· Some of the specific provisions for offshore mining are: 47On 24 March 1996, significant mountain pollution occurred at the Marcopper mine on the island of Marinduque. An estimated 1.5 to 3 million cubic metres of tailings spilled into the Makulapnit River, Boac River, and eventually into the ocean on the west side of the island (Plumlee, Morton, Boyle, Medlin, and Centeno, 2000). It was a disaster of unprecedented magnitude in the Philippines: agricultural fields were flooded and fishing, which was an important livelihood for more than 20,000 families in 42 communities, was interrupted due to the runoff of mine tailings that buried the canals and the valley floor (Sepo, 2005)14. The burial of the slag heaps prompted calls mainly from the country`s Catholic clergy, religious organizations, civic groups, and conservation and environmental activists to speak out against mining in general and the complete abolition of the mining law in particular. 60 According to the Mining Act, two main actors are involved in the exploitation, development and exploitation of the country`s mineral resources: the State, the owner of the resources, represented by the national government; and mining companies that bring in much-needed foreign capital. However, a mining project is not completed when the terms of the contract are settled between these two parties. A mining project involves the standard participation of other key stakeholders, including: a) community members whose aspirations and notions of “living well” or “development” have been shaped by their relationship with their homeland and the resources that support it; (b) local officials representing the interests of their constituents; and (c) civil society groups whose objectives include directly challenging the neoliberal policies of the State. 63Local governments have served as effective bodies not only to express the concerns and interests of constituent communities vis-à-vis the distant national government, but also to ensure the legal basis for long-term resistance. Hostile initiatives by local governments towards foreign mining projects are aimed at conserving mineral resources and preventing foreseeable environmental problems associated with mining. The organizing initiatives of other actors, such as civil society groups, are crucial to creating places where the views and activities of local people and community leaders are taken into account, coordinated and formalized both in the formulation of regulations and in their implementation. The actions of subordinate political-administrative units manifest a subnational resource nationalism based on locality and homeland that the national government faces on resource management issues.
31In early 2005, national government representatives and senior Comp officials participated in mining roadshows in various parts of the world, including China, Singapore, South Africa, Canada and Australia.4 These tours consisted of meetings and discussions with foreign investors on investment opportunities in mining in the Philippines. In 2006, Comp organized an international conference on mining investment in the Philippines, which was attended by representatives of foreign mining companies. The objective was to extract mineral deposits from the Philippines, in particular the 24 priority mining projects5. As comp seriously hoped, the conference resulted in the signing of numerous Memoranda of Understanding (MoU) and Memoranda of Understanding between foreign mining companies and local mining partners (Disini, 2006). 16.1 Are there provisions in the mining law that allow the owner of a right to waive all or part of it? Last October, Finance Minister Carlos Dominguez III announced the government`s plan to revive the mining industry by privatizing state-owned mines, including two abandoned nickel mines in Surigao del Norte and Marinduque provinces. That same month, Duterte lifted a moratorium on oil exploration in what the Philippine government calls the West Philippine Sea, an area it claims in the South China Sea. 43The clergy are supported by the advocacy activities of nationalist groups that tend to be ideologically oriented and whose rhetoric appeals to citizens and communities in desperate need of support. Their narrative includes demands to prevent the entry of transnational mining companies into the Philippines and views that foreign mining companies are “imperialist looters.” Many nationalist organizations are either directly allied with or sympathetic to Bayan (Bagong Alyansa Makabayan),12 a left-wing supra-organization that coordinates mass movements. Bayan takes a political stand in the elections, representing farmers, industrial workers, women, public transport drivers, teachers, indigenous peoples and others. Bayan organizations are openly revolutionary and seek to participate in whatever circle of resistance they can identify. and Zamboanga del Norte, which specifically prohibits surface mining (the regulation came into force in November 2011). These government decisions boosted mining and oil supplies on the Philippine stock exchange.
The sector closed up 17.5% at the end of 2020, making it one of the biggest winners amid the pandemic. In Palawan province, one of the country`s most biodiverse areas, the contract could potentially give the green light to exploit at least five mining applications, according to the Environmental Legal Support Center (ELAC). Although the province is governed by a strategic environmental plan that prohibits mining, there has been an increase in mining applications, said CFTA Executive Director Grizelda Mayo-Anda. 62This article shows that decision-making at the local level, enshrined in the Local Government Code, involves the involvement of the community in resource governance issues.
