Gold, Copper Exploration

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1 Gold, Copper Exploration HR Issues and Concerns on Large-Scale Mining in Tampakan: Intensifying Conflict, Danger in Perpetuity Fr. Gillarme Joy B. Pelino Director Social Action Center Diocese of Marbel, Philippines

2 Project Name Name of Corporation Metallic Minerals to be mined Total land area Scale of production Project Capital Cost The Tampakan Mining Project Basic Information Tampakan Copper-Gold Project Sagittarius Mines, Inc. (SMI) owned by Xstrata Copper (62.5 %) and Indophil Resources (37.5 %) Mother Company is Xstrata/Glencore based in Switzerland Copper and Gold One of the largest undeveloped copper and gold deposit in the world covering approximately 9,605 ha proposed mine area. 12, 106 hectares Copper: Average of 375,000 tones per annum (6.375 million tonnes) Gold: USD 5 Average billion of 360,000 ounces per annum (6.120 million ounces)

3 Project Method / Technology Project Manpower Project waste types The Tampakan Mining Project Basic Information Open-pit mining Convention crush mill-float technology and an option to include and ASL plant for treating arsenic concentrate 7, 200 during construction 1, 800 during operation Mine tailings, waste rock dump, toxic and solid wastes, effluents and emissions

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6 The Island of Mindanao The Province of South Cotabato The Municipality of Tampakan

7 Indigenous People Proposed mining area home to B laan IP community 74 % of proposed project site classified as ancestral land Land and forest are integral to the cultural identity of the B laan people

8 The Ancestral Home of the B laan

9 Environmental Impacts Proposed project area is a major watershed area; and remaining forest; a key biodiversity area Prone to earthquakes -geographic hazards threaten lowland areas

10 The Potential Risks and Impacts

11 Food Security Lowland areas depending on watershed are prime agricultural land 4,293 hectares of farm land, 1,873 farmers and 17,172 metric tons of palay per cropping season depend of water from this watershed The Cotabato region is the Food Basket not only for Mindanao but for the rest of the Philippines

12 Threats to food security and sufficiency

13 Free Prior Informed Consent SMI s s Commitment SMI commits to comprehensively consulting with all the affected communities, and securing Free and Prior Informed Consent (FPIC) in the case of the IP households, prior to any resettlement taking place. (SMI Sustainability Report 2010) Experience of local communities Non disclosure of key Information that the community must know; where the communities must understand the issues and processes involved Fears and anxieties of communities not addressed by the company Disintegration with the tribes concerning their cultural values; conflicts and greater divide

14 Rights of and services to communities SMI s s Commitment Sagittarius Mines, Inc (SMI) is deeply committed to upholding and promoting the rights of the local communities who host our Tampakan Project and we support the United Nations Guiding Principles for Business and Human Rights. (from a statement by SMI on the occasion of International hearing in berlin, Sept. 2012) Experience of local communities SMI provides social services but these are at the same time the source of conflict in the communities Communities complain about agreements; between the company and communities non-transparency, confusion, non- respect their collective and cultural rights Greater Division and confusion between the traditional structure (fulong system) and Tribal/ Chieftain system together with LGU set-up

15 SMI s s Commitment Security Issues Experience of local communities Since 2008, SMI s security staff and contractors have undergone awareness training in the Voluntary Principles on Security and Human Rights (VPSHR) and, more recently, we have provided similar training to public security force personnel. (from a statement by SMI on the occasion of this hearing) Sustained military presence in the region: Military detachments opened since exploration phase started Paramilitary groups deployed by the military under Kiblawan, Tampkan and Colombio growth area agreement Military and paramilitary groups prepare grounds before SMI holds meetings Consequences for the communities: Fears and uncertainties of the future Disruption on the normal life of the communities Freedom of assembly is affected Communities perceive security forces as protecting mainly pro mining communities.

16 Escalation of Violence October 2012, Massacre of the Juvy Capion and her two sons in the operation conducted by the Military. January 2013, the killing of the Kitari Capion Greater tensions and unpeace in the B laan territory

17 The response of the Local Churches: Dialogue with the High Ranking Official of the Armed Forces of the Philippines and the B laan Communities with their leaders Dialogue with the Commission of Human Rights, Commission on National Commission on Indigenous Peoples Convening Congressional Hearing together with Tampakan Forum concerning the plight of the Indigenous communities Education and Discerning concerning root causes of conflict arises from: conflicting value system, development paradigm and corporate interest.

18 Petitions against the mining project Nearly 30,000 signatures of Catholics from the Diocese of Marbel support the ban on open-pit mining legislated by the Local Government of the Province of South Cotabato Catholic Bishops of the affected dioceses submitted to President Aquino 108,000 signatures of citizens concerned about the expected impact of the Tampakan project over the environment, human health and food security Position papers, Resolution of Various Groups like Irrigators Association, Basic Ecclesial Communities, Municipal Council of Tampakan A renewed call; Signature campaign to present to the office of the President the voice of the People: WE DON T NEED THIS MINE!

19 Challenges! The changing phenomenon happening to Mindanao as result of climactic changes. Weak and ineffective governance as shown by some leaders (conflict of interest) Careful study and appreciation of the B laan culture and tradition The huge impact of the proposed project as being undermined because of the ECC issuance!

20 Three Demands 1. To the Office of the President The Situation in the Tampakan region is characterized by high social tensions. Several armed clashes related to the mining project with at least eight killed people has occurred so far. How does the Philippine Government addresses this escalating violence, given that the Armed Forces of the Philippines are involved?

21 Three Demands 2. To the Office of the President / to the National Commission of Indigenous People The consultation process with the indigenous communities (free, prior and informed consent) has to be correctly carried out before the development phase of the project begins.how do the Philippine Government guarantee that this consultation process will be organized in an impartial manner? Is it possible that an international third party participate in this process as an observer (Switzerland could be part of this).

22 Three Demands 3. To the Office of the President / to the Commission on Human Rights The role of the Commission on Human Rights is to check and balance. As independent body to provide critical findings on human rights issues, they should regularly report about these findings. Is there a possibility that the Commission on Human Rights publishes all its findings on the Tampakan project in a publicly available report?

23 Bong Salamat! Thank you! Fr. Gillarme Joy B. Pelino Social Action Center, Diocese of Marbel Province of South Cotabato, Philippines

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