Scrap the Philippine Mining Act of 1995! Defend Ancestral Lands!

Reference: Beverly L. Longid, Co-Convener, Panaghiusa Philippine Network to Uphold Indigenous Peoples’ Rights

Today marks the 30th anniversary of the Philippine Mining Act of 1995 (RA 7942) which has exacerbated development aggression against Indigenous Peoples in the name of false ‘development.’ Its history of implementation is marked by militarization, disasters, displacement, and poverty in communities. The extractive industry operates to serve the interests of the local elite and foreign corporations while trampling on the rights of Indigenous Peoples. 

Under the Duterte administration, Executive Order No. 130 lifted the nine-year moratorium on new mining applications, leading to a resurgence in mining activity in the guise of raising government revenues. President Ferdinand Marcos Jr.'s administration has continued to promote the mining sector as a cornerstone of the nation’s economic development. 

While Marcos Jr. calls for “responsible mining,” his proposed reforms to the Philippine Mining Act still focus on profits over rights. The mining industry’s contribution to the nation’s gross domestic product (GDP) remains minimal. Between 2001 and 2020, its share of GDP averaged just 1.02 percent.

The push for a ‘new fiscal regime’ for mining raises is no different because it still benefits foreign corporations without contributing to genuine national industrialization. The Financial and Technical Assistance Agreement (FTAA) allows 100% foreign ownership of mining projects in the Philippines. 

Large-scale mining operations have led to human rights violations and the destruction of ancestral lands, resulting in the displacement and marginalization of many Indigenous communities. 

The Marcos Jr. administration recently approved 76.4 million dollars (4.42 billion pesos) from the Maharlika Investment Fund to the Makilala Mining Company owned by the Australian company Celsius Resources. This company will operate in Kalinga province, which has been a target of destructive projects. History has shown how these projects have contaminated vital rivers, harmed local agriculture, and displaced communities. 

The state’s response to these concerns has been alarming for many local communities. The opposition of communities against these destructive projects often escalates to militarization with the deployment of state forces, recruitment to paramilitary groups, and collusion with private armies. The reported cases of aerial bombings and aerial strafing under the Marcos Jr. administration are within ancestral lands where mining companies operate. 

The Armed Forces of the Philippines engaged in two aerial strafings in Oriental Mindoro, leading to the forced displacement of communities. The military presence in the Mindoro region has escalated following the expansion of extractive industries and energy projects encroaching on Mangyan ancestral lands. Militarization unfolds to clear ancestral lands for the entry of destructive projects, such as mining, without Free, Prior, and Informed Consent (FPIC).  

The situation underscores the urgency of scrapping the Philippine Mining Act of 1995, which continues to prioritize foreign interests over the welfare of the Filipino people and the protection of the country’s natural resources. Rather than benefiting the nation, it has entrenched the exploitation of the environment and local communities.

The Panaghiusa Philippine Network to Uphold Indigenous Peoples' Rights calls for the repeal of the 1995 Philippine Mining Act and the adoption of alternative policies that prioritize national industrialization, environmental protection, and Indigenous Peoples’ rights. We advocate for the passage of the Alternative Minerals Management Bill (AMMB) and the People’s Mining Bill as alternative laws that address the social and environmental harms caused by large-scale mining operations in the Philippines.