Poster Presentation: New Challenges and Increasing Pressures in Customary Land Rights in Southeast Asia Alyansa Tigil Mina

(ATM) – Alliance Against Mining

The CSO Advocacy for a New Mining Law in the Philippines

General Assumptions: Policy of Liberalizing the Mining Industry
1. Optimize extraction –new and improved technology, high capital input 2. Capture capital – need to attract foreign investors 3. Local mining industry must capture the world market 4. Foreign market=dependent on foreign capital

Challenging the myths of mining in the Philippines
Shifting mindsets and popular consciousness:

 The Philippine Mining Act is flawed (undermining national sovereignty, sell-out of national patrimony and unmasking the disincentives)  Mining as it is currently being undertaken cannot contribute to economic, social, cultural, moral nation-building of the Philippine nation  Mining is not imperative for national Philippine development  Good governance and local investments should be prioritized before foreign dependent investments  Environmental protection is not secured.

Dapitan initiative
 Advocates from all over the country gathered on October 11, 2002 at the Rizal Shrine, Dapitan City in Mindanao to sign a manifesto which is what is known now as the “Dapitan Initiative”  It goes beyond merely opposing certain mining activities but strives to provide clear alternatives.  Generate suggestions from communities on what the new framework for mining should be in the Philippines

Dapitan Declaration (2002)

Alternative Vision

Methodology

Drafting
 At least 10 revisions of the law;  Comparison with the past mining laws;  Table research;  Comparison with other relevant laws;  Comparison with international standards and protocols;  Referred to other mining laws of other countries.

Advocacy goals for the Alternative Mining Bill
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∀ To raise public awareness and understanding on mining and the negative impacts of the mining and current national policy on mining ∀ To generate the “critical mass” needed to pass the Alternative Mining Bill (AMB) • To generate resources to mobilize campaign activities

“A” Frame for Advocacy

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Mobilization

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Strategy

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Action

Continuity

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Analysis

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Evaluation

In Summary:
1. 2. 3. 4. 5. 6. We agreed on a framework (Dapitan Declaration) for a new mining law (2002) We expanded and specified the framework into a set of principles (2002-2005) These principles were translated into specific provisions, producing a “model law” (2006) The draft model law was subjected to many, many, many consultations (2007) We talked with “friendly” legislators, so they will file and support it in Philippine Congress (2008) We discussed and approved an advocacy plan