South Cotabato governor signs ban on open-pit mining

By Aquiles Zonio
Inquirer Mindanao

GENERAL SANTOS CITY, Philippines – Religious and environment groups hailed outgoing Gov. Daisy Fuentes of South Cotabato for signing into law a local environment code, which banned open-pit mining in the province.

“Up to the last hour of her stay in office, Gov. Fuentes remains true to her promise to protect the environment and uphold the interest of the greater majority,” Fr. Romeo Catedral, chief of the social action center of the Diocese of Marbel based in Koronadal City, some 58 kilometers west of here.

Both the pro-mining and anti-mining groups staged separate protest actions a few weeks back to push for their positions on the issue.

The Sangguniang Panlalawigan (SP) or the provincial council members approved on June 9 the province’s environment code, with nine board members voting in favor of the controversial code, one opposing and two abstaining. 

The SP passed the code, considered as landmark legislation and the greatest legacy of the Fuentes administration, despite the protest rally staged by the pro-mining groups outside the SP building.

A week after the passage of the code by the local legislative body, about 3,000 pro-mining protesters picketed the residence of Fuentes to pressure her not to sign into law the environment code.

Xstrata-SMI managing director Peter Forrestal met with Fuentes shortly after the rally to present the company’s position.

Both parties refused to divulge what were discussed during the meeting.

On June 22, Church workers, students, militants and other pro-environment groups staged their own rally in front of the governor’s house to convince her to sign the code.

Fuentes, however, refused to be influenced, even turning down the dialogue arranged by the pro-mining groups between her and Bishop Dinualdo Gutierrez, vocal critic of Xstrata-backed Sagittarius Mines Inc. (SMI).

She kept both parties guessing.

Catedral, in a mobile phone interview, said they did not insist when Fuentes refused to meet with the bishop.

“We trust her competence and political will. We don’t want her to feel being pressured. We had no idea what would be her final decision but we admire and we thank her for making the right decision,” Catedral said.

Fuentes called for a press conference Tuesday afternoon to announce her decision to sign into law the environment code.

The governor claimed that as early as Friday last week she had already made up her mind but she did the actual signing only on Tuesday morning.

She claimed she examine closely the position of both camps before finally coming up with such a tough decision.

Fuentes served as congresswoman of the South Cotabato 2nd congressional district and as governor for three consecutive terms. She was elected again as congresswoman of her district last May 10 election.

Catedral said: “This is not just our victory but the victory of all people in the province. This is just the beginning. We will continue the fight against mining.”

Xstrata-SMI announced earlier that it would employ open-pit in extracting copper and gold deposits in the area due to the near-to-the-surface mineral stocks.

The bulk of the mineral deposits are said to lie in Tampakan town.

Oppositors to the mining venture say that despite the presence of Xstrata-SMI in the province and neighboring areas for years, the host communities remain mired in poverty.

Over the years, Sagittarius has sponsored thousands of scholars in the elementary, secondary and college levels in the areas affected by its operation.

John B. Arnaldo, SMI corporate communications manager, said a local law could not supersede a national law, referring to Republic Act No. 7942, or the Philippine Mining Act of 1995, which did not ban open-pit or any other mining method.

The management of Xstrata-SMI is planning to question before the higher court the legality of the local environment code.

But Fuentes, herself a lawyer, said the passage of the environment code was well within the ambit of local autonomy.

In its sustainability report, Xstrata-SMI has claimed that the Tampakan copper-gold project is a world-class 2.4-billion ton resource containing 13.5 million tons of copper and 15.8 million ounces of gold.

The report further states that when developed, it has the potential to generate foreign investment amounting to over US$5 billion, employment opportunities for up to 8,000 to 9,000 people during construction and for around 2,000 during operations.

The project is also expected to contribute significantly to local and national taxes.

The company expects to start the actual mining operation in 2016.

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