Act 7942, otherwise known as the Philippine Mining Act of 1995 expressly provides in Section 19 thereof that among the areas closed to mining agreements are watershed areas. The proposed mining area of the Mindoro Nickel Project being within a watershed area justifies the permanent cancellation of the subject MPSA.

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  1. You are aware of the devastating floods that submerged the entire Calapan City and large parts of Naujan and Victoria in Oriental Mindoro last December 7, 17 and 27, 2005. We experienced these three successive floodings when Aglubang River was flooded due to heavy monsoon rains in that area. Vast agricultural, residential and commercial areas were flooded that almost devastated our local economy.

In all these disastrous floodings, the common denominator was the overflowing of the Aglubang River. The source of the headwaters of Aglubang River is precisely the mining site of the Mindoro Nickel Project. No other justification or explanation on the part of mining proponent can alter or hide this fact. The strong rains that fell in the Aglubang watershed area, the proposed mining site of the Mindoro Nickel Project, caused the overflowing of Aglubang River which in turn submerged Calapan City and the towns of Naujan and Victoria. This fact alone proves the fragility of the environment of the Aglubang watershed area where the mining contract area is located.

If today, heavy monsoon rains in the Aglubang area already cause disastrous floodings in our floodings in our province, how much more when this watershed area is disturbed and the trees therein removed so that is can be mined.

If the area above Aglubang River, which is the contract area covered by the MPSA will be mined, it would not be difficult to foresee the catastrophic consequences to the people of Oriental Mindoro and their communities. Calapan City, and the towns of Naujan and Victoria will not only be flooded but would be practically erased from the map as they would be inundated not merely by waters but by muddy soil from mining excavations.

We therefore appeal to you to protect the lives and safety of the people of Oriental Mindoro and not to allow the alleged monetary benefits of the proposed Mindoro Nickel Project to take precedence over the survival and welfare of our people. In the words of Sec. Reyes, “no amount of mitigating measures can take away the risks faced by these areas . . . what does it gain a nation to be short sighted and merely think of money when an irreparable damage to the environment will cost human lives, health and livelihood capacity of our farmers and fisherfolks endangering the food security of our people?”

Indeed, what will be the gain to the nation of the Mindoro Nickel Project when it will lead to the destruction of an entire city and towns that are producing and supplying food to Metro Manila and to the Southern Tagalog area.


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  1. In his Order dated 10 November 2006 reinstating the MPSA, Sec. Defensor relied on the alleged favorable endorsements of the Mindoro Nickel Project given by the concerned local government units, such as the towns of Socorro, Victoria, Pola. This is totally false and misleading. No municipality in Oriental Mindoro has given any endorsement to the proposed mining project. Attached are the resolutions of the Sangguniang Bayan of the municipalities of Socorro, Victoria, Pola vigorously opposing the Mindoro Nickel Project that were passed after the issuance of the 10 November 2005 Order precisely to dispute the claim of Sec. Defensor in said Order.

With the repudiation by the concerned Sangguniang Bayan of their alleged favorable endorsements that were relied upon as one of the grounds for the reinstatement of the MPSA, the 10 November 2005 Order has suffered from a serious blow.

Considering the foregoing premises, we earnestly appeal to you to permanently cancel the Mineral Production Sharing Agreement between the Philippine Government and the Aglubang Mining Corporation and the removal of the province of Oriental Mindoro in the list of the priority mining areas in order to protect the fragile environment of the province, particularly the Aglubang watershed area and to save the lives and properties of thousands of residents of the province.

Thank you and best regards.

Very truly yours


ARNAN C. PANALIGAN, Provincial Governor

MOST REV. WARLITO I. CAJANDIG, D.D., Apostolic Vicar of Calapan

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Here are additional notes from Write-up published by apostolic Vicariate of Calapan - Ecology Campaign...

British journalist, Ian MacKinnon visited Mindoro and he came up with an article published in one of the UK's leading newspaper, The Guardian, on August 20, 2007.  He reported about the displacement of the Mangyans from their ancestral land, the disastrous effects of mining in terms of flooding, pollution due to tailings, destruction of farmlands and fishing grounds, among other issues.  

Apart from the dismay over the trampling of Mangyan rights, there is widespread alarm that Crew's nickel and cobalt mine could adversely affect the farmland that makes Mindoro a nationally important area of rice.  The opencast mine that will strip the topsoil and process one down to 15 meters is crossed by two rivers. 

In Villa Cerveza, in the eye of the controversy, the mining firm won grudging support from impoverished inhabitants.  Crew brought electrification and medical services.  However some residents are not convinced. . Mindoro suffered cataclysmic flooding in late 2005 and environmentalists believe up;and areas stripped of vegetations by the mining could leave the basis open to flash floods.  Crew says it plans to strengthen riverbanks.  But for a yearly haul of 40,000 tons of nickel and four tons of cobalt, four million tons of waste "tailings" will be dumped on a land site.  

In Marinduque in 1996, a mine spewed 4m tons of poisonous grey sludge into a river, causing the deaths of two children and affecting 20,000 villager.  

In Mindoro, jobs will be for those with mining expertise, from outside the province.  Mindoro will bear the full brunt of the costs and see none of the benefits.



Norwegian Nickel Publicity on the Philippines  

(Publisert 30.03.2008) 

Intex Resources has changed strategy and is now carrying out an information campaign towards the population on Mindoro. In this manner it intends to prevent local opposition from spoiling its project plans. 

(First published in Norwegian 27 March 2008) 

By Erik Hagen

Norwatch

 

The Norwegian mining company Intex Resources (formerly Crew Minerals) is hoping that its nickel project on the Philippine island of Mindoro will be the largest of its kind in the world. The project plans have changed several times since the company obtained its first permissions, and it is now launching a campaign to inform about the latest development. The starting time is fixed for 2011 at the earliest.

 

So far, however, the local population has objected.

 

The most serious of the opponents, provincial governor Arnan Panaligan, informed Norwatch last year that they planned to go to court to stop the project. He says the plans are in conflict with a local moratorium that forbids mining operations. The governor is especially concerned that the industry will result in flooding of the island’s farming areas.Intex does not believe that the matter will go so far as legal proceedings. “The local authorities are well on the way towards becoming positive to the project,” Managing Director Hans Christian Qvist said in answer to questions from Norwatch at an open information meeting in Oslo about the Mindoro project on February 26th. “All the three members of Congress from Mindoro are now positive, even though a few mayors here and there are still against it,” according to Qvist.He further said that, of the two governors on Mindoro, one is ready to change his opinion, whereas they still have to “work a little more on” the other one. He explained that the company at the end of last year started an information campaign based on the latest version of the project plans. The campaign is aimed at all central stakeholders, such as the local population, local organizations and religious communities, and the authorities in the Philippines and Norway. The company believes that they so far have convinced many of the local authorities and residents.

 

Qvist said that until now there have been many misunderstandings with regard to what the project entails, and that those on Mindoro who have counteracted the company’s plans base their arguments on old project plans. “Most of the negative publicity has probably been our own fault. They are opposed because we have done poor job of informing the local population,” Qvist said.

 

Continues in Any Case 

In November 2007 Norwatch wrote that when the Norwegian ambassador, Ståle T. Risa, visited the project area on Mindoro, one of his conclusions was that the company will have problems obtaining a required permit, a so-called Environmental Compliance Certificate (EEC), since this presupposes local support. The ambassador found little such support on the island.“True, an EEC is supposed to have local approval. But endorsement from the governor is not necessary to obtain an EEC,” Qvist said.

 

“Will you continue with the project if you finally get approval from the local authorities but the population living in the area in question continues to resist?” “There is no conflict between the mining plans and the population,” Jon Steen Pedersen, Chief Geologist and Vice President, answered.” Only 180 families live in the area, and they are all nomadic. They don’t live where the mining operations will take place.”

 

He referred to the fact that a Memorandum of Understanding had already been entered into with the tribes on the licence area and said that all the meetings the company had had with the tribal leaders had been positive.“This project will be carried out. Sure thing,” Qvist said.Intex Resources has five ongoing projects. The nickel project on Mindoro is the largest and most important. A lot is therefore at stake.

 

Useful Peace Role

 

“The Philippines has had a great deal of bad experience with regard to mining operations from the time before the new legislation was passed. At that time there was often poor dialogue with the indigenous population and local authorities,” Victoria Bataclan, the country’s ambassador to Norway, explained. “But in the new framework the authorities have done much to provide dialogue and understanding of people’s local needs,” according to the ambassador, who also participated at the information meeting.

 

According to Bataclan, the Philippines is well on its way to becoming one of the world’s ten most important mining countries, with large deposits of gold, nickel, and chrome. Today, 1.5% of the country’s surface area is covered by mining licences. The Philippines has been troubled by unrest for several years. Communist- and religiously-based insurrection groups, especially in the south, have been in conflict with the central government. One of the places the Communist guerrilla has stayed has been precisely on Mindoro.

 

Since 2001 Norway has been the official facilitators for peace talks in the island nation. Precisely that can be advantageous for the company. 

“The Communist movement on Mindoro would not dare oppose a project from the country that supports the peace process in the Philippines,” Ambassador Bataclan said.   

http://www.norwatch.no/index.php?artikkelid=1707&back=1

 


Posted 8/6/08

Friends & Partners,

Below is an article that recently appeared in a column in Manila Times, quoting
my report verbatim.

FYI.



INDIGENOUS PEOPLES’ FREE, PRIOR AND INFORMED CONSENT
 
Saturday, August 02, 2008
 
NATURE FOR LIFE
By Anabelle E. Plantilla
 
Fr. Edwin Gariguez of the Mangyan Mission prepared an interesting case study on “manufactured free, prior and informed consent (FPIC)” in relation to the operations of the Mindoro Nickel Project of Crew Minerals/Intex Resources and Aglubang Mining Corporation. One of the most important provisions of the Indigenous Peoples Rights Act (IPRA) is the requirement to obtain the FPIC of the indigenous communities before any outside project, program or activity can be undertaken in areas within  their ancestral domain. The National Commission on the Indigenous Peoples (NCIP) came up with the implementing Guidelines in operationalizing the conduct of obtaining the FPIC, promulgated in its Administrative Order No. 1, Series of 2006. The Guidelines provides for a step by step process for securing the FPIC of the indigenous peoples on plans, programs or activities to be introduced into any ancestral domain area, including the exploration and large-scale  development or utilization of natural resources within their ancestral land/domain. The said Guidelines purportedly aim to protect the rights of the indigenous peoples and claims to ensure effective procedure for decision-making
process for the IP communities.
 
The Guidelines, in itself have some positive features, but they are also full of loopholes and difficult procedures that work to the detriment of the IP communities in pursuing their  self-determination and in protecting the ancestral domain ecosystem from the entry of large-scale mining investments being promoted by the national government. To add insult to injury, the NCIP has generally been accused of reneging on its duty to protect the rights of the IPs. More often than not, NCIP officials are perceived to be subservient lackeys of the mining companies. The seeming failure of the NCIP to truly serve the indigenous
communities was expressed in the national consultation among the IP leaders all over the country among the network organizations of the Episcopal Commission on the Indigenous Peoples (ECIP) under the Catholic Bishops’ Conference of the Philippines (CBCP) held in May 2008.
 
In the given context, the recently released NCIP Guidelines is regarded as another attempt to water down the FPIC requirement. In one forum about the matter, the NCIP representative admitted in his
presentation that the Guidelines intend to “provide a faster and simplified process for [mining] applicants to obtain FPIC of the affected cultural communities, as well as the clearance from the NCIP.”
 
Clearly, the process of securing FPIC, under the new NCIP Guidelines has now become a handy strategy to facilitate the peaceful and unhampered access and to effect a long-time tenure of the mining companies within the indigenous peoples’ lands as intimated by NCIP Chair Eugenio Insigne in his speech before the key leaders of mining industry on November 19, 2007.
 
Section 6, A1 of the Guidelines prescribes that FPIC should be obtained for “large-scale development, exploitation and utilization of land, water, air,and other natural resources within ancestral domains/land.” The additional exploration area being applied for by Aglubang and Crew/Intex Resources, comprising of more than 7,000  hectares is within the ancestral domain of the Mangyan indigenous communities, thus, the company is obliged by the law to secure the FPIC of the Mangyan communities before they can begin their exploration or any activity within the area.
 
However, the FPIC process no matter how elaborately packaged and formulated in the present Guidelines, does not guarantee the exercise of freedom and self-determination of the indigenous communities in the decision-making process. Under the prevailing set up, the NCIP officials, in most cases, are suspected of professing their loyalty to the mining companies and not to the indigenous peoples whom they are supposed to represent. This situation is compounded by the fact that most if not all other officials of the national government, including the President of the Philippines herself, act in their official capacity as avid
promoters of the mining industry.


http://earthjedi.blogspot.com/

A mock funeral for Intex - October 2009 in Calapan City.

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