The Mass Movement Against Open-Pit Mining in the Cordillera*

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2 The Mass Movement Against Open-Pit Mining in the Cordillera* Jessica K. Cariño CSC Issue Paper Series 12 Steven Rood Series Editor *A preliminary version of this research report was presented at the Fourth International Philippine Studies Conference, 1-3 July 1992, Australian National University, Canberras, Australia. The CSC Issues Paper Series publishes papers and presentations from Consultation-Dialogues sponsored by the Governance and Public Policy Program of the Cordillera Studies Center and funded by the Ford Foundation.

3 First Printing August 1993 Second Printing October by Cordillera Studies Center All rights reserved. Published The views expressed in this publication are those of the authors and do not necessarily reflect those of the Cordillera Studies Center. Book Design & Layout: Giovannie R. Rualo and Herbert V. Nalupa Text composed in Century SchoolBook, Footlight, Monotype Corsiva & Times New Roman Typeset using MSWord 97

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5 Issue Paper Series no. 12 TABLE OF CONTENTS Page Editor s Preface Introduction People s Organizations vis-à-vis Non-Government Organizations The Issue: Open-Pit Mining The Key Actors The Company and What it Stands to Gain The People and What They Stand to Lose The Department of Environment and Natural Resources The Environmental Issues The Mass Movement Against Open-Pit Mining The Early Resistance The DENR s response Escalation of the People s Resistance The Municipal Government s Response The Tri-Sectoral Memorandum of Agreement Resumption of the People s Resistance A New Level of Struggle Focus on Barangay Ucab PO-NGO Relations The International Water Tribunal Verdict The Movement to :Save Itogon The Permanent People s Tribunal Verdict Summary and Conclusion Selected References i

6 The Mass Movement Against Open-Pit Mining EDITOR S PREFACE This Issue Paper is the second to the last to be published by the Cordillera Studies Center as part of its research-extension program entitled Citizens, Local Officials, Non-Government Organizations and their Impact on Development Policies in Ifugao and Benguet. The program of activities was made possible by the Ford Foundation. Previous Issue Papers have concentrated on documenting presentations and interactions which occurred at Consultation-Dialogues of various sorts. The Issue Paper and the one which follow will concentrate instead on reporting of research by Professor Jessica K. Cariño. Here we deal with citizen resistance to open-pit mining in Itogon Municipality (which adjoins Baguio City). Issue Paper No. 10 also Dealt with this topic, since it documented General Assemblies of the Itogon Inter-Barangay Alliance (IIBA). IIBA is an alliance of People s Organizations which opposed open-pit mining. This Issue Paper No. 12 now documents how citizens formed peoples organizations (POs) to fight open-pit mining in their communities. These POs were then aided by Non- Government Organizations (NGOs) based in Baguio City. This paper explores how much impact these efforts had on the policy of the Department of Environment and Natural Resources. We feel these research results are important for understanding citizens input into environmental policy. ii

7 Issue Paper Series no. 12 INTRODUCTION The contemporary history of the Cordillera people revolves around the themes of oppression and resistance. The Cordillera ethnic communities are among the most marginalized sectors of Philippine society. One view holds that oppression of the Cordillera people is systematically carried out by the dominant interests in the Philippines through the state. One of the concrete manifestations of this oppression is the state policy of viewing the Cordillera region principally as a resource base. Throughout the post-war period, there have been numerous occasions wherein local communities were uprooted, without proper provision for their relocation, to pave the way for the implementation of so-called development projects. In the 1970s, the Chico dam and the Cellophil projects exemplified this state policy. Interests of the local inhabitants were to be sacrificed in the implementation of these development projects by the state. In addition, they were to be carried out without any form of consultation with the people concerned. It was on the face of such conditions that the Cordillera people mounted a mass movement to resist the implementation of such development projects in the region. It was largely due to the people s resistance that the Chico dam and Cellophil projects were indefinitely shelved. Today, open-pit mining represents a renewed threat to the ethnic communities of Itogon, Benguet, and a resistance similar to that mounted in the decade of the 1970s is in the making. This paper shall investigate the emerging mass movement against open-pit mining in Itogon, Benguet. It is believed that the concerted efforts of a number of non-government organizations and people s organizations have successfully pushed government to adopt stricter measures designed to protect the environment from the use of open-pit mining methods. Officials of the government s Department of Environment and Natural Resources have occasionally declared that pressure exerted by these groups has made it possible for the DENR to exact and monitor compliance of Benguet Corporation to environmental laws. This paper will also discuss the impact of the mass/protest actions adopted by the people s and non-government organizations on the governments implementation of rules and regulations for environmental protection. The paper is essentially a case study of people s actions and how such actions have been used to assert the people s right to participate in decisions affecting the utilization and development of their resources. 1

8 The Mass Movement Against Open-Pit Mining PEOPLE S ORGANIZATIONS vis-à-vis NON-GOV T ORGANIZATIONS In the course of asserting people s rights, local communities establish their own organizations and programs as vehicles in the promotion of their interests. The setting-up of such people s organizations and programs in the 1970s marked the birth of a growing mass movement in the Cordillera which was to challenge the development policy of the state in the area. Non-government organizations or private development service agencies also emerged to fill in the void left by government neglect. In the past two decades, NGOs mushroomed in the Cordillera. These NGOs would provide assistance to people s organizations carrying out their various programs. The distinction between POs and NGOs needs to be made at this point. The term people s organization (POs) refers to grassroots organizations established by the communities to exercise its right to choose and decide for themselves on concerns affecting them. Exercising their prerogative to decide and fend for themselves, the people in a community band together to form an organization which will serve as the social infrastructure through which they can gain socio-economic and political empowerment. POs thus refer to local organizations indigenous to poor communities or representative of social sectors purposely formed to serve as a structural medium for gaining socio-economic and political empowerment. The term non-government organizations (NGOs), on the other hand, refers to private, non-profit agencies which initiate or facilitate assistance to people s organizations in the latter s efforts at empowerment. Extending financial, material, and technical support for the programs of people s organizations, these NGOs facilitate support for people s organizations. Depending on their philosophy of work, NGOs approaches and techniques in extending assistance to people s organizations vary. However, most, if not all, NGOs advocate self-reliance as the final end of their development efforts in a community. 2

9 THE ISSUE: OPEN-PIT MINING Issue Paper Series no. 12 Open-pit mining is a method of ore extraction through the stripping of land surface to access the mineral ore within it. This method involves stripping the topsoil, leveling land forms, and digging huge pits with the use of heavy machinery. 1 The open-pit mining method was first used in the Cordillera in the early 1980s on an experimental basis. Starting in 1989, however, Benguet Corporation, the largest mining firm in the Philippines started the large-scale implementation of open-pit mining in the municipality of Itogon, in the province of Benguet. Itogon is one of the thirteen municipalities of the province of Benguet. It has nine barangays, seven of which are to be affected by Benguet Corporation s open pit mining projects. Affected by the ongoing Antamok Gold Project (AGP) are barangays Loakan and Ucab. To be affected by the Super Tuding Open Pit Projects are barangays Tuding and Gumatdang, while Project XYZ will cover barangays Ampucao, Virac and Itogon Poblacion. Seven of the nine barangays in the municipality of Itogon, Benguet are, thus, within the areas where open-pit mining shall be used. The use of open-pit mining has become a highly controversial issue in the area, and has served as the basis for the establishment and mobilization of numerous people s organizations and non-government organizations. The people s opposition was based on the perceived adverse effects of open-pit mining on the people s ancestral land rights, livelihood, environment, and culture. A sustained campaign against open-pit mining was launched by the local communities, consisting mostly of ethnic minorities, starting in Non-government organizations also decided to support the people s opposition to open-pit mining. 1 Mining Communities Coordinating Committee, Itogon Mining Situation Discussion Guide (unpublished material). 3

10 The Mass Movement Against Open-Pit Mining THE KEY ACTORS THE COMPANY AND WHAT IT STANDS TO GAIN Benguet Corporation (BC) is the biggest mining firm in the Philippines. It operates largely in the municipality of Itogon in Benguet province, Northern Philippines. The subject of this paper is BC s Antamok Gold Project which is situated in the said municipality, approximately 15 kms. from Baguio City, some 250 kms. north of Manila, the country s capital. BC started operating its Antamok mine as early as 1903 using underground mining. More than 80 years of mining operations in the area, however, have all but depleted the underground high-grade gold ores. This resulted in declining revenue from BC s Benguet Gold Operations (BGO) in Itogon in the 1980s. The company thus decided to resort to large-scale open-pit mining methods to sustain the profitability of the BGO. The Antamok Gold Project, formerly the Grand Antamok Project (GAP), involves the expansion of mining operations to the surface of the gold vein deposits. BC commenced open-pit mining in its BGO on an experimental basis in In the company s 1989 Annual Report, BC reported a significant difference in the production costs for open-pit and underground mining. In the said report, it was estimated that, in 1987, the net production cost per ounce of gold from open-pit mining was only about 60% of the incurred in underground mining. Lower production costs are attributed largely through lower labor cost, because open-pit mining involves large-scale, mechanized operations. The interest in realizing higher profits thus made the company decide to pursue and expand its open-pit mining operations. 2 THE PEOPLE AND WHAT THEY STAND TO LOSE The AGP immediately sparked vehement reactions from the affected communities. It must be noted that human settlements are situated within and adjacent to the areas identified for open-pit mining. The people in the area earn their income either from small-scale mining and farming, or wages as employees in BC s underground mining operations. The people s opposition to the project is based on the perceived adverse effects of open-pit mining on the people s ancestral land rights, livelihood, environment and culture. The physical displacement of the people from their ancestral land and sources of livelihood is witnessed as BC s bulldozers and other heavy equipment eat away their homes, small-scale mines, swidden farms, and watersheds. Similarly there is the grim prospect that a diverted Antamok River shall wash away or inundate other lands that shall be spared by the 2 Mining Communities Coordinating Committee, Itogon Mining Situation Discussion Guide (unpublished material). 4

11 Issue Paper Series no. 12 company s bulldozing operations. In addition, the threat of retrenchment, resulting from low labor requirements due to mechanized open-pit mining methods, faces those employed by BC as underground mine workers. The negative impact of open-pit mining on the natural environment on the natural environment is widely recognized. Among the specific environment concerns which have been identified in connection with the AGP open-pit mining operations are the physical destruction and denudation of the forest resources, depletion or drying-up of water resources, dust pollution caused by blasting and continuous bulldozing operations, and siltation of the river systems due to dumping of mining wastes. The concern for the cultural survival of the affected communities has also been raised as an issue. This is so, because the local communities are made up of indigenous peoples, whose culture is inextricably linked to the land which they occupy. Displacement will unquestionably undermine the social institutions and patterns of the local populations. The destruction of their indigenous culture is thus certain given the physical dislocation of the people. In the course of their struggle to oppose the use of open-pit mining methods in their localities, the people have formed various organizations to strengthen their resistance. These people s organizations have also been extended support by various non-government organizations. THE DEPARTMENT OF ENVIRONMENTAL AND NATURAL RESOURCES Caught between the company and the people s resistance is the Department of environment and Natural Resources (DENR). This agency is mandated to protect the environment and ensure the non-destructive utilization of the country s natural resources. At the same time, however, the DENR recognizes the significant contribution of the mining industry to the Philippine economy. The agency is thus faced with the problem of striking a balance between the effects of enforcing stringent environmental control requirements and the effects such actions would have in the economy. 3 3 Ramos and Ramos, Resolution of Environmental Issues in a Mining Project in the Philippines: A Case Study of the Grand Antamok Project, (1990). 5

12 The Mass Movement Against Open-Pit Mining THE ENVIRONMENTAL ISSUES In compliance with existing laws on environmental protection, BC submitted an environmental impact statement (EIS) for the AGP. BC s EIS for the AGP rationalizes the project as optimization in the exploitation of available mineral resources, and its socio-economic impact in terms of additional dollar revenue, income and benefits for employees, and share in the upliftment of the living conditions in the community. At the same time, the EIS recognized the projects possible adverse environmental effects, specifically water pollution, siltation due to mining operations, alteration of land forms, and reduction or alteration of the Antamok River water flow. The EIS then proceeds to cite the measures that shall be undertaken to mitigate the adverse effects of the project on the environment. These mitigating measures are to be realized in what the EIS calls the project s technical design, control and containment mechanisms, and rehabilitation program. 4 However, in a study entitled, Drawing the Bottomline: An Initial Study of the Environmental Impact of Benguet Corporation s Antamok Gold Project, it is asserted that a careful examination of the EIS will reveal that the company fails to offer any sound and realistic measures for alleviating the adverse environmental effects which its project is bound to generate. It is further asserted that the company s assessment of its project s environmental impact is flawed, and that the company fails to address the full scope and actual nature of the environmental disturbances which the AGP will create. 5 Alcantara notes that, within the project area of Antamok, the following negative effects on the environments should be given due attention: a. Land 1. soil degradation and loss of biological diversity 2. loss of present vegetation 3. inhospitableness to plant life 4. uncontrollable erosion and increased flooding 5. contamination by mine tailings b. Water 1. wrecked water tables 2. contaminated surface and subsurface waters 3. contaminated rivers 4. high level of suspended solids Moreover, it should be recognized that the adverse environmental effects of the AGP will not only be experienced within the project area alone. 4 Benguet Corporation, Environmental Impact Statement Grand Antamok Project, (1990). 5 Alcantara, Erlyn Ruth E., Drawing the Bottomline: An Initial Study of the Environmental Impact of the Benguet Corporation s Antamok Gold Project, Special Report on the Antamok Gold Project (Baguio City: 1991). 6

13 Issue Paper Series no. 12 It is expected that the project will also negatively affect the river systems which flow through Benguet province and Pangasinan, principally the Agno River that empties into the South China Sea at the Lingayen Gulf. In the past, substantial mine tailings from the mining districts have been dumped at the Agno River. Undoubtedly, the AGP of water for domestic and agricultural purposes for much will result in increased dumping of mining wastes into the Agno River. Notably, the Agno River is a principal source of the provinces of Benguet and Pangasinan. Water contamination will also have negative impact on river flora and fauna. Further downriver, the higher levels of siltation are also expected to damage estuarine ecosystems and marine life in the Lingayen Gulf. 6 The land surrounding these river systems, and which draw from the latter water for domestic and agriculture use, shall naturally be affected also by the project. The impact shall be seen in terms of declining soil fertility, higher farm production costs, possible toxic substances in the soil, increased seepage and percolation, and overall decline in agricultural yield. 7 6 Ibid. 7 Ibid. 7

14 The Mass Movement Against Open-Pit Mining THE MASS MOVEMENT AGAINST OPEN-PIT MINING THE EARLY RESISTANCE The people s opposition to open-pit mining was reported starting That year, the people of Loakan, one of the barangays of Itogon wrote a letter to the Municipal Mayor expressing their opposition to the construction by BC of a silt dam and diversion tunnel, which they feared, would submerge their homes and farm lands. This was followed by a series of letters and petitions addressed to various national and local government agencies for a cessation of all open-pit mining operations in the area. Letters and petitions were sent to the company, the municipal and provincial government, the DENR, concerned legislators, and the Office of the President. On March 14, 1989, residents of three barangays, namely Tuding, Tocmo, and Liang, sent petition letters to BC and the DENR demanding the cancellation of all proposed open-pit mining operations in their locations and calling on the company to review the ecological impact of its operations. 8 In addition to the letters and petitions of the people, they also staged various protest activities, such as pickets, marches, rallies and barricades. These were undertaken largely through the Timpuyog Daguiti Umili ti Itogon (TDUI), or Union of the People of Itogon, an organization established by the people of the communities affected by the open-pit mining operations. These initial protest actions were staged by the people on their own initiative, with minimal prodding or support from the outside. The various protest activities mounted by the local communities received significant coverage in local and national news outlets. Non-government organizations then started lending support to the people s resistance. Among the NGOs which lent assistance at this early stage were the Cordillera Environment Concerns Committee (CECC), the Cordillera Resource Center for Indigenous People s Rights (CRCIPR), and the Mining Communities Development Center (MCDC). At this time, however, the NGOs experienced difficulty in gaining the acceptance of the people. As is commonplace in the Philippines, the NGO workers were branded as activists, or, worse, as communists. THE DENR S RESPONSE At this time, it was exposed that the company was undertaking its open-pit mining operations, without having complied with two major environmental regulations governing the mining industry in the Philippines. The first was Presidential Decree No. 984, or the Pollution Control Law, which sets standards for air, water, industrial waste, noise, and odor quality. The 8 Gold Ore (April 1, 1989). 8

15 Issue Paper Series no. 12 second was Presidential Decree No. 1586, which requires the submission of an Environmental Impact Statement (EIS) for every undertaking which may significantly affect the quality of the environment. On the basis of an evaluation of its EIS, the DENR shall then decide on the issuance of the Environmental Compliance Certificate (ECC). The wide coverage given to the people s resistance revealed that the company had started its open-pit mining operations without having secured the necessary ECC from the government. Largely in response to the people s opposition to said mining operations, the DENR ordered, on July 5, 1989, the suspension of BC s three major operations for violating antipollution laws. 9 It was exposed that BC s five portal waste dumping areas were gravely silting and polluting the Antamok River. It can be safely concluded that the people s opposition to open-pit mining was a crucial factor in government s decision to suspend, though temporarily, BC s surface mining. The DENR Regional Director himself stated that government approval of the open-pit mining operations was withheld pending resolution of the issues raised by the affected population. 10 The DENR declared that its decision to suspend BC s open pit operations was in fulfillment of its role as guardian of the environment. 11 As expected, the company reiterated that its open-pit mines had sufficient and adequate anti-pollution controls and that all necessary environmental protection structures were being installed. 12 It further declared that the company would be forced to retrench more than 200 employees if the closure order would not be immediately reversed. 13 After barely two weeks in late July 1989, the Pollution Adjudication Board (PAB) of the DENR lifted it s ban on BC s open-pit mining operations. Subsequently, government s position on the issue of surface mining was characterized by ambivalence, at best, and outright contradiction, at worst. ESCALATION OF THE PEOPLE S RESISTANCE Soon after, the people started to experience the threat of outright economic dislocation as a result of BC s open-pit mining operations. In August 1989, the company sent a letter to the Loakan Pocket Miners Association warning them to cease all small-scale mining activities within the restricted camote vein area. In response, a number of small-scale miners associations addressed a resolution to the DENR asking the agency to respond to the needs and problems of the small-scale miners. No immediate action was taken by the DENR on the people s resolution. At the same time, the people were alarmed by blasting activities in the construction site for the company s diversion tunnels. In the face of these new developments, the local residents once again resorted to mass actions as an expression of their opposition to the open-pit mining operations. Pickets, rallies 9 Gold Ore (July 8, 1989). 10 Ramos and Ramos, op. Cit. (1990). 11 Gold Ore (July 22, 1989). 12 Baguio Midland Courier (October 15, 1989). 13 Gold Ore (July 8, 1989). 9

16 The Mass Movement Against Open-Pit Mining and marches were conducted. Barricades were established to prevent the company from conducting its open-pit mining operations. In September 9, 1989, hundreds of small-scale miners staged a protest action in Antamok against the company s order for them to vacate their small-scale mines in the areas covered by the project expansion of its surface mining operations. 14 Near violent confrontations between small-scale miners and company personnel were also recorded at this time. One such incident was triggered by BC s dynamite blasting which damaged 12 houses and wounded a nursing mother in Keystone, Ucab on November 14, Local residents of Ucab, armed with bolos and other sharp objects, crossed the guarded gates of the company s field office to protest the blasting incident. 16 The DENR stepped into the picture and caused an investigation of the incident. In its report on the incident, the DENR concluded that the blasting was undertaken without any issuing any warning to the residents causing to injuries to persons and grave damages to their houses. The DENR thus directed the company to compensate residents who incurred damages caused by the dynamite blasting. The DENR further recommended that the company take appropriate actions against those responsible for the incident. 17 During the months of November and December 1989, BC started issuing notices to residents and small-scale miners in Tuding, Itogon for them to vacate the areas designated for its surface mining, as it prepared for the full resumption of its open-pit operations. Full-scale surface mining operations resumed in January 1990, after having been suspended for about half a year due to the people s strong opposition. At this time, conflicts between the company and the local residents escalated. The company declared that it shall assert to the fullest its legal rights to develop its mineral claims. It should be noted that that the AGP involves claims which BC either owns or has control over. Some of these mining claims date back to 1902, and, as such, the proprietary rights of the company over these patented claims include surface rights. On the other hand, the people reaffirmed their opposition to surface mining. Barricades were set up by the people in the areas designated for the expansion of open-pit mining operations. With the hardening of the oppositions on both sides, the company intensified its harassment of community leaders. On February 6, 1990, some 27 small-scale miners were arrested and briefly detained by a composite team of 70 military personnel and company security guards. 18 BC officials later justified that the arrest of the 27 small-scale miners was due to illegal trespassing and highgrading 19 and the arrest was legitimate since the area of their small- 14 Baguio Midland Courier (September 10, 1989). 15 Cordillera Post (November 15, 1990). 16 Gold Ore (November 18, 1989). 17 Gold Ore (December 2, 1989). 18 Cordillera Post (February 18, 1990). 19 Highgrading refers to the practice of illegally bringing out ore from the mining sites of the company. 10

17 Issue Paper Series no. 12 scale mining operations was within the mineral claims of the company vital to its operations. 20 The case against the arrested small-scale miners was latter dismissed for lack of evidence. 21 Incidents of arrest and detention them became more frequent. The threat of arrest and detention, however, did not quell the people s opposition to open-pit mining. Small-scale miners picketed the regional office of the DENR demanding an explanation for the continued open-pit operations despite the lack of an environmental compliance certificate, at the same time declaring their continued opposition to surface mining. 22 In the face of the mounting people s opposition, the DENR, on March 9, 1990, once again ordered BC to suspend its open-pit operations and pay a fine of P50,000 for alleged violation of environmental laws. 23 Such suspension, however, did not last long, as the company immediately filed a motion for reconsideration and was soon allowed to resume its surface mining operations. The company also filed charges against the leader of the people s opposition, specifically those people who were prominent in setting up of the barricades. Thereupon, a regional trial court issued an injunction order preventing the people from maintaining their barricades, as the barricades are deemed to be detrimental to crucial mine operations. 24 The court order effected the dismantling of barricades set up by local residents. The resumption of full operations, however, was once more derailed, as the people refused to allow the dumping of mine wastes in the area. 25 The people persisted in their opposition to open-pit mining, despite the threat of arrest. THE MUNICIPAL GOVERNMENT RESPONSE The municipal government of Itogon could not possibly ignore the issue that was brewing within its jurisdiction. As early as April 1988, the municipal board adopted a resolution calling for an investigation of the negative effects of mining operations in the municipality, and the continuous dumping of mining wastes in the Antamok River. The resolution also called on the DENR, Department of Health (DOH), and other concerned agencies, to look into the matter. In October 1989, the municipal board acted more decisively in the issue by adopting Resolution No. 165, s The resolution appealed to the DENR Secretary for the cancellation of all permits granted and revocation of all applications for open-pit or surface mining within the municipal territory. The resolution cited that the continuation of surface mining would greatly aggravate the deplorable conditions of the rivers, the destruction and exploitation of natural resources, and the depletion of agricultural lands. 20 Gold Ore (February 17, 1990). 21 Ibid. 22 Cordillera Post (March 17, 1990). 23 Ibid. 24 Gold Ore (March 17, 1990). 25 Gold Ore (March 31, 1990). 26 Northern Dispatch (October 28, 1989). 11

18 The Mass Movement Against Open-Pit Mining In April 1990, the municipal board went a step further when it unanimously adopted a municipal ordinance providing for the abatement of certain mining activities that are particularly injurious to the health and safety of the community, and which cause damage to the environment and ecology. Specifically, the ordinance identified open-pit mining as injurious to public health and safety, and damaging to the peace, comfort, harmony, prosperity, and general welfare of the people of Itogon. THE TRI-SECTORAL MEMORANDUM OF AGREEMENT During the second quarter of 1990, the resolution of open-pit mining issue had reached an impasse. The company filed a motion for reconsideration of the DENR s order suspending its surface mining operations. The people refused to dismantle the barricades they had established despite a cease and desist order issued by a local court. The company then sough another court order to employ the provincial police force in enforcing the restraining order which the local residents continued to defy. In the face of the impasse, the DENR stood as intermediary in negotiations between the company and the protesting communities. In May 1990, 27 then the DENR Regional Director Horacio C. Ramos proposed a compromise agreement which would allow the resumption of open-pit mining in exchange for corporate reparations. The negotiations resulted in the signing on June 7, 1990 of a Memorandum of Agreement among BC, some community leaders, and the DENR. 28 Specifically, the MOA provided for the lifting of barricades set up by the local residents and the withdrawal of court suits filed by the company against the protesters. Furthermore, the company agreed to provide reparations to the affected communities, in the form of identification of relocation sites, provision of community structures, payment of damaged properties, priority in company employment, and awarding of labor contracts to the local residents, among others. Of great significance was that the signing of the MOA paved the way for the issuance by the DENR of the Environmental Compliance Clearance to the company for the open-pit operations in the Loakan area also in June This allowed Benguet Corporation to resume the operations of its open-pit mines in this area. Open-pit operations in other areas, however, were deferred. The DENR hailed the signing of the MOA as the successful resolution of the environmental issues raised in connection with the AGP. RESUMPTION OF THE PEOPLE S RESISTANCE Barely a month after the signing of the MOA, local residents resumed their resistance to the AGP. Members of the TDUI alleged that the so-called community leaders who signed the MOA in their behalf were co-opted by the company and did not represent the genuine sentiments 27 Baguio Midland Courier (May 27, 1990). 28 Baguio Midland Courier (June 10, 1990). 12

19 Issue Paper Series no. 12 of the people vis-à-vis the project. These leaders were charged of having been won over by the promise of profitable contracts to be awarded to them by the company. On June 16, 1990, the people hosted a cañao or native ritual feast to exhort the gods and ancestral spirits to protect their communities, along with their farms, water sources, and small scale mines, from the AGP. 29 Copies of the controversial June 7, 1990 MOA were burned as a sign of their continuing protest. Protest actions were once again undertaken by the people. In July, members of the Luneta Women s Association in Loakan staged a picket at the GAP office to protest the construction of the twin diversion tunnel for its open-pit mines. From August 10 to 15, 1990, around seventy small-scale miners belonging to the Upper Bacsi Gold Panners Association formed a human barricade at Liang, Loakan to prevent the repair of the road which they believe would be used to provide access for company equipment for the construction of a diversion tunnel and tailings dam for its open-pit operations. 30 The barricade was forcible dispersed by soldiers deployed specifically for this purpose. Intensified militarization came in the wake of the heightened resistance. Towards the end of 1990, a military contingent was deployed in the municipality. The commander of the contingent described their role as to ensure the maintenance of peaceful negotiations between BC and the local population. More arrests and other incidents of harassment took place, such that, in April 26, 1991, residents of Itogon signed a petition calling for the ouster of the military contingent from the town because of alleged abuses. The campaign launched by the people against destructive mining methods was brought to the attention of the country s legislators. In January 25, 1991, Senator Orlando Mercado held a dialogue with representatives of the affected communities. 31 On that occasion, he promised the residents of Itogon that he would investigate a comprehensive study on the open-pit mining issue in the Philippine Senate. Sen. Mercado also filed a bill in the Senate banning the use of open-pit mining methods in the country. A NEW LEVEL OF STRUGGLE: FOCUS ON BARANGAY UCAB Following what they perceived to be a betrayal by their leaders of their resistance to open-pit mining with the signing of the June 7, 1990 MOA, the people banded to gather to form new POs. As existing POs, such as the TDUI, was allowed to wither away, new barangay-wide and sitio-level organizations were formed. The experience of barangay Ucab is a case in point. Ucab is the smallest barangay in Itogon. Its total land area of 1,107 hectares represents only 2.25% of the municipality. In 1990, population in the barangay was estimated at 5,371, which account only for 9.3% of the total municipal population. The barangay is the site of the BC s Keystone vein where open-pit mining (OPM) operations were undertaken on an experimental basis in 1981, and later abandoned. Presently, the Keystone vein is one of the components of BC s ongoing Antamok Gold Project. 29 Baguio Midland Courier (July 1, 1990). 30 Baguio Midland Courier (September 9, 1990). 31 Northern Dispatch (February 1, 1991). 13

20 The Mass Movement Against Open-Pit Mining Notable among the new POs which emerged at this time is the United Concerned Citizens of Ucab (UCCU) which was organized after a series of protest actions, notably the mounting of barricade, against the resumption of open-pit operations in Keystone, Ucab in The opposition of the Ucab residents was heightened by their belief that the keystone Vein operations did not have an Environmental Compliance Certificate. Moreover, the people invoke the June 1990 memorandum of agreement providing a deferment in the Keystone openpit operations. By January 1991, it was clear that BC intended to resume its operations at the Keystone vein. Residents of Ucab then set up barricades with the aim of preventing such resumption. A dialogue between the company and the community, mediated by the DENR, was held on January 17. The dialogue, however, failed to resolve the issue. On June 4, 1991, during another dialogue called by the DENR, some pro-opm residents signed a memorandum of agreement with BC agreeing to the reopening of the Keystone vein open-pit mine under a system of coexistence. 33 On July 1, 1991, Ucab residents mounted a barricade at the site of the open-pit mine at Keystone. The barricade was successful in preventing the implementation of open-pit operations. After fifteen days of successfully maintaining the barricades, more that 100 persons manning the barricades were picked up without any arrest warrants by the elements of the 129 Company of Philippine National Police. During the rainy night, the arrested barricaders were made to walk several kilometers to the company barracks where they were detained. The barricades were released only after some 2,000 residents from the various sitios of Ucab held a vigil at the barracks to demand their release. An indignation rally denouncing the arrests, and open-pit mining in general, was then held on July 16 at Keystone. The rally was attended by residents of Ucab and other barangays of the municipality, as well as supporters from various sectors of professionals, students, and the church. The rallyists then marched to Ucab and the 129 Company barracks where another rally was held. On July 17, a criminal case was filed against the barricaders for violation of section 87, Presidential Decree 463, i.e., for willfully, unlawfully and unknowingly, and without justifiable cause whatsoever, prevent and obstruct Benguet Corporation from undertaking development and exploitation operations within the area allowed by law. 32 The chronology of events from July to August 1991 is taken from Mining Communities Coordinating Committee, Itogon Mining Situation Discussion Guide, (unpublished material). 33 In a statement published by local papers on August 17, 1991, BC stated that the policy of co-existence would allow small-scale miners to continue their gold-panning and pocket mining activities within the mineral claims of the company. It was further stated that the opening of the Keystone vein operations will entitle the affected communities to various socio-economic projects. 14

21 Issue Paper Series no. 12 On July 20, the municipal government called a general assembly of the Ucab residents to solicit their opinion regarding the open-pit mining operations in Keystone. The results showed that 320 persons were against open-pit mining, with only 36 in favor. The company managed to continue its resumption of operations at Keystone under heavy security, even while the people initiated continuing protest activities, including radio interviews, fora, petition-signing, and education campaign. Then, on August 2, a delegation of Itogon leaders went to the National DENR office in manila. The company s response to the series of protest activities was to issue a statement through the local weeklies explaining its policy of coexistence reached through the June 4, 1991 MOA. It is within this context of resistance to open-pit mining that the people banded together to form the United Concerned Citizens of Ucab (UCCU). According to key informants in the barangay, the UCCU was established primarily to strengthen the unity of the people in their opposition to open-pit mining. 34 The constitution of the UCCU declares as bases of unity the following: opposition to OPM and other destructive mining methods and the defense of the people s livelihood, culture, ancestral land and environment. It is estimated that 60-65% of the total household population of Ucab are members of the UCCU. In forming the organization, the people explained that they had drawn lessons from the experience of their original organization, the TUI (Timpuyog Ti Umili ti Itogon), whose key officers were convinced by the company to agree to its open-pit operations after the grant of some concessions. Thus, the Ucab residents did not choose any officers for UCCU. Instead, the most active members of the organization stood as a council of elders, a decision-making body collectively responsible to the organization s general assembly. One key informant explains the rationale behind the formation of the council of elders, thus, In having the council of elders as leaders of the organization, we are sure that the company will not know whom to bribe, just as they bribed the leaders of TUI. The structure of the UCCU includes the General assembly, which is the highest organ of the organization. The General Assembly appoints distinguished members, both male and female, to sit in the Council of Elders. The Council of Elders originally consisted of 23 members, although it is possible to increase the membership. Selected members of the Council of Elders are chosen to sit in the Central Committee, which is the leading organ when the Council of Elders cannot be convened. The organization has seven committees, namely Education, Finance, Barricade, Alliance, Para-legal, Health and Projects committees. 35 These various committees are tasked to undertake various activities for the welfare of the group. For instance, the Committee on Education was responsible for conducting an information campaign on the mining situation in Itogon and in gathering and collating various reactions to issues which affect the people. Among the issues tacked by this committee were the Small-Scale 34 Field interviews were conducted in Ucab from February to June Konstitusyon Ti United Concerned Citizens of Ucab, (unpublished material). 15

22 The Mass Movement Against Open-Pit Mining Mining Act of 1991 (RA 7076) and the Local Government Code. The committee was also centrally involved in the preparation of the draft for the People s Mining Agenda which became the basis of unity of Itogon Inter-Barangay Alliance formed later in the year. On the other hand, the Committee on Health was tasked with monitoring and responding to the health situation in the barangay. With the proper support of the NGOs involved in health programs, some women of Ucab were trained in providing first aid and use of acupressure. They also learned sanitation particularly in the use of water for drinking and other purposes, and the local production of herbal medicine and soap. The UCCU generates its funds mostly through membership fees, monthly dues, donations and the operation of income generating projects. Among the initial income-generating projects in the community was a knitting project which was financed through a grant from a development NGO, the Regional Development Center for Northern Luzon (RDC-NL) or KUDIAMI. The project was handled by the Linang, a women s organization in the barangay. Some sitios also benefit from other socio-economic and development projects which contribute to the improvement of local conditions. An example is the waterworks projects in sitio Garrison assisted by the Cordillera Resource Center. These livelihood and development projects were realized mostly through the efforts of the UCCU and other POs, in partnership with development NGOs. Aside from the UUCU, which is a barangay-level people s organization, sitio-level organizations and sectoral organizations were likewise formed. All the major sitios of Ucab, most of which had participated in the anti-opm campaign, have sitio-level organizations. Among the sectoral organizations were women s organizations and youth organizations. An organized community would typically have a sitio-level neighborhood organization, a smallscale miner s association, a mothers association, and a youth association. The communities most active in the anti-opm campaign are likewise represented in the UCCU s Council of Elders. An inter-barangay alliance, the Itogon Inter-Barangay Alliance (IIBA), 36 would later be formed to unite this various POs. Today, it is these various organizations which spearhead the continuing people s resistance to open-pit mining. PO-NGO RELATIONS Another significant development at this time was a change in the people s views regarding NGOs. One key informant in the community expressed this change in attitudes as follows, These NGOs are, after all, not NPA (New People s Army), nor activists, nor communists Rather, they are to help the poor and the oppressed. According to local residents, they did not seek out the assistance of the NGOs. Rather the people s opposition to OPM caught the attention of various NGOs, who then decided to come to the aid of the affected communities. Among the NGOs often cited by the respondents 36 For more on the IIBA, refer to CSC Issue Paper No

23 Issue Paper Series no. 12 for their assistance are the Mining Communities Development Center (MCDC), Cordillera People s Alliance (CPA), Cordillera Resource Center (CRC) and Women s Workers Program (WWP). Residents say that their anti-opm campaign was strengthened by the assistance they received from these NGOs, especially in terms of providing education and training on legal and technical matters, human rights, etc. They also recognize the financial and material support extended by the NGOs. In an effort to systematize the support extended by various NGOs to the affected communities, through their respective POs, a coordinating committee of NGO involved in the mining sector was established. The Mining Communities Coordinating Committee (MCCC) brings together such NGOs as the Mining Communities Development Center and the Women Workers Program, and POs like the Cordillera People s Alliance. Leaders of the UCCU also referred to the existence of NGOs which are only projectoriented, i.e., their only objective is to implement projects in the communities, without getting to the people s campaign against open-pit mining. They also noted that there is an NGO which claims to help the mining communities, but which is actually being financed by BC. They added that this NGO extends loan to the residents on the condition that they do not oppose the open-pit mining activities of the company. The local residents do not identify themselves with these types of NGOs. As the people s resistance intensified, their campaign continued to win the support of a greater number of NGOs. In October 1990, 37 the Baguio-Benguet NGO Planning Congress passed a resolution denouncing open-pit mining. In October 1990, participants on the Philippine Episcopal Church s Forum on environmental concerns passed a resolution expressing support for the Itogon people s opposition to or calling for a closure of BC s AGP. 38 The 9 th national Congress of the Philippine Environmental Congress held in Los Baños, Laguna on October 27-30, 1991 passed a resolution against open-pit mining. 39 THE INTERNATIONAL WATER TRIBUNAL VERDICT The mass movement against open-pit mining continued through Early in the year, the Mining Communities Development Center filed a case of environmental destruction, specifically soil erosion and river pollution, against Benguet Corporation for its open-pit mining operations. On February 17-21, 1992, the second International Water Tribunal (IWT) was held in Amsterdam, Netherlands, 40 with the aim of making judgements on complaints concerning water problems in Asia, Africa and Latin America. The international jury consisted of independent and respected people from all over the world, and arrived at a verdict after conducting a hearing on the complaint, during which both sides are given the opportunity to present their respective 37 Northern Dispatch (October 5, 1990). 38 Northern Dispatch (October 23, 1990). 39 Baguio Midland Courier (December 1, 1991). 40 Baguio Midland Courier (February 23, 1992). 17

24 The Mass Movement Against Open-Pit Mining cases. On this occasion, BC was accused by the MCDC of destroying the water system of Itogon and polluting the Agno River through its use of open-pit mining. Both BC and MCDC were asked to appear before the tribunal. Only MCDC appeared, however, as BC a letter explaining that it would not attend the hearing, and that its operations have been in compliance with all relevant national laws. Among the significant conclusions reached by the IWT on the case were the following: 1. BC s open-pit mines have deprived local inhabitants of their traditional rights to land and resources. 2. There is a substantial ecological degradation in the Antamok River Valley, resulting from various mining sources and practices. 3. The pollution increases health risk and reduces the use of natural resources. 4. The poor planning, operation, and control measures of BC reveal that it has taken advantage of the national economic situation and a legal system which is ineffective and repressive, and which does not provide local citizens with adequate access to the courts to protect their rights. 5. The open-pit mines should be closed until a comprehensive environmental impact statement is prepared which, inter alia, assesses mining alternatives, and provides proper control of wastes. The existing EIS and proposed redevelopment plans are inadequate. While the IWT does not have the power to impose its verdict, it is nonetheless an influential organization and its decision was expected to carry some weight with various governments. Various reactions came in the wake of the IWT verdict. Local communities considered the verdict as an important victory in the campaign against open-pit mining. On the other hand, the Philippine Society of Mining Engineers (PSME), in a paid advertisement in local newspapers, deplore(d) the attempt of foreign-influenced NGO (referring to the MCDC) to malign the international reputation of the Republic of the Philippines and our mining industry which has been a vital cog of the nation s economy for over 100 years. The PMSE further claimed that the IWT has conducted a kangaroo-court style hearing and failed to give the defendant the opportunity to defend itself. 41 DENR officials who were interviewed about this subject belittled the IWT verdict. 42 They said that presenting the case to the IWT was like telling the world that there is no government agency in the Philippines with expertise on environmental concerns. They 41 Cordillera Post (March 15, 1992). 42 Two officials belonging to the Mining and Geo-Sciences Division of the DENR-CAR were interviewed on July 24, 1992 at the DENR-CAR Office in Baguio City. 18