As Section 12 of EO 79 relegates to the courts what is supposed to be within the local government unit’s power to exercise authority, the Bayan leader asked, “Where will LGUs turn to if foreign and big mining corporations file cases against them?”
By ALEX D. LOPEZ
Davao Today
DAVAO CITY, Philippines — Mining corporations that complain they are affected by local ordinances banning large-scale or open-pit mining may invoke a section in Executive Order 79, to raise a question in the court against a local government.
The provision referred to is Section 12 of President Benigno Aquino III’s new mining policy, which directs local government units to conform to policies issued by the national government, Wilfredo Moncano, Chief of the Mine Management Division under the regional Mines and Geosciences Bureau (MGB-X1) announced recently at a press briefing.
Citing the case of mining company SMI/Xstrata in South Cotabato, Moncano said the latter could question the local government’s anti-open pit mining in court or in any proper forum.
EO 79 was signed by President Aquino on July 6 declaring that its goal is to implement reforms in the country’s mining sector, as well as guidelines “to ensure environmental protection and responsible mining.”
But Sheena Duazo, spokesperson of Bagong Alyansang Makabayan (Bayan)-Southern Mindanao Region said this is deceptive.
As Section 12 of EO 79 relegates to the courts what is supposed to be within the local government unit’s power to exercise authority, the Bayan leader asked, “Where will LGUs turn to if foreign and big mining corporations file cases against them?”
Surely, local government units (LGUs), she said, will be hard put at fighting any opposition against large-scale mining, in terms of resources and capabilities, a proof that indeed EO 79 is favorable to large-scale mining.
Besides, local government units, she further pointed out, will now be forced to pass directives on mining that conform to the policy or any law promulgated by the national government because such section in EO provides so.
“This is paving the way and supporting the operations of big foreign mining corporations,” Duazo said, adding that Malacañang, by way of EO 79, is clearly only putting in its control matters related to the entry of foreign large-scale mining in the country.
Duazo urged the LGUs to stand against EO 79 and call on its constituents to rally behind their very own resolutions and ordinances that prohibit the entry of large-scale and destructive mining in their communities.
In Davao City, the Dutertes have expressed staunch opposition against mining, declaring Davao a “No Mining Zone.”
Davao City Vice Mayor Rodrigo Duterte reiterated his position at a recent press briefing saying that he will never approve should mining companies seek clearance from him.
Meanwhile, environmental group Panalipdan also believes such provision usurps the autonomy of local government units.
“If a locality has an ordinance prohibiting mining, it is an expression of the power of LGUs to govern the management of the natural resources within their territories. They cannot question that,” Juland Suazo, spokesperson of Panalipdan said, adding that local autonomy, under the constitution is also granted to the LGUs. (With reports from Marilou Aguirre-Tuburan/davaotoday.com
