LRC leads call for more safeguards as govt ramps up transition mining

Community leaders, lawmakers, local chief executives, and support groups gather for the First National Congress on Transition Minerals organized by LRC.

Several lawmakers and local chief executives called for a strategic plan for managing the country’s 'transition minerals’, which have risen in demand as the world transitions to clean energy. The Philippines has significant deposits of nickel, cobalt, manganese, copper and silver, metals and minerals used in the production of different renewable energy technologies, such as electronic vehicle batteries, wind turbines, and solar panels. 

In a speech delivered at the First National Congress on Transition Minerals, organized by the Legal Rights and Natural Resources (LRC), Congresswoman Kaka Bag-ao, of the lone district of Dinagat Islands, highlighted the need to protect the environment and uphold human rights amid the government’s push for transition mining.

Cong. Kaka Bag-ao

“I did not come to this issue as a policymaker.  I came as a lawyer called by communities.  Bago ako naging Kongresista [Before I became a lawyer], I was an alternative lawyer walking with farmers and fisherfolk from Dinagat, Sumilao, Laguna de Bay, Manila Bay. Lanuza Bay, Aurora, South Cotabato and many other areas.  I saw how multi-billion mining companies hire top law firms, public relations machinery, and even fake community endorsements.  Meanwhile, communities walk miles just to attend consultations they were never asked to speak in,” Cong. Bag-ao said. 

“One of the ironies of the clean energy transition is its mineral intensity. It is unfortunate that to combat the climate crisis, an exponential 500% increase in the demand for transition minerals is required in the transition to renewable energy. Most of these minerals and metals can be found in indigenous territories. Indigenous peoples’ negative experiences with mining in the past should push the government to institute environmental and social safeguards against mining,” said Atty. Mai Taqueban, executive director at LRC. 

Atty. Mai Taqueban

A research paper by LRC found that in 2020, the Philippines was the second largest supplier of nickel at 14%. Used in all clean energy technologies, nickel is increasingly becoming one of the transition minerals for the switch to renewable energy. It also has 4 billion MT of copper (another transition mineral for electric vehicles and power distribution), making it the world’s fourth largest copper reserve. It boasts the fourth largest reserve of cobalt, which is used in the production of electric cars and EV batteries.

Palawan has rich nickel deposits, which is a reason for concern for Vice Mayor Mary Jean Feliciano, of Brookes Point. “Walang responsableng pagmimina sa ating bansa dahil sa korapsyon. Maganda ang mga batas pangkalikasan subalit hindi naipapatupad dahil may nasusuhulan [There is no responsible mining in the country because of corruption. Our environmental laws are good but they are not enforced because some people can be bought],” said Vice Mayor Feliciano.

Vice Mayor Jean Feliciano

In Mindanao, a large-scale copper (and gold) mining project is threatening watershed systems and irrigation for agricultural production. Mayor Leonard Escobillo, RN, of Tampakan, South Cotabato, sent a message shared by Sangguniang Bayan member Michael Escobillo, appealing to the government “to amend our national laws with regards to large-scale mining, particularly the right of LGUs to regulate and impose necessary legislation as measures for protection.” 

Mayor Fely Pedrablanca of Tubajon, Dinagat Islands, represented at the forum by Sangguniang Bayan member Roderick Bacol, sent a statement where she said “Water is life, and we cannot accept a definition of development that allows mining claims and adjacent operations to threaten our vital watersheds. Our pursuit of sustainable development is fundamentally blocked because our homes, conservation sites, and watersheds are trapped within decades-old mining claims under Proclamation 931 dated March 13, 1939.” 

For LRC, the solution to the issues around transition mining, and mining in general, is the Alternative Minerals Management Bill (AMMB). Filed in the 20th Congress by Congressional Representatives Perci Cendaña, Dadah Ismula, Chel Diokno and Kaka Bag-ao and by Senator Risa Hontiveros, the AMMB seeks to repeal the 1995 Mining Act and introduce a comprehensive plan for managing the country’s mineral and metallic resources. 

Cong. Perci Cendaña

Rep. Cendaña said that, “Kailangan nang repasuhin itong Mining of Act of 1995 at palitan ng AMMB, isang malinaw na polisiya na pro-environment, pro-indigenous peoples, pro-human rights, at pro-national industrialization. Sa kasalukuyan kasi, napakalaking perwisyo ang dinudulot ng pagmimina pero halos walang benepisyo tayong nakukuha. [We need to repeal the 1995 Mining Act with the AMMB, which is a policy that is clearly pro-environment, pro-indigenous peoples, pro-human rights, and pro-national industrialization. At present, mining causes so much harm, with very little benefit. The AMMB will prevent the most harmful effects of mining operations in our communities, and ensure that in instances it is permitted, it has to follow strict guidelines that respect local communities, environmental safeguards, and respect indigenous peoples’ right to self-determination."

Community advocates Beth Ibañez, from Romblon, and Christel Yparraguirre, from Surigao del Sur, called for the passage of the AMMB. 

Christel Yparraguirre

“When considering mining transition minerals to supply globally, the government should consider the irreparable cost of human lives and environmental damage over the benefits,” said Christel Yparraguirre. 

Elizabeth Ibañez

“Ang transition ay hindi kailangan man magiging makatarungan hanggat may nasisirang kagubatan, katubigan, taniman at pangisdaan. Taliwas ito sa sinasabing gustong mararating ng pamahalaan na pababain ang epekto ng nagbabagong klima, bagkos magpapabiis ito” [The transition will not be just if forests, rivers, farms and fishing areas continue to be destroyed. This goes against the goal of the government to mitigate the impacts of climate change; in fact the transition will hasten [climate change],” said Elizabeth Ibañez.