The Department of Environment and Natural Resources (DENR) will work with the Mining Industry Coordinating Council (MICC) in the conduct of a multi-stakeholder review on the performance of existing mining operations in the country.

The council, co-chaired by Lopez and Finance Secretary Carlos Dominguez III, convened Thursday to address the issues on due process, unemployment and revenue loss for local and national government raised by mining groups against the closure and suspension orders issued to 28 mining companies by Lopez.
After the meeting, the council, pursuant to Executive Order (EO) 79, issued Resolution No. 6 which states that the “MICC shall create a multi-stakeholder review and advise the DENR on the performance of existing mining operations in consultation with local government units (LGUs)”.

The review will be based on the parameters set in specific mining contracts and on pertinent laws, “taking into account the valid exercise of the State’s police power to serve the common good, especially the poor.”

The resolution further states that “those found guilty of violating mining contracts, laws and regulations, after observance of due process, shall be meted the appropriate penalty under relevant laws.”

The resolution also indicated that those who will be affected by the suspension or closure order, either directly or indirectly employed by mining contractors, shall be assisted by the government through its livelihood and transition plan.

The MICC also agreed that no mining shall be allowed in watershed areas.

Executive Order 79 created the MICC to implement the Order and other industry reforms, conduct dialogue with stakeholders, and review all existing mining-related laws and rules.

The council is co-chaired by the chairpersons of the Climate Change Adaptation and Mitigation and the Economic Development clusters of the Cabinet. Other members are the Justice Secretary, the chairperson of the National Commission on Indigenous Peoples (NCIP) and the president of the Union of Local Authorities of the Philippines (ULAP).

Last week, Secretary Lopez has ordered the closure of 23 mining operations and suspended five more for various violations that resulted in the degradation of surrounding rivers and other water bodies, including agriculture, and affecting the health and livelihood of communities. ###

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Published: 11 February 2017

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The mining audit done by the Department of Environment and Natural Resources meticulously observed due process.

When we conducted the first audit of the mining firms last year, the 16 teams who conducted the audit were well-represented, with some of the 10-12 coming from the different bureaus of the Department, some of the members coming from other concerned government agencies, the Social Action Center of the local parishes, and the civil society organizations.

Technical experts from the different government offices who have been invited to conduct the audit all abide in the standards of truth, service, and the common good. This means they knew what they were doing and have followed the due legal process.

We based the checklist of the criteria for the audit on the requirements of the different mining and environmental laws. A cross-audit was also done, which means that the auditors who reviewed one site, have come from a different region.

During every audit, the teams also conducted entry and exit conferences to discuss the methodology, procedure and the result of the audit.

We also gave the companies seven days to respond to the results of the audit, providing a leeway for them to clear the issues that were raised. From their responses to the ‘show-cause orders’, further review was conducted by a technical review committee for five months before releasing the results, ensuring that we followed the process meticulously.

I personally visited the mines myself, talked to the people and then decided in the context of the common good. We followed all necessary procedures and there are documents to show.

I stayed true to the President's directive and sought to help the people who are continuously marginalized by destructive mining. It’s the government’s duty to protect the country’s resources and to make sure that these resources benefit the people. ###

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Published: 10 February 2017

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Environment Secretary Gina Lopez said that all suspension and cancellation orders for the 28 mining companies will be signed and released today.

Lopez also said she will release to the mining industry the committee recommendations submitted to her by the technical committee.

“When the presscon was done, the evaluations have been completed days before. What happened was an omnibus directive. It was prepared for all mining companies and our lawyers have decided it should be issued to individual mining companies. That’s why there’s been a delay,” Lopez said.

She maintains that the mining audit conducted by the Department of Environment and Natural Resources (DENR) was fair and within the law.

Lopez defended the audit and said she did it to protect the present and future generations as enshrined in the Mining Law and the Philippine Constitution.

The result of the audit has been criticized by the mining sector who said the audit lacked due process and would lead to the loss of employment and livelihood for affected communities. They also said that the closures would result in loss of tax revenues for the local and national governments.

Lopez has vowed that given a year and half to a maximum of two years, she will prove that a green economy can create more jobs than mining could ever create.

While mining has indeed created jobs, she stands firm that sustainable economic development could be achieved without destroying the environment and causing suffering to people, and that inclusive green economy is way better alternative to mining.

The DENR chief has stressed that the issue is social justice and not mining. At the end of the day, she said she had “to make the decisions based on truth, service, and the common good.” ####

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Published: 08 February 2017

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(Note:  On February 2, 2017, Lipa Archbishop Ramon Arguelles led a group of Southern Tagalog residents, Metro Manila environmentalists and DENR personnel for a prayer rally in support of Environment Secretary Gina Lopez, with an appeal to President Duterte for her retention as DENR chief.  We are publishing the press release and the Open Letter for Pres. Duterte released by the Office of the Archbishop of Lipa.) 

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Published: 06 February 2017

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Unfazed by skepticism over her decision to shut down 23 large-scale mines in the country, Environment Secretary Gina Lopez said she was out to prove that "green economy" can provide more jobs than destructive mining even as she assured alternative livelihood opportunities to affected mine workers and their families.

"Give me a year and a half, maximum of two years. I will prove that a green economy can create more jobs than mining could ever create," Lopez said over the weekend.

Lopez was reacting to claims by the Chamber of Mines of the Philippines (COMP) that over 1.2 million workers will lose their jobs with the impending closure of mining firms that failed the industry-wide audit conducted by the Department of Environment and Natural Resources (DENR) due to serious environmental violations.

Contrary to COMP's assertion, Lopez said that available government data would show that mining produced only 234,000 jobs as against the 4.7 million jobs created by tourism in 2014.

Although she admitted that mining has indeed created jobs, the industry remains widely regarded as having adverse effects on the environment and communities.

Lopez insisted that sustainable economic development could be achieved without destroying the environment and causing suffering to people, and that inclusive green economy is way better alternative to mining.

Using the sustainable integrated area development (SIAD) approach, Lopez said the DENR would assume the developmental role of providing sustainable livelihood while teaching environmental conservation to affected communities.

"We will create ecological economic zones where there is respect for nature and value adding in resources, and where people benefit from the resources of the place," Lopez said.

The DENR chief said her decision to close down 23 mining firms was consistent with her non-negotiable stance against irresponsible mining. “My issue is not about mining, my issue is about social justice,” she emphasized.

Lopez also said she was glad that President Rodrigo Duterte fully supports her decision. "I feel comforted by the President's support because his concern is the welfare of the people," Lopez said.

She disclosed that "massive planning and consultations" will be conducted from February 16 to 18 in areas affected by the closure orders she issued. The alternative jobs for displaced mine workers is one of the topics to be discussed, she added.

Lopez had earlier made an assurance that affected mine workers will not end up unemployed as they will be used in the rehabilitation of mine sites, which is one of the conditions imposed on erring mining firms.

The environment chief said that she intends to use the mine rehabilitation fund of the closed mining firms in rehabilitating mining sites. “I would like to work with miners through this fund and use the funds to heal the land,” she said.

She said the DENR is tapping the services of a team of experts of the Sixto K Roxas (SKR) Foundation in the rehabilitation of the mining sites. She is also looking at the potential of biochar as a tool for mine rehabilitation.

Biochar is a type of charcoal that is produced by burning only a small amount of oxygen. This enables the carbon to be absorbed by the plants and preventing it from accumulating in the atmosphere.

Affected mine workers will also be tapped for reforestation activities under the Enhanced National Greening Program, as well as the government's planned expansion of bamboo and mangrove plantations to fight climate change and poverty.

Under the SIAD approach, "mini economic zones" will be created in order to generate employment, livelihood and income-generating activities in communities where mining companies operate. ###

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Published: 05 February 2017

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