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International

People’s
Conference
on Mining
2015

Highlighting People’s Lives


and Struggles In Defense
of Rights, the Environment
and a Common Future

Conference Report
July 30 to August 1, 2015
Manila, Philippines
This book is dedicated to Emerito Samarca,

an IPCM participant brutally murdered on

September 1, 2015; a fearless and dedicated

educator, he offered his life defending the lands

of Lumad peoples against large-scale mining;

and to all other anti-mining advocates,

environmental defenders,

and human rights defenders

who have offered their lives

for the cause.


Copyright 2015 by the Center for Environmental Concerns – Philippines, Inc.

All Rights Reserved

The Center for Environmental Concerns – Philippines (CEC) holds the rights to
this publication. The publication may be cited in parts as long as CEC is properly
acknowledged as the source and CEC is furnished copies of the final work where
the quotation or citation appears.

Published by
Center for EnvironmentalConcerns – Philippines

With the Support of


Contents
5 Preface

7 Our Resistance, Our Hope


Unity Statement of the International People’s Conference on Mining July 30 - August 1, 2015

10 Opening Prayer

11 Welcome Remarks

14 Our Struggle for the Defense of Rights, the Environment and a Common Future
Opening Keynote (Day 1)

20 Neo-Liberal Globalization and Mining


Opening Keynote (Day 1)

30 Unravelling Global Corporate Mining Today: Challenges to Mining Campaigners


Opening Keynote (Day 2)

36 Global and Regional Trends in Mining Investments

48 Industrial Extractivism in Asia


Regional and Local Mining Situation

54 Indigenous Peoples Struggles with the Porgera Gold Mine in Papua New Guinea
Regional and Local Mining Situation

58 Mining in Latin America


Regional and Local Mining Situation

62 El Salvador Struggle for Mining Justice


Regional and Local Mining Situation

66 Africa Mining Situation


Regional and Local Mining Situation

70 Indigenous People and Mining in Canada


Regional and Local Mining Situation

76 Mining and Conflict in Mindanao


Regional and Local Mining Situation
89 Towards Environmental Justice Success in Mining
Resistances: An empirical investigation

100 Mining Pollutants: Risks that Communities Face

110 Closing Remarks

113 Photo Gallery

122 Reflections on the Mission to Mankayan Town, Benguet Province

126 Mining in the Didipio and Runruno Villages in Nueva Vizcaya Province

135 Workshop 1: Asserting People’s Rights Against


Intensified Plunder of Resources and State Repression

142 Workshop 2: Legal Aspects of Globalized Mining

156 Workshop 3: Increasing Resistance and Forging


Solidarity on Campaigns Against Large-Scale Mining

162 Workshop 4: Gendered Impacts of Mining

172 Workshop 5: Establishing Community-based Scientific


Tools to Investigate Corporate Mining Accountability

180 Workshop 6 Financing Mining Plunder and Rights


Violations: Establishing the trail of mining plunder
in the era of liberalization and globalization

190 Ways Forward: Specific Actions and Strategies

193 The International Coordinating Mechanism

194 Solidarity Greetings

196 Solidarity Greetings

198 Conference Programme

201 List of Conference Participants


Preface

Frances Quimpo
Executive Director, Center for Environmental Concerns (CEC)
Philippines

The successful international People’s Conference


on Mining (IPCM) last July 30-August 1, 2015, which brought
together 204 participants representing 149 organizations
from 29 countries across the globe, calls for a memento
that would embody the reflections, lessons, knowledge,
experiences, passion, aspirations and intentions shared by all
the participants, as well as the people and communities they
represent. Each participant had a story, a lesson, information
or a proposal to share when they arrived. They have taken home
a global story of struggle, a global commitment to carry on,
and the inspiration to broaden and strengthen the solidarity
to bring about justice, development, a healthy environment
and peace to our communities. Let these proceedings be an
instrument to spread this solidarity.

On behalf of the members of the IPCM Organizing Committee,


CEC, KAIROS-Canada, Kalikasan-People’s Network for
the Environment (KALIKASAN-PNE), Jernigan Advokasi
Tambang-Indonesia (JATAM), Ecumenical Voice for Human
Rights and Peace in the Philippines (ECUVOICE) and the
Australia Action for Peace and Development in the Philippines
(AAPDP) – allow me to thank the local and international
organizations, individuals and volunteers who contributed to
the challenging task of realizing this conference.

Our salute and thanks to the Philippine Host Organizations –


firstly to the New Patriotic Alliance (BAYAN), which organized

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


5
the first such gathering in November 1998, the International
Conference Against Mining TNCs; to the Advocates of Science and
Technology for the People (AGHAM), the National Union of People’s
Lawyers (NUPL),the National Secretariat for Social Action (NASSA)
of the Catholic Bishops Conference of the Philippines, the National
Alliance of Indigenous Peoples Organizations in the Philippines
(KATRIBU), Stewards of Creation – Philippines, Computer
Professionals Union (CPU), May First Labor Movement (KMU),
Cordillera Peoples Alliance (CPA), the Philippine Network of Food
Security Programmes (PNFSP), Ibon Foundation, KARAPATAN, and
the Panalipdan-Mindanao.

Heart-warming acknowledgement to all the international partners –


Canadian Catholic Organization for Development and Peace (D&P),
Pacific Asia Resource Center (PARC), War on Want, Lush Foundation,
Solidagro – Belgium, International Association of Democratic
Lawyers (IADL), London Mining Network (LMN), Geneeskunde
Derde Wereld (G3W), Asia Indigenous Peoples Pact (AIPP), and the
International League of Peoples’ Struggle – Commission 13 (ILPS-
SC13), for helping in the outreach, mobilizing funds for more
community participation and logistical needs of the conference,
mobilizing volunteers and for the boundless solidarity. Maraming,
maraming salamat po!

A people united, will never be defeated! Long live international


solidarity!

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
6
Our Resistance,
Our Hope
Unity Statement of the
International People’s
Conference on Mining
July 30 - August 1, 2015

We are representatives of mining-affected communities, people’s


organizations and other concerned groups and individuals coming from 29 countries
and 6 continents. We come from diverse cultures, faith perspectives, social contexts
and political identities with distinct dreams, beliefs and expectations. We are bound
together by our shared desire to work and struggle together for a future, free from
the destructive effects of mining activities driven by the interests of large capital and
greed for profit. A future that is free from the devastation that destructive mining
brings to our planet and our peoples.

We support the rights of peoples, communities, states and the public at large to say
“no” to mining. The extractive mining industry is the ugly face of our current rapacious
global material and energy consumption, which has reached the point where the
self-regenerating capacity of the earth’s biosphere is seriously compromised.

We are increasingly aware of the current crisis in the global mining industry
as demand for metals and minerals contracts and prices decline. We witness
corporations seeking to claw back profits by retrenching labor, further shirking
from their liabilities and accountabilities, and engaging in or turning a blind eye to
human rights abuses that are being committed in defense of their investments.

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We see extractive industries, transnational mining corporations (TNCs) and
enterprises, as well as their local partners and business relations, increasingly applying
pressure on national governments for even greater liberalization, more inequitable tax
regimes, and increasingly regressive investor-state agreements, in order to satisfy their
unquenchable thirst for profit. In collaboration with home and host governments,
these TNCs and their business relations are becoming more reckless in their production
processes, often violating safety standards for their workers, affected communities
and the environment.

We have listened to stories from Asia, the West Pacific, Latin America, Europe, Africa
and North America about the destructive impacts of large-scale metallic and non-
metallic mining on the lives of people living in mining affected areas, as well as the
adverse impacts on national economies, resource bases and the ecology of countries
and regions.

We have been witnesses and victims of the destructive effects of large-scale mining on
our forests, rivers, lakes, seas, air and on our biodiversity (especially on small islands).
We have seen once fruitful agricultural lands transformed into wastelands, and the
people dependent on the once productive capacity of the land driven into marginal
livelihoods and precarious existence. These mining activities have brought serious
health hazards into our communities and exploited the health and labor of mine
workers. Human rights violations - especially among indigenous peoples, peasants,
fisher folks, disabled people, women and children - are rampant where these companies
operate, most often perpetrated and backed by security forces of the host states.

We have heard the stories of women human rights defenders facing gender-specific
repression and violence because of the leadership roles they are taking in defending
their land, territories and resources. This repression includes cases of extrajudicial
killings, criminalization, stigmatization and violation of the principle of ‘Free, Prior
and Informed Consent’.

Indigenous peoples have long been paying the price of ‘development’. Ancestral lands
are the most common targets of mining corporations which results in displacement,
impoverishment, loss of social and cultural integrity, militarization, killings and other
human rights violations. Companies employ deceptive tactics to enter indigenous
peoples’ territories without consent and proceed with the destruction of their land
and livelihood.

We also engaged in profound conversations - sharing each other’s experiences of


resistance and struggle - gaining lessons from victories, as well as defeats - in order to
move forward and guarantee a better world for future generations. These insights and
conversations have inspired us to remain committed and steadfast in our resolve to

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
8
stop the further onslaught of imperialist mining plunder and greed against the people
and the environment.

Our coming together has brought us hope. Hope that in working separately in our own
particular contexts and countries, and together through coordinated international
actions and solidarity, our collective resistance for the defense of rights, the environment
and a common future, will bring forth triumph for people over profit, nature over neo-
liberal mining policies, and social justice over death and destruction.

We therefore call on each other, and all those committed to justice, to strengthen
the struggle, widen and coordinate solidarity actions, and conduct and participate in
a global campaign to defend and assert peoples’ rights and their rights to land and
resources.

To this end we will


• strive to connect and reach out to networks and start mapping existing initiatives
on mining-related campaigns;
• recognize the role that women are playing in organizing and mobilizing their
communities, and other sectors, to resist the onslaught of these extractive
industries. They are challenging government policies through direct action,
protest demonstrations, and all forms of resistance. They are also creating visions
of genuine peoples’ development that is based on gender equality, environmental
sustainability and social justice, and working towards making these a reality;
• demand that recognition and respect be given to indigenous peoples’ rights to land,
life and resources, including the requirement for Free, Prior and Informed Consent
as recognized in the United Nations Declaration on the Rights of Indigenous Peoples.
Indigenous peoples believe that their land is their life; and along with the plunder of
their land and territories comes the demise of their communities;
• commit to providing resources and forming an active network of people who can
assist in doing research on the corporate and financial aspects of mining activities,
including their adverse political and social consequences. We will also support the
development of global mechanisms that communities and activists can use to hold
governments and corporations accountable;
• unite to protect and recruit more human rights defenders;
• work to pursue international remedies and engage international mechanisms to
stop industrial mining plunder and pursue and coordinate legal suits and actions in
support of people’s struggles;
• build strong linkages among scientists and affected communities, such as farmers,
fisher folk, indigenous peoples and others, in order to expose the destructive effects
of mining on the health of people and the environment, and use such technical
collaborations to strengthen the campaign and advocacy against large-scale
destructive mining.

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9
Opening
Prayer
Deogracias S. Iñiguez, Jr., D.D.
Bishop-Emeritus of the Roman Catholic Diocese of Kalookan
Co-chair, Ecumenical Bishops Forum
Philippines

Almighty Father and Creator,

Thank you for bringing us together to this conference.


Make us aware that indeed this is a part of your wonderful
design for your creation. We offer ourselves to be one
with you. We open ourselves to your will, and we offer
ourselves to be your instruments in carrying out your
wonderful plan for creation especially in this particular
aspect of cultivating the Earth through mining.

We offer you Heavenly Father each and every one of


us here and everything that will transpire so that this
conference may truly be a renewal of your wonderful
will for us, as your collaborators; co-creators in making
this world into that design which you have from the very
beginning. Father, make us become more aware of our co-
responsibility coming from you. And we offer you all those
who are present so that this may truly be a wonderful
experience of strengthening our desire to be your co-
creators in bringing your creation to its wonderful end.

Father, thank you. We offer ourselves to you. Bless this


conference. Bless each and every one of us for your greater
glory and for the true development of your creation.

In Jesus’ name, Amen.

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
10
Welcome
Remarks

Arch. Ramon C. Arguelles, D.D.


Archbishop of the Roman Catholic Archdiocese of Lipa
Philippines

This day’s International People’s Conference on


Mining could not have come at a better moment. This is indeed
well-timed and extremely relevant. Around two months ago, we
heard that very strong cry to care for our common home. One
doesn’t have to be a Catholic to be convinced that there indeed
is a great urgency to save planet Earth, to protect the lives of
people – including those who will still be born and who will
replace us in this world - and to treat this Earth better because
“our common home is like a sister with whom we share our life,
the beautiful mother who opens her arms to embrace us,” from
Laudato Si.

Before Pope Francis published his wide-ranging teaching on the


environment, many people - especially in this host country -
have been struggling to defend the rights of the whole of nature;
to continue radiating its God-given splendor. Others endure
violence and at times sacrifice their lives bolstering the efforts of
indigenous communities to keep their ancestral lands from being
seized by unscrupulous claimants driven by greed, impoverishing
the simple and defenseless. This land has so long been besieged
by several transnational bands making irresistible pledges that
however condemned susceptible folks to more serious and
irreparable destitutions. Assisting alien pillagers are corrupt
leaders blinded by money and self-interest from promoting long-
term advantage to the people they swore to serve.

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11
In my province alone, many plain folks are forced by powerful equipment and local
hired goons to vacate their lands and quit their rich farmlands, their livelihood
source for generations. The waters that used to teem with diversified fish and
feed populations near and far turned into silt and dirt deposits. The so-called
harbingers of prosperity duped many to abandon their inherited domain and wait
for the advent of a better life that will never come.

The whole world, it is true, is concerned about the survival of humankind and of
the rest of creation in probably the only inhabited and habitable planet in the entire
universe. The materially advanced nations are able to craft laws that will ensure a
healthy environment and comfortable life for their diminishing and aging population.
But do they care for the same spiritual, physical and moral well-being and benefit of
the rest of the planet?

Thanks be to God who sent us a voice who will declare, without fear and with
overwhelming force, what many leaders of this world will not proclaim with totality
and sincerity. Quoting St. Francis who more than eight centuries ago prayed,

“Praise to you my Lord through our sister, our mother Earth, who sustains and
governs us and who produces various fruits with colored flowers and herbs.”

Pope Francis forcefully asserts,

“This sister now cries out to us because of the harm we have inflicted
on her by our irresponsible use and abuse of the goods with which
God has endowed her. We have come to see ourselves as her lords
and masters entitled to plunder her at will. The violence present in
our hearts, wounded by sin, is also reflected in the symptoms of
sickness evident in the soil, in the water, in the air and in all forms
of life. This is why the earth herself, burdened and laid waste, is
among the most abandoned and maltreated of our poor; she ‘groans
in travail’. We have forgotten that we ourselves are dust of the earth;
our bodies are made up of her elements, we breathe her air and
receive life and refreshment from her waters.”

These initial words of the latest papal encyclical are sufficient to indicate to us
the direction this international meeting is taking. First of all, this conference has
fittingly chosen this country as venue for this crucial issue. After all, the Philippines
has for many decades been the favored place of mining interests. One can name the
Paracale mines in Bicol, Lepanto in the Mountain Provinces, Marinduque, Rapu-
Rapu in Albay, Semirara, and countless places in Mindanao. In all this former and

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
12
present mining places no one can say that the local people have ever benefited in a
lasting way from these mining activities. And the country, besides becoming more
miserable, now has simple residents exposed to more serious sickness, never-ending
adversities due to chemical residues, landslides, mudslides, flooding, drought,
agricultural damage, lethal marine contagion, and other forms of ecological decay.

The current evil effects of modernization, related problems of universal pollution,


disastrous climate change, scarcity of clean water, and loss of biodiversity, in the
mind of Pope Francis cannot be separated from the problem of decline in the quality
of human life and the breakdown of human society. Thus, the evident results are
numerous and include global inequality and more acute and widespread injustice, the
decline of communication and relationship among people as well as between humanity
and environment. My presence this morning in this international assembly is meant
only to welcome all of you. It is not my intention to pre-empt whatever discussions
there will be in this extraordinary assembly. But as I welcome all local and foreign
delegates, I cannot help expressing my joy in having you visit this country and choose
it as a venue for this important issue and global concern. As I welcome you in this
country and to this assembly, may I boldly ask you to support our struggle against
mining, against all activities that will worsen the ecological situation of our planet.

Our country may not be as strong as the big and powerful countries some of you
originate from. But this country is one of many struggling to progress not so much in
the material realm, which many of your countries excel in, but we want to represent
the majority of small and weak countries whose survival will also mean a lot of
blessing for the stronger and richer nations. There are many among us in this nation,
and also in many of the small nations represented in this conference, who agree with
Pope Francis that we need to promote ecological education and spirituality. This will
be our contribution to solve the problem of global instability and uncertainty which
becomes a seedbed of collective selfishness. We in this country invite all nations
and peoples to counteract the universal greed that induces many people to deeper
misery, and instead embrace once more the long-desired concern for the common
good and a life of selflessness that alone will ensure worldwide harmony between
humanity and his environment and human beings with fellow human beings.

Welcome again to this country and to this conference and may the omnipotent
source of this beautiful universe lead all of us and all nations into what Pope Francis
calls “ecological conversion”. Thank you.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


13
Our Struggle
for the Defense
of Rights, the
Environment
and a Common
Future
Opening Keynote
(Day 1)

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
14
Selçuk Kozağaçlı
Chairperson, Çağdaş Hukukçular Derneği
(Progressive Lawyers Association)
Turkey

We live in the far ends of the world but we came here to discuss our
common problems. I would like to salute all the participants: We are all welcome.

It is not only our hosts who called us here today. Yes they labored very hard and we
thank them very much for this great and important meeting. On the other hand,
we are here because we hear the cries of the nature and our future that is being
relentlessly destroyed. We have received the invitation of thousands of murdered
people, of the pillaged forests, polluted rivers and seas and the destroyed agricultural
fields.

Of course we all have different professions, different ethnical, social and political
identities. This is diversity. Today the most important thing is not our differences,
rather our desire to work and struggle together. We are the kind of people who can
hear this call, and that is enough. This call of nature and history was strong enough
to bring us together from the far corners of the world. And I believe, we can also learn
from it what we can do for the sake of internationalist solidarity and a united struggle.

This is a meeting which is focused on the mining activities of large capital and the
impacts of its methods of working and production upon the lives of the people. But this
meeting does not concern the miners and lawyers alone.

There are workers who have nothing but their labor to sell.

There are peasants who were forced to work on their small pieces of lands or on the
large fields of the big landlords.

There are miners who go down below the earth, facing death every single day.

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15
There are fishermen and women who are impoverished more with every passing
season.

There are youngsters and students with less and less hope for the future.

There are urban poor, immigrants without any regular employment or income.

There are billions of people with their families stuck in between the wars and hunger.
They are all unable to establish their own future.

And the women: They are forced to carry this burden twice for all of us.

Mines collapse, explode and poison.

Difficult working conditions leave people permanently disabled.

Air, water and soil are failing to clean and renew themselves as they had been doing
for millions of years. The working conditions of the poor, their food and sheltering
needs, their education and health expectations are getting worse day by day and
they are dragged towards hopelessness.

The poor who are struggling and getting politically organized are criminalized,
included in “terror” lists and they are losing their jobs, homelands, freedoms and
even lives just for this reason.

Because capitalism is defining our interconnected modes and relations of production


and at its current stage, capitalism is corrupting all of us, despite the fact that it is
developed unevenly and differently in our countries.

More profit, more production, more accumulation of capital, more consumption:


These are the only targets that the humanity managed to set for itself. But the
history should not only be about this.

We need a revolution. I agree that this is an exciting and disputable word. Maybe we
should use it carefully. It is very difficult to agree on the definition of such a large
target, it may even be unnecessary.

We have different dreams, beliefs and expectations brought from our own countries.
It can be possible to arrive at some common definitions in the future.

But we are here and at least we know this: We can do something together. But what?

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
16
…capitalism is defining our
interconnected modes and
relations of production and at
its current stage, capitalism is
corrupting all of us…
As Walter Benjamin beautifully put it years ago: “Perhaps revolutions are the human
race grabbing for the emergency brake.”

The profit-focused industrial growth, large scale consumption of fossil fuels, large
mining enterprises and immense electricity consumption have been transformed
into an environmental and humanitarian destruction. We must say “stop” to it.

We must say stop to the relentless exploitation of workers and peasants.

We must say stop to the wars of occupation and colonization that are being waged
under the excuse of “bringing democracy and human rights”.

If we cannot stop it right now, right here, we should unite in a struggle for slowing
down and limiting this destruction. So that we can save time for the following
generations to realize the revolution that we aspire -- to make and to live in a better
world.

Workers’ unions, peasant organizations, lawyers, political militants, defenders of


human rights and nature should be working together in this struggle for rights. This
is what we are going to do in the workshops for two days.

But first of all, we should answer the following question: Is this what we call
human? Starting from the Neolithic Age, humanity managed to create an amazing
development in its species. And is this horrible picture the end? No.

We need an internationalist solidarity that stands for the common future and
nature. We need the new woman and the new man. We need to work and struggle

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17
Let’s learn from each other’s
defeats. Let’s teach each other.
This is what international
solidarity means.

together, more than we need to watch and listen to each other. We need something
that goes beyond the interests of the multinational companies and the oppressive
and invasive state policies.

I am coming from a country where 350 miners lost their lives to the workplace
murders that are called “accidents” in the last two years. Here, I am talking about
the lives that the politicians and bosses ignored and said “There is coal down there,
and we should extract it for the interests of our country”.

I came here to tell and listen. I am a neighbour to the Syrian, Iraqi, Yemeni people in
whose borders, wars are being waged, and whose countries are under attack and invaded.
This is a place where the oil wars and occupation are defined as the “export of democracy”.

In Greece, which is another neighbour, debt bargains are made with the international
capital on behalf of the poor to pay the debts of the rich. People are outside on the streets.

Let’s tell each other our causes, experiences and successes. Let’s learn from each
other’s defeats. Let’s teach each other. This is what international solidarity means.
We can make the obstacles smaller by trying to overcome them together. Of course,
we are not trying to stop industrial production and mining.

We are trying to grab the emergency brake for the excessive greed for profit and for
the capital’s way of reasoning.

We should not forget the fact that it is the determined, relentless and pure greed
for profit that we are facing against. Such greed knows no nationality, religion or
homeland. It is destroying the entire world and all the workers who are forced to

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
18
sell their labour power for cheap as its employees. The poor people who are not its
workers are transformed into its policemen or soldier.

That is why we should adopt a form where our differences would have the least
negative impact on our struggle. We are going to explore this together. If we fail to
do so, we will restructure it. We will start from the beginning and it will go like this.
We do not have the chance and the right to give up.

We owe it to those who have been struggling before us and we have a responsibility
towards the generations after us. If we give up now, they would be counted as beaten.
Then humanity would be beaten.

There is one feeling that I know would be uniting us at the end of the congress:
Hope. We are realistic, we are aware of the difficulties but we are never pessimistic.
We are doing what is right for human and nature.

We are right and at the end we will absolutely win.

I salute everybody and I wish us a successful congress.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


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Neo-Liberal
Globalization
and Mining
Opening Keynote
(Day 1)

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
20
Dr. Carol P. Araullo
Chairperson, Bagong Alyansang Makabayan
(BAYAN - New Patriotic Alliance)
Philippines

First of all, congratulations to the organizers of this conference


and welcome to all the foreign and local delegates!

It is an honor and a privilege for Bagong Alyansang Makabayan or BAYAN that I


have been asked to give one of the keynote speeches for this momentous occasion.
BAYAN, together with its allied mass organizations and regional chapters
nationwide, has been at the forefront of campaigns against foreign, large-scale
mining in the Philippines since its founding 30 years ago. In 1998, BAYAN hosted
the International Conference Against Mining TNCs in Manila as well as the People’s
Protest Action Against Mining TNCs and APEC.

This conference focuses on the destructive effects of large-scale mining on the


lives of people living in areas where this is carried out as well as the adverse impact
on the entire country’s economy, natural resource base and ecology. It also aims
to highlight the growing peoples’ struggles all over the world in defense of their
lives, livelihood and homes against monopoly capitalist plunder enabled with the
collusion of repressive host states.

Mining, a worldwide scourge


The Philippines serves as a microcosm of how globalization or neoliberal policies
on mining lead to massive landgrabbing, rapid depletion of natural resources,
devastation of the environment, wholesale displacement of communities, intensified
militarization and grievous human rights violations.

Last July 17, the biggest coal mine in the Philippines had a mine accident killing
nine miners. In 2013, five mine workers suffered the same fate in the same mine.
The company is owned by DM Consunji Inc. or DMCI which also operates a nickel

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21
mine. Both mines have a blackened record of serious violations of laws protecting the
environment resulting in toxic contamination of water resources and degradation
of marine ecosystems in their areas of operation. Despite these violations and the
“accidents” claiming miners’ lives, the Philippine government has allowed DMCI to
continue its operations except for short periods when perfunctory investigation
into the cause of accidents are carried out.

These are the same violations and other worse crimes that mining communities in
different countries have seen:
• In South Africa, 34 striking mine workers were killed and 78 others were injured
when they were fired upon by police and security forces of UK-owned Lonmin
Mining Company in August of 2012;
• A study published in the Journal of Community Health in July 2011 recorded
60,000 additional cases of cancer among the 1.2 million people living in areas
adjoining the sites of open pit mining in central Appalachian communities of the
eastern United States;
• In Papua New Guinea, BHP Billiton’s open-pit Ok Tedi Mine has caused massive
environmental degradation and pollution of the Ok Tedi and Fly rivers and their
adjacent ecosystems. This was due to the irresponsible and deliberate discharge
of two billion tons of mine wastes from 1984 to 2013;
• In West Papua, Indonesia, mining giants Rio Tinto and Freeport-McMoran are
reported to have initially poured in $35 million for military infrastructure and
vehicles and paid at least $20 million to state security forces from 1998 to
2004 to quell opposition against its Grasberg Mine, the world’s largest gold
mine;
• In China, coal miners are one of the most exploited and have one of the worst
working conditions. There werea total of 589 accidents and 1,049 deaths in the
coal mining industry in 2013 alone. In 2011 and 2012, 3,357 mine workers were
killed in mine accidents according to the China Labour Bulletin;
• Over the last decade, more than 560 million acres or 227 million hectares of
land in Africa, Latin America, and Southeast Asia previously dedicated to food
production are now being used for biofuel production and mineral extraction;

Whether you are from resource-rich but economically poor countries in Asia,
Africa or Latin America, the stories are the same: large-scale mining projects of
transnational mining companies or mining TNCs daily violate Mother Nature,
plunder the country’s natural resources and cause untold human suffering.

Large-scale mining companies and their financiers’ thirst for more gargantuan
profits areunquenchable. They need to grab more lands for extraction and they
need to produce minerals in the cheapest way possible. They continue to search

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Whether you are from resource-rich
but economically poor countries
in Asia, Africa or Latin America, the
stories are the same: large-scale
mining projects of mining TNCs daily
violate Mother Nature, plunder the
country's natural resources and
cause untold human suffering.
for places where they can wantonly deplete resources using cheap and docile labor.
Without this, the global mining industry, beset by chronic crisis, cannot sustain
itself.

Neoliberalization of the mining industry


Their solution is the application of neoliberal policies to the mining industry. A
liberalized industry ensures that foreign corporations have the same rights as
domestic ones in exploiting the natural resources in a specific country. Privatization
ensures that the private sector (read: transnational corporations and local partners)
controls the mining industry while deregulation eliminates state intervention or
reduces it to the minimum.

In the 1990s, more than 80 countries changed their mining regimes upon the lobby
of foreign giant mining corporations and the dictates of international financial
institutions (IFIs) like the International Monetary Fund (IMF), World Bank (WB)
and the World Trade Organization (WTO). Neoliberal mining policies allowed the
privatization of state-owned mining firms. These institutionalized the free flow

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23
of foreign investments to local mining allowing full foreign ownership of mining
corporations and lands in the host country. Capital control and other forms of
regulation were lifted; generous tax breaks granted; and legitimation and legalization
of measures to quell local opposition to mining activities provided.

Local mineral production was further oriented to and dictated by the international
market and not by the particular needs of each country. This means being held
hostage to the vagaries of international trading wherein metal prices rise and fall
based on the dictates of a few mining giants, their financiers and the international
financial institutions.

One example is Peru. Jeffrey Bury in Mining Mountains recounts that in 1991 the
Peruvian government opened the mining industry to foreign investment along
with lifting restrictions on land ownership, remittances of profits, dividends,
and royalties, access to domestic credit, and capital importation. In addition the
government offered foreign investors tax-stability packages for a ten to fifteen-year
duration and implemented wide-ranging privatization programs that eliminated
competition from state-owned and domestic firms.1

In a short period of time, Peru’s mining industry became dominated by foreign and
private corporations and tied to the international market. Between 1992 and 2000
more than 200 state-owned mining operations were privatized. In 1999, private
corporations accountd for 95% of mineral production, up from 55% in 1990, less
than ten years previous. Predictably, ten foreign mining corporations are among
Peru’s Top 100 corporations.

Mining TNCs clearly cannot cannot get away with their plundering ways if national
governments do not follow neoliberal prescriptions and policies. In order to land grab
millions of hectares of lands, extract millions of tons of minerals, destroy the natural
landscape and further impoverish the people, mining TNCs need to be backed up by
governments, and through armed means if need be, via police and military forces.

In the Philippines, the ongoing liberalization of the mining industry has contributed
to the worsening of the pre-industrial and backward economy of the country. The
extraction of mineral resources for export has resulted not only to environmental
devastation but greater poverty and inequality. From 1995 to 2014, 19 major
mining disasters and contamination incidents were recorded. From 2001 to 2015,
82 environmental activists, mostly anti-mining activists, were victims of extra-
judicial killings.

1
http://people.ucsc.edu/~jbury/Publications/BuryEPA05.pdf

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Mining Crisis
The global mining industry has been facing worsening crises since the start of the
decade. The oversupply of mineral products and decreasing prices has brought about
a drastic drop in profits.

Commodity prices continued to suffer hefty blows, with iron ore, coal, and copper
prices falling 50%, 26% and 11%, respectively. This decline continued in the first
four months of 2015, as the prices of iron ore, coal, and copper fell even further.2

How then can we explain why there is a “crisis” in the global mining industry when
there is a surplus of mineral products that can be extracted at lower cost? It only
means that when there is a production surplus versus lowered demand, the price of
the mineral products becomes too cheap. This then constitutes a serious problem
for the capitalists, i.e. the mining TNCs. They must continue to find ways to further
lower production costs, increase the demand and raise the price of mineral products
in order to sustain if not increase their profit.

To do so the mining TNCs demand lower taxes and government royalty shares
along with more lax environmental laws and overall regulatory environment.

2
http://www.pwc.com/en_GX/gx/mining/publications/assets/pwc-e-and-m-mining-report.pdf

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They insist on lower wages and benefits for mine workers, more job insecurity and
lower occupational safety standards. To manipulate supply, they can even resort to
delaying their projects or shutting down some of their mines.

Nonetheless, mining companies continue to develop their production technology


and processes in order to remain competitive. They even boast of utilizing such
advances to paper over the constant threats to workers’ lives and health and to the
environment inherent in the industry.

The massacre of mine workers’ jobs was intensely felt after the 2008 global financial
crisis. According to the global mineworkers federation, ICEM, in 2010: “From Russia
to Chile, at Europe’s largest zinc deposits in Ireland where 670 were retrenched by
Tara Mines, to the hundreds of thousands of migrant miners across the world who
are out of work with no place to go, it is workers who are paying the unjust price of
capital’s failure.”

As mining TNCs ramp up their production to increase their sales volumeand recover
from the downturn in metal prices, more communities are displaced, mining TNCs
become more reckless in their production processes often violating safety standards
for their workers, affected communities and the environment.

As to the demand for minerals in the global market, mining TNCs and their
financiers are increasingly engaged in speculation in the commodity futures
market. According to IBON Foundation, “the global mining industry, just like
the major drivers of monopoly capitalism, relies on fictitious capital to surmount
the crisis.” It simply means that current demand and value of minerals are not
based on actual products produced but on speculation and are thus fictitious and
unreliable.

This month, The Guardian reported that in China,iron ore prices have plunged to a
six-year low as the commodity gets caught up in the fallout from China’s massive
sharemarket plunge, with steel now reportedly cheaper per tonne than cabbage. At
this price level, mining companies in Australia will operate at a loss while some iron
ore mines in China have already closed.

In 2000, the global mining industry had identified China as the world’s most vital
single market for its ferrous and nonferrous metals and fossil fuels. This remains
to be the case as China accounts for 40%-50% of global commodity demand. More
recently, China has itself become the leading producer and consumer of gold, copper,
iron, and coal.

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According to PwC, prices decreased by 6% in 2014 due to the combination of
additional supply and weaker demand growth, primarily from China. The impact on
the sector has led to a drop in revenues for the Top 40 mining companies, from $728
billion in 2013 to $690 billion in 2014.

People’s Resistance and the Anti Imperialist Mining Movement


As the crisis of the global mining industry intensifies, how will the social movements
for workers’ rights, environmental protection, indigenous peoples’rights to their
land,for asserting the rights and welfare of mining communities and for upholding
human rights, in general, confront the situation and struggle to prevail against the
odds? How will people’s movements for economic sovereignty, food security and
development justice square with the plunderers, despoilers and their powerful
protectors in the international, national and local levels?

We can look to our own experiences and derive lessons from our struggles, both
our victories and defeats. For despite the increasingly exploitative and ever more
repressive thrust of the global mining industry, people’s resistance continues to gain
strength particularly among indigenous peoples and among the peasantry and other
rural poor communities.

In the Philippines, the 4th biggest global mining company Anglo-Swiss Glencore
has started to pull out from the long-delayed $5.6 billion Tampakan Gold Mining
project. (Tampakan in South Cotobato province is the largest undeveloped copper
and gold deposit in Southeast Asia). Last June 2015 Glencore announced it would
dispose of its stakein the project. This decision was primarily driven by the strong
and persistent resistance of the affected communities that employed various means
including armed defense to protect their lands and the surrounding environment.
In 2010 the South Cotabato local government enacted a Provincial Environmental
Code which banned open pit mining in the Province.

In India, British resource giant Vedanta and its partner Orissa Mining failed to
convince tribal people of the Dongria Kondh villages in the state of Odisha to allow
their bauxite mining. Though the government gave the go signal to South Korean-
owned POSCO’s USD $12 billion coal mine project in Odisha, it has been delayed for
the past eight years because of strong community resistance

Prafulla Samantra, a prominent social activist in Odisha, shared an inspiring account.


He said that from 2006 to 2009 environmental clearance was given to 120 mining
projects in Jharkhand and Odisha, India. These mineral-rich areas are home to the
poorest of the poor, mostly Adivasis and Dalits. The state has launched a brutal
camapign of repression against all the democratic movements which oppose handing

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27
over their land, water and forests to profit-hungry corporations. But the peasants,
workers and Adivasis of Odisha have refused to buckle under state pressure; they
have put up stiff resistance to corporate plunder and forcible eviction all over the
state. Niyamgiri, Jagatsinghpur and Kalinga Nagar have become advanced outposts
of anti-imperialist resistance, which inspire all the progressive and democratic forces
fighting neoliberalism in India.3

In West Papua, Indonesia, Papuans continue to oppose the mining operations of


Freeport Macmoran, for decades. The mining concession is the most militarized
in Indonesia, causing so many human rights violations and environmental
destruction in one of the most biodiverse places on Earth. Their struggle against
the landgrabbing and plunder of Freeport Macmoran is interlinked with their
struggle for national liberation.

China Labor Bulletin (CLB) has documented 235 incidents of strikes or worker
protests in the second quarter of 2014. This represents a 49% hike over the same
period last year. In the first half of 2014, CLB monitored 7 big strikes and actions
which were participated in by thousands of coal mine workers in different regions
across China.

In 2010, the Costa Rica Congress legislated the banning of all future open-pit
metal mining in their country. And in 2013, Costa Rica’s highest court upheld the
ban. It makes Costa Rica the first country in Latin America to say no to future
open pit mines.

In El Salvador, the government stopped granting gold mining permits since 2008 to
preserve its water resources. It revoked the mining permit of Australian- Canadian
owned mining company OceanaGold-Pacific Rim. In 2009 the mining company filed
a lawsuit with the World Bank’s International Centre for Settlement of Investment
Disputes (ICSID) against the El Salvador government demanding US$301 million
in damages. But this did not deter the national government and the El Savador
people as they stand firm in their opposition to gold mining in their country. Still
the pending case in El Salvador provides a preview into what can be expected if
controversial trade deals like the Trans Pacific Partnership (TPP) and Transatlantic
Trade and Investment Partnership (TTIP) go through.

There are so many more heroic struggles of indigenous peoples, peasants, mine
workers, environmentalists, human rights advocates and church people in Africa,
America, Asia and Europe but their message is the same: Mining TNCs no longer

3
http://revolutionarynucleus.blogspot.com/2010/04/odisha-poverty-corporate-plunder-and.html

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Mining TNCs no longer
can plunder the common
resources as before; the
people are rising, steadfast
in their struggles and fast
gaining ground.

can plunder the common resources as before; the people are rising, steadfast in their
struggles and fast gaining ground.

In the midst of the worsening crisis of the global mining industry coupled with the
strengthening of the people’s movements opposed to it, we, as representatives of
mining-affected communities, people’s organizations and other concerned groups
and individuals are gathered here today in this landmark International People’s
Conference on Mining. This historic gathering is a point of convergence for our
heightened resistance to the intensifying plunder by mining TNCs under the rubric
of neoliberal globalization.

By sharing our experiences, learning lessons of struggle and resistance, deepening


our understanding of the global forces and systems that undergird the global mining
industry, and establishing the mechanisms for linking up and coordinating our
campaigns at various levels, I have high hopes that this conference will generate
concrete results for us to collectively move forward and achieve more resounding
victories.

Resist the plunder and destruction by mining TNCs!


Defend our rights and lands!
Oppose neoliberal mining policies!
No to imperialist globalization!
Long live international solidarity!

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29
Unravelling
Global Corporate
Mining Today:
Challenges to Mining
Campaigners
Opening Keynote
(Day 2)

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Catherine Coumans
Asia Pacific Program Coordinator, Mining Watch Canada
Canada

Thank you so much to the organizers of this conference, for having


the insight and the fortitude to host a conference of this nature and for inviting me
to speak. Maraming salamat.

I have been asked to speak to you today about some of the newer and emerging
challenges that we are facing in stopping destructive mining. This includes some
of the new strategies that are being used by the industry and by its supporters and
how wemay be more effective through joint global campaigning on particular issues.

I want to approach these things by briefly taking a step back to the 1990s, when I
would argue global criticism of mining started to be a major force in driving mining
industry strategies. It was during this time that the global mining industry was
rocked by three world-class tailings dam failures. There was the Cambior Spill in
Omai mine in Guyana.The Placer Dome spill in Marinduque, Philippines which filled
the 26-kilometer long Boacriver with tailings from the mountains to the city. And
then there was also the Boliden spill at the Los Frailes mine in Spain. In response to
global criticism, the industry did something it had never done before. It unified to
take collective action to improve its public image.

In 1999, nine of the biggest mining multinationals joined forces and they started
a two-year public relations campaign known as “Mines, Minerals and Sustainable
Development.” The target was to get language into the Rio+10 final report coming
out of Johannesburg declaring mining as “sustainable”. Along the way, this
collaboration of mining multinationals created a new powerful international lobby
organization called the International Council on Mining and Metals (ICMM).

After Rio+10 in Johannesburg in 2002, the Canadian and South African governments,
taking their cue from the mining industry, also created a new collaboration of

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governments with interests in mining called the Intergovernmental Forum of
Mining, Minerals, Metals and Sustainable Development. Some 50 countries are now
members of this intergovernmental forum.

Both ICMM and the Intergovernmental Forum are extremely active in constantly
figuring out how the governments and the industry can work together to promote
the interest of the industry. There are many programs and a lot of money being put
into this.

So out of the global backlash against the mining industry as a result of the
three spectacular mine tailings dam failures in the 1990’s, we got the current
infrastructural ICMM and the Intergovernmental Forum, as industry and
government collaborations, to support the industry worldwide.

From Resource Curse to Resource Endowment


One of the first things the newly created ICMM sent out to tackle in the early 2000s
was the strong evidence provided by a very large and growing body of literature
that show that for most developing countries, reliance on exploitation of natural
resources for development severely deepens poverty and creates long-term
development deficits both at the local and national levels. Additionally, in the early
2000s, mining critics increasingly pointed to grave human rights abuses in which
the industry was implicated.

ICMM did what ICMM is best at. It simply turned the truth on its head and declared
natural resources as not a curse but an endowment – the “resource-endowment” –
and the mining industry as the industry that could turn this buried treasure into
local and national development.

We all know that through its pollution of the environment, that with acid mine drainage,
mining can create virtual dead zones for hundreds, even thousands of years. Through
its human rights abuses; through its dislocation and dispossession of people from
their land, changing people from a state of independence in regard to subsistence and
livelihood to wage-slaves, subject to the favoritism of the very company that has taken
their land, mining continues to have a very severe and multi-generational effect of
creating and deepening poverty at the local level while distorting national level macro-
economic realities, through, for example, voiding taxes and enhancing corruption, all
of which further impoverishes the national economies of countries hosting mining.

But the “resource-endowment, mining for development” brand created by ICMM


and widely and gratefully adopted by the industry and by the home states of
mining multinationals has more far reaching consequences and advantages for the
industry than simply as a diversion from reality. It is widely believed particularly

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by the resource-endowment enthusiasts, which includes the Oxford Mining Group
at Oxford University, that the one thing that is stopping resource exploitation
from fulfilling its lofty development objectives is weak governance. That is weak
governance on the part of the host countries, of course, not the home countries.

This focus on weak-host-country-government governance has at least two


advantages for the industry – it redirects attention away from them as the cause of
bad outcomes and it allows the whole country government of mining multinationals
to step in to provide advice and develop programs supposedly to help the host-
country governments to better manage their natural resources. Oddly, these
programs seem to lead to more open doors for the multinational mining industry.

By labelling mining as a vehicle for development, the industry can also lay claim
on Official Development Assistance. In Canada and Australia, this first started
to happen around 2009. It allows the home governments of these multinationals
to work more closely with the industry, even jointly approaching developing
country governments as “development partners”. Additionally, actual development
organizations are under increasing pressure to partner with mining companies and
to carry out development projects around mine sites.

And this brings me to another related challenge that we all face –the relentless push
that is on for not only development organizations but all NGOs and CSOs to come
on board and partner with mining companies in order to ensure positive outcomes
through mining. We are all supposed to be part of the solution now. Problem solvers.
Not only NGOs but academics are also very much being wooed, as are faith-based
groups and church leaders, among others. And if we do not see partnership with mining
companies as a useful way to support communities, we are far more likely now to be
labelled as supporting not only resistance but also violence and lawlessness. It is a short
step from that to being labelled a terrorist, as a minister in Canada recently did when
he called Canadians who oppose the development of oil pipelines, “eco-terrorists.” The
criminalization of dissent in many developing countries is an increasing strategy of
governments and is linked to increased violence against human rights defenders.

Governance by Voluntary Standards


and Unaccountable Trade Tribunals
I will briefly touch on two more areas of concern and challenge for us. We are
facing an environment where multinationals continue to operate with effective
impunity as they are subject to weak - and weakened - national legislation in many
jurisdictions. Aside from these weak laws and their weak enforcement, multinational
mining companies are largely only subject to voluntary norms and codes that are
proliferating and that are inevitably a product of multi-stakeholder processes in
which corporations supported by their governments wield far too much power.

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As corporations insist that they be at every table where voluntary norms are
developed that might affect them, this now includes the United Nations where
corporations play the major role in the developing of the disappointing UN Guiding
Principles on Business and Human Rights.

Furthermore, with respect to challenges related to governance gaps, we need to


recognize the alarming increase in the use by multinational mining companies of
international arbitration tribunals, often using the rules of the International Center
for Settlement of Investment Disputes of the World Bank. And they are using these
tribunals to sue governments that are trying to either uphold national laws or
protect the interests of their own citizens.

An ultimate example of corporate capture may be the decision by John Ruggie, former
Special Representative to the Secretary-General of the UN on Business and Human
Rights, to become a special advisor to Barrick Gold’s board of directors shortly after
the UN Guiding Principles on Business and Human Rights were endorsed.

Unmasking the Nakedness of Mining Myths


Having gone down the rabbit hole of corporate branding and rebranding, it is time
to return to reality and to recognize that it is our job to debunk these myths.

The reality is that almost 20 years after the Marinduque tailings spill disaster in
the Philippines, these disasters are not a thing of the past. On August 4th, 2014,
one of the biggest global tailings dam failures happened in British Columbia in
Canada. Interestingly now, British Columbia was the home of Placer Dome which
created the spill in Marinduque 20 years ago. So now, it’s come home. And this is
happening in Canada, which is presumed to be a “strong governance” country, so
it’s maybe not just weak governance that causes these problems. Significantly, the
independent report on this disaster called for an end to the dumping of wet tailings
behind earthen or rock dams in favor of dry-stacking of tailings.

We also know that the costs of carrying in perpetuity for the legacy of mines that have
been abandoned and have acid mine drainage problems or that have dams holding
back wastes high in the mountains for example, is never ending and it is astronomical.
And we are continuing to see the serious impacts of mining on human rights, the
rights of the indigenous people, women, children and human rights defenders.

So are there opportunities to work together globally on these issues? I think on the
policy and the regulatory front, that is already starting to happen. There are global
campaigns on such issues as revenue transparency, the Dodd-Frank-type legislation,
organizing against tax evasion, the problem of transfer pricing and the use of tax

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havens by multinationals, working on a real mechanism for remedy for those who
have been harmed in a form of a new UN treaty or in an international arbitral
tribunal for communities who have been harmed by multinationals, and working
together to stop deep-sea mining, another challenge we face.

I think we can, and need, to do more in terms of concerted action in direct support to
the communities who are on the frontlines of the struggles against harmful mining.
It is these communities who are really striking fear into the mining companies as
their actions can literally threaten the viability of a mine.

Lack of social license to operate is one of the top concerns of mining executives
in these days. How can we work together to strengthen and support the frontline
actions of these communities? Can we organize a rapid response system to flood
officials with letters, where community activists are threatened? Can we do joint
fundraising to support people who are on barricades? Can we produce toolkits to
enhance knowledge of human rights, the law, mining finance or other things that
may empower community struggle?

Let me end on a positive note. The voices of those who are being harmed by mining and
of those who stand in solidarity with them are getting through. We need to recognize
our own power. We need to own our success and we need to build on a momentum
that we have created together. In other words, we have to keep doing what we have
been doing with great effect: Documenting the environmental devastation and human
suffering of the impacted communities and the sacrifices of the human right defenders
who are targeted for their courage to stand up to the oppressors, and then broadcasting
these impacts through all means that we have at our disposal, whether this be electronic
means, media, social media or through our access to chambers of power and decision
makers. And we need to continue to find ways to get the voices of those directly affected
by these projects into the places of influence, including in the home countries of the
multinationals where they can speak their truth to the power holders.

There is evidence that these efforts over many years are bearing fruit. Evidence in
the form of recognition and acknowledgement of the unacceptable practices by this
industry and the extreme environmental and human harm it causes coming from such
places of moral authority as the Vatican and the UN. Acknowledgement and recognition
of the harm caused by mining is of course, not enough. Our work is not done. But it is
a crucial step forward and it is one that we can take credit for and build on.

The huge seemingly unmovable boulder that we have all been pushing against is
starting to move. Now we need to push even harder to get it rolling towards real
change. Thank you.

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35
Global and
Regional
Trends
in Mining
Investments

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
36
Andy Whitmore
Project Manager, London Mining Network
Coordinator, Indigenous Peoples Links
United Kingdom

Thank you so much for the invite to speak here and thank you to the
organizers for organizing this great conference and for bringing so many of us
together. It’s been too long since many of us in the international community have
had the chance to meet, to review and to plan.

It is a very difficult task to summarise the state of the global mining industry in 20
minutes, to make a very complex subject easy to understand, and most difficult of
all, to make it interesting. But I will try.

I am representing different organisations (or wearing different hats, so to speak),


but the main hat I am wearing is the London Mining Network, which supports
communities badly affected by mining companies based or financed in the United
Kingdom. Much of my work, however, is focused on indigenous peoples and how
they are impacted by the extractives industries - and that is a growing problem. An
estimated 50 to 80 percent of extractive industry products and certain commodities,
for instance gold and uranium, come from indigenous peoples’ lands.

Boom and Bust Cycle and the Current State of Commodity Prices
Capitalist mining moves in a boom and bust cycle, like the capitalist economy as a
whole. It works in cycles where there is a big demand for mined products: The price
goes up, so the miners invest in bigger and more mines and produce more mined
products. And then the price goes down, so they have to close mines as they are no
longer so profitable. When they have closed enough mines, the price goes up again.

But it also works in so-called ‘super-cycles’ or bigger patterns of boom and bust
within the smaller patterns caused by global economy. From about the 1800s there
have been big fluctuations in the prices of commodities including metals all the way

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up to the present. The last ‘super-cycle’ caused by the growth of China ran from
about 2001 to 2011. In that time iron ore production jumped 180%, cobalt by 165%,
lithium by 125% and coal by 44%.

So although I am going to talk about the short term (bad) picture, remember to
think of the long-term, as the pattern will repeat. The Organisation for Economic
Co-operation and Development (OECD) estimates that metal demand will grow by
250% by 2030 compared to 2005 levels and the International Energy Agency (IEA)
says demand for energy is set to grow 35% by 2035 compared with 2010.

So in the short term, the mining industry is in a very bad way. The following is a
selection of recent headlines to illustrate this:
• “Mining stocks, metal and coal prices plunge” (Business in Vancouver, 24 July
2015)
• “For big miners, the pain’s only likely to get worse” (Bloomberg, 12 July 2015)
• “Gold majors skating close to the precipice” (Mineweb, 22 July 2015)
• “Copper prices hit 6-year low, blame China” (Mining.com, 7 July 2015)
• “Prepare for sub-$40 iron ore on glut” (Bloomberg, 29 June 2015)
• “Gold stocks crash – Barrick plummets to 25-year low” (Mining.com, 17 July
2015)

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The table below from Mineweb (Lawrence Williams, Mineweb, 24 July 2015) shows
serious losses just in the last 6 months:

As you can see:


• The price of gold dropped to the lowest level since April 2010.
• Metallic coal prices have fallen 70% from their high of US$300 per tonne in 2011
to US$93 per tonne.
• Copper is at a six year low, which is very worrying as it is often referred to as
Doctor Copper. They say it has a PhD in economics because it always follows the
economy. If the global economy is doing well, the price of copper goes up, and if
the economy is not so well then it goes down.
• Rare earths had a huge price growth in 2010 when China, which was a major
producer, cut down its production and restricted exports. Many people came into
the market and basically now the prices have gone back down again. An American
company called Molycorp which sought to exploitthis has now gone bust.

I do not have time to go into each because each often has different reasons,
especially gold.

Yet some companies either cannot or will not stop increasing production. In the
case of copper it is because so many companies have invested in long term projects.
Basically companies take a long time to build copper mines. So where there is
demand, they will open up mines. But once the demand starts going down, it is
very difficult to stop production because they are already ramping up. So in copper,
particularly in Peru, there are many big projects that are waiting to happen. And it is
difficult for the industry to stop.

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39
This is also the case with iron ore. Even though the price of iron ore is going down so
much, the companies who are producing it – Rio Tinto, BHP Billiton and Vale – have
decided to keep increasing production or have not reduced production so much. And
they are doing this as a deliberate policy to drive their competitors out of business.
They are hoping that those competitors who cannot produce iron ore as cheaply as
they do will go out of business and they will be left with more control over the iron
ore market.

The key question now is, if we are in a dip going towards the bottom of this cycle,
when is the bottom of the cycle going to happen?

That is difficult to answer, obviously. If everyone knew, a lot of people will make
money out of it which is what investors are trying to do. Much depends on the
Chinese economy and when and if the Chinese economy will pick up again.

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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After 10 years of price rises, it will probably take longer to work this dip off. A group
called Investec which does research in the mining industry, among other things,
estimates that generally prices are unlikely to start recovering until 2017. Mick
Davies, who used to be the Chief Executive Officer of Xstrata before it merged with
Glencore and he was forced out of the job, set up a new company called X2 or Xstrata
2. Lots of investors have given him money but he has hardly used any of it. That is
an indication that he at least believes that there are more problems to come for the
industry. Prices and the stocks of companies will still get lower.

If you are a campaigner you need to think about what the industry’s reaction is going
to be and what that means for us. Primary it will be:
• Companies going out of business, or moving out of mining (especially smaller
ones)
• Cutting production i.e. closing mines, reducing production or stopping
development
• Consolidating in bigger, low-cost (open pit) mines
• Cutting costs at individual mines – workers losing jobs and fears over health and
safety
• Cuts in 'corporate social responsibility' and exploration
• Cuts to shareholder dividends, so people will be less likely to invest (Anglo
American has said it will continue with dividends but is ruthlessly closing mines
and laying off workers)

Major Companies and Their Relative Size


To identify the major companies in the global mining industry, I will compare
over time the situation with the major companies. Let’s first compare the top 10
companies in 1995 and then in 2011 (near the peak of the boom).

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41
You will notice the following:
• Companies are mostly the same. There were a few name changes – Rio Tinto was
RTZ in 1995, and Vale was CVRD. There were also mergers like BHP Billiton.
• In 1995, their nationality was mostly British and made up of ex-'white settler' colonies
or countries that the UK occupied and colonized like Australia, USA, and Canada.
• In 2011 we started to see companies from the developing world, e.g. China and
India.
• Capital was big in 1995, but has grown huge in 2011 (at the time Rio Tinto and
BHP Billiton were proposing a merger, it would have made a company bigger than
Microsoft).

Let’s now take a look at a more recent listing of the top companies in 2014:

Effectively it is the same companies that are there although China and Brazil
have come along, and there is also now a company from Mexico. There are only
comparative figures for companies in the 1995 and 2011 tables, but you will see
the huge losses that have occurred from 2011 to 2014. Vale alone lost about $110

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
42
billion of its capital. Collectively, the top 40 miners have lost $156 billion in value
just in 2014.

A last thing to note in terms of mergers and acquisitions:As the tables show,
companies have a history of growing bigger through merging together (known as
mergers and acquisitions). With the downturn this has really slowed down. Since
this crash has happened, there has been far less capital. Case in point: the amount
of money invested in the Toronto Stock Exchange, where many of the smaller
companies are, has gone down year by year. And on the graph the amount of money
going into IPOs – initial public offerings where companies are set up – has dropped
down to virtually nothing.

The merger of Xstrata and Glencore was really the last big merger. If anything, there
has been a demerger as BHP Billiton has spun off some of its (less profitable) mines into
a new company called South32. Also, many of the losses they have suffered have been
because of mergers and acquisitions – paying too much for companies at the height
of the boom, the classic example being Rio Tinto and Alcan. Citigroup thought the
biggest miners wiped out $85 billion of value through bad mergers and acquisitions.

Global Breakdown of the Mining Industry


In terms of recent exploration, Canada and Australia are the top-rated countries
for exploration spending, with 13% each of global spending (Canada is just ahead,
having been the top country destination since taking over from Australia in 2002).

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43
However, in terms of a global share, Latin America leads (at 27%, with Chile and
Mexico coming in fifth and sixth positions in the country rankings, respectively),
with the Southeast Asia-Pacific region next (21%, including Australia), with North
America coming in third (20%) and Africa fourth (16%). Russia is ranked sixth with
5% share, and China has 4% of exploration spending.

Much of this exploration arein countries and regions with a long history of mineral
production. However, there is also a development into so-called “commodity
frontiers.” New “emerging markets” have become increasingly prominent over the
last decade, with these regions accounting for 60-80% of new reserves globally in
2013. Examples include the Oyu Tolgoi project, which is expected to account for
around a third of Mongolia’s GDP and Kinross’s Tasiast gold mine, which is estimated
to provide approximately a quarter of Mauritania’s GDP for this year.

There is also a new wave of miners (e.g. in Russia, India and China) who are expanding
beyond their national borders, following the example of Brazil’s Vale. An example is
Coal India, which reportedly had an estimated $6.7 billion to invest in coal mines
over the next five years in order to satisfy a rising demand for coal in India.

Finally, global warming and new technology are opening up whole new frontiers e.g.
Arctic and deep sea mining. In unconventional oil, 70% of known tar sand deposits
occur in Canada, with Kazakhstan and Russia holding the next biggest reserves.

Profits and Losses – What the Industry Gives and Takes


I really don’t have time to draw out the details so I am going to use an example from
the Philippines.

Despite all the hype selling mining in this country, claiming it will bring much needed
development, the direct job creation of the industry was only at 197,000 in 2010
(which was 0.5% of the county’s total). The amount of tax collection was only at 11% of
the theoretical maximum that could be collected. The contribution to gross domestic
product was only 1% (US $1.98 billion) and the contribution to exports at 4% (much of
it exported as unprocessed ore). Agriculture’s contribution to gross domestic product
was 16.5%, yet it is often ignored in national policies in preference for mining.

Trends in Policies, Mechanisms, and Legislation Governing Mining


In terms of ‘producer’ governments the main issue has been around so-called
“resource nationalism”. This means that countries are fighting to get more income
from the extractive companies. Yet you see that ‘producer’ countries are not always
so powerful in comparison to the companies. Zambia recently tried to increase the
amount of royalties it got and in the end the companies put so much pressure that

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44
it had to back down. Increasingly companies are taking countries to international
‘arbitration’ i.e. suing governments using bi-lateral trade agreements.

In Western (consumer) governments, there are increasing attempts at legislation


over so-called conflict minerals. There’s also an increasing obsession on recycling,
for example in Europe and in Japan, which may well lead to more cutting down of
mining production.

In company investment, there is less ‘public money’ i.e. development banks as


opposed to private money. Also there have been successful divestment campaigns,
especially over coal and climate change.

There is growing social conflict around mining, and recognition that this is important
to the companies. It has ranked 3rd of 4 most important primary risks in an Ernst
and Young survey of mining company executives’ perceptions for the last 3 years.

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45
Company corporate social responsibility (CSR) policies have been shifting from
charity to human rights, which is in line with the UN Guiding Principles / Business
and Human Rights agenda, although there is still much confusion on the subject.
This includes an increasing recognition of Free, Prior and Informed Consent (FPIC)
in company policies.See the Oxfam US report released this month on this issue.

Companies are continually pushing the idea of ‘voluntarism’ i.e. voluntary


guidelines to stave off regulation.There are a growing number of multi-stakeholder
mechanisms.

The industry body, the London-based International Council of Mining and Metals,
has done a very good job – for them – of advancing myths about “sustainable
mining”. And this is something that we need to counter.

What to Watch Out for in the Next Five Years


As Niels Bohr said, “Prediction is very difficult … especially if it’s about the future.”But
I shall have a go at advice for the next 5 years (Note my own poor prediction in a
recent publication):
• There will almost certainly be a prolonged downturn, as noted above, so understand
and take advantage of it in resistance. This is perhaps easier for communities
opposing projects than for labour unions.
• If the slump in prices is good for you, do your best to prolong it. This, I think, also
includes linking up withthose who are putting pressure on consumers over metals
(recycling, circular economics).
• We need to anticipate what the industry will do with regard to the slump. Some
of this will be consolidation on larger mega-projects and monitoring for cuts in
health and safety as a result of cost-cutting.

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Companies appear huge
and powerful, but – except in
monopoly conditions –they are
very vulnerable.
• Climate change campaigning will have a huge impact on investment in fossil fuels,
especially coal, where there is a lot of disinvestment coming and lots of pressure
from Europe and the US to ensure that people pull out of funding coal. But if we
do divestment there should be a thought for “Just Transition” to make sure that
mine workers are not put straight out of work but also have decent jobs.

Concluding Remarks
Companies appear huge and powerful, but – except in monopoly conditions –they are
very vulnerable. They have little control over prices and this is their weakness, being
trapped in commodity cycles. They are also very vulnerable to investor withdrawals
because of campaigning. They are also generally concerned about their reputations
and are vulnerable to investors and lots of people pressuring them over this.

There’s a growing grassroots resistance to mining and more global networking


happening. It is our challenge in this conference to work at how we can better
coordinate our campaigning. There are opportunities, and I think it is interesting
that – despite the huge number of complaints around the extractive industries to UN
human rights mechanisms - there is no body at the UN covering extractive industry
companies. And to some extent extractive industry companies have managed to
insert themselves over discussions on the UN Sustainable Development Goals which
is one of the key global discussions at the moment and we have to work out ways
that we should challenge that.

Finally, we really need to collectively strategize to counter what the ICMM has done
in selling the myth of ‘sustainable mining’. It is a big challenge, but I’m sure it’s one
we are collectively up to.

Thank you very much.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


47
Industrial
Extractivism
in Asia
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
48
Hendro Sangkoyo
Co-founder, School of Democratic Economics
Indonesia

The processes of energy and material exchange of the global capitalist


economy to maintain its life has never been regular, neat or regulable. Dramatic
change in the production and trading of industrial minerals since the early 1990’s
occurred as expressions of either the contradictory dynamics within the industrial
and finance capital circuitries, or natural constraints, particularly resource depletion.
The preliminary assessment being presented here therefore begins by posing a
question about some of the pre-requisites in order for us to carve out a broader and
stronger social resistance arena, as well as more systematic work to deal with what
appears to be an unscathed ability for industrial extractivism to expand.

Does the rise of people’s confrontations against industrial mining adequately


demonstrate the human social body’s ability to fight off such a systemic disturbance
to the Earth?

Expansion of Mining In Asia by Quadrants: A Quick Look


To facilitate the the cursory work in progress on the next round of energy and
material consumption in Asia, I clustered the big landmass and its archipelagoes
into four main geospatial “quadrants”, without any other criteria except countries
proximity to each other and countries’ positions relative to the north-south-east-
west axes. Quadrant 1 consists of Mongolia, China, North Korea, South Korea,
Japan and Taiwan; Quadrant 2, Kyrgystan, Tajikistan, Afghanistan, Kazakhstan,
Uzbekistan, Turkmenistan, Azerbaijan; Quadrant 3, Pakistan, India, Nepal, Bhutan,
Bangladesh; Quadrant 4, Burma, Laos, Thailand, Laos, Vietnam, Cambodia,
Philippines, Malaysia, Singapore, Indonesia and Timor Leste.

In order to compare twenty seven countries throughout Asia in the four quadrants
of countries, we developed three parameters. One is the propensity of mining

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49
companies to take the risk and share the risk across the division of labor within
the industrial and finance capital. The second is the propensity to use violence. The
third parameter is the damage that has been done by mining.

For each quadrant, we compared the key commodities, divided into five:
hydrocarbons, coal, base metals, precious metals, and non-metallic minerals. And
then we compared the five key commodities in the four quadrants of Asia in terms
of the three parameters earlier mentioned.

Preliminary Observation on the Evolving


Pattern of Industrial Extractivism in Asia
Based on our initial research we were able to extract certain key preliminary findings:
a) There has been a steady increase in vertical integration across industries which
encompasses larger portions of material flow or product flow. We can see this now
in the value and supply chains from coal to coal-fired power plants (CFPPs) with a
very intricate and complex collaboration going on. A good example of this is the
Mundra power plant, the largest and most prodigious CFPP project in India. This
plant sucks the whole arsenal of storage of coal from East Kalimantan: a barge
load of coal from the Mahakam river in East Kalimantan translates into six days
of operations for the Mundra plant.
The reason behind this vertical integration is in order to secure the fluctuative
pricing mechanisms that reflects the contradictions within the industry. Tata
Power, which owns the Mundra plant, earlier bought 30% of the shares of the
largest coal companies in Indonesia – the Kaltim Prima Coal and PT Arutmin
Indonesia. The coal from these companies are actually components of nickel and
manganese mining in eastern Indonesia, whose products are exported to Japan
and the Republic of Korea.
The location of the Mundra plant in Gujarat state in India is actually home to
extremely precious and precarious sanctuaries. You can see here the difference
between the spatial and temporal scales. It is incompatible between the operation
of the companies and also the resistance on the ground.
b) Over at least the past decade, there has been an emergent clustering of some
metabolic networks that, in effect, strengthen the industry from efforts against
popular protests or institutional checks to any particular stage in the material
or product life-cycle. An illustrations of this is the metabolic network between
Indonesia, India, Japan and South Korea which involves material and semi-
finished products starting from coal, which is supercritical to CFPPs, which leads
to the component manufacturing from metallic mining.
c) There is a rapid increase in public pressure for the tightening of environmental
compliance across industries. At the same time, there is a renewed strategy among
the states with large demand for minerals. This has triggered a rearrangement not

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50
there is a trend to designate mining
and industrial sites as “nationally
vital projects”, a euphemism for
states granting the armed forces
and the police the right to kill
unlike the earlier mode of industrial relocation. The cement industry in Quadrant
1 and 4, including its prominent bauxite mining component, is a case in point.
In China for example, the tightening of such regulations induced the industrial
relocations of cement industries to other Southeast Asian countries. This has
trigerred a new crisis of more brutal calcite mining for cement manufacturing in
Southeast Asian countries. These calcite mining operations are destroying the
remaining, most invaluable karst formations that sustain the water cycle, food
production and lives of millions in the region.
d) There is a trend among the mineral-rich countries to resort to “resource
nationalism”. An example of this is the most current attempt by Indonesia
to alter the material flow to allow domestic smeltering. This trend appears to
change only the value-chain decomposition, which may even occur in companies’
pipelines. Not unlike the case of dumping effluents across the border in the
Maquilladoran complex in Mexico, there has been a consistent similar trend in
each of the four regional quadrants in Asia. Over the past three years, Japan
in collaboration with China tried to threaten the Indonesian state’s decision
to curb its base metal export. The jump in energy consumption to serve about
150 new smelters across the Indonesian archipelago shows that the imprints of
mining expansion is much more damaging and more complex than its on-site
expressions.
e) There has been no significant change in the forms, methods or scale of commited
violence related to mining-industrial operations. In 2005 the New York Times
reported that every 6 weeks there is one person killed by the military in the
Freeport and Rio Tinto establishment in Papua from 1975 to 1997. In more recent
years, from 2009 to 2014, a pattern of more widespread yet “smaller” number of
killings in the individual industrial sites were observed. The spatial pattern is now
changed from before - it’s more subtle and more low level. Related to this, there

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51
if we successfully interrupted a
mining operation in one locality or
country...they will move easily to
another location in another country
to find different stockpiling sources.
is a trend to designate mining and industrial sites as “nationally vital projects”, a
euphemism for states granting the armed forces and the police the right to kill.
f) There’s an ongoing increasing string of privatizations of the legislative forces in
Asia. This is across the board throughout the four quadrants. In Indonesia for
fifty billion rupiah or about 10 billion Philippine pesos you can have your own
legislative bill. Hundreds of bills are done on an annual basis and everyone is
welcome. So any company – be it agriculture, palm oil, mining, etc – can join the
legislative process by supporting the parliament. There’s also no sign of breaking
away from the dependency of governments on mining revenue. In fact, there has
been a brewing tendency among the states in all four quadrants to boost the
growth of revenues from mineral rents.
g) Another observation is that there is a trend of intensified intra-regional
fragmentation of industrial production. This means that certain products are spread
over several countries. This is done to address constraints such as the interruption
of mining operations due to open protests - if we successfully interrupted a
mining operation in one locality or country, for example, they will move easily to
another location in another country to find different stockpiling sources. This is
also carried out to alleviate the problems of border issues like tariff and non-tariff
barriers, more turbulent spatial and temporal patterns of demand for minerals,
intermediate products and final products, and the growing trade imbalance among
regions, particularly between Asia and the established industrial centers. In 2011
the WTO in tandem with Japan’s External Trade Organization and Institute of
Developing Economies (JETRO/IDE) launched in Paris a new propaganda on the
so-called “Made In the World” framework, which alluded to the logic for a larger
spatial scale of industrial re-arrangement and coordination.
h) Mining dynamics in the four quadrants has for a decade been significantly
influenced by newer industrial metabolism networks such as Shanghai

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
52
Cooperation Organisation (SCO), Comprehensive Regional Economic
Partnerships, and the Trans-Pacific Partnership. The SCO, for example,
links Russia, China and the second quadrant of Asia. These networks give
surmountable pressures to national states in the regions.
There is also the the aggressive introduction of regional corridorization.
This means that whole regions, for example the Mekong region, is now chopped
off into smaller north-south and west-east regions. In Indonesia it’s called
ambidigae or what is also called the the “six corridors of sorrow”. In India there’s
the Indian Diamond corridors. There’s also the Chennai-Burma-China Corridor.
Such corridors transformed the old public imagery and public rationality
of “infrastructures”. The latter frenzy of gigantic investment in a spatially
gigantic scale of infrastructure, in turn, has been propelled by the ascendance
of infrastructure as one of the most productive asset classes, an attendant trend
of the promotion of globally seamless flow of capital/commodity since the
World Bank’s World Development Report in 1994. The longer and spatially more
fragmented value chain translates into the need for a larger scale and speedier
mineral extraction, as well as a more distributed stockpiling of minerals and their
semi-processed products. All that strengthens the appetite for risk sharing on
the part of the global industrial an finance capital.
i) Another observation across the four quadrants is about the efficacy of institutional
propaganda that our common social life has reached such a stage that we will
continue to depend on mining. The role of research institutions, universities,
and NGO’s in such a maintenance of paradigm is quite instrumental. So far, the
defense for further expansion of industrial extractivism is based on three lines of
reasoning. The first one is the widely shared belief that the continuation of the
current capitalist industrialism is both indispensable and beneficial. The second
argument has much to do with the assumption of a very long, downward-sloping
“tail” after the “peak availability” of key industrial materials such as oil gas, coal,
metals and other key minerals. The last argument stems on the belief that both
the social/political and ecological constraints to mining, material processing and
utilization and waste generation are generally controllable.

This is the situation at the moment for Asia. The whole continent has been parcelled
just like in the 19th century world. These observations suggest the urgent need for
more strategic reflections on the part of those trying to resist the further expansion
of industrial extractivism. Unless we really pay attention and appreciate the whole
problem then resistance is probably next to useless.

This is just a snapshot of an agenda that we now try to encourage everyone across
continents to work together on. Thank you so much.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


53
Indigenous
Peoples Struggles
with the Porgera
Gold Mine
in Papua New
Guinea
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
54
Patrick Yepe Lombaia
Director, Papua New Guinea Mining Watch
Group Association Inc.
Papua New Guinea

It’s my great pleasure to represent my country, Papua New Guinea,


what they call an “island of gold floating in a sea of oil” that is powered by gas yet
with people still poor. I work for the Papua New Guinea Mining Watch, an NGO that
advocates on the rights of indigenous people that are affected by mining activities
in our country.

I come from Porgera Valley, one of the remote areas where one of the biggest mining
operations in Papua New Guinea is going on. It’s now operated by Barrick Gold
Corporation of Canada and the mine has been there since 1988. I had the privilege
of working for Placer Dome when it was running the mine back in 1989, and was a
sponsored student in my young days. I decided however to quit a good-paying job
and stand up for the rights of my people, because government allows companies to
dump all their toxic waste into the rivers of the country. After my twenty years of
struggle, I decided to take up arms and become a guerrilla to fight against the mining
companies. I decided to change that direction because I thought that I should build
my knowledge and capacity. Today I’m standing here as an international human
rights advocate because I studied international human rights under a UN scholarship
to stand up for my country.

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55
When you look at the background of Papua New Guinea, it’s only a small island
country that has 6 million people. Almost 80% of this population live in rural
communities and they rely on the rivers, the sea, and the environment for their
survival. Yet the government has come up with laws and policies that wanted to
suppress the rights of the people. These laws came about as a result of outside
influence.

The government allows all the mining companies to operate in Papua New
Guinea. We have Barrick Gold from Canada, and others from South Africa. We
have almost eight mining operations now that are allowed to dump their wastes
into the river systems. Now we have Nautilus Minerals from Canada which has
large interests to explore in Vanuatu, Solomon Islands, Fiji and in Papua New
Guinea that is now regarded as an experimental area for mining in the deep sea.
It’s a concern to me but today local leaders with the intention for money try to
sell the rights of my people.

But it’s not too late. I’m going to stand up and say, no, what you’re doing is not
right. In five years’ time when you are out of office you’ll be in the streets of
Moresby. This is a small city with only 2,000 people. I’ll know where to track you
down and say no, what you’ve done is wrong, so today you and I are prepared to
talk on the streets.

I want to present the Pogera Gold Mine and its environment impact on the land
owners or the indigenous people. We have three different types of land owners in
Papua New Guinea: We have the special mining lease landowners, those who come
from the mountains or those who live within the special mining lease area. They are
entitled by the law to receive 2.5% equity but they have no say in the management
of the joint mining venture. And then we have the lease for mining premises, these
people have sold their land to the State for the ten to twenty years of the mine’s
life. They are left to live in poverty as the price of goods and services skyrocket in
mining communities. And then you have the environment impact landowners, like
me, landowners affected by the impact of mining projects on rivers like the Pogera
River which we rely on for survival. This river has now lost all economic activity.
Under law, we have the right to sue for compensation for environmental damage
projects that harm the environment.

In 1996, we in the Porgera River Alluvial Miners’ Association (Prama) negotiated


for compensation from the Porgera Joint Venture (PJV), the joint venture between
Barrick Gold and the state. We were offered 750,000 PNG kina ($300,000), which
we rejected. We then pressured the environment and conservation ministry, who
offered us about 15.2 million kina ($750,000), but we again rejected it because

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
56
I decided...to quit a good-
paying job and stand up
for the rights of my people,
because [our] government
allows companies to dump all
their toxic wastes into the rivers

other parties who were not included or involved in the negotiations were included
as beneficiaries and inserted by the PJV. 6 million kina ($3 million) would go to
these landowners who were not party to the negotiation. While these negotiations
were still underway, PJV started paying off other landowners and today they are still
paying the landowners while we are still struggling in court.

Barrick Gold decided to sell 95% of its shares to a Chinese company just before
December last year. We went to the Supreme Court and got a court order to restrain
the company from selling their shares and the matter is still before the court. Before
my travel here, PJV was still going around trying to entice the remaining landowners
who would not settle but the landowners said no. We are still waiting for the court’s
decision.

I believe that this long issue of struggling in court can be settled simply by way of
sitting down with our local officials and negotiating on the table. But it is because
of outside influence from the foreign owners of the mining companies that the
negotiations are still going on. I see that they can do everything under the sun
because I don’t have the knowledge. My people don’t have the knowledge, we don’t
have the capacity, and we don’t have the resources. But with all of you here from
every corner of the globe I am proud to stand up. I am proud to go back to my country
and be among the six million and lead my country forward. Thank you.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


57
Mining in
Latin America
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
58
Gloria Chicaiza
Mining Area Coordinator, Accion Ecologica
Ecuador

Good morning everybody. I would like to thank all the people who made
it possible for us to be here today so that we can share this energy and this life
among us.

I would like to start by saying that as in the rest of the world, Latin America is a land
in dispute between capitalism and the people. Capitalism needs our lands and our
resources in order to continue producing their capital. But the people need the same
territories and the same resources in order to produce life.

Latin America has become a center of mining expansion in the last decade. Despite
a drop in the prices of minerals, Latin America is still at the center of mining
expansion. Just last year, Latin America received 27% of all investments for mining
exploration at the global level. And mining has expanded in countries that have a
mining history as well as those that have not been mined before.

Together with this productive dimension and the investment flow surrounding
mining, there is a territorial dimension that is also important to consider. Mining has
expanded in our territories in unthinkable ways. Mining goes into these territories
and extracts all the resources from the rivers and from the ecosystems. And it leaves

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59
them completely empty – extracting all they want from rivers, from glaciers and
from the jungle. Mining destroys all these territories and their ecosystems.

The notion of territories as a mainstream element of analysis allows us to understand


the social, economic, and theoretical processes in these territories. This also allows
us to understand how these territories face the expansion of mining that is imposed
from abroad and how it generates lots of conflicts.

Mining expansion in Latin America constitutes a problem of human rights since


it takes advantage of the lack of attention to economic, social and cultural rights.
Companies exploit this vulnerability and lack of rights to promote their image of
responsibility. It promotes a fake responsibility that pretends to respect those rights.

It’s important to break with some myths established by the mining capitalists. One is
that mining investment builds infrastructure for communities. In reality, what they
build is infrastructure for the benefit of the enterprises. Another myth is that they
attend to the health and the needs of the communities. What companies are really doing
is making money from poverty since their charitable workis always tax deductible.

It is also not true that they provide work and labor. Because of mining, people lose
their livelihoods as farmers and fisherfolk. They lose those activities that were once
their main source of income.

Governments are reduced to their roles as guarantors to ensure that our land and
territories will benefit private interests. Mining companies in Latin America have
taken over and have become an almost unquestioned economic dogma. This mining
extractivism is promoted by different types of governments: from those that consider
themselves progressive and those that are not. Both progressive governments and
neoliberal governments talk about mining expansion.

It is worth mentioning that according to official figures, Latin America is doing well.
For example in 2013 the GDP of Latin America was 3.1% in relation to 2.2% which
was the world’s growth according to the United Nations Economic Commission for
Latin America or CEPAL. This means that the region grew despite the prevailing
global economic crisis.

But if Latin America is doing so well why do we still insist on looking for new answers
and alternatives? Why do we still struggle and are there constant protests? There
are times where we have governments who call themselves progressives. But there
are also times of intense mobilizations.

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Mining companies in Latin
America have taken over
and have become an almost
unquestioned economic dogma.
It is worth questioning if such so-called economic growth allows Latin Americans to
live the way we want. Will this economic growth enable future generations to have a
sustainable life? We find that the answer is no. This kind of economic growth is a terrible
problem humanity is facing. A terrible problem and climate change is only one of its
symptoms. We wonder and we want to ask - what is going to happen with the growing
population of more than 7 billion people in a planet that cannot expand anymore?

In that sense we see that conflicts in our territories tend to expand. Among us
territories are not understood in terms of land to be privately owned, but as an
area of subsistence and livelihood. That is why the community management of land,
which is repeatedly being destroyed mining projects, is of such importance.

Latin America is suffering a great disappointment with development. We cannot


accept this as the common destiny of humanity. If we have focused on external
possibilities in the past, now we’re focusing on internal solutions. We look now
to development alternatives that are borne from the inside. That are borne, from
example, from local indigenous peasant communities that have brought certain
alternatives like the “Living Well” in the case of Ecuador at the constitutional level.
Which looks for having a better relationship between humanity and nature.

I would not like to forget in this common construction for a new society the
movements of women. Our lives are not independent to each other. Vulnerable
bodies generally have to be taken care of and generally women are the one to take
care of them. When mining interacts with our culture and our territories, they
generate a great vulnerability on women and they violate women’s human rights.

I’m going to leave this open so we can talk about it because I have no more time.
Thank you.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


61
El Salvador
Struggle for
Mining Justice
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Antonia Recinos Ayala
Journalist, Radio Victoria
El Salvador

Thank you very much for all of you for being present here in this solidarity
event of all the peoples of Latin America and the world against mining companies.

El Salvador is a very small country in terms of population with only 6 million


inhabitants. We are men and women that are protecting our land, our crops, and
our lives.

Pacific Rim Mining of Canada has been in our territory, the department (province) of
Cabañas, since 1994. Since they entered our territory almost all the water resources
dried up. They stole our water, our life, and they plundered our territory. Since then,
our communities started to organize. We said “NO TO MINING!”

In 2004, Pacific Rim applied for a prospecting permit to exploit the gold, silver,
and copper deposits in Cabañas. With the help of the government, they kept the
people in the dark on the real impacts of metal mining. But communities organized
and we started to conduct timely educational activities to inform the public and
raise awareness. For the first time, different organizations were able to organize a
national gathering against mining. Since then, the enterprise started a campaign to
attack and intimidate our communities and organizations.

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The support and role of the community radio such as our radio station, Radio
Victoria, became important in informing the public to refuse the money being
offered by the companies for good publicity. When people started to say no to these
companies, the companies started a campaign to divide the people and persecute
community leaders and environmentalists.

In 2009, three environmentalists were killed: Ramiro Rivera, Dora Sorto (who was
8 months pregnant), and Marcelo Rivera. Until today, the El Salvador justice system
has not identified the perpetrators and masterminds of these killings.

It was also in 2009 when Pacific Rim sued the El Salvador government in the
International Center for Settlement of Investment Disputes (ICSID), a corporate
tribunal of the World Bank. And because we said no to mining, today, El Salvador is
dealing with a demand of 301 Million US dollars.

In 2013, Pacific Rim sold their operations to OceanaGold. We know that OceanaGold
is an enterprise not unlike Pacific Rim that is linked to serious human rights
violations.

In 2014, the ICSID heard the final arguments of the case filed by the Pacific
Rim against the El Salvador government. The company did not comply with the
requirements of our environmental laws. Social and environmental organizations
have also conducted studies showing that metal mining is not viable in El Salvador,
or anywhere in the world.

In the face of the demand that El Salvador is facing, communities have organized
and said “We’re not going to pay them to pollute our country!” We developed
different campaigns such as public forums, forums at different universities, and we
also collected people’s signatures saying no to mining and we sent them to the World
Bank.

In a recent survey held in El Salvador, 80 out of 100 people said no to mining. Despite
all these, OceanaGold is still in our territory. They are still campaigning to convince
our government to grant them the permit to mine.

Mining companies in Latin America and the rest of the world use the same strategy:
they divide communities by offering money and other economic incentives. Today
OceanaGold has called itself the El Dorado Foundation. They started giving money
to schools and communities in order to gain influence, to divide us, and to exploit
our territories.

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Let us join our forces
against the mining
companies. If we are
together, no one can
defeat us.

So as representative of El Salvador, being present here is an opportunity to call on all


the peoples of the world: let us join our forces against the mining companies. If we
are together, no one can defeat us.

El Salvador affirms its love for mother nature and life. We will keep on resisting. But
for that, we need your support. We need international solidarity.

Let us resist together! If we are together, this company will not be able to enter El
Salvador and won’t be able to steal our water. Let’s say no and let’s get OceanaGold
out of our territories.

Let us not go back to our countries without these strong linkages. Let’s share our
experiences to be stronger. For El Salvador, it is fundamental that you are with us.
I will deliver this message to the communities in my country that there are many
people supporting us. So that OceanaGold will never steal what is ours. The land is
ours. The water is ours. And the peoples are still resisting because you are with us.
Thank you.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


65
Africa Mining
Situation
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Gabriel Sheanopa Manyangadze
Director, Zimbabwe Council of Churches
Board Member, Economic Justice Network
Zimbabwe

Greetings from Zimbabwe and the rest of Africa. I am going to speak


generally on issues that relate to mining or focus particularly on Southern Africa but
I’ll also touch on other issues that happened right across Africa.

I will start with the response that the African Union has given to the issues of
mining, which is embodied in the Africa Mining Vision 2008. This program was
made by the African Union where they put in 9 program clusters of activities that
included prudent management of mineral rent, building human and institutional
capacities, mining sector governance, promoting research and development, dealing
with environmental and social issues as well as linkages and diversification.

The reason I am putting this into this context is that mining in Africa started as a
response to the needs of the industries within Europe. This led to the scramble for Africa,
with European countries wanting to get a portion of Africa particularly for its minerals.
They divided the continent among themselves. Even up to today our mining history is
linked directly to what happened during the partitioning of Africa. Mining companies
were established and continue to operate even after Africa had become independent.
What we now have are companies operating to take resources out of Africa for use by
developed industries in Europe as well as other countries such as China and Japan.

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In terms of the mining companies that are operating in Africa, you’d find some have
already been mentioned in the earlier presentations. BHP Billiton, Rio Tinto, Anglo
American, Xstrata, Barrick Gold, Vale from Brazil, Anjin from China, and Lonmin
from UK are amongst the bigger mining operations that are operating in Africa.
Their main aim is not to develop industries in Africa but to extract and to take away
from Africa to such an extent that we only have raw materials that are being exported
out of Africa and not developed. And because of that you’d find that although we
have lots of minerals taken out, there is no improvement whatsoever in terms of the
quality of life of the host communities where mining is taking place.

Most of the minerals that are mined in Africa include gold, diamonds, chromium,
uranium, iron ore, copper, coal, manganese, vanadium, platinum and oil. If you put all
of these together, Africa would not need to import anything from anywhere. It would be
a self-sufficient continent. But because all these are taken out for industries elsewhere,
Africa remains underdeveloped. And Africa remains impoverished. Africa remains with
children who cannot go to school, with health facilities that have no drugs, and also
with diseases that are growing by the day without resources to combat them.

And the impact of mining on our communities: first and foremost we have the
displacement of entire communities from their original land to other pieces of land
that in most cases do not support the kind of life that people used to have.

A recent example is in Zimbabwe where a whole community was taken out because
diamonds have been discovered in the area where they have been living for the past
hundred years. They were forced to go and live in a place with no water and the land
on which they are dependent on is of poor quality. They cannot continue to live
the kind of lives they used to live because they had to make way for the mining of
diamonds. And added to that the diamonds are not benefitting Zimbabwe in any
way. We have heard that jobs have been created in Russia, jobs have been created in
the UK, but not in Zimbabwe. And therefore the people of Africa continue to suffer
when you have minerals taken out of their various areas.

Also added to the social impact of mining is that you have the breaking up of families
because in most cases mines will only accommodate those that are employed by the
mining companies and not their families. And because of that where we have the
rampant spread of HIV and AIDS which has killed a lot of people in Africa.

We are also governed in Africa by laws that emanate from the colonial period. And
because of these archaic laws you would find that mining has been given precedence
over all other activities. Where agriculture is being practiced and a mineral is discovered
people are moved with very little compensation or no compensation at all.

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We have also had loss of lives in Africa because of mining. The wars in the Democratic
Republic of Congo have all been because of the desire of different elements to
get the minerals in the Congo, particularly the multinational companies I have
mentioned early on. We had all these people who have lost their lives in South Africa
in Marikana, also because of mining. In Zimbabwe during the diamond rush the
army was employed to remove people from those areas and they were using live
ammunition, they were using cluster bombs, and you’d find at times that this would
go unreported. In Tanzania we have had issues of skin diseases that have developed
because people have continued to use water which is polluted.

We have also had corruption which is now very rampant in Africa because of mining.
One example is in Zimbabwe where a company was given a license to do desiltation
of a river but it ended up doing gold panning using mercury and other chemicals
on a river which is a source of water for up to about a million people right along the
length of the river. We have also had decimation of rare plants and also of small and
rare animals that have their habitats in the areas where mining is taking place.

To conclude I should discuss the African peoples’ resistance to mining. In different


countries we have what we have come to be known as Alternative Mining Indabas.
This is taking place in Zambia, in Mozambique, in Zimbabwe, and in South Africa.
In South Africa we also have an International Alternative Mining Indaba that deals
with issues coming from the whole array of the world from South America to Africa
to Myanmar as well as Canada.

The International Alternative Mining Indaba runs parallel to the official Mining
Indaba which brings together mining companies, financials, insurance, and supplies
of mining equipment. And in this Mining Indaba you’ll find people will pay $2,000
to attend which effectively excludes the ordinary people. As a direct response to
that, the Economic Justice Network has come together with other agencies to set up
the Alternative Mining Indaba which brings in host communities and people that
are affected by mining. In 2015 it brought together 300 people from across the globe
who were talking about the issues that affect them in their day to day lives. As a
direct response to this as well, the International Council on Mining and Metals or
ICMM started engaging communities in 2015 because of the pressure that has been
brought on it by the Alternative Mining Indaba.

In Africa, there are a lot of things that are happening in terms of mining but most of
them are not for the benefit of the Africans but for the benefit of the places where
the companies originate from. Thank you.

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


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Indigenous
People and
Mining in
Canada
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Meeka Otway
Secretary Treasurer, Pauktuutit Inuit Women
Canada

Good morning, I am Meeka Otway and I am the Secretary Treasurer of Pauktuutit


Inuit Women of Canada, the national representative organization for Inuit women. I
would like to begin by saying a deep thank you for the invitation to participate in the
International People’s Conference on Mining and to have the opportunity to share
the voices and experiences of Inuit women.

This morning, I will be presenting an overview of the regional situation in Canada,


where Inuit communities are facing resource extraction activities and companies in
our traditional homeland. Specifically, I will be providing background information
on the regional context in North America and on Pauktuutit and the Inuit women it
represents, before focusing on the direct impacts of mining on Inuit communities.
I will close the presentation with an emphasis on recent key successes and positive
improvements in protecting the rights of Inuit women and families from the
negative effects of mining.

To begin, I must state that my presentation only represents the experiences of Inuit
women, though other Indigenous groups in North America face similar impacts and
struggles. There is an incredible diversity of Indigenous groups in North America
and each celebrates a unique culture, language and set of values and customs. Equally

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important for the discussion of mining, the Indigenous groups of North America
face very different political and legislative environments that affect their rights and
ownership over traditional land when it comes to dealing with mining companies.
This is true even within Canada.

Canada has three main Indigenous groups: Inuit, First Nations and Metis, which
are unique in their territories, histories, their agreements with the Canadian federal
government and thus their rights and autonomy over their communities. Even many
Canadians are not aware of this. Inuit mainly live in 4 regions across the Arctic and
though we are the smallest population of Indigenous peoples and live in the most
remote communities, we generally have the greatest autonomy in managing our
traditional lands and environment for development. We are also the fastest growing
population in Canada, with 50% of the population under the age of 23.

All Inuit women in Canada are represented by Pauktuutit, which has been actively
advocating for our rights for the past 30 years. Pauktuutit’s direction, priorities
and projects are guided by a 14-member board of directors that covers the 4 Inuit
regions across northern Canada, as well as major urban centres and Inuit youth. I
am currently an urban representative on the board for the city of Edmonton, as well
as a member of the executive committee. Pauktuutit’s work is focused on health,
abuse prevention and socio-economic development, though the majority of our
work is intersectional and touches on all three areas, such as our work on mining.

For the past 10 years, Pauktuutit’s Board of Directors has become increasingly
concerned about the push for mining across the Inuit homeland as a source of
economic development. While there are only 5 mines currently in operation, more
than 20 exploration sites are being developed by various companies across the 4

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Fom L-R: Inuit, First
Nations, and Metis
Women

remote regions. While the recent focus has been on mining gold, the exploration
sites and mining proposals cover a wide variety of metals and minerals, from iron
ore to silver to nickel and copper. According to the Canadian government, this
rich supply of minerals means mining should be the primary source of economic
development for Inuit communities. While these mine sites are owned by many
different companies, the largest operators are Agnico Eagle Mines, a Canadian
company, and Vale and ArcelorMittal, both giant multinationals with mining
operations all over the world.

Mine sites near Inuit communities must be approved through an environmental


assessment process, through which the expected positive and negative impacts are
estimated. In most of the Inuit regions, Inuit political bodies and communities have
a strong say in this process, however it still positions Inuit community members
against scientists, engineers and other technical experts paid by the mining company.
In the end, the federal Minister of Aboriginal Affairs has the final say.

The environmental assessment process also fails to estimate or account for many
of the most important impacts of mining, such as the impacts on women and
families. We at Pauktuutit conducted our own in-depth research into the impacts
of gold mining near the community of Baker Lake and these are the results from
our interviews and focus groups with women and service providers. While the mine
is providing jobs and high incomes in a community with very high unemployment,
most Inuit employed at the site are working in entry level positions without
opportunities for job advancement.

On top of this, Inuit women working at the mine site have reported a high incidence
of racism from non-Inuit employees and sexual harassment, including rape. Beyond

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the workplace, the mine has had far reaching and deep effects on the community.
The rotational work schedules of concentrated time at the mine site, usually two
weeks, has contributed to family breakdown as close knit families are forced to spend
long periods apart and children frequently go unsupervised while their parents are
working at the mine.

Pauktuutit’s research also shows that mining is indirectly contributing to addictions


in Inuit communities as existing issues are exacerbated by higher incomes. The police
in Baker Lake have reported dramatically increasing numbers of violent incidents
related to alcohol abuse, particularly domestic violence and sexual abuse against
women and girls. In general, the introduction of mining to this remote community
without appropriate supports and services in place has exacerbated underlying
issues and challenges.

The environmental impacts of mining have also been an incredible challenge as the
landscape has been modified, developed and polluted through open pit mining,
roads and construction and storage of mining waste. Inuit are traditionally hunters
who depend on the environment for survival. With the introduction of mining, we
have lost access to hunting grounds and animal migration routes have changed.
With wage work, we have also lost the time to be out on the land hunting. Mining,
as it is being done now, is disrupting our communities and our culture. While mining
represents an important source of employment for Inuit communities, communities
must be properly prepared and supported, and their concerns must be recognized
and addressed.

Considering the negative impacts of mining, why are the federal government,
Inuit governments and Inuit communities still approving mining and exploration
activities? This is primarily due to the lobbying efforts of mining companies and
their legal negotiations with representative Inuit organizations.

Canada’s economy is primarily based on natural resource development and the federal
government sees mining as a way to increase Canada’s export base while bringing
economic development to the remote North. The regional Inuit governments are
similarly optimistic about mining as a source of economic development, bringing
employment and procurement opportunities for local businesses. The regional
Inuit governments are also responsible for negotiating detailed Impact and Benefit
Agreements with mining companies. These agreements are intended to guarantee
economic benefits for Inuit communities and provide funds to offset the negative
impacts of mining. But these Agreements are negotiated between heavily resourced
corporate lawyers and small Inuit associations with extremely limited capacity.
Finally, the mining companies bring a complete PR strategy to the Inuit communities

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through a steady stream of community feasts and sponsored events, presentations
by scientific and technical experts on the safety and limited impacts of mining
and through promises of jobs. In this way, the mining companies take advantage
of underserved, poor communities with limited capacity to independently evaluate
mining proposals.

Ongoing challenges in Inuit communities make us more vulnerable to being taken


advantage of by mining companies. We need to build and strengthen our communities
so we are not desperate for the jobs and income from mining and so we have confidence
in our values and our capacity to stand up for our rights. Inuit have only transitioned
to living in permanent communities in the last sixty years and we are still learning
how to make the most of the Western economy without losing our traditional way of
life. An important part of this is building our capacity to participate in environmental
review processes more effectively and negotiate agreements more equally, so we can
access the potential benefits of mining on our own terms.

These changes are already starting to happen. Pauktuutit’s research was the first
in-depth study to monitor the impacts of mining on Inuit communities and it was
conducted by Inuit women, with Inuit women and for Inuit women. Similarly, in a
recent environmental review process for a proposed uranium mine, Inuit women
leaders came together with Inuit communities and Inuit environmental organizations
to oppose the mine. The proposal ended up being rejected by the review regulatory
body. This has also happened in the community of Clyde River, where the community
has partnered with Greenpeace Canada to build their capacity to protest proposed
seismic testing offshore, and in the Inuit region of Nunavik, where communities
have come together to formally support a ban on uranium mining in the territory.
Even in the case of a recently approved mine, the Baffinland iron ore mine, the
Inuit organization responsible for negotiating the Impact and Benefit Agreement
stepped up its demands, guaranteeing funds to specifically support Inuit women
and mitigate the negative impacts of the mine. Only time will tell how successful
these efforts turn out to be in the long run, but already they are crucial in showing
what communities can achieve when they come together to protect their rights.

Thank you very much. For more information, I will be presenting in the workshop
on the gendered impacts of mining. You can also check Pauktuutit’s website to find
our complete research report on the impacts of mining. I sincerely look forward to
sharing with and learning from all of you over the next two days.

Ma’na! Quana! Nakurmiik! Qujannamiik!

Conference Report | July 30 to August 1, 2015 | Manila, Philippines


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Mining and
Conflict in
Mindanao
Regional and Local
Mining Situation

International People’s Conference on Mining 2015 | Highlighting People’s Lives and Struggles In Defense of Rights, the Environment and a Common Future
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Sr. Stella Matutina, OSB
Panalipdan Mindanao
Philippines

First of all, I would like to recognize all the people coming from
Mindanao because we are many here. Please stand up. I am representing Panalipdan
Mindanao. “Panalipdan” means “to defend”. We are a group of defenders and
advocates of the environment, especially the protection of our patrimony.

I would like to invoke the spirits of the indigenous people in Mindanao called Lumad.
It’s very nice to call on the spirits of the Lumad, of the indigenous people, because
they will give fire to us. In the past two days we have been listening to inputs from
experts in the sciences, lawyers and so on. This time, we will allow the spirits of
the Lumad to move us. I hope you would join me and let the spirits of the Lumad
to be with us so that we can give justice to their struggle through our struggles as
Mindanaons.

Mindanao: the Land of Promise


Mindanao is very beautiful. We call it the Land of Promise. Because of this, people
go to Mindanao to own our beautiful land. “Minda” means land, and “Danao” means
river. So our name is our very identity. Our problem is our name. It is because of land
that we are fighting for it.

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Mindanao also means “land of the lakes”. We have plenty of water in Mindanao.
But sad to say, it is now privatized. It is owned by multinationals. So we are also
fighting for water for life and not for profit. We have the beautiful Lake Cebu in
Davao Oriental. We have many beautiful waterfalls in Mindanao and we have six
out of the ten best waterfalls in the Philippines. And we have a miniature Niagara
Falls in Surigao Del Sur, we call it the little Niagara Falls. I would like to invite you
to a beautiful creation that God has given to us Mindanaons, not to foreigners. But
I urge you to come and enjoy.

We have sleeping dinosaur islands. We also have turtle islands. Different islands, in
different forms, you can see them in Mindanao. The beautiful sea is a long stretch of
white sand. If you like swimming, you can come enjoy the water before the mining
makes it red.

In Mindanao we have the Mount Hamiguitan Range Wildlife Sanctuary. This is


very beautiful and is one of UNESCO’s World Heritage Sites. It is also owned by the
world. In here you’ll find a pygmy forest where the trees there are very small. The
6,000-hectare mountain range is declared as a protected area and there are around
200 hectares of pygmy forest. And this a home for many endemic species, for eagles,
and many other insects. This area is very rich in biodiversity. But I am very sad
to say that the area all around Mount Hamiguitan is earmarked for mining. It is
being prospected right now by companies under BHP Billiton and Amcor (Asiaticus
Management Corporation).

Mindanao: A Militarized and Plundered Land


When we talk about the plunder of the environment in Mindanao, I’d like you to
consider logging. The thing is, we don’t learn our lesson. We have gone through
many environmental catastrophes like Typhoons Sendong in 2011 and Pablo in
2012 that killed our people and destroyed our properties, but we don’t learn our
lesson. Sixteen logging permits are still enforced that cover 82,000 hectares of
forests for logging in Davao Oriental. Logging continues despite executive orders
that ban cutting of the trees. Until now, you can see if you go to Surigao, truck loads
of trees cut and being carried somewhere else.

When foreign multinationals are not there for mining, they are there for agribusiness
plantations. Mindanao is also very rich in agriculture and we have plenty of land for
planting food. But we are hungry in Mindanao.

Mindanao has a lot of big agribusiness plantations. If you look at these plantations
from up above they look interesting and beautiful. The Dole pineapple plantation in
Polomok looks like a human spine or a zipper. Dole’s Tagbina banana farm creates

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interesting patterns as a river winds through it. In North Cotabato, we have a corn
plantation that looks like a fingerprint from above. It will make you think, God
creates very beautiful things but man can also create something beautiful.

But my God, if you are talking about biodiversity, then this is just the opposite! You
kill all the insects, you kill all the other plants with herbicides, and you only allow
one kind of thing to grow. This is really against the environment. All have a place
to live, and all have the right to be where they are. All this is interconnected. But
because of money, man can allow only one thing to grow and kill all the others.

In Mindanao, you can see a lot of plantations of genetically modified crops. And if
you eat around five of them you will end up in the hospital. These crops are used for
making feeds, for making fertilizers, for the animals, etc. It is not good for food for
our people.

In Mindanao we have the biggest pineapple plantation in the country, which


is 12,000 hectares big. This is owned by DOLE Philippines, in Polomok, South
Cotabato. Plantations owned by Del Monte and DOLE – they are enjoying our vast
tracks of land. But this is not only in Mindanao. You can see them in Latin America
and in other countries.

In Surigao del Sur, we have Dole’s Tagbina banana farm. In this plantation they use
aerial spray for their pesticides. So even if you are not a banana, if you are near the
place, they will also spray you! Do you love to eat banana? I will tell you my friends,
that banana has undergone a lot of chemical protection. They have to be injected,
they have to be put in water that has many other chemicals and the cellophane that
covers them, that is also a chemical.

This is very sad. Sometimes I want to cry. I am really angry because twenty years ago,
there are many houses in these areas where the plantations are. But this time, where
are the people? Where have they gone? It is now owned only by a few multinationals.
We can talk about many other things but poison, contamination, water problem,
etc., that is our problem with vast plantations in Mindanao.

Above us in Mindanao, there is the gold of agriculture. But below us is the gold that
we are using. The ore. The minerals. We have plenty of gold, nickel, laterite, you
name that metal and we have it! If you are a miner and you come to Mindanao, you
can see many of them.

A map of mining in Mindanao will show you that there is a lot of mining operations
there. These mining projects are owned by multinationals. In Zamboanga Peninsula,

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there is the Canadian Toronto Ventures or TVI. Canadian mining companies are
here in Mindanao. They took away our gold, but they gave us their garbage. In the
internet you will read that they dumped 50 or 20 cargo containers of garbage here
in Manila. So in Mindanao they take away our gold, in Manila they give us their
garbage.

We have BHP Billiton in Surigao and Davao Oriental, and Canadian and Australian
mining companies that mine nickel laterite in Surigao del Sur. In South Cotabato
we have the famous Tampakan mining by Xstrata. As you can see Mindanao host
some of the world’s biggest mining companies. Besides those already mentioned, we
also have Anglo-American, Sumitomo, Red 5 of Australia, and Rio Tinto. Mining in
Mindanao is like the United Nations: the USA and all the others nationalities doing
their business in our land.

To really allow mining, you have to couple it with militarization. More than half
of the military forces of the Philippines are in Mindanao. So if you want to see the
military, you come to Mindanao. We have plenty of them. In Mindanao there is
armed conflict. Whether it is between the government and the Moro people fighting
for self-determination, or between the government and communist rebels, the
conflict is resource-related. It is about the resources that these groups fighting the
government are protecting. And they don’t want the foreigners to exploit it.

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We have 50,000 soldiers in Mindanao. We have 55 combat battalions. Even so, there
are attempts from people who took up arms to protect the environment. These
are what we call the rebels, the New People’s Army and the Communist Party in
the Philippines, and they were able to make an armed offensive against a mining
company. They burned the dump trunks and bulldozers of the mining companies and
in the case of the Taganito mine, caused around 3 billion pesos in damages. But only
after three days, just like Jesus Christ, the mining operation was resurrected. That
is how rich the mining companies are! They cannot tolerate not to continue mining.
After three days, they were able to buy new machines to destroy our environment.

According to the book “Mining or Food in the Philippines” written by environmental


experts Robert Goodland and Clive Montromery Wicks, we really don’t need mining.
We need food for our people. Especially because of the overlapping of territories.
The areas where the mining tenements are located are also protected wildlife areas.
They are also Lumad and indigenous peoples areas. So you deprive these people from
their lands and their living. And we have the Canatuan mine in Siocon, Zamboanga,
sitting on the a very sacred place for the Lumad. When you destroy their sacred
place, you are destroying their culture. It is very sad. You see the destruction caused
by mining to the beautiful mountains, to the sacred places, and companies destroy
them because they want to make more money.

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I’d like to bring you to the Caraga region, called the mining capital of the Philippines.
We have so many mining companies there that had been mining for thirty, forty
years. In some places they have dug up to the sea level so they had to abandon their
mines. I really want you to visit Surigao del Sur if you really want to see these mining
sites because it is so difficult to talk about it. You have to see it. You will see there
that the soil is red because of nickel laterite. And this is very irresponsible. The
scientists will agree with me. The moment the nickel ore is exposed to the sun, it
becomes poison. When I visited this place, I took a handful of nickel laterite. I did
not know that this nickel laterite will really color red like blood. And it stays very
long on your skin. You have to wash many times.

Yesterday we have been talking about acid mine drainage. The blue sea of Claver Bay
is now red from mining. People have been fishing nearby but now they can no longer
find fish. They have to go far away to get fish. The people get all the contamination,
all the health problems, etc., from the operations of these mining companies.

In Zamboanga, more than 690.000 hectares of the 1.4-million hectare land area is
covered by 278 mining tenements. So more than half of the area they will destroy
because of all these operations of mining.

If you look at the different regions of Mindanao, it’s almost the same everywhere.
Our lands are all covered by mining tenements. Whether in this region, in CARAGA

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Mining in Caraga region,
the “mining capital of the
Philippines”

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region, in Southern Mindanao, in Northern Mindanao. It’s all the same story. It’s
the same map. And these are just some of the big mining companies.

Mining is not really bringing development to our country, especially to Mindanao.


It’s like the modern trojan. Mining companies are offering us gifts of development
but in truth, these so-called gifts will kill us. So we will be losing the battle here.

Beautiful Mindanao, so rich in minerals, it’s like already our graveyard. Our cemetery.
Because plenty of our people are being killed. Those who are progressives, those who
are working in defense of those advocates for the environment, these people are
being killed. They kill us if we say no to mining. So it is very sad because they kill us
and bury us alive sometimes in our own land. It is very sad.

Attacks on the People, Schools, and Communities of Mindanao


The people of Mindanao are resisting large-scale TNC mining, in the face of repeated
attacks and tactics to divide us and pit us against each other.

We have the attacks on our people. Advocates against big mining and plantations,
as well as teachers and students of Lumad schools, have been lodged with fabricated

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Environmental defenders and anti-mining
activists killed in Mindanao

criminal suits. They are facing threats to their lives. Several of those who find their
names in the Philippine military’s “order of battle hit list” have become victims of
summary executions.

Just between 2010 and now, during the term of our current president, more than
100 indigenous peoples, environmental defenders, and human rights activists
have been victims of extrajudicial killings in Mindanao. At least 250 leaders of
communities and organizations are facing trumped-up criminal charges to silence
their dissent. Our friend who is here, Ryan, is among the activists in Mindanao
facing criminal charges: kidnapping and illegal detention. Like me, both of us here,
we are kidnappers! They always find reasons to charge us with a legal case.

Juvy Capion, the wife of Dagil Capion, a staunch anti-mining tribal leader of the
B’laan, was murdered with her two children by the military in 2012. The military
peppered their house with bullets because they thought that her husband was in
the house. That simple. They strafed the house and killed Juvy, who was pregnant
at the time, and her two young sons. And Fr. Pops Tentorio, the Italian priest. He
worked in Mindanao for 29 years and after working and helping our people, after
initiating schools for the indigenous peoples and for the Lumads, and after helping
them with their livelihoods, the military killed him. They killed him because he is
anti-mining, anti-agribusiness plantations and anti-plunder of the environment. Up
to now, there is no justice for their deaths.

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85
[Profit] gives you
the authority to kill
a child, because
you want to profit
from the resources
in the area.

We have all those people crying out for justice. That is what profit means. It gives
you the authority to kill a child, because you want to profit from the resources in
the area. That’s the only reason. And it is always children, mothers, poor people
suffering from that.

The church is also part of this divide and rule tactic. Why are some of our priests and
bishops silent? Because they receive donations from the mining companies! And if
you look at their churches, their floor is made of granite. And on their window, you
have a panoramic view of mining destruction to enjoy in your contemplation. This
is really crazy. I don’t know what kind of faith we have. Our Holy Father is already
calling us to ecological revolution!

On the other end of the spectrum, we also have all the other sisters who are very
famous in Mindanao. We are saying no to mining so they are threatening us. We are
an endangered species but they’re also trying to kill us. There is a loss of biodiversity
because there are very few sisters now that you can see in the streets.

The mining companies, with the help of the military and the government, are also
attacking our schools.

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Indigenous community schools in Mindanao have been targeted for closure,
encampment, vilification, and harassments. 87 indigenous Lumad schools in
Mindanao are suffering from various forms of these military attacks. These schools
have been initiated by Lumad community organizations, with assistance from
non-government organizations and support groups, in response to the need to
address high illiteracy rates in rural areas. Nine out of ten Lumad children have no
access to formal schooling. This is happening because the government abandons
its responsibility to give education to our people. So in remote areas, there are no
schools. And yet, these schools are banned as communist schools, and they attack
the schools. And the children are now having no schools at all.

The Alternative Learning Center for Agricultural Development or ALCADEV is one


of the very few high schools in Mindanao for the Lumad. This is led by our friend
Emok who is here. Thanks for all those who support ALCADEV in Surigao del Sur.
How beautiful for the Lumad to have their right to education. Yet again, this is
banned again as a communist school.

They have been attacking our communities. At least 40,000 Lumad have been forcibly
displaced from their ancestral domains due to militarization. They have fled their
homes in fear of the military and the paramilitary groups that are threatening them
in their communities. The Armed Forces of the Philippines (AFP) have unleashed 20
indigenous paramilitary groups called Alamara, Tribal Warriors, Bagani Force, etc.,
to sow division and terror in Lumad communities. The military armed their very
own brothers, sisters, cousins. They armed other Lumads who are pro-mining. This
is how they divide and rule. We kill each other and then the mining continues. And
that is the saddest thing, brothers fighting against each other.

In Davao City, at least 300 Lumad from the town of Talaingod are living in an evacuation
center because of the militarization of their communities. They are staying in the
compound of the UCCP church. This is a sacred place, a sanctuary for the Lumads.
They go there because they feel safe. And then they go home when the military are no
longer in their areas. But what happened one day was that the military came bringing
trucks and buses and forced them to go home. But the Lumads don’t want to go home
because the the Bagani paramilitary forces are still in their areas. They feel more safe
in the evacuation center. So the military and the police barged in and ransacked the
area. They were accompanied by Congresswoman Nancy Catamco, the chair of the
committee on indigenous people, who called the people stinky.

Our Appeal to IPCM 2015


What can the international community do to help the people of Mindanao? From
August 2 to 9 we will be having an International Solidarity Mission to the different

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regions in Mindanao, and we encourage you to come and join the ISM so you can
experience yourself what I am talking about here.

Or we can organize another study tour, international fact finding mission, and other
forms of collaboration.

In December we will be conducting a campaign called the Manilakbayan 2015, where


we will journey 1,000 kilometers from Mindanao to Manila to bring our voices to the
national capital. You can help us by supporting or sponsoring one or several of the
Lumad participants to the Manilakbayan. You can also help by adopting a Lumad
school.

We also appeal to you to help us with the public dissemination of Mindanao issues
through different forms of media, in our local and international networks, and of
course through social media.

We have so many calls, but here they are:

Defend Mindanao from Militarization and Plunder!

Stop Oplan Bayanihan, the Aquino government’s war against the people!

No to Big Mining and Plantations! Cancel all mining permits! Stop plantation
expansion!

Stop the attacks on our schools! Rescind DepEd Memorandum 221 or the
militarization of schools!

Pull out military troops from our schools and communities!

Stop the Attacks on our Communities!

Disband all indigenous paramilitaries!

Indemnify rural communities displaced by militarization!

Justice for all victims of extrajudicial killings by the Aquino government!

Drop false criminal charges against our community and sectoral leaders!

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88
Beatriz Rodríguez-Labajos

Towards
Autonomous University of Barcelona
Spain

Environmental Begum Ozkaynak


and Cem İskender Aydın
Justice Success Bogazici University
Turkey

in Mining
Resistances:
An empirical
investigation

We thank deeply the organisers of this conference for the


opportunity to exchange information about people’s struggles against globalized
mining operations.

My name is Beatriz Rodríguez Labajos and together with my colleagues Begum


Ozkaynak and Cem Aydin, we’d like to share with the you some results from our
investigation that provides evidence-based support for successful environmental
justice (EJ) activism. This report has been recently published and is freely available
online.

During the last four years, we have cooperated with partners from twenty different
countries in a project called EJOLT (environmental justice organisations, liabilities
and trade) which has engaged both activists and academics in collaborative research
about environmental justice conflicts. Within EJOLT we three have particularly
focused on analysing mining conflicts and anti-mining activism.

In particular, our objective has been to assess the outcomes of contemporary mining
conflicts by applying a collaborative statistical approach to the political ecology of
mining resistances.

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Analyzing Mining Conflicts
The starting point of our interest in analyzing mining conflicts was to notice that
the increasing number of environmental conflicts around the globe share many
commonalities but they are also very different in terms of the level of visible
resistance, intensity of the conflict, outcome and so on. The organisations involved
in the conflicts employ different strategies but they are also located in countries
that are diverse in terms of their level of income or political culture.

So far, the study of these conflicts has made remarkable progress based on case studies,
and we can find reports in the scientific literature and also ad hoc campaigns for
specific cases that helps us to understand and address better each particular context.

But there are hundreds of these conflicts that occur along the stages of the mineral
commodity chain.

Mining-related conflicts,
including exploration,
extraction and processing;
27/07/2015. Source:
https://ejatlas.org

Prior to the extraction itself, problems of access to resources occur, for instance,
when land or water is taken by a given mining project.

There are conflicts related with material extraction itself, in particular, when new
mines are opened or existing ones are expanded.

Sometimes, problems emerge at the stage of mineral processing or due to the


transport of the minerals.

Finally the conflicts can erupt regarding waste management from extraction
processes, as in the case of tailing dams.

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And again, each conflict has particular characteristics that, thanks to collaborative
initiatives like the preparation of environmental justice atlas, can be visualised as a
whole.

Mining Conflicts and Environmental Conflicts


So how can we say something coherent about this diverse set of conflicts?

We know that from an intellectual perspective, the worldwide intensification


of resistance movements is at the interplay between political ecology and social
movement theories.

These theoretical concerns seem to converge in the engaged field of environmental


justice where for years there has been a fruitful collaboration between scientists
and activists trying to demonstrate and redress the unequal distribution of
environmental burdens and the lack of participation and representation of affected
communities in the projects.

What we wanted to do bring this collaboration one step forward by employing an


statistical approach to the study of mining conflicts, offering a new way to analyse
them that went beyond the very interesting work that has been addressed already
with a case-studies approach.

For this, we already counted with a source of evidence, the ejatlas, which is probably
the best catalogue available of ecological-distribution conflict.

After that we also adopted an engage model of science trying that the preparation of
research questions responded to the intents of EJOs and that the analysis was done
hand in hand with EJOs.

This is how we came out with the three types of results that are presenting today,
that encompass:
• Network analysis, comparing the networks of the companies and the EJOs
involved in the conflicts;
• Statistical analysis to understand the intensity of the conflicts, the perception of
EJ success and the variables present in the paralisation of the projects; and
• Qualitative analysis, understanding factors that configure ‘success’ and ‘failure’
considerations, from an EJ-activist perspective

Empirical Work in the EJOLT Report


Good morning, my name is Cem İskender Aydın. I am going to start to talk about the
empirical work we conducted in the report.

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The empirical evidence used in this report covers 346 mining cases from around the
world that are featured on the Environmental Justice Atlas, which compiles systematic
information on ecological distribution conflicts jointly provided by academics and
civil society groups

However, these 346 cases are not evenly distributed around the world. For instance,
161 cases are from countries in South America and 61 cases are from countries in
Meso America. And only six cases are from United States and Canada.

Frequency of mining cases


studied in the EJOLT report

Even though the current list we have in EJOLT database is neither exhaustive
nor fully representative of mining conflicts around the world, the information it
provides is most likely the best presently available in this area, especially for South
America, Africa and Europe. Furthermore, the concentration of conflicts in Latin
America is consistent with the wave of movements, mobilized against the increasing
investments of the mining sector over the past decades.

Mapping the Interconnectivity


of Mining Operations and Companies
To better understand the overall picture of the mining resistance and reveal the
main parties involved in mining conflicts, we took another look at these three
hundred and forty six mining conflicts and processed the information with a rather
new method.

We employed social network analysis to examine and better understand the


relationships and coalitions among national and international mining corporations,
and among resisting groups.

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On the left hand side, a coalition network is constructed for mining companies by
using the 600 companies reported in an open-ended manner in the 346 mining
cases mentioned above.
Relationships and
coalitions among
mining companies (L)
and among mining
resistance groups (R)

On the right hand side, a similar coalition network is constructed for the resistance,
by using 1,092 Environmental Justice Organisations and other supporting groups.

When we compare the two networks, it is possible to argue that the mining resistance
network at hand is strikingly much less intertwined than the network of companies.
There are fewer links among resisting groups.

The analysis reveals that the network of mining companies consists of many sub-
networks of different sizes. And most of the conflicts are located in the biggest part
of this network, labelled as the primary component, encircled in red.

Mining Companies in Primary Component


Let’s have a more detailed look at the primary component in the company network.
Here, bigger nodes mean that, the particular company depicted by this node is
involved in more mining conflicts.

In this big component, most of the companies represented by bigger circles are well-
known, big/international companies such Vale (based in Brazil), Rio Tinto (based in
the UK), BHP Billiton (based in Australia), Barrick Gold (based in Canada); Glencore-
Xstrata (based Switzerland); and Anglo Gold Ashanti (based in South Africa).

Investigating the network structure of mining corporations is important to better


comprehend the strategies they use to access the frontiers of extraction. For instance
these big companies are well-connected not only among themselves, but also to
other national firms. This may be a strategy to overcome national regulations that
prevent the participation of international investors.

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Looking at this picture, we can say that some conflicts which are surrounded by
these big players are in big trouble. The big five companies are so intertwined that it
is difficult actually separate them. Conflicts falling into this area are likely to suffer
intense corporate pressure. Many conflicts in Latin America are in this area.

Looking at this network, there are many individual stories to tell, it is up to the
environmental justice organisations to use the information.

Regression Analysis of EJ Data


Thanks Cem. My name is Begum Ozkaynak and I would like to tell you a bit about
the statistical analysis we conducted. By using the dataset we had in the EJOLT atlas
for mining conflicts we ran some multivariate regressions to better understand what
makes EJ served, when is mining conflict more intense and when is a destructive
project stopped.

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We had 15 explanatory variables in the dataset which we used as factors for
investigation. These were associated with the project context and design (like
presence of international financial institutions); conflict characteristics (such as
income level of the country); impact groups and type (like potential or observed)
and features of the resistance – like timing of the mobilization or groups mobilising.

So what makes EJ served?

We had asked activists “do you think EJ is served in your case” and had received
answers in “no, not sure, yes” categories.

Looking at the regression results, it seems, the more important the company node
was in the network, the less likely it was for respondents to give clear ‘yes’ and
‘no’ answers for EJ success; they were more inclined to state they were ‘not sure’
instead. This is mainly because when big, well-connected companies are involved
in conflicts, they tend to be responsible and try to compensate some losses to keep
the operation going. Yet, since it is not easy to compensate for all losses and some
of them are not compensable from the local communities’ perspective, there is no
clear decision on the perception of EJ success or failure.

In addition, two significant positive determinants of EJ success are worth noting


here. Mobilising during the prevention stage and high intensity reactions seem to
make a difference. These two factors not only increase the chances of achieving EJ,
but also decrease the likelihood of EJ failure. Another key positive correlate of EJ
success is the ability to halt a project. When this occurs, reports of EJ success are
more likely, and reports of EJ failure are less likely. Having international financial
organisations involved in a project seems to help in achieving EJ success as well,
presumably because governments and companies act more responsibly.

Since conflict intensity seems to make a difference in EJ success, we wondered in


which case a conflict is more intense?

It appears that immediate potential impacts — both socioeconomic (e.g.,


displacement, land dispossession, lack of work security) and environmental (e.g.,
surface water pollution, water decrease, crop damage, soil contamination) —are
significant positive correlates of conflict intensity.

This is to be expected, since any immediate impact related to land, water and
security, though potential, puts people’s livelihoods and daily lives at risk, leading
to rapid and intense reactions. Presumably, this is also why conflicts are more likely
to be of high and medium intensity during the prevention stage, according to the

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analysis. People mobilise and their reactions are more forceful when impacts are
potentially threatening, just before a project becomes operational.

Moreover, in terms of observed impacts, long-term health impacts (e.g., infectious or


environment-related diseases and exposure to unknown/uncertain risks) also seem
to be significant sources of high and medium intensity conflicts. Not surprisingly,
when people’s lives are at stake, and when impacts are not fully compensable,
conflicts seem to become more intense.

When economic actors and marginalised groups are involved, high and medium
intensity conflicts are more likely. This is presumably because it is easier to coordinate
and mobilise high intensity action when there are organised groups; people not just
on their own.

When is a destructive project stopped?

Unlike the other two regressions, with our analysis, it is not possible to distinctly
pinpoint when a destructive project will be stopped. This is mainly because all
correlates obtained in the analysis are negative. Hence we assert that the results
provide insights on when projects continue rather than on when they are stopped.

Projects are less likely to be stopped, for instance, when a company node in the network
becomes important — a sign of well-connected and powerful firms—or when conflicts
are present (e.g., corruption, repression of activists, criminalisation and violent
targeting of activists, displacement), signalling a powerful and suppressive state.

In contrast, stopping a destructive project seems to be related to some other factors


that are not well-captured here—the institutional context and the rule of law, for
instance. It is also telling that in this dataset, not a single project was reported as
being stopped in low-income countries. Given that state-society relations in such
countries are weak and multinational companies are mostly backed by the state, this
result is hardly surprising, and appears to emphasise that state-society relations and
institutional contexts matter in ensuring a project is halted.

Measuring Environmental Justice Success


Defining EJ success or failure is a delicate point that needs to combine the
perceptions of activists, with concrete facts that can be argued as explanations of
such success or failure. Sometimes a mining project goes ahead despite the resistance
of the community, and this is considered as a failure, but sometimes the resistance
itself creates new networks of solidarity and this is reported as a success despite
the construction of the mine. In some cases a project is stopped at the expense of
human lives and only a few claim successes then.

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For this situation, we analysed the reply to the question ‘Do you consider your case as
an EJ success?’ together with the reasons offered to explain the response and examined
with more detail the idea of environmental justice success in mining conflicts.

When activists and groups resisting in mining conflicts were asked the most
frequent response was ‘No’. In 46% of the registered mining conflicts, the answer is
indeed negative, and in 35% of all cases, there was no one single favourable element
reported, so these are unambiguously recorded at the lowest level of EJ success.

Among the ‘Not sure’ responses, the most common situation (28 percent of all
conflicts) was that the mining project was in operation, which in fact was identified
as the most frequent reason for failure. In 5 percent of mining conflicts, the project
had stopped, the most frequent reason to explain success, but uncertainty remained
concerning what would happen in the long term or other reasons that are specified
in our report. Finally, around 21 percent of the mining conflicts reported were
considered EJ successes, although this was on the basis of exclusively favourable
considerations in only 13 percent of the cases.

The most common perception in all regions of the world, with the exception of
North America, South Asia and Meso America, was that mining conflicts resulted in
strong EJ failures, without any reasons to qualify the situation otherwise.

This was most noticeable in Africa and South East Asia & Oceania. In the case
of North America, EJ failures were mostly accompanied by certain favourable
conditions; in fact, the weight of these favourable conditions even caused activists
to often doubt whether it was truly a failure or a success.

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In Europe, the weight of achievements is accompanied by unfavourable factors and
thus successes were not recorded at the top level.

We acknowledge that this result is preliminary, as many areas of the world, in


particular Asia, are still to be better characterized in the original dataset.

Keys to Environmental Justice in Mining Conflicts


With the objective of providing elements for the conceptual development of the
environmental justice concept, the factors used to explain the responses were
analysed according to their frequency in terms of the different levels of success.
This allows grouping them around some key themes, offering an alternative view
to constituents of environmental justice in mining conflicts beyond the classical
categories of distribution, representation and participation.

The key to EJ achievement is, no doubt, the disappearance of a project that


is perceived as the origin of the injustice. In addition to being stopped, it is also
important that the project does not generate any impacts. The project and/ or the
occurrence of impacts trigger a reaction from the community, which engage itself in
a relationship with powerful actors.

The maintenance of level of social cohesion that guarantees balanced dialogue with
the main powers, be it an economic actor (such as a mining corporation) or political
one (related to the state) is another perceived key aspect of environmental justice.
Then the prospects of an institutional response (understood here as a response
by the different branches of the government) would come from the relationship
between the mobilised community, and the economic or political source of power.

All in all, the conceptual framework here presented serves to explain that no factor is
capable of determining per se whether a situation is environmentally just. Instead, the
perception of environmental justice arises from a balance in these four different areas.

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Recommendations for Economic Justice Organizations (EJOs)
From our results, it is clear that mining activities result in numerous environmental
injustices—at local and global levels.

In response, communities take intense action, in particular, to prevent immediate


impacts. Mining activism is therefore an important component of the global
environmental justice movement.

Still, there is need to strengthen resistance against injustices. Our understanding


from the results has led us to offer certain recommendations that we are aware need
further elaboration in a dialogue with the EJOs.

In general, starting a resistance as soon as possible in the lifespan is consistent with a


narrative of stopping a project even before it causes impacts. In this early action, not
only the affected communities but also other supporters from the academia, regional
economic actors and legal experts should be invited. If the project evolves towards
the so-called ‘negative pathways’, that is, it entails violence, the likelihood that that
it is perceived a success is lower. This does not entail a cause-effect relationship. We
believe that activists in violent cases usually do not have an impression of success
regardless the outcome.

In relation to the interconnection of conflicts, the EJOs network is clearly not so


much intertwined as the corporate network. For EJOs there is need to develop a
more resilient activist network. When only local community members are involved,
a situation that we call the ‘loneliness of residents’ they are particularly at risk. For
this reason, EJOs should not be focused only on their own conflict, but cooperate
with communities that found themselves in similar conditions.

These links should be built not only with the national or international EJOs, but also
between local, small EJOs. One advice here is to create links with cases where there
has been a favourable result, usually, the paralysation of the project. In these cases
of successful resistance, the residents themselves had to deal with many concrete
pressures and therefore are keen to share their experience with other people that
may be suffering the same situation.

This is all for our presentation. We want to thank you for your attention. We also
thank the different EJOLT participants, and in particular the co-authors of the
mining reports for their valuable contributions. The three of us will be glad to
respond to your specific comments or questions by email. We also invite you to
visit the EJOLT webpage were you can find two reports focused on mining conflicts
explaining in detail the content of our presentation today.

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99
Mining
Pollutants:
Risks that
Communities
Face

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100
Prof. Ron Watkins
Director, Environmental Inorganic Geochemistry Group
Australia

Before I start I would like to thank very much the organizers of this
conference. It is quite a surprise that I am here because I am not usually speaking at
forums with people like yourself. It is a great privilege.

I was given a brief on a topic that would take me one year to talk about to you. So I
have decided to give you a little talk about mining pollution, specifically geochemical
pollution at the mine site from the perspective of an environmental geochemist.
That is what I am. I look at how chemicals behave in the environment and one of the
biggest fields I work with is in mining.

For this talk, I will try to share with you some concepts and ideas to help increase
your knowledge of geochemical pollution. At one point in the talks this morning I
recall Patrick Yepe Lombaia from Papua New Guinea saying that neither he nor his
colleagues in the community had the knowledge to argue a case of mining pollution
back where they live. And so that would be what I will be trying to give you. It does
not matter if you are on the side of mining or you are on the side of anti-mining. The
biggest barrier to sensible outcomes is a lack of knowledge.

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Introduction to Environmental Geochemistry
What is environmental geochemistry? It’s the study of the variation in the chemical
composition of the Earth’s surface that results from human-made and natural
influences. That is very important because if we want to understand how chemicals
move in the environment then we have to study both. We can’t study and evaluate
the importance of what miners do unless we understand the background or the
natural situation that it affects.

When an environmental geochemist looks at a picture of the Earth, he or she sees


a chemically closed system. And what we mean by a closed system in chemistry is
that energy can come and go. Your cup of tea, for example, is a closed system in
that it can be hot but then it can lose energy and then be cold but the tea does not
disappear, the matter stays the same. That is what we have on Earth.

The Earth is also a dynamic system. That energy you see in pictures of the Earth –
the cloud, the weather – all the oceans are moving around energetically as well. That
is driven by heat from the sun but there is other heat in Earth. There is the heat that
the Earth adds into its formation and that drives the real dynamism of the rocks.
The plates, the crust of the Earth, is continually moving. This is important because
it is from this dynamism that ores are generated. This explains why an ore body
is formed deep in the Earth but is brought near the surface shallow enough that
miners can actually access it.

So we can view the Earth’s dynamism from the perspective of geochemical cycles. The
human influence on the natural environment can be viewed in terms of disturbances
to natural geochemical cycles and in fact man’s influence on the environment. What
you are discussing at this meeting about mining today should be regarded as causing
changes to dynamic processes, not irreversible changes of a static situation.

In the case of acid mine drainage from mines, we are perturbing metal cycles like for
example iron, sulfur, lead and copper. These cycles take place over usually a hundred
million years or often very much more. With mining and acid mine drainage we are
changing it.

Understanding Pollution from a Geochemical Standpoint


A common view on pollution is that it is static, for instance, the thinking that we just
keep piling on the pollution and it gets worse and worse and worse. This is really not
true. If we think the world was once how it was – static – and all we do is despoil it,
it implies that the process is irreversible. This is not true at least in the long term. It
leads to a limited and incomplete comprehension of pollution and does not address
the final residence of a pollutant. Very often I’m questioned about an incident, for

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instance a tailings dam failure, and what’s usually asked are, “who’s responsible?”
“How did it happen?” Even hopefully “how can we prevent it from happening again?”
and even “what killed the fish? Why did the fish in the river below the tailings dam
die?” I’m very rarely asked, “what actually happened to the cyanide, or the copper,
or the lead that was released?” Because it didn’t seem important but it is and so it
gives an incomplete view.

Also, if you only think of the world as static, it disallows the means by which we can
actually judge the impact or the degree of severity of a pollution event by suggesting
there’s no equivalent in nature. When we are studying a dam failure or pollution from
a mine, the question we are trying to answer commonly is not “how did it happen
or not” but usually reasonably obvious, “how serious was it?” Was it something that
we will get over? Or is it really catastrophic? And you can only measure that degree
of severity if you can compare the amount of change we have made to the cycle with
the speed of the cycle itself.

Just a small diversion, I would like to just bring in a case of a different sort of
chemical. You do not generally have to worry about these chemicals; they are at
the mines, but they are in our towns as well. They’re often called toxic persistent
chemicals or persistent organic pollutants. They are the chemicals we generally
make in laboratories. Around the world there are millions of chemicals being
made that didn’t exist in nature before. When we’re dealing with a product that’s
synthetic, that’s made by scientists and industry, we know the natural background
concentration is zero. It did not exist on the Earth until it was made. We know
and we can expect that however hard it might be, if you want to clear up that
pollution, you can. It may take a lot of time and money but we can actually rid
the environment of that chemical. Because a zero concentration was natural, by
clearing up that problem we cannot negatively affect the environment. We cannot
take away too much of the pollutant.

When we compare that with the important chemicals we may have as pollutants
at the mine sites it is different. The metals and other materials that we produce
and release during mining do exist to some extent in the natural environment. We
cannot expect however hard we try ever to remove those chemicals totally from the
environment. And even if we did we could cause harm to the environment where
there are animals and plants that have lived there because they need that particular
chemical. So it is a very different situation between these common industrial
pollutants and the metals and metalloids that we mine. In mining we don’t invent
chemicals. We do not produce copper and so on but we change the form it is in. And
that is another way of saying we perturb natural geochemical cycles.

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2013 landslide at Bingham Copper Canyon Mine (left); Collapsed rock stockpile at Bingham Mine (right)

Let me show you the biggest mine in the world. This is just a few kilometers out
of Salt Lake City in Utah in the United States and it’s the Bingham Canyon Copper
Mine owned by Rio Tinto. This mine is about 5 kilometers across at its top and it’s
1200 meters or so deep. I say that with some reservation because in April 2013
there was a catastrophic slumping of tailings that was stored around the top of the
mine into the mine. And again in October of that year there was another landslide.
Fortunately for the environment this went into the mine and not elsewhere. The
rocks that were mined are tailings that simply by being stored at the Earth’s surface
for a number of years slump back into the mine and were very different. Instead of
the usual greys and blacks you see in rocks they have the orange-brown color of acid
mine drainage. The greenish color of the lake at the bottom is probably through the
copper – it is a copper mine – it was overtaken by the orange color that is from the
acid drainage.

Can we mine without affecting the environment geochemically? The answer is No


way, Jose! This is not possible even if we do mining in a one-man scale. We cannot
do that sort of operation without affecting the environment somehow.

Back in 1987 the World Commission on Environment and Development chaired


by Gro Harlem Brundtland said that “sustainable development is development
that meets the needs of the present without compromising the ability of future
generations to meet their own needs.” If we reinstate this definition just as it
applies to mining it might read, “the undertaking of all aspects of mining operations
without the creation of any long-term pollution.” And the very important word
there is pollution.

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Can we mine without affecting
the environment geochemically?
The answer is No way, Jose!

Pollution at the mine site can take on many forms. It could be just visual, aesthetic –
people don’t like big holes in the ground often. It can be noise, vibration, instability,
particulates like dust in the air, turbidity in the water, even smoke from machinery.
And it can even be heat – we know that just by taking water from a river, using it
and then putting it back in the river a mine can have bad effects on the ecosystem
because the water goes back at a higher temperature. But we can’t really criticize
mining for that because all our urban cities do the same thing wherever their water
supply is from rivers.

I believe the most important kind of pollution coming from mines are geochemical.
It is the one we have to be most concerned about, as it is long-lasting and it’s largely
irreversible on our time scale.

Think about the day a mine closes. To a very large degree, all of the other kinds of
pollution stop. At least there is no more when the mine closes. However, in the case
of acid mine drainage for instance, there’s much more danger and risk of it after
the mine closes. While a mine is working, particularly a gold mine, there’s hardly
any risk of acid mine drainage. But when mining ends, a mine closes, that is very
often when the worst of the pollution occurs. And the result of that is that however
badly modern operating mines are, the greatest problem with chemical pollution is
actually the legacy from millions of old mines that are no longer working. How on
earth do we deal with those?

There are various types of geochemical pollutants at a mine site. These include
nutrients such as nitrate explosives, hydrocarbons from vehicle and equipment
fuelling and maintenance, and chemicals used in the mining process. The most
harmful are the metals.

Metal Pollution
The problem basically is the risk we have of releasing metals and metalloids. If you
do not know a metalloid the two most important ones are arsenic and selenium.

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They behave like metals but are not quite like them so they are a bit trickier to
understand. And acidity, the acidity of the acid mine drainage. We know acids are
corrosive. About for every one unit of pH reduction from acid metals is between
a thousand and 10,000 times more soluble. So if you have low pH water it very
commonly contains a lot of metals in solution. And that is the problem that I will
talk about another time as the topic is too big for today. Acid mine drainage or acid
metalliferous drainage.

For fourteen thousand or so years we’ve been mining and processing minerals.
And the aim of mining and mineral processing has one goal: to separate a metal
or metalloid from its ore. And that’s changing its form greatly. It’s the difference
between having a sample of say iron ore or copper ore on your mantelpiece that
you expect to last forever, and having a car or some bit of electronic equipment
with copper and iron in. It will rust away. It will dissolve. It will have a relatively
short lifetime. And it is that way that we change the metal from a state that it is
extremely difficult to get the metal released. So in the case of aluminum, in the case
of titanium, we have to put vast amounts of energy and work really hard to separate
the metal.

It’s only in that metallic state that metals can really affect your health. Because
unless it’s in solution you cannot accept it into your body, it cannot pass through
your cell walls, and it cannot chemically affect your health. So what we have been
doing has been most useful for development – the metals that we rely upon for our
development and life – but it has had the negative impact of releasing these metals
into their bioavailable form to the environment. And it is always been an addition.
No time in those14,000 years have we ever returned any metal back to something
like an ore where it is locked away and cannot affect your health.

So whether we like it or not we have in the past and I’m sure we will in the future add
more and more metals to the environment. And those metals can get into our bodies
and affect us. So we certainly need to know how they behave. And one of that, again
to go back, is how they are cycled.

Environmental Geochemistry Approach to Mining Pollution


Environment geochemistry has three significant ways that it differs from other
fields of geochemistry. Firstly, we need an ability to measure chemical elements at
very low concentrations. Why? Because it is at very low concentrations that they
begin to have a bad effect on our health. It’s no good being able to measure say
thallium or lead at parts per million if you’re killed by drinking water that has a
tenth of that amount.

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The second thing that’s different about environmental geochemistry is that we have
to know the chemical species or the form the chemical is in. Chlorine, for example,
is most commonly added to domestic water supply as a disinfectant. But in our
oceans, there’s 17,000 milligrams per liter of chlorine, and yet bacteria thrive in the
sea water. So it’s really not a case of do we add the element chlorine to the oceans,
we actually add it, but we add it as hypochlorous acid. This form or this species of
chlorine is also called bleach. Depending on the pH, it will either kill bacteria or
remove curry stains from your white shirt, in which case you want bleach with a
high pH. This is an example of chemical speciation, specifically chlorine speciation.

Another example is the case of cyanide. We all know how deadly it can be. Its
chemical formula is CN minus, or a combination of one atom of carbon and one
atom of nitrogen. However at breakfast this morning you consumed quite a lot of
carbon when you ate bread. Every time you breathe in you breathe in a considerable
amount of carbon dioxide. Clearly it hasn’t killed you today. Similarly, nitrogen is
nearly 80% of the air we breathe. It’s not toxic. And yet if we put carbon and nitrogen
together with sodium or sodium cyanide we use in the gold mining industry, even a
hundred milligrams will make you unconscious within a minute and kill you within
an hour. What is important is not that it’s carbon and nitrogen, it’s the combination,
the chemical species.

When we study chemical speciation, we also have to know the form in which a chemical
exists in some part of the environment. Just imagine you’re an environmental officer
concerned about a copper leak from a tanker carrying metal plating solution that
tips over and goes straight into a lake. You need to measure how much copper has
got into that lake because it would determine how badly that effects that ecosystem.
To do this, there are several things you have to consider. First is the form of copper
in the plating solution in the tanker, Cu2+. As soon as it gets in the lake, however,
chemical reactions start to happen to this form of copper. It can react with inorganic
ligands to form inorganic complexes like copper hydroxide or copper carbonate. It
can be reduced to copper chloride. Copper in its pure form (Cu2+) is very bioavailable,
and is easily absorbed into the bodies of fish and even small microorganisms. It
loves to be absorbed onto any organic matter, in the mud or clay at the bottom of
the lake, and it sticks into that sediment. So it’s not enough to dash to the site with
a sample bottle and to collect the water from just anywhere. You have to identify the
different forms and species of copper and where you will find them.

In mining, chemical speciation is important and it will determine:


1. In which chemical form the metal will exist;
2. How and where, and to what extent, the metal will be dispersed from the site of
pollution;

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3. What chemical and physical reactions a metal will be involved in;
4. The chemical sink in which the metal will eventually reside;
5. The bioavailability of the metal; and
6. The toxicity of the metal in the biosphere.

The third thing that’s different about environmental geochemistry is that it


requires an understanding of the relationship between chemical species and living
things. This includes, for example, identifying and understanding the toxicity and
bioavailability of chemical substances. In other words, this means understanding
and defining what this talk is all about: pollution.

The prime factor driving environmental concern of any sort is health. That’s
ultimately why we do it. Especially if you take the broad definition of health – not
just the physical well-being but mental and social well-being. Philippus Aureolus
Theophrastus Bombastus von Hohenheim, a Swiss-German chap of remarkable
character once said, “all things are poison, and nothing is without contamination;
only the dose permits something to be poisoned.” In other words, it’s all about the
dose we are really trying to evaluate.

Contamination is a word very commonly used by people almost synonymously


with pollution. And yet it is vastly different. If I say we are all contaminating the
environment as we sit here and breathe you will understand there’s a difference
between contamination and pollution. Contamination is simply a concentration
greater than the natural background. In mathematical terms, it is when the
measured concentration divided by the background concentration is greater than
one. The natural background is defined as the amount of a substance or an effect
that occurs on the Earth’s surface free from the influence of human activities.

Now pollution is different. Pollution is a degree of contamination producing


recognizable detrimental effects on the health of humans and other living things.
So to define or evaluate a mining pollution we have to understand and we have to be
able to understand its health effects.

The important implication of understanding the difference between contamination


and pollution is that it gives us a window. We can contaminate the environment by
mining as long as we don’t do it to a level that affects health in any way. And all that’s
saying is we can add lead, copper, whatever to the environment, but it will be to a
level that someone living in another area experiences naturally anyway.

So if someone were to ask if we can mine without causing pollution of the


environment, my answer would be possibly, with good management.

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If it is possible to reach Paracelsus and get him here he would be standing here
and hopefully saying, “all things are contaminated and nothing is without
contamination. Only the degree commits something not to be contaminated.”
And so we can contaminate but we must not pollute. And as long as we control the
degree of contamination, because this is how nature spreads chemicals around the
environment, then we are okay.

An important implication of this is we have to identify the natural background, or


the amount of a substance that occurs naturally without human interference, in
order to accurately assess pollution. The natural background may be difficult to
determine, especially:
1. Where there has been a long history of human activity, for instance the Stawell
Gold Mine in Mt. Morgan in Australia;
2. For elements and environments that have been disturbed on a wide scale - (e.g.
lead, soils in the Netherlands)
3. Where the response to human intervention is slow and long-term (e.g. trace
atmospheric gases)
4. Where effects of human intervention are yet to be recognised

In identifying the natural background, we should keep in mind that it is not uniform.
We’re geared to live in different natural backgrounds. That’s what geochemical
cycling does to the Earth. The background in a mining region is never the average or
the regional background.

I don’t have time left, but allow me to finish my presentation with two quotations.
The first one, as I’ve mentioned earlier, is from our friend in Papua New Guinea
who said that he and his colleagues did not have the knowledge to argue a case
against mining pollution. And so that is my passion, to try to give knowledge of
environmental geochemistry whenever I can. The other quotation is by Albert
Einstein. He said, “Two things are infinite: the universe and human stupidity; and I
am not sure about the universe.”

And with that I will leave you. Thank you very much.

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Closing
Remarks

Rev. Rex RB Reyes, Jr.


General Secretary, National Council of Churches in the Philippines
Convener, Ecumenical Voice for Human Rights and Peace in the Philippines
Philippines

Mabuhay! Let me express my profound gratitude to you for holding


this important conference in the Philippines. For those who have come from
other countries, your presence here is an act of solidarity that provides mutual
encouragement, strengthens us in our struggle here and brings the resistance to
mining to new international levels. As a church worker and indigenous person, I am
renewed by this conference.

The video clip that Sr. Stella showed yesterday shows a Lumad woman-elder seated.
Standing beside her is another woman, a member of the Philippine Congress,
Chairperson of the Congressional Committee on Indigenous Peoples. The scene
was in a compound of the United Church of Christ in the Philippines (UCCP) where
about 700 Lumads (indigenous people in Mindanao) have sought refuge since March
this year. They left their ancestral domain due to militarization, as a result of their
opposition to mining activities in their area. The congresswoman held a dialogue
with them earlier and insisted they go back to the mountains. She told the Lumads
that they stink. She maintained they were being held there against their will, which
was also the military view. Later, she would bring trucks and police to force them to
return. She failed. The Lumads called her a traitor.

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Back to the clip, the elder is seated – a fundamental character of indigenous people
during their conversation. The congresswoman was standing, a conduct already
showing disrespect and smugness. In my tradition, she is a pathetic sight as it
shows she had no parents to teach her to show respect. All she got was her being
a congresswoman. The village elder was addressing her sternly, while refusing to
see her straight in the eye. Perhaps the Congresswoman was hoping the Lumad
leader would look up. But the Lumad woman knew better. She would not oblige
her. She had the wisdom and authority to address not only her but also all that she
represented. Then she stands up and leaves her. The actions of the Lumad leader
speak a thousand words. Her words equally as well.

The refusal of the Lumad leaders and people to heed the call of the Congresswoman
is a form of resistance, based on common sense. They can’t go back until the military
personnel pull out of their communities. The church compound, while unnatural
for them, is a safer place the great inconveniences notwithstanding. Their refusal
and resistance is an indictment of the state and its security forces who boast of
respecting the human rights of its indigenous people.

In this connection, the International People’s Tribunal held recently in Washington


D.C. has already passed judgement on the transgressions of mining companies in the
Philippines and shows another form of our resistance:

“The state apparatus very often is in collusion with mining


companies, big landlords and giant developers whereby the
wrongdoings…occur while impunity becomes a normal systemic
reaction…”

“…the Philippine government unabashedly surrendered its national


patrimony and sovereignty to corporate entities in important
industries, particularly and most especially in mining…”

“Guilty of transgression of their economic sovereignty and plunder


of their national patrimony and economy”

The resistance of indigenous people in the Philippines to development aggression,


especially unbridled mining, stems out of a deep appreciation of the indelible link
between human existence and land. This is beyond the commerce of anyone. It is not
unknown that such resistance is motivated further by a keen sense of accountability
to future generations.

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Mining firms neither have a modicum of that appreciation nor of that motivation.
And the government that encourages and protects these mining firms are guilty
of crimes against mother earth, fail to protect their own citizens, and have utter
disregard to the nation’s posterity.

Our resistance can draw lessons from this spirituality of indigenous people. Mining
firms and governments will not listen, but we must listen. I am glad that in this
conference the churches are being challenged to do more. UCCP Haran’s apostolate
is to be a sanctuary. Thankfully, the UCCP not only offers that sanctuary but comes
to their defense. Several ways for the churches to move forward have emerged in this
conference: divestment for those who have portfolios in mining firms; advocacy of
the rights of indigenous people, strengthening solidarity with peoples’ organization
via providing them the necessary support, and like the Lumad leader, having the
courage to address abusive state agencies and personalities. I believe we can
never run out of innovative ways to resist. I was listening to the teachers of the
learning centers for Lumads recount their harrowing stories of harassment and the
forced closure of their schools. While indeed horrified, I was truly amazed by the
many ways they devised to continue providing formal and non-formal education to
indigenous people neglected by the government for a long time. This is a form of
resistance that needs worldwide solidarity. Experience will tell us that the sustained
campaign of outraged and enraged people – people who had enough – is a good
starting point for resisting the greed of capitalists and exposing the sycophant state
and agencies.

Resistance recognizes and promotes the inherent right of people for justice and
survival. For this reason, the reactionary state has and will continue to vilify those
who resist as enemies of the state. The ensuing human rights violations only seem
to isolate the state from its citizens. But it will never quash resistance. Rather, it
fuels the same. It is our hope that future generations will not have to undergo this
human misery inflicted upon them.

Once more, from the National Council of Churches in the Philippines, Ecumenical
Voice for Human Rights and Peace in the Philippines (EcuVoice) and the international
and Philippine organizers of this conference our profound thanks and deep
appreciation for this conference held here. Long live the resistance for peace and
justice! Long Live International Solidarity!

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112
Photo
Gallery
Day 1
Day 2
Day 3
Solidarity
Night
Report of the Attendees
to the Learning and
Solidarity Mission

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121
Reflections on
the Mission
to Mankayan
Town, Benguet
Province

Attendees of the Learning and Solidarity Mission to Mankayan:

Dara Bascara, Campaign for Human Rights in the Philippines United Kingdom

Genevieve Talbot, Development and Peace Canada

Gloria Chicaiza, Accion Ecologica Ecuador

Graciela Romero, War on Want United Kingdom/ Colombia

Katharine Round, Disobedient Films United Kingdom

Leah Borromeo, Disobedient Films United Kingdom

Maritess Medenilla, UNISON United Kingdom

Meeka Otway, Pauktuutit Inuit Women Canada

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122
Good morning everyone and thank you for having us here.

Mankayan and the Cordillera is a beautiful land. It is a sea of green waves with
wonderful people who were able to stop mining. They were able to reclaim their
farmlands not with the laws and government, but with community organization.

We learned a lot from their courage in fighting for their land. It’s amazing what they
have done – they set up barricades to make sure that the mining company, Lepanto,
will stop their drilling operations in their lands.

The people of Mankayan have been shamed and criminalized for their protest. 123
people are facing criminal charges, in addition to 24 civil charges that have been
filed against them, and only one lawyer on a voluntary basis is helping them.

A woman who was sharing these experiences with us was saying, “My family is afraid
that authorities might demolish our house if I participate in the protest actions. My

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123
children fear that they will be kicked out of school if I participate in demonstrations.”
Every month this same woman has to go and attend a court hearing on the charges
filed against her by the mining company and pay 100 Filipino pesos in fees.

The government is in complicity with the mining company in crushing people’s


dissent. When we were there, a councilor showed us an official document stating how
the mayor of Mankayan is negotiating on behalf of the indigenous people, despite
the fact that the indigenous people have said through their prior and informed
consent that they do not want the mine in their territory. This mayor is also part of
the board of directors of the mining company. That’s a big conflict of interest there.

The women of Mankayan were there at the barricades, too. They were very involved
in the mining struggles of the community. Seeing the shared responsibilities and
roles between the men and women of Mankayan is something that we will be
bringing home with us.

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In all the meetings and discussions that we had, the community and the council of
elders were saying that they welcome solidarity, especially an active solidarity, from
the international community. They don’t want to feel that they are alone in their
struggle. And they want us to do something about it. It is important that we take
this message to our countries and to our governments. We need to hold to account
the mining companies. We should push the Philippine government to do something
to stop the criminalization of people and the militarization of their lands.

The Learning and Solidarity Mission to Mankayan was an amazing experience, and
we’d like to thank all the people who organized the trip for us. We want to thank
the Cordillera Peoples Alliance (CPA)who worked hard to organize such an amazing
trip for us to visit the communities and giving us the opportunity to have first-hand
knowledge of what is happening in the region. We also thank the people of the CPA
and Mankayan for the emotions and feelings and thoughts that they shared with us.
It was a very moving mission and we learned a lot.

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125
Mining in the
Didipio and
Runruno Villages
in Nueva Vizcaya
Province

Attendees of the Learning and Solidarity Mission to Nueva Vizcaya:

Catherine Coumans, Mining Watch Canada Canada

Charmaine Lim, Migrante New South Wales Australia

Fr. Claude Mostowik, Action for Peace and Development in the Philippines Australia
Connie Sorio, Kairos Canada Canada

Daniel Banuoku, Center for Indigenous Knowledge and Organizational Development Ghana

Delphine Van Belleghem, Third World Health Aid Belgium

Sr.Francis B. Añover, Rural Missionaries of the Philippines Philippines

Hannibal Rhoades, Gaia Foundation United Kingdom

Jess Phillimore, Gaia Foundation United Kingdom

Mwikamba Mwambi, Natural Resources Alliance of Kenya Kenya

Mtwalo Msoni, Caritas Zambia Zambia

Patrick Yepe Lombaia, Papua New Guinea Mining Watch Group Papua New Guinea

Shigeru Tanaka, Pacific Asia Resource Centre Japan

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OceanaGold Mining in Didipio Village, Kasibu Town
OceanaGold has been in Nueva Vizcaya region for longer than they have been
operating. They started operating in 2013. In two years, they were able to turn
an area that was green into one of total devastation. A case in point is the Dinkidi
mountain, a green mountain that was turned into a more than 300 meter deep
mining pit. They have plans to continue mining for two to three more years.

What does OceanaGold have to say about their operations in Didipio? According
to their website, and quoting their general manager, they are “creating a cleaner
environment and a better future for local communities”. And that at the company
level that they are committed to “the principles of sustainable development and
mining operating in a safe and sustainable manner for nearly 23 years”.

But what is the situation on the ground? The first issue that we saw with OceanaGold’s
operations in Didipio was water. We arrived in Didipio through a road that goes
through the mine site, and we saw the tailings pond that they have there. According
to the company – yes, we actually got to talk with representatives from the company
and get a mine tour from them, - “there are very few sulphides in the deposits so
there is no risk of acid mine drainage.” Actually, the original report said that there
were no sulphides associated with the deposit but then they admitted that there

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were some. And so the environmental manager of the company explained to us that
this is the reason why the pit is unlined. We were also shown the water treatment
plant which we were told goes beyond complying levels, at least according to Oceana.

So basically for the company everything with the water was fine. The only problem is that
you have artisanal mining in the same area which also contributes water to Didipio River
which looks a bit muddy. And that was part of their argument - that it was the artisanal
mining that was making the Didipio river go bad, and the water coming out from Oceana’s
site was good.

So we came to visit the artisanal mining sites and got to interview an artisanal miner
named Gabriel. Based on what we could see and from asking around, we found that
the artisanal miners don’t use mercury in their operations. What was going downriver
from the artisanal mining site is just sediment. Gabriel gets water from the creek that
is buried underneath OceanaGold’s mine now, which he pipes out. He told us that
every now and then the water takes on a milky blue color and causes skin irritation.
We spoke to other people who have been panning or fishing in the rivers. They got
sores in between their fingers and toes, skin rashes, and cuts that have gotten infected.

Since the OceanaGold operation started, the people from the communities have
reported of bad stomach aches, fish catch declining, and rice crops failing for lack of
water for irrigation. People are generally very fearful now for their children over the
quality of the water in the area. We also got some reports of the company dumping
sewage and other effluents into the river further down.

In a place called Boulevard that we went to, there is no obvious source of clean

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water anymore. One river is gone, and the other is running through the mine site
so obviously they can not access it. The company has been providing them with
water that says “DO NOT DRINK” on the outside of it. Of course, they have no other
choice so they have been boiling that water to make it drinkable.

Going to the village adjoining Didipio, which is called Alimit, which is just around
the mountain from the mine, we also encountered issues with water. According to
the residents of Alimit, they used to collect water from the creek that comes from
the mine site. And they are saying that it’s no good anymore. They cannot drink it.
There were instances of animals dying when they drank it. And they have gone to
the other side of the valley, on the opposite side of the road where the mine is, and
they are saying that the water is okay there.

Another form of pollution that we encountered based on testimonies from the people
was air pollution. There have been cases of people going to doctors who ask them
“Where do you live?’ and then advising them to move away because of an increasing
incidence of broncho-pneumonia in the communities in and around the mine.

I think we can all attest to the noise and the light pollution, which was a 24/7
operation when we were there. We would wake up to the sound of a booming siren
and go to sleep to the sound of a booming siren. And the whole thing is lit up like
a city. The blasting is causing quite a lot of trauma. In one case, a woman had to
relocate an elderly lady because she just had terrible stress because of the blasting.

Another issue is land and how it interrelates with compensation and the mining
company’s corporate social responsibility. On our mine tour with them, we were

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put under the impression that nobody had ever lived at the mining site because the
company representatives were evasive at best when talking about it. At one point
we were told that nobody had ever lived in the tailings area, which is not true from
what we have heard. We heard from a lady known as Margarita who said that those
who had to move out because of the mine site were given 200,000 pesos each as
compensation. We got slightly different estimates for how many people had been
relocated. But these people felt extremely cheated because they were told that the
compensation would be enough for a new house and a new land, both of which
they lost, and it turns out that they cannot buy both with that amount of money.
Margarita and her husband are now largely living off from what pension they get.

Another issue that came up in terms of land was the roads, which used to be used to be
open and common for all. Even before they bought the land for the mine site, OceanaGold
has been fencing off areas that had public roads. People had to get permission to get to
their lands through these roads which the company was able to deny them. A chap called
Lorenzo told us that his crops rotted off when he was denied access to one of those
roads for two weeks. Also, the short road that people used to take from their farmlands
to the market has been cut off by the tailings dam and the mine site so now the people
had to travel huge distances to get their fruit and vegetables to the market. Margarita’s
husband, in an attempt to get to his fields through a fenced-off road, was handcuffed
and thrown to the ground by six security guards. He was very fearful for his life until a
passing group of Ifugaos came to his aid, who he thinks saved him.

One interesting story that we picked up when we were there points to the company
expanding their operations to Alimit. They used the divide-and-rule tactic, buying off
individual members of the village council to then encourage others to sign the deal.

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When enough council members were on board to get an acceptable vote, they went
in to OceanaGold’s headquarters. These council members traded their signatures on
the expansion permit for improvements to two roads and the repaving of another. Of
course they did not consult the communities. The first road was stopped because they
were just pushing all of the waste rock onto the farmers’ fields. On the second road
nothing has been done. So they went back to the company and they said “None of
these things that were our requirements for you to get this expansion notice had been
done. Why is that?” And the company said, “What are you talking about? We don’t
have any minutes of that meeting. Your concerns don’t exist.” And so now they have
the permission for the expansion and the people are trying to repeal that decision.

Besides the expansion of their operations to Alimit, we found that OceanaGold


has named seven mountains and also some rivers around the area. These made us
suspect that they were likely going to be there for the long haul.

There is a lot of resistance, and several organizations resisting Oceanagold in the


community. They are taking a legal route but also they’re preparing to stop the
mining company’s expansion and that’s really going to be a key point. With the
company seemingly planning to expand, they just need to limit it to where it is now.
And we had some really great discussion with them about that.

FCF Minerals Mining in Runruno Village, Quezon town


According to the website of FCF Minerals, which is operating in Runruno, their target
is to “develop a world-class mining and mineral processing project by conducting
work in a safe and environmentally responsible manner, to industry best practices
so as to provide a brighter future and make a positive change to the community.” And
on every page of their Runruno website, they have the slogan “We are a responsible
mining company”. We’d like to highlight this before we begin with our presentation.

If you get to see the entrance of the Runruno mining site, you’ll see that it’s quite
far from our general idea of something environmentally responsible, which should
have a lot of greenery. And even if the company is only in the exploration stages of
mining, it’s quite obvious that mining has already started, with the digging and the
setting up of a plant.

The landscape has already changed considerably since FCF Minerals started
operations in 2005. We were told by the local people there that originally there had
been a lot of houses in the mining site but that community there had been evicted
from the site. So the mining area used to be full of houses but now there is only one
house left in there.

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Shortly after arriving at the mining site it was already quite evident to us that we were
not welcome. We were greeted by someone from the mining company who told us that
we couldn’t be there. When we informed him that we have a letter from the governor,
he changed his stance and said we can stay there but we cannot take photos.

While we were having a standoff with the company representatives who at first do
not want to let us inside, we could see an armed guard walking around who kept
reaching for his gun. And of course this made us quite fearful. We were international
delegates, and we could only imagine how hostile they could be to members of the
community. The entire time, there was another person from the mining company
who was taking photos and videos of us, which was quite annoying.

Upon entering the site, we saw that there were a lot of small scale miners who were
there. They are actually an Ifugao community who had been mining in Runruno
since the 1960s. But of course, things changed since 2005 when FCF started mining
there. Water in Runruno has become a contested resource. The mining tunnels of
the local community members who rely on small scale mining have already collapsed
because they don’t have enough water to plaster the sides of the tunnels.

It is also interesting to learn that the women of Runruno also work as small scale
miners. When we were there we only saw two women. When we asked our local
volunteer why, she said that the women there were doing small scale mining. It was
their main source of livelihood. The women would do the work of plastering the
walls of the small mine tunnels. So if they were not plastering, they were staying at
home, and losing one source of income for the family unit.

We would like to finish our report with our experience meeting with Bishop Ramon
Villena, who is the bishop of the Diocese of Bayombong, which is the capital of the
province of Nueva Vizcaya. In our meeting, he emphasized the importance of water. I
think that we should really focus on water as a contested resource because Pope Francis
himself has said that there is a clear relationship between the environment and the poor.

The Earth is our home and in Runruno it is quite clear that this is their home. The
people of Runruno do not want to leave. Even though they are small scale miners,
if they want to remain on their land then they are going to do their best to protect
it. Whereas, the large scale corporations, what they want to do is get in and get
out. I think it is quite important to highlight the relationship between people and
environment and I hope that we have brought you these stories of people and Earth.
So thank you very much for your time. Thank you.

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Reports of the
Thematic Workshop Groups

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Organized by:

Kalipunan ng mga Katutubong Mamamayan ng Pilipinas


(KATRIBU - National Alliance of Indigenous Peoples Organizations in the Philippines)

Kilusang Magbubukid ng Pilipinas (KMP- Peasant Movement of the Philippines)

Ecumenical Voice for Human Rights and Peace in the Philippines (ECUVOICE)

Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL)

Thirty-three participants from nine countries attended the workshop that was facilitated by Tyrone
Beyer of the Philippine Task Force for Indigenous Peoples’ Rights and Mau Hemoterio of Kilusang
Magbubukid ng Pilipinas. The workshop started with a brief introduction on the workshop theme.
It was followed by an input on the overall international human rights framework. Afterwards the
workshop participants were broken up into three geographical sub-groups where they shared their
experiences, issues and struggles and drafted initial points for the workshop’s plan of action and
resolutions. In between and after the sessions of the sub-groups, workshop plenary discussions
were held to tie up the key issues, concerns, strategies, plans of action, and resolutions that cut
across the different geographical groups.

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Workshop 1:
Asserting People’s
Rights Against
Intensified Plunder
of Resources and
State Repression

Human Rights Framework: People’s


Struggles Against Large Scale Mining
Presented by: Beverly Longid from the Asia Indigenous Peoples Network on Extractive
Industries and Energy (AIPNEE) / International Indigenous Peoples Movement for Self
Determination and Liberation (IPMSDL)

The International Bill of Human Rights, which consists of the Universal Declaration
of Human Rights (1948), the International Covenant on Civil and Political Rights
(1966) with its two Optional Protocols, and the International Covenant on Economic,
Social and Cultural Rights (1966), is supposed to be the embodiment of the essential
rights of a human being.

Essentially, these refer to individual rights. The Bill reflects the equal rights and
self-determination of peoples, and sets the minimum standards on the promotion
and respect of human rights. The Bill also serves as a core instrument for succeeding
international instruments; referred or recalled in succeeding instruments such as on
elimination of discrimination, children, migrants, and the like.

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Right to Development
The right to development proclaimed by the United Nations in 4 December 1986 in
the “Declaration on the Right to Development,” which was adopted by the United
Nations General Assembly. The Right to development is a group right of peoples
as opposed to an individual right. The declaration emphasizes that States shall
take resolute steps to eliminate the massive and flagrant violations of the human
rights of peoples and human beings affected by situations such as those resulting
from apartheid, all forms of racism and racial discrimination, colonialism, foreign
domination and occupation, aggression, foreign interference and threats against
national sovereignty, national unity and territorial integrity, threats of war and
refusal to recognize the fundamental right of peoples to self-determination.

The right to development is also enshrined in other international laws and


declarations. The United Nations Declaration on the Rights of Indigenous Peoples
(UNDRIP) affirms the right to development and self-determination of all peoples in
its third article which states, “Indigenous Peoples have the right to self-determination.
By virtue of that right they freely determine their political status and freely pursue
their economic, social and cultural development.” The UNDRIP includes a major
provision on FPIC not only related to extractive industries, energy projects and land
concessions but all activities in IP territories including militarization.

The World Conference on Human Rights opposed the distinction between civil and
political rights (negative rights) and economic, social and cultural rights (positive rights)
that resulted to the Vienna Declaration and Programme of Action proclaiming that “all
human rights are universal, indivisible, interdependent and interrelated”. It established
the interdependence of democracy, economic development, and human rights.

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Specifically, it replaced the division of civil-political rights (CPR) from the economic,
social and cultural rights (ESCR), with the concept of rights being indivisible (you cannot
take one type of rights without the other), interdependent (one set of rights needs the
other to be realised), and inter-related (that all human rights relate to each other).

Another international declaration that upholds the right to development is the Rio
Declaration on Environment and Development produced at the 1992 UN Conference
on Environment and Development (UNCED). It consisted of 27 principles to guide
future sustainable development around the world. Some of the principles are regarded
as third generation rights by European law scholars or “Mother Earth” rights.

Right to Self-determination
The right to self-determination is recognized and defined in the International Bill
of Rights which states that “All peoples have the rights to self-determination. By
virtue of that right they freely determine their political status and freely pursue
their economic, social and cultural development,” and by the International Court of
Justice (ICJ) in 1974 which states, “the freely expressed will of peoples’ or the free
expression of the wishes of the people.”

Both the International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural Rights (ICESCR) states
that the right to self-determination is universal and calls upon States to promote
the realization of that right and to respect it. It also prevents States from limiting
rights already enjoyed within their territories on the ground that such rights are not
recognized, or recognized to a lesser extent, in the Covenants.

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The UN General Assembly Resolution 1541 in 1960 contains the Declaration
Concerning the Implementation of the Right to Self-determination which recognizes
self-determination as:
a. The establishment of a sovereign and independent State
b. The free association or integration with an independent State, or
c. The emergence into any other political status freely determined by a people.

The Declaration of Principles of International Law Concerning Friendly Relations and


Cooperation among the States in Accordance with the Charter of the UN GA Resolution
2625 in 1970 established self-determination as a legal right in the international law.

The growing assertion of rights within and outside the UN through people’s struggles
and resistance pushed for the individual rights as contained in the International Bill of
Human Rights and advanced it to include collective or people’s rights with the growing
assertion of the right to development and self-determination. This further defined
the substance of the rights to self-determination and development and the initiatives
to enhance ESCR by defining principles of State extraterritorial obligations.

Lastly, the UN Guiding Principles on Business and Human Rights covers the following:

1. State Duty to Protect against human rights abuses by third parties, including
business enterprises, through appropriate policies, regulation and adjudication.
States are given two main areas of responsibility regarding human rights within
their territory or jurisdiction: (1) to protect individuals against human rights
abuses by third parties, including business enterprises; and (2) to encourage
business enterprises to respect human rights.
2. Corporate Responsibility to respect human rights, meaning corporations should
act with due diligence to avoid violating the rights of others and to address adverse
effects with which they are involved. The fundamental purpose of these Guiding
Principles is to make businesses moreaccountable for human rights abuse and
corporate-related harm.
3. Need for greater access to remedy for victims of business-related abuse, both
judicial and non-judicial. Where businesses identify human rights violations
that they have caused or contributed to, they should provide for or cooperate in
remediation. States must ensure that when a human rights infringement takes
place within their territory, those affected have access to effective remedy. States
should also address any barriers to remedy such as refused access to the State’s
court, the cost of bringing claims or difficulties securing legal representation.

Leading NGOs have expressed concern that the Guiding Principles in their current
form do not go far enough to promote human rights. A key concern is that they are

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too vague, referring to “appropriate steps” and “appropriate actions” which States
should take to ensure corporate respect of human rights, without giving examples.
It has been proposed that these steps include independently monitored mandatory
human rights due diligence for both private and state-owned companies.

Positive and democratic aspects of traditional knowledge and indigenous socio-


political structures are customs pre-existent to these Conventions.

More often than not, the discussions on human rights and self-determination are
limited to laws. Debate occurs on the intent, scope and implementation of these
legal instruments. The language of most conventional instruments is often vague
and ambiguous, which leaves room to various interpretations. In most cases, these
debates narrow down to application and implementation as provided in law. They
largely negate the historical context and concrete situations where these laws are
applied.

Algiers Declaration
On the other hand, the Universal Declaration on the Rights of Peoples, also known
as the Algiers Declaration, states that “We live at a time of great hopes and deep
despair; a time of conflicts and contradictions; a time when liberation struggle
succeeded in arousing the peoples of the world... But this is also a time of frustration
and defeat, new forms of imperialism evolve to oppress and exploit the peoples of
the world.”

The Algiers Declaration has the following nature:


1. Written by peoples –men and women involved in the liberation and of the anti-
imperialist movement, proclaimed in Algiers on July 4, 1976
2. Neither an academic document nor an intangible charter but a tool for the
liberation of peoples
3. A living document. It remains to inspire and guide the continuing sessions of the
Permanent Peoples Tribunal and similar actions

The Algiers Declaration affirms and recognizes inter-related Peoples’ Rights to


exist: political self-determination, rebellion, culture, environment and common
resources, rights of minorities and social and economic rights. It provides a legal
instrument of detection and judgement of “neo-colonialism,” which it describes as a
cruel and exploitative transnational system of rule and economic plunder by foreign
interest. The Declaration moves the center of gravity from the individual and the
state towards the peoples, and recognizes the right of peoples to self-determination
against foreign intervention and their own corrupt repressive state. Further, it
challenges the monopoly of State governments over law making and provides a
framework for examining grievances, upholding that individuals have the right

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and obligation to shape emerging law in accordance with human needs and human
values, and ensuring sanctions and guarantees for violations.

The authority of the Algiers declaration exist by the authority of peoples’ judgement
whose life experiences constitute the substance of the alternative judgement and
legal articulations that it seeks to develop. It is sanctioned neither by international
law-making institutions, nor by the State, but stands independently as a source of
“truth” for peoples/communities in struggle.

The Declaration, while lacking enforcement capacity as it cannot compel States to


change their policies that violates peoples’ rights, finds its enforcement from the
peoples’ fight for liberation. The Permanent People’s Tribunal relies it enforcement
upon the technical pronouncements of dominant legality, but rather, through the
politics of social action and struggle.

The indigenous peoples, peasants, and other sectors may find inspiration in the
Algiers Declaration and relive it in their own struggle for the defense of life, land
and resources, culture and distinct identity, self-determination and liberation.
The declaration maintains the legitimacy of indigenous peoples struggles for self-
determination and liberation – legitimacy not only in law but more importantly
legitimacy from the justness of peoples’ struggles.

Sharing of Experiences: Key Issues, Concerns and Strategies


The workshop was divided into three sub-groups: (1) Philippines, (2) Southeast
Asia, and (3) South Asia and Latin America to share their experiences and discuss on
the key issues, concerns and strategies of their communities and organizations. The
sub-groups then presented on the results of their group discussions to the workshop
plenary.

Globally, different indigenous peoples and peasant communities experience massive


land grabbing and destruction of land and resources because of the operations of large-
scale and destructive corporations. Human rights violations have been committed
by state forces and the security forces of the corporations against the communities,
especially the people who are opposing their operations. The communities and
organizations engage in different forms of struggle and advocacies from the local
and national levels to expose and oppose the projects, programs and policies that
allow land grabbing and plunder of resources. The communities and organizations
also engage in the international level in different avenues and mechanisms, and in
building solidarity with different communities, organizations and other oppressed
people of the world. Different engagements are done to gather support for ongoing
struggles.

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Workshop Resolution
Based on the lessons and challenges that were identified across all geographic
regions, as well as the points for the plan of action that were discussed by the sub-
groups, the workshop submits to the plenary the following resolutions:
• For governments and corporations to ensure the rights of indigenous peoples,
as distinct people with collective rights to their land, territories and self-
determination.
• For governments to repeal laws and revoke policies that allows large-scale,
destructive and liberalized mining; and implement and enforce positive laws; and
enact laws which promote the rights of the people.
• Strengthen our struggles, widen and coordinate solidarity actions among
communities and organizations, and conduct a global campaign to defend and
assert peoples’ rights land, resources and human rights
• Oppose international economic agreements, instruments or mechanisms that
violate the inalienable rights of the people and sovereignty of nations that
includes the Investor-State Dispute Settlement (ISDS) which gives corporations
the right to sue host governments and demand the disclosure of information
regarding such agreements

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Workshop 2:
Legal Aspects
of Globalized
Mining

Organized by:

International Association of Democratic Lawyers (IADL)

National Union of People’s Lawyers – Philippines (NUPL)

The workshop started with a brief introduction led by Atty. Edre Olalia, secretary general
of the National Union of People’s Lawyers (NUPL). The objectives of the workshop was
to gather the experiences of mining communities, highlight mining cases, compare legal
strategies, and to coalesce these in one grand strategy to combat mining at the international
level.

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Tampakan and Rapurapu Mining in the Philippines
Shared by Atty. Madonna Escio from the NUPL

The input aimed to give an overview on the Philippine mining experience with focus
on the experiences in Rapurapu, Albay and Tampakan, South Cotabato. The input
also presented the extent of the legal battle against big mining corporations in these
communities and other parts of the country.

The Philippines is a country known to be fifth in the world in terms of mineral


resources. In general the legal framework of mining in the Philippines does not
respond to the needs of the people but to the needs of the foreign capitalists. This
can be gleaned from the Mining Act of 1995 which was passed to further develop
the mining industry, as earlier proposed by then Senator Gloria Macapagal Arroyo,
who later became president. This law was touted as the solution to development and
poverty in the countryside despite the struggle of indigenous people against mining.
It enabled the 100% ownership of capital by foreigners, the removal of restrictive
barriers to mining, and tax breaks – essentially the liberalization of mining.

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In January 2004, the Supreme Court ruled that certain provisions of the Philippine
Mining Act was unconstitutional following a legal case filed against it by a group
of indigenous peoples. Almost a year later, the court reversed their ruling. In their
decision to reverse the earlier ruling, the SC said that the Mining Act did not violate
Constitution since it was not an infringement of the sovereignty of the state because
it did not reduce or relinquish the state’s control over its natural resources.

In July 2012, President Aquino signed Executive Order No. 79, which put a brake on
pro-people’s legislation that was being pushed at the congress through the People’s
Mining Bill. Although touted as pro-environment, the Executive Order was actually
more business as usual for mining companies as it compelled local government
units to toe the national line to liberalize when it comes to managing their natural
resources.

In the local areas, bans on open pit mining by local governments were ignored
because supposedly the national laws override local laws. Even the law providing for
Free Prior and Informed Consent is also ignored. The law, the Indigenous People’s
Rights Act (IPRA), technically paves for grabbing of the land of the people with
the titling of ancestral lands and delivering consent, which by experience has been
through the deployment of military forces and using tactics such as the bribing of
IPs and land owners, etc.

On the other hand, some environmental activists and human rights defenders
have tried to use laws and legal procedures instituted to help the struggles of the
communities. This includes legal remedies like the Writ of Kalikasan, the Writ of
Continuing Mandamus and Evidence, and the Environmental Protection Order.
There is another legal strategy – the Precautionary Principle– that may provide an
exception to the Rules of Evidence. Under this principle, action shall be taken to
diminish the threat, if there is a threat. This has not yet been used by the Philippine
courts who seem reluctant to use this principle.

The Writ of Kalikasan, which translates to “writ of the environment”, is exercised as


an interpretation by the Supreme Court under then Chief Justice Renato Puno. It is
an order coming from the court to stop an environmentally degrading project. Anyone
can file this case without a filing fee, and one may not prove actual damage or injury. It
uses discovery procedures and relies heavily on the precautionary principle.

And of course, we continue to defend cases involving the violation of civil and
political rights of human rights defenders, including religious leaders, who have
been sued for trumped up charges,illegally detained and arrested, or who may be
victims of forced disappearances.

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Case Study #1: Tampakan Mining in South Cotabato
In the case of Tampakan, indigenous peoples in the area did not give their consent to
the entry and operation of the mining operations. To override this, manipulations
were made to secure their consent in an attempt to satisfy Free Prior and Informed
Consent. In addition, the mining corporations dealt with resettlement projects
triggering conflict among indigenous communities.

In addition, the local government of South Cotabato had passed a ban on open pit
mining. It was argued, however, that the local law cannot contradict national law.
The people’s counterargument is that the Mining Act of 1995 does not specify what
type of mining should be used and therefore the localities should be able to make
these specifications.

Case Study #2: Rapu-Rapu Polymetallic Mining Project in Albay


Rapu-rapu mining was the pilot project of the Mining Act of 1995, when the
constitutionality question of the law was deemed resolved a decade after it was
passed. The permit to mine was granted to Rapu-Rapu Minerals, Inc. (RRMI)
through a Mineral Production Sharing Agreement (MPSA) with an Australian
mining corporation, the Lafayette Mining Ltd. It started operating even before its
facilities were developed that its tailings easily spilled to the river and out to the
surrounding sea after heavy rains, resulting to massive fish kills in October 2005.
The mining operations were suspended due to public uproar.

The companies denied the spills and President Arroyo created a fact finding
commission (the Bastes commission) to check on the spills. This fact finding mission
confirmed the tailings spills and uncovered a host of irregularities from the mining
regulatory body to the corporate structure of the mining company to the benefit
sharing arrangements. Furthermore, their report stated that the corporation must
be held liable. Among others, it also recommended a review of the Mining Act of
1995, the cancellation of all financial and economic incentives given to Lafayette,
further investigation by the Bureau of Internal Revenue (BIR), and the cancellation
of the Environmental Compliance Certificate of the mining firm.

President Arroyo, however, ignored these recommendations. In its stead, the


Department of Environment and Natural Resources allowed the mining company in
2006 to do a test run for 60 days and with continuous extensions of the supposedly
temporary lifting order of the suspension order. In February 2007 a final lifting
order allowed the continued operations of Lafayette, until the financial crisis and
relentless protests caught up with the company and it went bankrupt.

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The rights to continue the mining operation was eventually sold to Korea Malaysia
Philippines (KMP) Resources, Inc. which resumed operations in 2009 until mining
operations were officially terminated in 2013.

However there was no decommissioning plan and area rehabilitation efforts


undertaken. In February 2014 an Environmental Protection Order, Writ of
Preliminary Attachment and Writ of Continuing Mandamus were filed before the
court against RRMI and DENR officials. The company filed a writ of continuing
mandamus but it was rejected by the court and was stopped by people’s actions.

A fact finding mission was conducted earlier in the year of which Atty. Escio was part
of, and it found that the river still had high pH levels and there are heavy metals in
the creeks. Separate environmental analysis are on the way but initial findings show
that the community is still wallowing in poverty.

People’s lawyers are looking at filing cases of Continuing Mandamus, Writ of


Kalikasan, and Temporary Environmental Protection Order but the cases are still
under evaluation.

The challenge for us is how to build up the legal cases to be able to challenge the
plunder of corporations as well as how to question/criticize the laws enacted in
support of neoliberalism (i.e. Mining Act of 1995).

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The challenge for us is how to
build up the legal cases to be
able to challenge the plunder of
corporations as well as how to
question/criticize the laws enacted
in support of neoliberalism

Labor Rights Strategy in the Mining Industry:


The Case of the Soma Mine Disaster in Turkey
Presented by Atty. Selçuk Kozağaçlı, chairperson of the Progressive Lawyers Association
(CHD-Turkey) and legal counsel of the victims’ families in the Soma underground coal
minein Turkey

What is the situation of mine workers in Turkey? In 2007, and again in 2013, reports
were released saying that the number of people who suffer illnesses due to workplace
conditions was highest in the mining sector in comparison with other sectors such
as farming, fishing, and transportation. The average number of accidents in the
workplace is also much higher in the mining sector than in the others. A report
by the Turkish Bar Association shows that from 1991 to 2008, 2,254 miners have
died because of accidents in the workplace or health related workers problems. An
average of 142 workers were killed per year and these are just registered/reported
accidents. There are indications that the authorities have hidden a part of the data
regarding workplace conditions. In a report for the first 5 months of the year 2014,
1,800 workers were reported to have died.

A common thread of accidents and deaths in mining is due to the privatization


and subcontractor system. The push for higher production levels, amid cheap labor
for profit, coupled with insufficient safety standard in the mines and a lack of
infrastructure in Turkish mines did these workers in.

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How much coal is produced in Turkey? Between 2000 and 2012, the growth of the
production of coal/ore has been 15 million tons from 1 million tons twelve years ago.
This increase is directly attributed to the established privatization and subcontract
system. After this system was established, rapid growth was seen in coal production,
whereas the state owned mines produces only a fraction of the privately produced
coal (about 300,000 to 15 million). The push for coal was accompanied with an
increase in the number of accidents. For about 1,000 tons of coal, 34 workers are
killed – which is an unacceptable value (the value of the coal takes into account
compensation being paid to families when a death occurs).

Specifically for the Soma mine, coal production increased from 280,000 tons per year to
2.5 million tons per year after it was privatized. Data on workers killed increased from
792 to 6,500. The official response from the company was that they were giving jobs
to the poor. As in other privatized mines the two major reasons for the deaths are the
push for higher production levels and the lack of safety measures in mining (both in an
attempt to increase production levels). There is also the complicity of the trade unions
in the lack of safety measures in mining: when a person signs up for a job in mining,
literally the place where you apply for a job there is a trade union representative as well,
would the trade union leader be profiting somehow in the mining industry?

There have also been massacres of mine workers in the mining sector, as evidenced
by the experience with the Soma and Ermenek mines. The term ‘massacre’ instead
of ‘accident’ was used because it is clear that the companies and the government
know that this type of death would occur and that they were able to calculate it and
buy insurance to be able to pay for it suggesting that it was in the knowledge of the
defendants, if not even planned/intentionally done.

In 2014, there were 250 people who died in so-called “accidents”. The first night
of the massacre, in May 13, people learned there was an explosion that happened
in the afternoon at the Soma mine. When Atty. Selcuk arrived at the town where
the explosion took place, the death toll was completely hidden from the public eye.
They had to wait for 25 days to know the exact death toll. The morgues were full of
dead bodies so they had to use some of the cold rooms that were used to preserve
vegetables and fruits to be able to preserve the corpses. People had to bury the
bodies as soon as possible so they did not really have time to be able to grieve for the
deaths of their loved ones.

Police and military attacked the lawyers and workers. Police wielded violence and
threatened those who protested in the wake of the mining massacre. There are
pictures of Atty Selcuk being attacked by police, of lawyers beaten and detained in a
sports hall. There is a picture of the advisor of the minister of energy kicking a man

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while soldiers tried to restrain him. People were prevented from joining the protest
action and solidarity movement. Lawyers were prevented from reaching people.
When the solidarity movement tried to reach the workers, the government started
a campaign against them saying that the solidarity movement wanted to close the
mine, trying to create a wedge between the workers and the solidarity movement.

Despite repression and pressure from the State, the CHD filed a petition with the
court. The indictment was published 11 months after the massacre. Only 8 of the 45
defendants were jailed for intentional injury/battery (162 counts) and intentional
killing/homicide (301 counts). The legal question of intention was a key question
because if we convince the judge that the intent was to kill then the sentence for
each defendant will be higher. The other defendants received conscious negligence
recklessness (2) and other charges.

Ermenek is a small town in the center of Turkey far from the big cities. 18 miners
died there five months after the massacres in Soma when they drowned in the Has
Sekerler mine after a pipe broke. Drowning in water is one of the most predictable
forms of accidents in the mining industry because it is not spontaneous like an
explosion; you need an accumulation of water and you can avoid risk when the
water levels rise (presumably that the company did not take these safety precautions
when the water levels had risen). Conditions in the mines make it difficult if not
impossible to swim away from the flood.

Criminal charges were filed by CHD for the Ermenek massacre. 3 people are in prison and
there are 16 defendants in the trial. The charges filed are reckless homicide (conscious
negligence) causing multiple deaths. The next hearing for this case is on August 2015.

Transnational and Domestic Lawsuits against Mining Companies


Video Presentation by Atty. Lewis Gordon, Director of the Environmental Defender Law
Center (EDLC)

In general there are three categories of cases that can be filed against mining companies:

1) Cases seeking to enjoin or stop a proposed mining project


Domestic lawsuits can be brought to challenge proposed mining projects, frequently
invoking threats to the human rights of affected communities that are protected
by international treaties. EDLC often helps communities and their lawyers in
presenting these legal challenges, including providing grants and advocating on
behalf of affected communities. EDLC also helps obtain expert scientific advice to
communities to aid in these cases or in the review of the potential impacts of the
mine. Transnational cases are typically not brought in these situations, as there

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are issues of sovereignty (a judge cannot order a foreign government to take action
or refrain from taking action) and frequently disputes over land ownership within
these conflicts (legal rules such as the Mocambique rule generally disallow a judge
from making a determination on issues of land ownership in another country).

2) Cases involving human rights violations of those trying to stop mining


projects
EDLC can provide legal assistance to help those charged with crimes and/or
imprisoned for their opposition to mining operations, or facing civil lawsuits as
a result of such opposition. EDLC has also helped obtain political asylum for a
number of persecuted activists, and has helped bring lawsuits for compensation
for opponents of mining projects who have been tortured.

3) Cases seeking compensation for human health


and environmental harms from mining projects
Transnational cases against mining companies typically seek the legal remedy
of compensation for harms to human health and remediation of environmental
harms. The plaintiffs may be individuals or entire communities (collective,
group, or class actions), while the defendant is usually the parent company that
is causing the harm along with its subsidiary company, which can sometimes
also be a defendant in these cases. A key issue here is where the parent company
is headquartered, and therefore which court or courts have jurisdiction over the
dispute. Under the forum non conveniens rule, most of the cases filed against
U.S. companies for harms overseas that are not ATS cases (the latter are now
harder to bring because of the Kiobel decision) are dismissed, with the court
determining that the case is more appropriately heard in the courts of the
country where the harm occurred. The rule is different in Europe, where the
forum non conveniens rule has largely been abolished and courts typically must
hear the cases, at least against the parent company. Canada and Australia are in
between the US and Europe. In any other countries, such as China, it is difficult
to bring cases against parent companies for overseas harms.

A second issue is parent v. subsidiary liability. While victims can try to “pierce the
corporate veil” in order to hold the parent company liable for harms caused by its
subsidiary company overseas, in practice this is very hard to do. Consequently,
cases are increasingly being brought against parent companies on a “direct
negligence” theory or an agency theory.

What is the substantive law used in these cases? It is ordinarily the law of the
country where the harm took place (lex loci delicti). If so, the plaintiffs must
educate the court on the substantive law of that foreign country, typically through

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expert testimony. In essence, there may be two battles: 1) the battle over which
country’s law applies as well as the content of that country’s law, and 2) the battle
on the merits.

Under many legal systems, the “loser pays” or “prevailing party” rule provides that
the losing party must pay the other side’s legal fees and costs, at least in part. This
can work to the benefit of impoverished clients, whose lawyers’ fees- in the event
of a successful outcome- may be paid by the other side, instead of from the recovery
(if the case is lost the victims’ lawyers are typically not compensated). EDLC has a
grant program for out-of-pocket expenses in these cases. Another key question is
whether the total damages are large enough to make the case economically viable.
Additional challenges include the range of logistical difficulties in presenting a case
(including bringing witnesses) from one country in the courts of another country.

In EDLC’s experience, the “simpler” cases from a factual and legal standpoint are
those that involve torture and other human rights violations. Typically, the bigger
the company, the bigger the fight. In general, the bigger the multinational company
(i.e. the larger the number of the company’s operations around the world), the
more difficult it is to show the actual involvement of the parent company in the
management and control of the subsidiary. There is also the challenge of proving
actual causation; i.e. that the company’s harmful actions resulted in health effects
on an individual basis. This challenge can sometimes be solved by establishing more
generalized types of health harms and/or proof of the increased risk of developing
serious diseases such as cancer.

In conclusion, Atty. Gordon recommends to always consider the domestic approach


first, especially to stop operations, in part because it’s also cheaper. Also, it is
important to keep in mind factors including the factual, legal, economic viability
of the case; the role and domicile of the parent company; the availability of capable
attorneys to bring the case, and the presence of strong allies on the ground.

Dissecting the International Legal Order on the Mining


Presented by Atty. Cheryl Daytec of the National Union of Peoples Lawyers

The “parents of impunity” at the international level are: 1) The World Bank, which
gives loans that are guaranteed by States; 2) The World Trade Organization, which
promotes international trade/free trade by reducing trade barriers, resolving trade
disputes among corporations or between corporations and the host states, and is
capable of enforcing binding decisions enforced through economic sanctions; and
3) The International Monetary Fund, which sets policies to “rescue” developing
countries and imposes conditionality (i.e., austerity measures) on governments.

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These three institutions do not work for the interests of developing countries but
for the interest of corporations.

International human rights mechanisms in place do not have enforcement sanctions.


Corporations, on the other hand, can sue states through the ICSID arbitration
mechanism of the Word Bank. There are other bilateral agreements that allow these
arbitrations, which states sign on to because they believe that they need it to get
their loans.

Corporations have no direct liability under international law. They are not identified
as a person or an individual. They are really big, for example Walmart produced $256
billion which is larger than the GDP of 36 countries combined. So what happens is
that states bring actions on behalf of the corporations. There is also the stability
clause wherein the investor will be free from further regulatory impositions by the
state to ensure the stability of profit.

The states, on the other hand, have become toothless. They have bankrupt central
banks, especially where national coffers are heavily mortgaged to the World Bank/
IMF, and so need loans and investments. Developing economies have no technology
that can transform the rich natural resources into fungible goods and commodities.
In addition, they are under pressure from financial institutions who impose further
conditions every time they have to take a new loan. States also have to contend with
the chilling effect of international litigation through ICSID.

This international order is put in place under the principles of economic


globalization. This entails the privatization of state entities, usually through IMF
conditionality (i.e. Structural Adjustment Programs), and includes the privatization
of public utilities and services. The second component is deregulation, which follows
the doctrine of “too much government interference in corporations is bad for the
economy” thus it lets the companies grow for the “country to grow”. And, lastly
there’s “free” trade, which only really applies to the rich countries.

States and its people are hostages of underdevelopment. Laws itself are not lax but
the regulatory environment/implementation is very lax. They are there to create a
favorable investment climate (i.e.,cheap labor, tax holiday) for foreign companies
and investors. Stability clauses, in addition, are there, which is a result of the
framework created by the WB-WTO-IMF. They are held hostage by the threat of the
ICSID, plus the bankruptcy of the central banks.

Are the states there to protect their constituents or are they too bound by the
debtor framework to be able to protect their citizens? States have become very weak

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relative to corporations. Corporations have supplanted the political power of States
and governments are merely apparatuses to enforce their will. If there is a conflict
between the interest of the people and that of the corporations, the interests of
the corporations are protected. Hence, corporate impunity. In counterpoint, there
is also a weakness of international human rights instruments. Findings of human
rights bodies are at best political (shame and blame) in comparison to the WTO’s
ability to enforce economic sanctions.

Cases pending before the ICSID show that the states have become enforcers of
corporate interests. It allows companies to use threats of lawsuits to pressure
governments. Illustrative examples are:
1) Philipp Morris vs. Uruguay – plaintiff alleged breaches of BIT for requiring
cigarette packs to display graphic health warnings that smoking was dangerous
to health
2) Churchill Mining vs. Indonesia – Indonesia revoked concession rights of a local
mining company invested by Churchill Mining
3) Occidental Petroleum vs. Ecuador – Ecuador annulled a contract with Occidental
Petroleum because the company had transferred its contract without notifying
Ecuador; although ICSID found that the firm violated the terms of the contract,
the annulment of the contract was inequitable; $1.8 billion in favor of plaintiff
4) Tullow Oil vs. Uganda – Tullow Oil sued because of VATs imposed upon them
5) Vivendi vs.Argentina – Argentina charged the corporation for using water and
waste water services; Vivendi sued Argentina and won
6) OceanaGold vs.El Salvador – The plaintiff sued saying it was “cajoled” by the
country into exploring the area after Canadian Pacific Rim was given a permit to
explore; Canadian Pacific Rim sold its rights to Oceana, Oceana was unable to get
consent from the people to mine and so was unable to do so and now they are suing

What are the legal means left to protect ourselves? Some suggested moves that we
can make are:
1) Pushing for the personhood of multinational corporations under the law;
2) Pushing for the setting up of a tribunal for environmental and economic crimes
under the UN;
3) Lobbying for the adoption of ATCA (Alien Tort Claims Act)-like legislation by UN
member states;
4) Going to the OECD to police the corporations;
5) Holding TNCs liable for genocide as a jus cogens norm especially where they
work in indigenous communities (by forcible removal and displacement of
communities; with intent to destroy in whole or in part the national, ethnical,
racial or religious group);
6) Litigating under ATCA in the US?;

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7) Adopting an international human rights code for TNCs/MNCs – however the
countries that are host to powerful corporations are also the ones that control
the UN;
8) Moves within UN bodies. These bodies can only act as on individual cases.
Indigenous groups, for example, are using article 27 or the UN CERD (very viable,
since CERD can act on urgent action matters or give early warning similar to the
environmental based TROs;
9) Explore domestic remedies and enforce CSR;

Workshop Resolutions
The participants of the workshop were in unity that:
1) Mining means plunder and environmental degradation
2) It poses great risks to the people’s health, safety, and security in violation of
human rights
3) States and governments provide protections to the mining corporations through
lopsided legal systems and the use of force

Recognizing these, and based on the shared experiences and challenges during the
workshop, these main points were discussed for the plan of action:
1. Conduct a study and analysis of the domestic and international legal frameworks
on mining
• Create the International Center for Legal Research vs Destructive Mining
• Assemble and organize an international network of scholars, lawyers, activists
who are pro-people and against industrial mining plunder
2. Pursue international remedies and mechanisms to stop industrial mining plunder
• For example, if there are indigenous people involved, use the Human Rights
Committee (ICCPR)[International Convention on Civil and Political Rights],
mechanism under Art. 27 (Right to Culture); UN CERD [Committee on the
Elimination of All Forms of Racial Discrimination] including early warning
and urgent action
• For example, if the parent company is from the OECD, avail of the jurisdiction
and remedies in these European countries
• Invoke jurisdiction of the Rome Statute over crimes against humanity such
as the forcible dislocation of indigenous people and the destruction of their
means of subsistence which can be considered genocide
• Push for limited recognition of legal personality to be sued and be held legally
accountable of business entities under international law
• Push for universal jurisdiction to enforce criminal negligence, tort,
malfeasance, etc. committed by transnational mining companies
3. Pursue legal suits and actions
• Domestic

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- In the Philippines: Semirara, Marinduque, Nueva Vizcaya; the Writ of
Kalikasan for Batangas, Rapu Rapu, Marinduque
- In Indonesia: Maluku, Riau Islands, Nusa Tenggara
• Regional
- Explore IACHR, Banjul Court, ECHR, ECJ
• Transnational/cross-juridisctional
• Coordinate international cases
• Keep in mind - precedents
- To overcome accident defense in Turkey – the mining companies were
aware of the possible deaths caused by the use of water, they had planned
for and foreseen these deaths as evidenced by their purchase of insurance,
and were prepared for the deaths by compensating family members of the
workers who died
4. Protect and recruit human rights defenders
• Organize an international conference
• Create a strategy for protecting human rights defenders including lawyers
• Educate widely on legal problems and legal limitations of fighting against
destructive mining based on study in point 1
• Educate, develop, and train more human rights lawyers and human rights
defenders
5. Support and initiate campaigns internationally
• Coordinate internationally with groups and advocates
• Support and initiate a campaign designating an International Day of Action
Against Industrial Mining Plunder
• Choose a date when the worst mining disaster occurred
6. Conduct an International Tribunal on Crimes of Transnational Mining Companies
• Replicate the model used in the International People’s Tribunal, Permanent
Peoples’ Tribunals, etc.
7. Push for pro-people mining policies, regulations and actions
• Develop an understanding of the term “pro-people” lest it be coopted by or
become part of the value chains of big business

And our last words:


In the end, legal action without people action is futile.
It is always the struggle of the people that is decisive.

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Workshop 3:
Increasing
Resistance and
Forging Solidarity on
Campaigns Against
Large-Scale Mining

Organized by:

Jaringan Advokasi Tambang (JATAM)

Kalikasan – People’s Network for the Environment(KPNE)

War on Want UK

Computer Professionals Union (CPU)

The workshop was conducted with three main objectives, namely: (1) To share lessons and experiences in
conducting successful mining campaigns; (2) To come up with possible bilateral and multilateral actions
and campaigns; (3) To provide opportunities for participants to network with others and get support for
their own campaign initiatives. It was attended by 33 participants from 12 countries.

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Different Experiences, Lessons and
Challenges in the Conduct of Mining Campaigns Worldwide

The Experience of Socksargends Agenda vs Glencore in the Philippines


Presented by Ryan Larriba of Environment Agenda in Mindanao

For three decades now, the people of South Cotabato have been resisting and delaying
large-scale mining in Tampakan, which has estimated deposits of 11.6 million tons
of copper and 14.6 million ounces of the gold. In 1990, Western Mining Corporation
(WMC) started prospecting in the area, which culminated in a Financial and Technical
Assistance Agreement (FTAA) being granted to it even before the Mining Act of 1995
was passed in 1995. In 2001, the FTAA was transferred to Glencore-Xstrata-SMI.

A very important factor for the success of this particular campaign was the strong
people’s resistance at the grassroots level, especially among the B’laan tribe. This
was instrumental in getting support and participation from the Church, with Bishop
Dinualdo Gutierrez being very vocal against mining. The clamor against mining from
the local community, indigenous peoples, support groups and the Church was also

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instrumental in the signing of an Environment Code in 2010 by then Governor Daisy
Fuentes. This local law banned open pit mining in the province of South Cotabato, which
prevented the mining company from getting the necessary permits it needed to operate.

Another factor that is strongly linked to the first in the successful exit of Glencore
from Tampakan is the convergence of diverse and sustained forms of actions from
a broad range of stakeholders – a mix of legal and armed forms of resistance; from
the indigenous peoples to students, professionals, the Churches and the local
government up to the rebel groups - against the company. As early as 1995, the
B’laan waged a “revolutionary pangayaw” (revolutionary tribal war) against WMC,
which prompted the company’s exit from the area. In 2008 a company of armed
rebels from the New People’s Army raided and torched the main base camp of
Glencore-Xstrata-SMI. In June 2012, the B’laan “red pangayaw” (tribal warriors) led
a series of ambuscades against the companies’ security forces.

The Open for Justice Campaign in Canada


Ariane Collin and Genevieve Talbot of the Canadian Catholic Organization for
Development and Peace (D&P) provided inputs on the Canada Open Justice
Campaign. This is an initiative of the Canadian Network on Corporate Accountability
(CNCA), a broad network of CSOs across Canada, of which D&P as well as Mining
Watch is a member. The Canada Open Justice Campaign, launched in 2013, was
a lobbying effort to demand accountability from Canadian mining companies for
their actions abroad. The campaign had two main demands: one was to push for
the creation of an Ombudsman for the extractives sector who can independently
investigate complaints and make recommendations to corporations and the
Canadian government. The second was creating legislation in Canada for people
who have been harmed by the overseas operations of Canadian companies so they
can seek redress and justice in the home country of the mining company..

In 2009, a bill was already filed in the Canadian parliament called the Corporate
Accountability of Mining, Oil and Gas Corporations in Developing Countries Act
or C-300 which sought to make binding CSR guidelines of extractives companies
and provides a mechanism for the investigation of complaints against Canadian
companies operating in developing countries. D&P and Mining Watch launched
a lobbying campaign to gather support for this bill, which garnered one million
support letters. The bill was defeated in 2010 at the Parliament.

In 2014, more than 95,000 Canadians have written letters to their ministers in the
Canadian Parliament in support of the Open Justice Campaign and pushing for its
two demands. A bill called C-584 was drafted in the Parliament by supportive MPs and
received support from opposition parties in the Parliament. This, however, was voted

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down by the Harper government. The CNCA remains hopeful that it can garner more
support with a more liberal government after the elections in late 2015.

Based on the experience of D&P with this lobbying campaign, specifically with its
Voice of Justice campaign which was in support of the demand for an extractives
Ombudsman, the following observations were made: First was the realization among
Canadians that the behavior of their mining companies is the responsibility of their
people. This mattered especially to the Canadian youth, who were easier to mobilize
for the campaign. Building up such a campaign also took time. In the process the D&P,
a faith based group, was transformed and became more involved in political platforms.
It also provided the opportunity for the creation of linkages and networks between
Canadian CSOs and various grassroots organizations in the global South.

India Campaign Against Vedanta Corporation


Presented by Ashok Shrimali from Mines, Minerals & People (mm&P)

The mm&P is a network of more than 100 grassroots organizations and support
groups across India. They were part of the big campaign against the British company
Vedanta who were operating in Orissa. In 2004 Vedanta was given clearance to
construct an alumina refinery in Orissa, and later for bauxite mining. These projects
covered the Niyamgiri hills, where the indigenous group of the Dongria Kondh live.

In their experience the local community campaign and resistance was very strong,
especially among the Dongria Kondh people who were protecting their sacred lands.
They conducted coordinated campaigns at the state and national levels. During
company meetings they would hold protest actions to pressure company officials.
Another strategy that they used in the conduct of their campaign was to file legal
cases: In 2007 the Supreme Court of India put a halt to the project. In 2008, the
court gave clearance to the company again on several conditions. The Environment
Ministry in India, however, would not issue clearances for the project, and called
for an investigation on the project and its impacts on local people and wildlife. In
2010 the government filed actions against Vedanta for violations of environmental
regulations. In 2013 the Indian Supreme Court ruled to ban mining in Niyamgiri
and to protect the rights of the Dongria Kondh.

International Solidarity and Support Campaigns in the UK


Presented by Hannibal Rhoades from the Yes to Life, No to Mining Network (YLNM), and
Graciela Romero from War on Want

The two speakers shared on their networks’ campaign experience. The YLNM is a
young network which has built international solidarity and support against mining.

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Its broad network, launched in 2012, counts 50 community groups as members
worldwide. War on Want, on the other hand, is an organization which started in
the 50s to fight global injustice and address poverty. It is currently initiating the
Permanent Peoples’ Tribunal on Crimes of Transnational Corporations Listed in the
London Stock Exchange to be held in London in 2016.

The different experiences, campaigns and strategies shared during the workshop
inputs and by the workshop participants emphasized the continuing relevance and
need to highlight the struggles of people to uphold life and human rights. It also
underscored the importance of a strong resistance that starts at the grassroots level
in order to effectively stop mining operations. The call for community control over
natural resources was common and resounding, as emphasized by the call, “OUR
LAND. OUR MINERALS.OUR RIGHTS”.

All the struggles of communities, people’s organizations, support organizations,


and NGOs against large-scale mining are linked together, especially with the
globalization of the mining industry.

Issues and Actions


Based on the inputs from the workshop participants, the following issues and areas
for action were identified:
1) Research
• Policies on mining on different countries
• China’s Mining Policy
• Mining Liberalisation and its effects on health
2) Capacity Building
• for developing new campaigners and leaders
• for mining-affected communities
3) Exposures to Mining-Affected Communities
4) Quick Response initiative/mechanism/body to raiseawareness in real time

Several common and strategic themes for campaigns and action were also identified,
among these:
1) Mining and climate change
2) Alternative mining policies
3) Human rights violations
4) Collaborate with unions on mining campaigns
5) International arbitration (UN, WB, AIB, IMF)
6) Mapping of existing initiatives, campaigns, networks ororganisations working
on mining-related issues

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The call for community
control over natural
resources was common
and resounding, as
emphasized by the
call, “OUR LAND. OUR
MINERALS.OUR RIGHTS”.

Similarly, company-focused actions were also discussed that would involve


coordinated campaigns and actions across different countries affected by big
mining transnationals. Among the companies identified as targets of coordinated
campaigns and actions are:
1) Adani
2) Glencore
3) BHP
4) RIo Tinto
5) Revanta
6) Oceana Gold

Specific internationally coordinated actions were also discussed, among them a


Global Action on Mining, on Overconsumption, etc.

To make these proposed strategies, actions, and coordinations more effective, the
workshop recommends the formation of an international mechanism/secretariat
to connect networks and start mapping existing initiatives on mining-related
campaigns.

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Workshop 4:
Gendered
Impacts of
Mining

Organized by:
Association for Women’s Rights in Development (AWID)
Cordillera Women’s Education Action Research Center (CWEARC)
Karapatan Alliance for the Advancement of People’s Rights
Kairos Canada

This workshop was participated in by women leaders from communities affected by extractive industries
and other “development” projects, and women human rights defenders (WHRDs). It was facilitated
by Vernie Diano of CWEARC, Cristina Palabay of Karapatan and Inmaculada Barcia of AWID. The
participants shared the situations and experiences from their respective countries, especially in terms
of how extractive industries affected their communities. They also discussed how women particularly
WHRDs in the communities and grassroots people’s organizations face the impacts of these extractive
industries, as well as the challenges that they face in defending their communities.

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Different Experiences, Lessons and Challenges of Women Human Rights
Defenders (WHRDs) Worldwide

WHRDs in Mindanao
Presented by Cristina Lantao from Sabokohan - Confederation of Lumád Women in Southern Mindanao Region

In Mindanao, as communities have been increasingly organized, women are acknowledged and
respected as leaders in the indigenous people’s communities. When there are human rights
violations affecting their communities and schools, and when there are large-scale land grabbing
of their ancestral domain, women take the lead in undertaking actions.

Targets of large-scale mining companies are ancestral domains of indigenous peoples and lands of
peasants. Entire communities organize evacuation from their areas whenever there are military
operations in their communities and/or when mining companies employ forcible displacement
methods. These are also viewed as forms of organized resistance and protest. They seek refuge in
urban centers to bring to fore their issues before the general public, to expose the accountability
of military troops and mining companies, and to challenge government institutions to respond to
their legitimate needs and interests.

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If evacuation and dialogues do not work, their community may be forced to wage
tribal war or armed resistance against the mining companies. In their culture, they
have pangayaw, wherein the community will take up arms to defend their ancestral
territories and peoples. Historically, in the Philippines, armed resistance is also
a form of resistance against colonial interests and modern-day forms of plunder,
exertion of foreign hegemonic interests, and other forms of exploitation.

In some areas that will be affected by mining companies, communities barricaded


the roads to prevent the entry of mining equipment. Like the other human rights
defenders, WHRDs experience vilification, criminalization, illegal arrests and
detention from State security forces. These are seen as schemes of government
authorities, in cahoots with the mining companies and land-owners, to impede and
derail the work of WHRDs.

WHRDs in Timor Island, Indonesia


Presented by Mama Aleta Baun of the Pokja Organisasi A’Taimamus (OAT) / Mollo
Indigenous Organization, Indonesia

The community of indigenous Mollo in the upland region of Timor Island,


Indonesia are opposing the mining of marble. The indigenous peoples believe that
nature is sacred. It is likened to the human body, and thus it has to be protected.
Women leaders in the communities took on the role of resisting the extractive
industries. Because of the people’s struggle, the mine closed down in 2010.

The women organized and united villages. They encouraged indigenous leaders to
join in the struggle and identified leaders who can speak in the communities to help
educate them on the real interests of the mining companies.

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Some of the activities they organized against the mining industry are ceremonies of
indigenous peoples communing with nature. Because the indigenous peoples believe
that nature is like the human body and part of the people’s lives, defending nature
against the destructive nature of the extractive industry is necessary.

Aside from organizing the men and women in the communities, the youth were also
organized to help in bridging the distance of the villages. The youth acted as couriers
to bring messages to different communities.

Challenges faced by community leaders and women human rights defenders are
threats, harassment and fabricated charges against them. Mama Aleta herself has
received threats on her life which forced her and her family to seek refuge away from
state security forces. Communities that Aleta helped organize hid and protected her
and her family in the forest.

Leaders, especially women leaders experienced beatings from police and private
security personnel. They were arrested.

It is very difficult for women leaders in the community because women are often not
recognized as leaders. But because of the struggle and its gradual gains against the
mining companies, the communities have eventually recognized women as leaders.

Mechanisms for WHRDs in the National and International Levels


Presented by Sarojeni Renggam from the Pesticide Action Network – Asia Pacific
(PAN-AP),Malaysia

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In their experience on food and agriculture issues, there are many human rights
violations (HRVs) perpetrated by corporations brought about by non-regulation
and impunity. One of their campaigns is the advocacy for the creation of legally
binding international instruments on corporate violations. More violations are
perpetrated through the investor-state dispute settlement mechanisms which are
promoted through bilateral or regional trade agreements between governments
and corporations such as the Trans-Pacific Partnership Agreement (TPPA). One
danger of these agreements is that the corporations are considered as citizens of
countries and regions and thus are accorded sovereign “rights” equal to citizens
of every nation-signatory. There are no judicial mechanisms; only an arbitration
mechanism exists. They have tribunals set up with either the World Bank or the
UN that will decide on the cases. There is no outside appeal involved. And this is
very dangerous because even at the domestic level, corporations can challenge the
protest of the peoples protecting their communities and environment.

PAN-AP participated in civil society engagements to lobby for the initiation and
crafting of a UN resolution on the establishment of a legally binding instrument
on TNCs and other big businesses. One thing being discussed in processes is the
extra-territorial obligations where the governments of home countries of the
corporations will also be held accountable for the violations committed by their
corporations.

She also recommended women to study the UN Guiding Principles on Business


and Human Rights. This principle is voluntary for countries and corporations. But
it is also a tool for citizens affected by extractive industries. Countries are being
encouraged to create national action plans to implement these guiding principles.
But this is not enough. There is no liability and no remedial aspect, and thus full

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unity - people
coming together -
is very important
accountability is still not addressed. She also recommended working with the UN
Special Rapporteurs.

Among other tools that may be used by peoples and communities are engagements
through court proceedings (i.e. filing legal cases in the home countries),
documentation and investigation of impact and violations by human rights
organizations. There are also mobile applications being developed that may be used
as tools for documentation and as an alert system whenever there are violations on
the ground.It is also important to join and participate in regional and international
resistance to government-corporate treaties, e.g., against the TransPacific Partnerhip
Agreement (TPPA).Corporations also use methods to divide the people. Therefore,
according to Sarojeni, unity – people coming together – is very important.

WHRDs Against Fossil Fuels and Mining in Ecuador


Presented by Gloria Chicaiza, Accion Ecologica,Ecuador

In Ecuador, women are confronting extractive industries, in general, as well as the


patriarchal structures. With men employed in the mines, the work of women in
their homes increases. Women then assume responsibilities in tilling their land.
If women are also employed in the mines, they are burdened with more work and
responsibilities, unlike the men.

There are women working in the mines, but they are also involved in fighting for
their rights and in the struggles. Women involved in the struggle are often judged,
even stigmatized, within their families. Their families often resent mothers/sisters
who assume leadership roles in their communities.

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In consultations in the communities, men are most often allowed to speak, while the
women are most often disregarded. This is being attributed to the prevailing macho
society. Men are most often allowed to only speak for their families, partly due to
the lack of literacy capacities of women. Because women are not consulted, they
suffer discrimination in many ways. Because women are in charge of their children,
they often bring their children to mobilizations and protest actions, and they are
judged and condemned for being “irresponsible” for bringing their children.

As part of Accion Ecologica, Gloria’s group brings to the public’s attention the
situations their communities face. Women usually lead the actions. In response,
the government would also send female police officers with slogans saying “I am
also a sister and daughter” to attempt to mislead the public. There are also physical
forms of repression. Amazon leaders are often accused of trying to “destabilize” the
government.

Indigenous WHRDs in Canada


Presented by Meeka Otway from the Pauktuutit Inuit Women, an organization of
indigenous Inuit in northern Canada

One of the challenges faced by the Inuit peoples is their distance from large cities,
which almost isolates them from other communities and indigenous peoples.

They conducted a study on the impacts of resource extraction on women and children
in different communities in the north. Though the mining industry provided jobs
in the Baker Lake communities, and allowed Inuit women to build their skills, self-
esteem, and independence and to provide for their families, due to limited financial
literacy, the higher income did not have much impact. Without access to financial
and banking services, the communities could not use their new income as they would
have needed. In addition, data shows that women often hold entry level positions
and experience very high rate of turn-over.

Socially, the mine has created tensions in the community, leading to family
breakdowns due to both jealousy and long periods spent apart because of rotational
scheduling. Children are often left by their mothers for two-week periods as their
mothers worked at the mine site. Communities have limited day care options. High
incomes also result to tensions within the community as people experience unequal
benefits from the mine. Higher incomes for some also spur drug addiction, along
with alcohol abuse and bootlegging, especially among the youth. However, due to
the mine, there seems to be higher graduation rates at the secondary education level
as Inuit youths now have local job opportunities to look forward to.

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Final Workshop Declaration
Women human rights defenders (WHRDs) have a very strong connection with
their lands and territories, which they describe as a source of life. In addition, the
environmental damage generated by the extractive industry impacts women’s ability
to provide food and clean water for their families and communities. Also with the loss
of land and displacement, women’s workload to provide for their families increases,
including the impact on women who are trafficked and victims of forced migration.
Destructive and large-scale mining also impacts on their and their families’ health,
and their livelihood.

For all these reasons, many women have taken leadership roles defending their
lands and communities. They are building and strengthening their organizations
and communities; creating spaces for the development of their capacities; leading
protests and direct actions; asserting women’s voices in negotiation platforms,
political and governance processes; and are building solidarity across communities
and national borders to resist transgressions on their rights. Assuming these new
roles has increased their visibility, but has also put them at greater risk. WHRDs
are exposed to violence from businesses, governments and repressive institutions,
including patriarchal structures that perpetuate violence.

There are numerous cases of extrajudicial killings,and use of criminal and civil
cases being brought against defenders by governments, companies and security
forces based on vague definitions of crimes in the context of the leadership
roles they take on in their communities resisting “development projects.”
Criminalization, which is reinforced by gender-based discrimination and violence,
is an attack against women defenders. It is often accompanied by smear campaigns
that include defamation and rumours about WHRDs’ gender and sexuality that
reinforces gender stereotypes and generates rejection and isolation from their
families and communities. These campaigns can also undermine their leadership
role in their organization and movements.

In addition, the increased use of the military, police, paramilitaries and private
security agencies to counter opposition to “development” projects has had
a severe impact on the lives and security of WHRDs. In particular, WHRDs
are at high risk of sexual harassment and rape by security guards or military
personnel around mining sites. Deception tactics are also being employed, such
as the manipulative process of obtaining the free, prior and informed consent,
to attempt to divide communities and derail their resistance to extractive
industries. Impunity and lack of access to justice for these violations are a major
challenge for WHRDs.

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many women have
taken leadership roles
defending their lands and
communities

Our experience of repression and impunity as WHRDs are brought about by the
complicit actions of States and corporations where policies and laws are created
in favour of corporate interests over the rights of women and peoples. These
happen despite the presence of international human rights laws, including the UN
Declaration of the Rights of Indigenous Peoples (UNDRIP).

Governments and transnational corporations exacerbate the dire impacts of


extractive industries on women and their communities through the plunder of their
lands and resources, and multilateral and bilateral trade and investment agreements
that infringe on women’s rights, the right to self-determination and sovereignty of
peoples.

However, women are organizing and mobilizing their communities, and other
sectors, to resist the onslaught of these extractive industries. They are challenging
government policies through direct action, protest demonstrations, and all forms
of resistance. They are also creating visions of genuine peoples’ development that
is based on gender equality, environmental sustainability and social justice and
working towards making these a reality.

ACTION POINTS AND RESOLUTIONS

Campaigning
We are organizing days of simultaneous global or regional actions focusing on
WHRDs for land, territories, life and resources. This includes solidarity actions
profiling women defenders and leaders and raising the visibility of the role that
women defenders are playing.

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The following are proposals for global actions: October 15 – International Rural
Women’s Day, November 25 – December 10 (16 Days to End Violence Agaianst
Women), March 8 – International Women’s Day, April 22 – Earth Day, August 9 –
International Indigenous People’s Day

Strengthening Capacities
a) Document stories of struggles of WHRDs and use these stories for the coordinated
campaign
b) Organize leadership, skills, and media communications trainings, which can
be organized back to back or within the next IPCM or in other international/
regional events

Networking
a) Regional and international organisations to build bridges to ensure local
participation of WHRDs
b) Work with media/journalists and parliamentarians for them to hear the
testimonies of the communities
c) Create a global campaign mechanisms where women’s movements can strengthen
solidarity with other social movements and generate support for campaigns of
women’s movements
d) Strengthen our networking between women’s movements and with other social/
people’s movements; with women lawyers, ecumenical women and organizations
that document human rights violations.

International advocacy
a) Bring stories of WHRD struggles to the attention of the UN through the Special
Rapporteurs, including SR on Violence against women and HRDs, through
consultations, meetings and interface with them
b) Maximize international mechanisms and events to bring forth the women’s
voices, such as in the United Nations negotiations on the international treaty/a
legally binding instrument on TNCs; regional human rights mechanisms; special
procedures and treaty bodies, and UN guiding principles on HR and business.
c) Strengthen women’s resistance to trade agreements that further violate the rights
of WHRDs opposing the entry of extractive industries in their communities
and countries (i.e. Trans Pacific Partnership Agreement, TTIP, World Trade
Organization). Mobilise for the protests during the Asia Pacific Economic
Cooperation meeting on November 2015 in Manila, Philippines.

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Workshop 5:
Establishing
Community-based
Scientific Tools to
Investigate Corporate
Mining Accountability

Organized by:
AGHAM – Advocates of Science Technology for the People (AGHAM)
Australian Centre for Geomechanics (ACG)
Center for Environmental Concerns (CEC)

The program started with the introduction of the workshop participants. A total of eighteen (18)
delegates from 19 organizations in the Philippines, Belgium, Australia, Japan and Zimbabwe
attended the workshop that was facilitated by Dr. Giovanni Tapang, Chairperson of AGHAM-
Advocates of Science and Technology for the People and Ms Cleng Julve, volunteer forester of
AGHAM. The discussion had two parts, the first part was the sharing of the organizational
experiences on environmental destruction caused by mining corporations from community and
support organizations. The second part was the sharing of scientific tools or methodologies by the
scientific experts.

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Sharing of Experiences by Community and Support Organizations
Representatives from two mining areas in the Philippines presented the current
mining situation in their respective areas and how the community built strong
opposition against the mining operations.

Presentations by
1) Benjamin Cajegas, Jr., director of TABI-Masbate, a people’s organization in
Masbate
2) Alfonso Shog-oy, member of the Alyansa ng Nagkakaisang Novo Viscayano para
sa Kalikasan (ANNVIK)

In the province of Masbate in the Philippines there is an ongoing mining operation


by Filminera Resources Corporation through the Masbate Gold Project. Among the
violations committed by the company include the contamination of water bodies
that are suspected to cause sickness among members of the community as well
as the occurrence of fish kills in the area. Blasting activities during active mining
operations also result to noise and vibration that are distressing the communities
living within the mining site. There is also a threat of erosion from the mine

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stockpiles that endanger the lives of the people in communities living downstream
from the mining site. The deforestation of the watershed to clear the area for mining
led to the drying-up of water resources for agricultural use. Many residents lost their
homes and livelihoods from the large-scale mining operation. These grim realities
faced by Masbateños forced them to take action by organizing the community at the
local and national level.

In Nueva Vizcaya province, before Oceana Gold Phils., Inc., Climax-Arimco Mining
Corporation (CAMC) was the holder of the Financial and Technical Assistance
Agreement approved by the government. Due to the mounting protest against CAMC,
they transferred their mining rights to OceanaGold Philippines, Inc.(OGP). Resistance
had intensified with the people building a barricade to express their opposition to the
mining operation. After several years, OGP started its active operation. Three years
since its initial operation, there is already a manifestation of environmental impacts
and health effects on the host communities. Based on the result of an Environmental
Investigation Mission conducted in 2014, copper contamination was 6.5-7.4 higher
than the threshold level ofthe benthic organisms to survive. Community members
report that animals who drank water from the Didipio River die.

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Sharing of Scientific Tools and Methodologies

Environmental Baseline: Characterizing Ore Bodies


and their Consequential Mining Pollution
Presented by Ron Watkins, PhD, an environmental geochemist and Director of the
Envronmental Inorganic Geochemistry Group in Australia

Identifying the environmental baseline is important as mining operations are


premised on the condition that their activities are not supposed to release pollutants
into the environment. If so, it shows incompetence on the side of the mining
company to manage their activities. He also clarified that not all mining activities
lead to pollution because it depends on the environment. Mining activities change
the chemical characteristics of the ore body by exposing the materials to oxygen and
water: what has been stable underneath the earth is no longer stable at the surface.
One example is iron: when it gets exposed to the environment, its chemical form
changes so that it can easily dissolve in water and gets mixed in the environment. It
can enter the human intestine through the cell wall that causes health implications.

Environmental Monitoring: Management of Operational Risks


on Mining and Community-Based Assessment Guide for Mining Operations
Presented by Mark Muller, a geophysicist from the London Mining Network

Monitoring the environmental impact of mining operations is based on an


understanding of the various stages of mining and the risks associated with each
stage. The impact is greatly felt in the early to mid-stage of exploration where
scarring of forest landscape and loss of vegetation takes place. At this stage, the
communities must be made aware of the risks involved. In the mid to late stage of
exploration, drilling is initiated that could result in the release of toxins (pollutants)
to the environment. He added that in active mining operations, the rock dumps
produced from open pit mining are porous, which allows the ingress of water and
oxygen that produces acid mine drainage (AMD).

Given the financial capability of mining companies, they can afford to have a regular
monitoring of the water quality which the community is not capable of doing.

One way of detecting acid mine drainage is by measuring the temperature of the rock
dump: if it is significantly very high then it indicates that there is acid generation as
the pyrite that is exposed to oxygen and water forms sulfuric acid and iron hydroxide.
A tailings storage facility where the by-products of mining are disposed can create
an acidic water that can leach into the groundwater if it does not have well equipped
infrastructures and facilities.

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There is a need to conduct monitoring of water quality prior to mining that would
serve as baseline information. It is recommended that one year of monitoring be
done to measure the baseline or natural background in the area before actual mining
operations start. There are many available rapid test equipment such as testing
strips and kits, but it could only provide qualitative data and are not ideal for long
term use. There are field gadgets such as digital pH and conductivity sensors which
are more accurate and can be used for a long period of time.

Restoring the Productivity of Rice Farms in Copper-Contaminated Paddy Fields


Presented by Virginia Cuevas, PhD, a biologist from the Univerisity of the Philippines –
Los Banos

A 20-minute video entitled, “Leaving Paco, Mankayan, Benguet”, (Mankayan


Community Continues to Suffer from Pollution due to Mining) was shown about a
farmer who faced the effects of copper contamination for many years after the collapse
of the tailings storage facility of the Lepanto Consolidated Mining Corporation in
Benguet province that rendered the Mankayan-Abra river system heavily polluted
with copper. Biologist Dr. Virginia Cuevas presented her project on the restoration
of the productivity of rice farms in copper-contaminated paddy fields using compost
amendment in Mankayan town. Her research result was promising in rehabilitating
the agro- and natural ecosystems that were affected by copper contamination from
the mine.

The Conduct of Environmental Investigative Missions (EIM)


Presented by Finesa Cosico, agriculturist and environmentalist of AGHAM

AGHAM has been using Environmental Investigation Missions (EIM) to help


communities acquire a scientific understanding of the environmental issues they
face. EIM in a sense becomes a transformative tool that empowers the community
to more concretely respond to local problems possibly including demanding
accountability of the corporation for the environmental impacts and disasters
they could have caused. She mentioned some of the EIM activities that brought
the communities together. These are the missions to investigate the Philex tailings
storage breach that caused copper pollution in the rivers of Benguet, Citinickel
mining in Palawan, and Oceana Gold in Nueva Vizcaya. Citing the value of EIM
in advocacy work, she shared how the result exposes the weak regulation of the
government in implementing environmental laws and policies. On several occasions,
it was also used by the community to hold dialogues with the local and national
government and the regulatory agencies to raise their issues. However, the EIM has
its own limitation such as the lack of baseline information about the mining areas,
especially since the government does not freely provide data due to memoranda

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mining operations are premised
on the condition that their
activities are not supposed
to release pollutants into the
environment. If so, its shows
incompetence on the side of the
mining company

of confidentiality between the government and mining companies. Budgetary


limitation is also a constraint that limits laboratory analyses of the samples derived
from impact areas. Despite such limitations, the EIM has become a powerful means
of uniting people through scientific analysis and a more objective assessment of the
problem. A big challenge for the EIM is to be able to use the result as substantial
evidence to pursue legal cases against polluting mining companies.

Developing Community-Based Quick Response Capability


for the Rapid Assessment of Mining Pollution
Prof. Ron Watkins emphasized that mining pollution varies in many countries. He
cited an example where he asked a student to get samples from iron and aluminum
mines to check the testing conducted in a commercial laboratory and countercheck
it using his field equipment. It turned out that the test results from the commercial
laboratory were wrong. The key to have an accurate result would be the use of many
instruments such as a spectrometer in the analysis. What happened was the samples
have very high iron and aluminum that diverted the energy of the spectrometer into
ionizing the iron atoms rather than selenium. Hence, it is best to analyze the element
that is important in the study. He also warned researchers to be careful in interpreting
the results. One of the serious problems in mining operation is the AMD. Prof. Watkins
had recommended the measurement of chloride-sulfide ratio in determining AMD.

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In the open forum, one of the questions raised was the impact of cyanide such as the one
being used by the Filminera Resources Corporation in extracting gold. Prof. Watkins
explained that generally, sunlight and oxygen decomposes cyanide. But in some cases,
the lack of exposure to sunlight slows down its decomposition and decreases its
dilution. This has resulted in fish kills in areas with cyanide contamination.

Strategies and Ways Forward


The workshop provided substantial inputs on what would be the ways forward in
strengthening the scientific aspect of making mining companies accountable for their
harmful impacts to the environment and health. The strategies have three main points:
1. Forming strong linkages between scientists and affected communities
There should be a strong linkage among scientists and other stakeholders such as
farmers, fisherfolks, indigenous peoples, and women in order to strengthen local
campaigns against large-scale corporate mining. The role of scientists in helping
communities is crucial to help them understand the biological and physico-
chemical impacts of mining.
A key questions to ask is: What are the potential threats (geochemical and
otherwise) in general? We should match the objective or tools for investigation on
the part of science experts with what stage of mining is actually there on the ground.
Furthermore, there is a need to create a network of scientists who will support
and help unite communities by providing scientific analysis to help them confront
mining companies.

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Photos taken from previous
Environmental Investigation
Missions (EIM) of AGHAM. L: EIM
on the Philex Mine Dam Breach
on 2012; R: EIM on the impacts
of Oceanagold Mining in Didipio,
Nueva Vizcaya.

2. Adopting a science-based approach to understand mining pollution


The science-based approach must be adopted to help the communities develop
scientific skills and knowledge in understanding mining pollution. Scientists
can develop Information, Education and Communication materials, provide
Community Skills Development, and aid them with tools and methods that
will transform them to become a citizen science community who can articulate
their issues and demand that mining corporations be held liable for their
environmental violations. To further this goal, kits can be developed, along with
rapid assessment tools and checklists for citizen scientists.

3. Reviewing the Environmental Impact System regime


A policy review of the Environmental Impact System among countries facing
environmental destruction caused by corporate mining must be initiated. With
the current trend of mining disasters happening worldwide it is timely to subject
the EIS system into public scrutiny if the said policy still adheres to the principle
of protection of the people of the environment.

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Workshop 6
Financing Mining Plunder
and Rights Violations:
Establishing the trail of
mining plunder in the
era of liberalization and
globalization

Organized by:

Ibon Foundation

Pacific Asia Resource Centre (PARC)

Fair Finance Guide - Japan

The workshop started with an introduction on the background and objectives of the
workshop that was facilitated by Ms. Glenis Balangue from Ibon Foundation. The
seventeen (17) participants from nine countries who were in attendance were also
introduced, and their expectations from the workshop shared with the body.

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Mining Development and Finance
Presented by Shigeru Tanaka from Pacific Asia Resource Centre (PARC) and the Fair
Finance Guide - Japan

Case #1: Coral Bay Nickel Corporation (CBNC) in Palawan Philippines


Three case studies were presented to illustrate the financing of mining companies by
different entities. The first is the Coral Bay Nickel Corporation (CNBC) in Palawan,
Philippines. CNBC is the operator of a nickel processing plant built in conjunction
with Rio Tuba Nickel Mine Corporation (RTNMC) that produces 24,000 tons of
nickel and 1,500 tons of cobalt per year. The plant started operations in 2005. It
plans to export high-grade nickel for 20 years, mainly to Japan.

Issues that were reported around this mining project include the obnoxious smell and
other forms of air pollution, the expansion of limestone mining, the life extension of
Rio Tuba Nickel Mines, the lack of free and prior informed consent with indigenous
peoples, and chromium pollution in Togpon River during rainy season. In a water
quality test that was done in the area, they found 0.1 to 0.2 milligrams per liter of
chromium in the water because of mining. During the dry season this doesn’t show,

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and that’s why testers working for mining companies do their water testing at this
time. But during wet season it does show high amounts of chromium.

Who paid for the development of the Rio Tuba nickel mines and the nickel processing
plant? The total construction fee for the operation was $487 million. The original
investors of the CNBC were Sumitomo Metals and Mining (54%), Mitsui Trading
(18%), Sojitz (18%), and RTNMC (10%). The major investors of Sumitomo, who is
the main investor for the CBNC, are Mitsubishi UFJ Banking Group, the Mizuho
Banking Group, and Sumitomo Mitsui Banking Group (SMBC). If you add them all
up, these 3 megabanks are investing large amounts of money in mining projects.

The CNBC was purely privately financed. There was a plan to publicly finance it but
it was trashed because of possible price and profit increases in the future.

Case #2: Taganito Nickel Cobalt Project in Claver, Surigao del Norte
The total cost of this project is estimated at $1.3 billion USD. This is operated by the
Taganito HPAL Nickel Corporation which is a joint venture between Sumitomo Metal
Mining Co. (62.5%), Nickel Asia Corporation (22.5%), and MBAPR Holdings, a local

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subsidiary of Mitsui & Co. (15.0%). Sumitomi and Mitsui is a joint conglomerate.
Sumitomo digs and Mitsui is the buyer of the nickel.

Public finance is also involved in the case. Two branches of official development
assistance (ODA) are given: one through Japan International Cooperation Agency
(JICA) and another through JBIC (Japanese Bank for International Cooperation, an
international finance institution akin to the World Bank based in Japan). They decided
to give $92 million to Sumitomo and $16 million to Mitsui. The rest is private financing.

Case #3: Boggabri Coal Mining Proejct


This project is operated by Idemitsu Australia Resources Pty Ltd. (IAR), which is
100% owned by Idemitsu Kosan Co. Ltd. It has a contract with Chugoku Electric
Power Australia Resources Pty Ltd. (CEPAR), a local subsidiary of one of Japan’s
major power houses. What happens in this project is that CEPAR buys 700,000 tons
of coal from IAR, and earns 10% of profits from IAR.

Public financing is also involved in this project. JBIC covered 70% of financing or
350 million USD of 500 million USD, and most likely private Japanese banks paid
for the rest.

Key points to take from these cases are that:


• Massive amounts of capital are needed in the initial stage of development, but
profit comes in only after many years of development
• Banks ensure the financing of the mining development
• Public banks as well as private banks become involved
• Buyers are also secured in the initial stages of development
• Struggles on the ground must also be connected with the struggles in the
developers’ home countries

In Europe and Japan, affected communities use grievance mechanisms against public
finance institutions. JICA, JBIC, ADB, and the WB all have grievance mechanisms
which can be tapped into by organizations. There are also moves and campaigns to
pressure buyers to source minerals ethically. The Dodd-Frank Act and EU regulations
on conflict minerals are in fact opening up possibilities to pressure corporations
who are not operating in an ethical manner since they are now looking more closely
at their supply chains. You can also pressure banks to refrain from “Dodgy Deals”.

The Fair Finance Guide is a network of NGOs that PARC is part of that looks at bank
policies and rates them according to 13 themes/sectors. To do this they conduct case
studies to find discrepancies between them.

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Fair Finance Guide Japan has a website with a score card showing how banks are
faring in terms of what banks are claiming and what they actually are doing. This is a
way of telling bank clients to notice what the banks are doing. There is also an action
form - like a thumb down and thumb up mark – where users can send their messages
to the banks. There are currently 7 countries involved in the Fair Finance Guide,
including Indonesia, Belgium, Netherlands, Sweden and Japan. There are moves to
expand this especially to the UK, Canada, and US

Financing Mining Plunder and Rights Violations: A Footnote


Presented by Jose Enrique Africa, Executive Director of Ibon Foundation in the Philippines

Research into mining finance is something that can be productive but it is difficult
to get info on mining firms in the Philippines. In the country, there are a number of
listed firms but it is difficult to find actual ownership. So research is done 60% of the
time through field work because of these difficulties and barriers. The trail starts in
the communities.

We’ve been in an era of neo liberal globalization since the 1980s. Since 1985 to 1995
all the countries have liberalized mining laws. It’s nice to look at the role of the World
Bank in that. Almost half of all UN members had their mining laws changed to be
liberalized. In 1990-2001 about 90 billion USD of additional investment mainly in
mining is driven by the liberalization of mining laws. Aside from mining investment
leading to displacement and to human rights violations, there is also the plunder of
national resources that is happening in host countries.

Plunder is the taking of natural resources that impact national development and
industrialization. We should sketch a framework to assess the plunder of national
patrimony – which translates to the loss of resources for national development.

The first trail leading off the mining firm is the trail of profit. Mining profits
are distributed as equity, debt, or others. Mining firms and investors gain from
resource exploitation and the undervaluation of minerals. The two most important
mechanisms developed in terms of plunder and profit is royalty financing, or the
lending of money in exchange for royalty to hold for a certain amount of time.
Payment is in the form of royalties on actual resource. Another is streaming
financing, wherein for the whole life of a mining project you get a fixed percentage.

If companies get profits, what do communities get? This is where the second path
of our trail should go. And this essentially leads us to human rights violations and
adverse impacts on the environment, people’s livelihoods, and health. World Bank
has already done work on how to place a cost on the environment so that mining

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...plunder is not just on
the part of companies.
Politicians and political
institutions can be guilty
of this too

firms can pay for what they pollute. They’ve convinced a lot of CSOs to support that
and that is why we need to look at bigger picture. When you do environmental impact
assessments, you come up with rough estimates of environmental damage. It’s a
problem to narrowly view this as just the pricing of resources and the government
gets that payment. It’s deceptive because it doesn’t capture what happens on the
ground. Human rights violations and effects on livelihood, etc. can’t be quantified.

But an important part of the plunder picture is to go beyond looking at the digger
and the buyer. We need to look at government revenue at the national and local level
(government getting a cut out of exploitation). Part of profits go to the owner and the
buyers, and part goes to government. Some people think that this is balanced, not
realizing governments can also be greedy and corporate. Governments, especially
in less developed host countries, they are promoting the interests of these foreign
mining firms over national development. Another point to consider, and was raised
in the open forum, is that plunder is not just on the part of companies. Politicians
and political institutions can be guilty of this too. Politicians need lots of money in
order to mount an electoral campaign and win in elections.

The trail of plunder should be expanded a bit more to the industrial use of minerals
and corporations benefiting from this. Mining minerals are an important part of
any functioning economy. Companies are not just focused on making money from
mining, but using that money to strengthen political might and leverage – through
free trade agreements crafted with governments, for example.

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This is where the fourth path,mineral processing, comes in.This points to where
minerals are used in terms of mining inputs and industrial uses. In this case
advanced industrial economies gain amid an overall economic offensive for overall
industrialization in their countries. They have the backward linkages (mining
machinery, etc), the forward linkages (manufacturing), and the horizontal linkages
(transport resources). The host countries where they get the minerals don’t have all
these industries.

So gains from mining go beyond profits of mining firms. And we can calculate losses
also in terms of how the resources could have been used for national development.
The gain of Japan, France, US is at the expense of the future development of other
countries. The ultimate beneficiaries of those extracted minerals are not just mining
companies, but those that are using the minerals. This is why Japan and the USA are
pushing so hard on TPPA because they will benefit.

Metals and mineral processing has a quantitatively small share of the economy
but is qualitatively significant across industrial, agricultural & service sectors. In a
huge industrial economy, mining is very small. The technology has been developed
and you need a little copper in your steel for this and a little for that, etc. However
the fact remains that there is no substitute for key minerals in a whole range of
production processes. Machinery is dependent on steel, bearings etc.

The basic point to consider in establishing a trail of mining plunder is to consider


these four pathways as a whole. We should see it in the context of national
economies and national development. And only by capturing exactly what plunder
is will we be able to focus and locate our campaigns. For example, what kind of
mining law do we want from our government? Are the states for mining interests?
Are they responsible and handle our resources in a way that promotes national
development?

We need responsible intervention by a democratic state, especially after three


decades of globalization policies. Globalization has changed things. It’s a good time
to challenge the hegemony of neoliberalism. It’s good if it’s a social wide struggle to
challenge this.

On a more practical side, how do we get information? There are a couple of websites
where we could start, like investigativedashboard.com, opencorporates.com,
businessweek.com, Bloomberg, offshoreleaks.icij.org, sedar.com, taxjustice.net,
etc. The Securities and Exchange Commission and local stock exchanges are also a
source of information.

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Sharing of Lessons Learned from Campaigns
The workshop participants shared the challenges and lessons they have learned in
terms of mining finance in their campaigns in their countries and their communities.

In general, the following gaps were identified:

Information and Resource Gaps


1) Lack of information on investors/financiers of mining projects
2) Lack of information on the mining companies
3) Lack of information on the market for metals; supply chains
4) Lack of information on the funding partners that promote mining projects/
interests (ie. NGOs, etc.)
5) Lack of information on financial institutions behind mining projects
6) Lack of information on politicians and political institutions backing mining projects
7) Need information on vulnerabilities of mining companies – knowing what you’re
up against, etc.

Advocacy and Campaign Gaps


1) How to influence government/government policies
2) How to make communities understand the financing aspect of mining projects
3) How to make mining companies accountable
4) How to use financing pressure
5) How to develop a support network of solidarity among countries, organizations,
networks of mine workers against mining companies
6) How to demand high responsibility for development loans from government agencies
7) How to make other actors accountable (secondary targets like investors in mining
projects such as churches and universities)
8) How to mobilize people around divestment campaigns
9. How to overcome limitations in transparency campaigns
10. How to conduct campaigns around profit vulnerabilities of mining companies

And the following possible intersection points were enumerated:


1) Information/resource sharing
2) Create a mechanism for networking between developing countries with mining
issues, vis a vis affected communities, with first world countries and vice versa.
Refer someone at the minimum. Create a group or exchange contact details,
information needed.
3) Creating platforms for an action plan revolving around, for example, a UN
Oversight Body, inviting a UN special rapporteur on oil, gas, and mining;
divestment campaigns, People’s Tribunal (adhoc) on Mining using legal and
judicial standards of procedure.

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The four trails of mining plunder

Workshop Statement and Resolutions


Given our collective understanding of the true costs of mining plunder and the
lost opportunities for social, cultural and economic development, we commit to
providing resources and forming an active network of people who can assist in doing
research on the corporate and financial aspects of mining activities, including their
adverse political and social influences. For this purpose, we will also support the
development of global mechanisms that communities and activists can use to hold
governments and corporations accountable.

Our proposed specific resolutions are the following:


1. Facilitating and conducting an information exchange among networks/
organizations on mining corporations based in developing countries
2. Maximizing the legislative framework to influence legislation and other
government agencies
3. Establish a UN body to regulate bank financing of mining companies and projects
4. Targeting key information on the vulnerability of mining companies and through
that having a convincing story that will affect the financing of mining projects

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Ways
Forward

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Ways
Forward:
Specific
Actions and
Strategies

Based on the resolutions and recommended plans of actions of the different thematic
workshop groups, we shall aspire to:

Conduct campaigns
• against mining and climate change, human rights violations against environmental
activists, and against the devastation brought about by particular mining TNCs;
• to challenge the myth that mining brings development, and for the recognitions
of the unsustainable nature of mining plunder within the Post-2015 development
agenda;
• to expose the destructive nature of mining, by documenting the stories of the
struggles of affected communities, undertaking exposures to mining-affected
communities, working with the media, and conducting representations to
parliamentarians and other influence makers so that the testimonies of affected
communities can be heard;
• by establishing a quick response initiative to provide real time information to
support campaigns and defend communities;
• by designating a specific day for globally coordinated action against mining plunder;
• through pursuing legal suits and actions across domestic, regional and
international jurisdictions to stop industrial mining plunder and to extract

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accountability from corporations and governments that allow these. To maximize
various UN mechanisms, invoking the jurisdiction of the Rome statute, regional
forums (like the European Court on Human Rights, Inter-American Commission
on Human Rights, the African Commission on Peoples and Human Rights, the
African Court on Human and People's Rights, and the European Court of Justice),
the Human Rights Committee, the UN Guiding Principles on Business and Human
Rights, the Committee on the Elimination of All Forms of Racial Discrimination,
the Special Rapporteurs (on Indigenous Peoples, Cultural Rights, Effects of
Economic Reform Policies and Foreign Debt on Human Rights, Environment,
Human Rights Defenders, Violence Against Women, Transnational Corporations
and Other Business Enterprises); and to conduct an International Tribunal on
the Crimes of Transnational Mining Companies;
• through filing charges against mining companies and their local collaborators
including banks, governments and local officials;
• by bringing the stories of affected communities to the attention of the UN
including the Special Procedures, and campaign for the UN to establish a Special
Rapporteur on the Effects of Extractive Industries;
• by coordinating international cases and maximizing international opinion
tribunals; through pushing for limited recognition of legal personality of business
entities to be sued and be held legally accountable under international law and
pursue universal jurisdictions to enforced criminal negligence, tort, malfeasance,
etc. committed by transnational mining companies and their local counterparts;
• for the repeal of laws and revocation of policies that allow the liberalization of
large-scale destructive mining, for the enactment and enforcement of positive
laws that promote and protect the rights of the people and the development of
alternative mining policies towards, and for an international legal framework
that can govern mining;
• for the adoption by the UN of an international legal and policy framework that
promotes and protects the rights of people and the environment (similar to the
Writ of Kalikasan in the Philippines);
• by strengthening resistance to trade agreements (i.e. Trans Pacific Partnership
Agreement, TTIP, World Trade Organization and investor-state agreements)
that further violate the rights of the people and the sovereignty of nations in
opposing the entry of extractive industries in their communities and countries;
• to ensure the recognition, protection and respect for the rights of indigenous
peoples, as distinct people with collective rights particular to their land, territories
and self-determination;
• to expose gender based violence as women actively assert leadership roles in
resisting the entry of extractive industries in their communities and countries
and in opposing trade agreements that further violate the rights of women,
indigenous peoples, and mining effected communities.

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• against specific mining TNCs, such as Adani, Glencore, BHP Billiton, Rio Tinto,
Revanta, and OceanaGold;
• on the aspect of mining finance, which includes a push for greater transparency
on mining projects and operations, their investors, financiers, funding partners,
political backers, mineral supply chains and markets; to pressure government
agencies offering development loans for mining projects, investors in mining
such as banks, churches and universities; and to establish a UN body to regulate
bank financing of mining companies and projects;
• in solidarity with women human rights defenders and leaders, such as global days of
action on October 15 (International Rural Women’s Day), November 25–December
10 (16 Days to End Violence Against Women), March 8 (International Women’s
Day), April 22 (Earth Day), August 9 (International Indigenous People’s Day)

Engage in Research
• such as on the health, ecosystem and biodiversity impacts of mining, the impacts
of national mining policies, the corporate and financial aspects of mining
activities, and the engagement of emerging economies in international mining;
• by creating an International Center for Legal Research Against Destructive
Mining to study and analyze domestic and international legal frameworks on
mining;
• by conducting policy reviews of the Environmental Impact System to determine
the compliance of mining corporations;
• by forming a global network of scientists and experts in support of mining
communities that will help strengthen science-based tools and methods that can
be adapted at the local level to monitor the environmental and health impacts of
mining;

Build our Capacity through


• networking and to forge solidarity among women’s movements, lawyers,
ecumenical organizations, labor unions, scientists, human rights defenders and
people’s movements in resistance to mining;
• developing new campaigners and leaders and supporting the strengthening of
the capacity of communities to struggle against the incursion of mining interests;
• educating, developing, training and protecting human rights lawyers and those
engaged in defending the rights of the people, including the right to resist mining
incursions;
• organizing an international conference for human rights lawyers and defenders
engaged with communities resisting mining;
• holding a conference of mining affected communities.

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The
International
Coordinating
Mechanism

In furtherance of these goals, an International Coordinating Mechanism (ICM)


was established to facilitate the coordination and collaboration of international
campaigns or actions to address the impacts of mining liberalization around the
world. Its members, who were elected by each regional group, are:

Asia Hendrik Siregar, Enteng Bautista


Canada Connie Sorio, Catherine Coumans
South America Gloria Chicaiza

Central America Antonia Ayala

South Asia Ashok Shrimali, Bhanu Kalluri


Europe Andy Whitmore, Hannibal Rhoades
Africa Christopher Rutledge, Daniel Faabelangne
Oceania David Crotty, Patrick Lombaia

The ICM will be supported by an international secretariat which will be


constituted by the organizers of the IPCM.

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Solidarity
Greetings

Senator Loren Legarda


Senator, 16th Congress of the Republic of the Philippines
Chairperson, Senate Committee on Environment and Natural Resources
Chairperson, Senate Committee on Climate Change
Chairperson, Senate Committee on Cultural Communities
Philippines

I extend my warmest greetings to all the people behind the 2015


International People’s Conference on Mining.

I laud and support your commitment to ensure the sustainability


of our planet. In line with this, I wish to stress inter-generational
responsibility—the responsibility of every generation to ensure that
succeeding generations will continue to enjoy a balanced and healthful
ecology.

If we are to be faithful to our duty as stewards of the earth, we need to


reconcile economic development with the protection of the environment.

I also wish to highlight another urgent concern – the mining activities’


propensity to exacerbate the impacts on climate change, which could
mean economic losses, social dislocation, increased poverty, and adverse
mine legacies.

The design of mining infrastructure based on weather information


prior to the projections of climate change may cause disasters of greater

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magnitude when extreme weather events occur. Meanwhile, intense
rainfall could trigger massive erosion especially in areas already prone to
landslides. We already have related tragic experiences that we do not wish
to happen again.

Every decision we will make, especially by the government, is crucial, it


can either build better lives for our people and contribute to national
development or cause the destruction of the communities, our
environment, and the very lives the State aims to protect.

We must all work together for a sustainable, resilient, and healthy planet.

Again, congratulations and I wish for a fruitful and successful outcome


of this event.

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Solidarity
Greetings

International League of Peoples’


Struggles – Philippines Chapter

Resist mining aggression for systems change!

The Philippines Chapter of the International League of Peoples' Struggle


(ILPS) expresses its warmest solidarity with the International Peoples
Conference on Mining (IPCM) this July 30-August 1, 2015 as it is hosted
in the country.

We welcome the international mining activists together with Filipino


environmentalists and scientists in your collective resistance against
mining transnational corporations, imperialist globalization and
repressive state reaction.

This conference is an occasion to share experiences and learn from each


other in our peoples' common struggle against imperialist plunder,
exploitation and oppression.

It is auspicious that your conference is being held in the Philippines.


The Aquino regime has allowed liberalized mining to ravage the land,
displace mining communities and unleash the most brutal military
attacks including the killings of indigenous leaders and militarization of
children's schools.

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The International Peoples' Tribunal (IPT) held this July in Washington,
DC found the US and Aquino governments guilty of crimes against
humanity and war crimes.

This is attested by your Learning Solidarity Mission (LSM) in mining


communities in the Philippines as witnessed no less by mining activists
from Canada, United Kingdom, Japan, Australia, Belgium, Zambia,
Kenya, Ghana, Papua New Guinea, Ecuador, and others.

We hope that your conference resolutely confront large-scale mining


corporations as we fight back against the rule of monopoly capital and
client states. Resisting mining aggression calls for systems change as we
assert our people's sovereignty over resources.

We look forward to greater mutual cooperation and support from our


peoples as we fight imperialism and local reaction.

Long Live the IPCM!


Long live international solidarity!

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Conference
Programme Highlighting People’s Lives and
Struggles in Defense of Rights, the

International Environmentand a Common Future

People’s Conference July 30 to August 1, 2015


Hive Hotel and Convention Place,

on Mining 2015 Quezon City, Philippines

July 30, 2015


Moderators:
Ariane Collin
Canadian Catholic Organization for Development and Peace
Canada

Giovanni Tapang, PhD


AGHAM Advocates of Science and Technology for the People
Philippines

8:30 – 8:40 AM Opening Ceremony


ARTISTS Inc.

Opening Prayer
Bishop Deogracias S. Iňiguez, Jr., D.D.
Bishop-Emeritus of Roman Catholic Diocese of Kalookan and Co-chair of the Ecumenical
Bishops Forum
Philippines

8:40 – 8:45 AM Welcome Address


Archbishop Ramon C. Arguelles, D.D.
Archbishop of the Roman Catholic Archdiocese of Lipa
Philippines

8:45 – 8:50 AM Conference Overview and Introductions

8:50 – 9:15 AM Keynote Address: Our Struggle for the Defense of Rights,
the Environmentand a Common Future
Selçuk Kozağaçlı
Chairperson, Çağdaş Hukukçular Derneği (Progressive Lawyers Association)
Turkey

9:15 – 9:35 AM Keynote Address: Neo-liberal Globalization and Mining


Dr. Carol P. Araullo
Chairperson, Bagong Alyansang Makabayan (New Patriotic Alliance)
Philippines

9:35 – 9:55 AM Global and Regional Trends in Mining Investments


Andy Whitmore
Co-Chair, London Mining Network
United Kingdom

9:55 – 10:05 AM Towards Environmental Justice Success in Mining Resistances


Beatriz Rodriguez-Labajos
Researcher, Environmental Justice Organizations, Liabilities and Trade
Spain

10:05 – 10:15 AM COFFEE BREAK / MORNING SNACK

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198
10:15 – 10:20 AM Cultural Number
ARTISTS Inc.

10:20 – 11:35 AM Regional and Local Mining Situationers


Asia
Hendro Sangkoyo
Co-founder, School of Democratic Economics
Indonesia

West Pacific
Patrick Yepe Lombaia
Director, Papua New Guinea Mining Watch Group Association Inc.
Papua New Guinea

Latin America
Gloria Chicaiza
Mining Area Coordinator, Accion Ecologica
Ecuador

Africa
Gabriel Sheanopa Manyangadze
Director, Zimbabwe Council of Churches
Zimbabwe

North America
Meeka Otway
Executive Board Member, Pauktuutit Inuit Women
Canada

11:35 – 12:15 NN Open Forum

12:15 – 1:45 PM LUNCH BREAK

1:45 – 1:50 PM Cultural Number


ARTISTS Inc.

1:50 – 2:00 PM Orientation to the Simultaneous Workshop Sessions

2:00 – 5:00 PM Simultaneous Workshop Sessions

5:00 – 6:00 PM Mining Pollutants: Risks That Communities Face


Prof. Ron Watkins
Director, Environmental Inorganic Geochemistry Group
Australia

6:00 – 7:30 PM DINNER

7:30 – 9:30 PM Solidarity Night


Hosted by ARTISTS Inc.

July 31, 2015


Moderators:
Piya Macliing Malayao
KATRIBU (Alliance of Indigenous Peoples Organizations in the Philippines)
Philippines

Shigeru Tanaka
Pacific Asia Resource Centre
Japan

8:45 – 8:55 AM Opening Cultural Number


Sining Bugkos

8:55 – 9:00 AM Opening Remarks and Recap

9:00 – 9:20 AM Day 2 Keynote: Unravelling Global Corporate Mining Today:


Challenges to Mining Campaigners
Catherine Coumans
Asia Pacific Program Coordinator, Mining Watch Canada
Canada

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199
9:20 – 10:00 AM Sharing of Stories from Participants of the Learning and Solidarity
Missions to Mankayan, Benguet and Nueva Vizcaya

10:00 – 10:30 AM COFFEE BREAK / MORNING SNACK

10:30 – 12:00 NN Simultaneous Campaign Strategizing Workshops

12:00 – 2:00 PM LUNCH

2:00 – 5:00 PM Plenary Reporting of Workshop Groups

5:00 – 6:00 PM Mining and Conflict: Mindanao Mining Situationer


Sr. Stella Matutina, OSB
Secretary General, Panalipdan Mindanao
Philippines

Connie Sorio
Ecological Justice Partnership Coordinator, Kairos Canada
Canada

6:00 – 6:15 PM Day 2 Closing Cultural Number


Sining Bugkos

August 1, 2015
Moderators:
Frances Quimpo
Center for Environmental Concerns
Philippines

Ki Bagus Hadi KusumaJ


JTAM Mining Advocacy Network
Indonesia

8:50 – 8:55 AM Opening Cultural Number


People’s Chorale

8:55 – 9:00 AM Opening Remarks and Recap

9:00 – 9:10 AM Synthesis of the Workshop Reports


Connie Sorio
Ecological Justice Partnership Coordinator, Kairos Canada
Canada

9:10 – 9:40 AM Breakout Workshops: Regional Proposals for a Global Campaign Mechanism

9:40 – 10:10 AM Coordinating Efforts for a Global Campaign Mechanism


Clemente Bautista
National Coordinator, Kalikasan People’s Network for the Environment
Philippines

10:10 – 11:45 AM Presentation of and Plenary Deliberation on the Conference Unity Statement
Facilitators:
Graciela Romero
War on Want
United Kingdom

Atty. Madonna Escio


National Union of Peoples Lawyers
Philippines

11:45 – 12:00 NN Closing Remarks


Fr. Rex RB Reyes, Jr.
General Secretary, National Council of Churches in the Philippines
Convener, Ecumenical Voice for Human Rights and Peace in the Philippines
Philippines

12:00 – 12:15 NN Closing Ceremony and Symbolic Action


Sining Bugkos

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200
List of
Conference
Participants

Conference Participants
Rommel Abellar Campaign for Human Rights in the Philippines United Kingdom
Hazel Lynn Acierto Karapatan Philippines
Jocelyn Agdahan Madagway Babaeyon Regional Alliance of Indigenous Philippines
Women
Pepe Aguilar Stewards of Creation Philippines
Mama Aleta Baun Pokja Organisasi A’Taimamus Indonesia
Aldev Ambida Ecumenical Bishops Forum Philippines
Adeline Angeles Marinduque Council for Environmental Concerns Philippines
Sr. Francis B. Añover Rural Missionaries of the Philippines Philippines
Dr. Carol P. Araullo Bagong Alyansang Makabayan Philippines
Kimberly Jane V. Arceo Minggan – University of the Philippines Philippines
Alix Maria Lopez Ardila Movimiento Nacional de Víctimas de Coporaciones Colombia
Multinacionales
Ramon Arguelles Archdiocese of Lipa Philippines
Maria Antonia Recinos Radio Victoria / Asociación de Desarrollo Económico El Salvador
Ayala Social Santa Marta
Rodrigo Bacus National Union of Peoples’ Lawyers Philippines
Ki Bagus Jaringan Advokasi Tambang Indonesia
Glenis Balangue Ibon Foundation Philippines
Elle Balgos Minggan – University of the Philippines Philippines
Atty. Edu Balgos National Union of Peoples’ Lawyers Philippines
Rina Balgos National Union of Peoples’ Lawyers Philippines
Nonong Barranco Katribu - National Alliance of Indigenous Peoples Philippines
Organizations in the Philippines
Inmaculada Barcia Association for Women’s Rights in Development Spain
Ed Bartolome DWRV / Alyansa ng Nagkakaisang Vizcayanos para sa Philippines
Kalikasan
Tina Bati-el Moyaen Save Apayao People’s Organization Philippines
Rita Baua Bagong Alyansang Makabayan Philippines
Anie Bautista Ecumenical Voice for Human Rights and Peace in the Philippines
Philippines

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Enteng Bautista Kalikasan People’s Network for the Environment Philippines
Tyrone Edward Beyer Philippine Task Force for Indigenous Peoples’ Rights Philippines
Gill Boehringer Action For Peace and Development in the Philippines Australia
Elmer Bolocon Ecumenical Bishops Forum Philippines
Yorm Bopha Cambodia
Rowena Boquiren Center for Environmental Concerns Philippines
Leah Borromeo Disobedient Films United Kingdom
Marc Botenga Third World Health Aid Belgium
Benjamin Cajegas, Jr. Tabang sa mga Biktima sa Masbate Philippines
Susan Camania Ecumenical Voice for Human Rights and Peace in the Philippines
Philippines
Fr. Delfo Canceran Order of Preachers Philippines
Joseph Canlas Alyansa ng Magbubukid sa Gitnang Luson Philippines
Emma Cantor United Methodist Women Philippines
Jojo Carabeo Health Alliance for Democracy Philippines
Rey Casambre Philippine Peace Center Philippines
Michael Cedric Casano Kabataan Partylist - Cagayan Valley Philippines
Teddy Casino Bagong Alyansang Makabayan Philippines
Danica Castillo Pesticide Action Network -Asia Pacific Philippines
Estrella Catarata Philippine Network of Food Security Programs Philippines
Gerifel Cerillo Tanggol Bayi Philippines
Bablu Chakma Kapaeeng Foundation Bangladesh
Gloria Chicaiza Acción Ecológica/ Red Latinoamericana de Mujeres Ecuador
Ariane Collin Canadian Catholic Organization for Development and Canada
Peace
Rep. Neri Colmenares Bayan Muna Partylist Philippines
Olga Corales Health Empowerment and Action in Leyte and Samar Philippines
Analisa Cortez United Methodist Church-Asuncion A. Perez Memorial Philippines
Center, Inc.
Catherine Coumans Mining Watch Canada Canada
David Crotty Action For Peace and Development in the Philippines Australia
Dr. Virginia Cuevas Institute of Biological Sciences, University of the Philippines
Philippines – Los Baños
Sr. Emma Teresita Justice, Peace and the Integrity of Creation - Missionary Philippines
Cupin Sisters of Mary
Jonel Dalimag Congregatio Immaculati Cordis Mariae Philippines
Francisco Dangla II Bagong Alyansang Makabayan – Central Luzon Philippines
Tanya Lee Roberts Canada
Davis
Sherwin De Vera Ilocos Network for the Environment Philippines
Atty. Edwin Dela Cruz National Union of Peoples’ Lawyers Philippines
Marjorie Delos Angeles Institute of Biological Sciences, University of the Philippines
Philippines – Los Baños
June Detayson International Indigenous Peoples Movement for Self Philippines
Determination and Liberation
Vicente Dilem Kilusang Mayong Uno – Cordillera Philippines
Josephine Dongail Center for Environmental Concerns Philippines
Milan Kumar Ekka Jan Sanghars Samiti, Jashpur /Adivasi Mahila Maha Sang India
Ruth Elio Health Empowerment and Action in Leyte and Samar Philippines

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Peti Enriquez Bukluran para sa Inang Kalikasan Philippines
Maddona Escio National Union of Peoples’ Lawyers (NATIONAL UNION Philippines
OF PEOPLES’ LAWYERS)
Daniel Banuoku Center for Indigenous Knowledge and Organizational Ghana
Faabelangne Development
Herbert Fadriquela Jr. Filipino Chaplaincy - United Kingdom United Kingdom
Geetha Lakmini National Fisheries Solidarity Movement Sri Lanka
Fernando
Ana Katrina Flores Student Christian Movement of the Philippines Philippines
Tonying Flores Kilusing Magbubukid ng Pilipinas Philippines
Daniela Fonkatz Association For Women’s Rights In Development Argentina
Pat Fox Notre Dame de Sion Philippines
Jaybee Garganera Alyansa Tigil Mina Philippines
Kim Gargar Francis S. Morales Resource Center Philippines
Prabuddhika Gayanthi National Fisheries Solidarity Movement Sri Lanka
Mimay Geronimo Karapatan Philippines
Tracy Glynn St. Thomas University Canada
Robie Halip Asia Indigenous Peoples Pact Thailand
Mau Hemoterio Kilusang Magbubukid ng Pilipinas Philippines
Rachel Herrera Office of Sen. Loren Legarda Philippines
Fernando Hicap Anakpawis Partylist Philippines
Andrew Hickman London Mining Network - Down to Earth UK
Luz Ilagan Gabriela Womens Party Philippines
Deogracias Iniguez Diocese of Caloocan Philippines
Andi Jaya Jaringan Advokasi Tambang Indonesia
Boyette Jurcales Bagong Alyansang Makabayan Philippines
Bhanumanthi Kalluri Dhaatri Resource Centre India
Eunji Kang Korean House for International Solidarity Korea
Decha E-Sarn Human Rights and Peace Center Thailand
Khambaomueang
Long Kimheang Cambodia
Bahar Kimyongür Çağdaş Hukukçular Derneği Turkey
Selcuk Kocagakli Çağdaş Hukukçular Derneği Turkey
Elmer Labog Kilusang Mayo Uno Philippines
Adam Lacson Council for Health and Development Philippines
Alvin Gene Lacson Defend Patrimony South Philippines
Vicente Ladlad Bayan Muna Partylist Philippines
Cristina Lantao SABOKAHAN Confederation of Lumad Women in Philippines
Southern Mindanao
Rolando M. Larracas LGU of Boac, Marinduque Philippines
Ryan Larriba Sockkskargends Agenda Philippines
Gadir Lavadenz Bolivia
Charmaine Lim Migrante Western Australia Australia
Mia Liquigan Karapatan Cagayan Valley Philippines
Patrick Yepe Lombaia Papua New Guinea Mining Watch Group Association Inc Papua New
Guinea
Beverly Longid Asia Indigenous Peoples Network on Extractive Industries Philippines
and Energy / International Indigenous Peoples Movement
for Self Determination and Liberation

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Marvin Magdajo AnakpawisPartylist Philippines
Ony Mahardika Wahana Lingkungan Hidup Indonesia – Jawa Timur Indonesia
Siti Maimunah Indonesia
Supaporn Malailoy Enlawthai Foundation (EnLAW) Thailand
Pya Malayao Katribu - National Alliance of Indigenous Peoples Philippines
Organizations in the Philippines
Veronica Malecdan Innabuyog Philippines
Sylvia Mallari Kilusang Magbubukid ng Pilipinas / Asia Peasant Philippines
Coalition
Boyan Mallary Action for Peace and Development in the Philippines Australia
Ren Manalo Kalas Mina Mindoro Philippines
Fernando Mangili Amianan Salakniban Philippines
Gabriel Shelinopa Zimbabwe Council of Churches / Economic Justice Zimbabwe
Manyangadze Network
Kyasingmong Marma Asia Indigenous Peoples Pact Bangladesh
Sr. Stella Matutina, Panalipdan Mindanao Philippines
OSB
Jomer Maunio Student Christian Movement of the Philippines Philippines
Liza Maza International Womens Alliance Philippines
Marites Medenilla UNISON Ipswich Hospital Branch UK
Wilmar Fernando Executive Secretary of Organization Ecuador
Mejia
Jennifer Meneses Board of Women’s Work-United Methodist Church Philippines
Julie Mero Center for Development Programs in the Cordillera Philippines
Santos Mero Cordillera People’s Alliance Philippines
Agnes Mesina SAVE the Valley, Serve the People (SAVECagayan Valley) Philippines
Felix Mogado Federation of Environmental Advocates in Cagayan Philippines
Victor Morillo Philippine Misereor Partnership Incorporated Philippines
Fr. Claude Mostowik, Action For Peace and Development in the Philippines Australia
Msc
Mtwalo Msoni Caritas Zambia Zambia
Mark Muller London Mining Network United Kingdom
Mwikamba Mwambi Natural Resources Alliance of Kenya Kenya
Anwar Demaris Persekutuan Diakonia Pelangi Kasih Indonesia
Nababan
Norhayati AMAN Indonesia - The Indigenous Peoples’ Alliance of Indonesia
the Archipelago
Fr. Reinhard Nuena Protect Westmin Philippines
Carmina Obanil 11.11.11 Philippines
Atty. Edre Olalia NATIONAL UNION OF PEOPLES’ LAWYERS Philippines
Min Zar Ni Oo Mon Youth Forum Myanmar
Meeka Otway Pauktuutit - Canadian National Inuit Women’s Canada
Association
Josephine Pagalan Kasalo Caraga Philippines
Maricris Pagaran Alternative Learning Center for Agricultural and Philippines
Livelihood Development
Cristina Palabay Karapatan Philippines
Raymond Palatino Bayan Metro Manila Philippines
Robert Pascua Cagayan Valley Disaster Response Center Philippines

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Athena Peralta World Council of Churches Philippines
Dr. Teresita Perez Center for Environmental Concerns Philippines
Jess Phillimore Gaia Foundation UK
Sor. Rattanamanee Community Resource Centre Thailand
Polkla
Natalie Pulvinar Bayan Muna Partylist Philippines
Miles Quero Kilusang Mayo Uno Philippines
Ces Quimpo Center for Environmental Concerns Philippines
Fernando Ramirez Foundation for the Philippine Environment Philippines
Michael Reckordt PowerShift Germany
Dr. Emelina Regis Institute for Environmental Conservation and Research – Philippines
Ateneo de Naga University
Mel Regis Ateneo de Naga University Philippines
Sarojeni Rengam Pesticide Action Network – Asia Pacific Malaysia
Renato Reyes Bagong Alyansang Makabayan Philippines
Hannibal Arthur Gaia Foundation UK
Rhoades
Merlita Rodolfo Protect Westmin Philippines
Katharine Round Disobedient Films United Kingdom
Christopher Rutledge ActionAid South Africa South Africa
Nardy Sabino Promotion of Church People’s Response Philippines
Grace Saguinsin National Union of Peoples’ Lawyers Philippines
Ramo Salvador Kilusang Magbubukd ng Pilipinas Philippines
Emerito Samarca Alternative Learning Center for Agricultural and Philippines
Livelihood Development
Hendro Sangkoyo School of Democratic Economics Indonesia
Hans Schaap Solidagro Belgium
Cerry Serrato Rural Missionaries of the Philippines Philippines
Alfonso Shog-oy Alyansa ng Nagkakaisang Vizcayanos para sa Kalikasan Philippines
Ashok Bipinbhai Mines mineral & people India
Shrimali
Emmanuel Silvosa Caraga Watch Philippines
Roland Simbulan Center for People Empowerment in Governance Philippines
Prashant Singh Community Resource Centre (CRC) Thailand
Hendrik Siregar Jernigan Advokasi Tambang Indonesia
Cristeta Sison Move Now Philippines
Jane Siwa Center for Trade Union and Human Rights Philippines
Phairin Sohsai Mekong Community Institution Thailand
Napaporn Songprang Center for Protection and Revival of Local Community Thailand
Rights
Zen Soriano Amihan National Federation of Peasant Women Philippines
Connie Sorio Kairos Canada Canada
Jon Sto. Domingo Pamalakaya Philippines
Simon Suban Tukan Jernigan Advokasi Tambang Indonesia
Pipi Supeni BPAN Indonesia - The Archipelago Indigenous Youth Indonesia
Front
Jull Takaliuang Jernigan Advokasi Tambang Indonesia
Genevieve Talbot Canadian Catholic Organization for Development and Canada
Peace

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Suttikiat Tammadul Center for Protection and Revival of Local Community Thailand
Rights
Umbu Wulang Justice, Peace and Integrity of Creation SVD-Vivat Indonesia
Tanaamahu Paranggi Internasional
Shigeru Tanaka Pacific Asia Resource Center Japan
Witoowat Thongbu Campaign for Public Policy on Mineral Resources Thailand
Francisca Tolentino Bai Network of Indigenous Women Philippines
Cesar Tolosa Kilusang Magbubukid ng Pilipinas Philippines
Shinsuke Uno Sloth Club Japan
Eulali Utrera Advocates for Community Health Philippines
Leo Valle Action Solidarité Tiers Monde Philippines
Delphine Van Third World Health Aid (TWHA) Belgium
Belleghem
Kris Vanslambrouck 11.11.11 Belgium
Graciela Romero War on Want UK
Vasquez
Aida Vidal Canadian Catholic Organization for Development and Philippines
Peace
Prof. Ron Watkins Environmental Inorganic Geochemistry Group at Curtin Australia
University
Andrew Whitmore Indigenous Peoples Links/ London Mining Network / UK
Mines and Communities
Babielyn Yaranon Amianan Salakniban Philippines
Vernie Yocogan-Diano Cordillera Women’s Education Action Research Center Philippines
Rep. Carlos Zarate Bayan Muna Partylist Philippines

Conference Secretariat and Staff


Ana Celestial AGHAM- Advocates of Science and Technology for the People
Loi Manalansan Kalikasan People’s Network for the Environment
Miguel Aljibe AGHAM- Advocates of Science and Technology for the People
Joanne Almodal Kalikasan People’s Network for the Environment
JM Ayuste AGHAM- Advocates of Science and Technology for the People
Rick Bahague Computer Professionals Union
Jeff Balistoy Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Baby Baylosis Center for Environmental Concerns
Anleth Berol Center for Environmental Concerns
Rhea Candog Center for Environmental Concerns
Agong Capus Stewards of Creation
Anna Carino Promotion of Church People’s Response
Princess Castillo Center for Environmental Concerns
Feny Cosico AGHAM- Advocates of Science and Technology for the People
Ryan Damaso Center for Environmental Concerns
Oscar Devela Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Norma Dollaga Promotion of Church People’s Response
Leon Dulce Kalikasan People’s Network for the Environment
Ronald Garcia AGHAM- Advocates of Science and Technology for the People

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Edmar Gaton Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Edward Gonzales Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Alfie Haban Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Maria Ilag-Ilag Center for Environmental Concerns
Noel Jalmasco AGHAM- Advocates of Science and Technology for the People
Cleng Julve Center for Environmental Concerns
Tony Liongson Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Sam Lucero Computer Professionals Union
Ruth Lumibao National Union of Peoples’ Lawyers
Kiko Malayao Computer Professionals Union
Burly Mango Katribu - National Alliance of Indigenous Peoples Organizations in the
Philippines
Archie Orillosa AGHAM- Advocates of Science and Technology for the People
Yaying Quizon Promotion of Church People’s Response
JB Reyes Stewards of Creation
Andy Tiver Promotion of Church People’s Response
Mervin Toquero Ecumenical Voice for Human Rights and Peace in the Philippines
Renmin Vizconde Philippine Network of Food Security Programs
Mac Yanto Computer Professionals Union

CONFERENCE ORGANIZERS:
Kalikasan - People’s Network for the Environment (KALIKASAN-PNE)
Jernigan Advokasi Tambang - Indonesia (JATAM)
KAIROS: Canadian Ecumenical Justice Initiatives
Center for Environmental Concerns-Philippines, Inc (CEC)
Ecumenical Voice for Human Rights and Peace in the Philippines (ECUVOICE)

INTERNATIONAL PARTNERS:
Canadian Catholic Organization for Development and Peace (D&P)
Pacific Asia Resource Center (PARC)
War on Want UK
London Mining Network (LMN)
Geneeskunde Derde Wereld (G3W)
International Association of Democratic Lawyers (IADL)
Solidagro - Belgium
Australia Action for Peace and Development in the Philippines (APDP)
Asia Indigenous Peoples Pact (AIPP)
International League of Peoples’ Struggle – Commission 13 (ILPS-SC13)
Lush Charity Pot

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PHILIPPINE ORGANIZERS AND PARTNERS:
National Union of People’s Lawyers (NUPL)
Alliance of Indigenous Peoples Organizations in the Philippines (KATRIBU)
Computer Professionals Union (CPU)
Advocates of Science and Technology for the People (AGHAM)
Stewards of Creation
Cordillera Peoples Alliance (CPA)
Peasant Movement of the Philippines (KMP)
Philippine Network of Food Security Programmes (PNFSP)
May First Labor Movement (KMU)
Panalipdan-Mindanao
National Secretariat for Social Action (NASSA) – Catholic Bishops Conference of the Philippines
New Patriotic Alliance (BAYAN)
Organized by

International Partners:

london
mining
network

Philippine Organizers and Partners:

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