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First Posted on Inside Mindanao (www.insidemindanao.com) on November 6, 2008

Dev't Agency urges BHP Billiton to conduct new mining consent process
By Ellen Red

Catholic Agency for Overseas Development (CAFOD), in its latest report, urged BHP Billiton, the world's biggest mining company; to conduct a new consent process for the mining project in Mati City, Davao Oriental.

BHP Billiton is reportedly planning to develop a nickel mine and processing plant in Mati worth US$22.7 billion. Production is expected to begin in 2014.

In its report entitled "Kept in the Dark: Why its time for BHP Billiton to let communities in the Philippines have their say", CAFOD said that a new consent process is needed "so that they (community) can make decisions based on independent information."

CAFOD reported that the consent process conducted in 2001 to secure approval for the project from the indigenous peoples, as required by Philippine law, "was so seriously flawed that it cannot be considered valid."

The following are the basis for the invalidity of the consent process, the group said: authority of the indigenous leader who gave consent for mining is in question; indigenous leader was allegedly on the payroll of AMCOR, BHP Billiton's joint venture partner; individuals were prevented from speaking out; and some indigenous groups known to oppose mining were deliberately excluded from the process. Also the group said, "BHP Billiton has failed to give people sufficient information about the project and all its potential impacts."

Considering that the mining project falls between two nationally–designated protected areas: Pujada Bay and Mt. Hamiguitan, CAFOD cited the following potential dangers to the environment and to local livelihood:

"Mining development in this area of rare and endangered species, including the Philippine Eagle, could lead to irreversible loss of biodiversity.

"Mining could lead to increased soil erosion, landslides and flashfloods.

"Pollution from mine waste or chemicals could endanger the livelihood of 65,000 people from communities that border Pujada Bay."

VOICES FROM THE COMMUNITY
In an earlier interview, Virginia Granada, chairperson of Siete Altaris Farmers Association, Inc. and a member of Mt. Hamiguitan Protected Area Management Board, said, "Gipanghingusgan namo nga dili gyud mabutangan ug minahan (ang Mt. Hamiguintan ug kasigbit nga dapit) nga maoy maka–distruso gyud sa kinaiyahan (We are campaigning that no mining operation be conducted [at Mt. Hamiguitan and its vicinities] as this only brings forth destruction to the environment)."

Datu Manaol, one of the tribal leaders in Mati City, said in an interview that they were able to stop the logging operation in the buffer zone of Mt. Hamiguitan for just a year of campaign (in 2001). Since 2002 up to this day, Datu Manaol said they have struggled to stop the mining operation in their area.

For her part, Aurora Malinta from the Ata tribe told Inside Mindanao that she attended a couple of public consultations on the planned mining project. However, she said that the women who attended the said public consultations were never asked of their opinion and stand on the mining issue.

"The men (who attended the public consultations on the planned mining operation) were the only ones asked," she said.

In 2002, Rupino Mapinogos, representing the Mandaya in barangay Macambol; and Rogelio Lemente, representing the Mandaya–Manobo in barangay Kabuaya signed a document called "Free and Prior Informed Consent", thereby granting seven mining companies "to explore, develop, and utilize all the minerals that may be found within the areas covered.... " These seven mining companies later sold their rights to AMCOR.

In an interview with Inside Mindanao, Mr. Lemente, said, "Let us give the mining companies a chance to prove that their mining operation is not hazardous to the people and environment."

END