“NO LGU CONSENT, NO MINING”: PAJE
Alyansa Laban sa Mina (ALAMIN)
PRESS RELEASE
9 September 2012
“NO LGU CONSENT, NO MINING” : PAJE
December 16, 2011 – Department of Environment and Natural Resources (DENR) Secretary Ramon J. Paje assured the people of Mindoro that no mining project shall operate in the island without the consent of the local government units. The statement was made by Paje in the recent presentation of the investigation report on the environmental compliance certificate of the Mindoro Nickel Project held at the Bulwagang Ninoy, Parks and Wildlife Center, Quezon City.
Also present in the event were Oriental Mindoro Governor Alfonso V. Umali, Jr., Occidental Mindoro Josephine Ramirez-Sato, Presidental Adviser on Environment Neric Acosta and , and Presidential Adviser on Climate Change Elisea Gozun.
“Kung ayaw ng mga Governors, hindi yan matutuloy”, (If the Governors do not want the project, it will not proceed) Paje said. Secretary Gozun, a former DENR Secretary herself, supported Paje’s statement saying that approval of the concerned Sanggunian should be considered. She added that it is the prime mandate of the DENR to protect areas that are important not only to economic activities but also to national patrimony.
On November 27, 2009; the ECC of the proposed Mindoro Nickel Project of Intex Resources was temporarily revoked by then Secretary Joselito Atienza following a 10-day hunger strike of some 25 Mindoreños in front of the DENR National Office demanding for the immediate cancellation of the proposed mining project. Atienza’s decision also ordered the creation of an investigation team to look into possible violations in the application and approval of the ECC.
The Report stated that lack of social acceptability was evident with the declaration of 25-year Mining Moratorium, and several cease and desist orders to stop activities related to the conduct of EIA. Indigenous Peoples consultation was also limited to a small group within the declared CADC of Alangan and Tadyawan Tribes which do not represent all the affected indigenous cultural communities. Also, the Report says that the proposed mining project falls within the critical Mag-asawang Tubig watershed.
Secretary Acosta conveyed his appreciation for the effort of the Investigation Team whose recommendations may contribute to the on-going study on mining policy of the government. “Kung sinabi ng Governor na hindi pwede yan, hindi talaga pwede yan” (If the Governor said the project is not accepted, then it is not accepted).
Paje also instructed EMB Director Juan Miguel Cuna to draft an order compelling Intex Resources to suspend all their activities.
Intex Resources Violated OECD Guidelines In Mindoro Nickel Project
Alyansa Laban sa Mina (ALAMIN)
PRESS RELEASE
30th November 2011
The National Contact Point (NCP) in Norway for the OECD (Organization for Economic Cooperation and Development) Guidelines for Multinational Enterprises has published its final statement in response to a complaint against Intex Resources ASA (Intex) concerning the Mindoro Nickel Project (MNP) on the island of Mindoro, after almost three years of investigation.
The OECD Guidelines for MNEs comprise a set of voluntary principles and standards for responsible business conduct. The Guidelines are not legally binding. However, OECD governments and a number of non-OECD countries have committed to encouraging multinational enterprises operating in or from their territories to observe the Guidelines.
The complaint was submitted by the Norwegian NGO, Future in Our Hands (FIOH), in conjunction with PIPLinks (Philippine Indigenous Peoples Links) and Middlesex University Department of Law in the UK, and ALAMIN (Alyansa Laban sa Mina) in Oriental Mindoro.
The NCP has found Intex wanting in relation to the three alleged breaches of the guidelines:
1) Inadequate consultations and failure to obtain legally required consent: The NCP found that Intex “has not been able to foster the necessary relationships of confidence and mutual trust on Mindoro in accordance with the OECD Guidelines” and its assessments and consultations were “inconsistent with the requirement of the OECD Guidelines”. It raised particular concerns that a broad and inclusive approach had not been taken to consultations, leading to the exclusion of affected indigenous peoples from the process. It also found the legally required Free, Prior and Informed Consent (FPIC), purportedly obtained from the indigenous peoples, “was not sufficiently informed” and that reason exists to “to question the procedures by which the FPIC was obtained”.
2) Concerns regarding undue influence and lack of transparency: the NCP quotes a report of the Philippine’s National Commission on Indigenous Peoples (NCIP) noting that the manner in which almost 1 million pesos was disbursed to it by Intex was “a blatant disregard of, and failure to observe and comply with the procedure … related [to] activities or projects such as delineation and titling application activities.” The NCP finds that “the involvement of Intex in these procedures merits further investigation by appropriate authorities” and that “Intex renders itself vulnerable to criticism that it sought to influence the outcome of a public decision concerning the ancestral rights of competing indigenous peoples.”
3) Failure to adequately assess projects environmental risks and disclose these to stakeholders: The NCP was particularly critical of Intex’s Environmental Impact Assessment (EIA), identifying weaknesses in its content and on the very limited nature of engagement and consultation with stakeholders. The NCP “upholds the allegations of FIOH, finding that the information provided on environmental impacts is incomplete.” It “expects Intex to provide the public with “adequate and timely information” on the environment, health and safety impacts of the project … [and] … “to engage in “adequate and timely communication and consultation” with the affected communities on environmental risks.” The statement provides numerous examples of where Intex has to date failed to do precisely this, and explains that such a failure “constitutes a breach of Chapter V of the OECD Guidelines.”
According to Fr. Edwin Gariguez, of ALAMIN, a network of civil society, church and peoples’ organizations, and the local governments opposed to the project: “The communities in Mindoro had always been pointing out the flaws and grossly questionable processes by which the Intex Resources was forcibly pushing the Mindoro Nickel Project at the expense of peoples’ opposition, the rights of the indigenous peoples and the threats to our fragile ecosystems. We are thankful that we can have recourse to international standards and mechanisms like the OECD Guidelines. The statement of NCP in Norway, after three years of investigation, confirms the major deficiencies that we have been complaining about. We hope Intex will honestly admit their lack of management capacity to pursue this project.”
The NCP findings identifying the breaches of the OECD Guidelines by Intex Resources reflects the sub-standard regulatory structures and deficient monitoring mechanisms that our country has for extractive industry. The non-compliance of transnational corporation to the internationally recognized minimum standard for business conduct spells doubt as to the industry’s claim for the much-taunted “responsible” mining myth.
Intex In Violation Of OECD Guidelines: Church Affirms Anti-Mining Calls In Mindoro Nickel Project
National Secretariat for Social Action – Justice and Peace (NASSA-JP)
Catholic Bishops Conference of the Philippines (CBCP)
PRESS RELEASE
5 December 2011
Intex In Violation Of OECD Guidelines: Church Affirms Anti-Mining Calls In Mindoro Nickel Project
The National Contact Point (NCP) in Norway for the OECD (Organization for Economic Cooperation and Development) Guidelines for Multinational Enterprises has published its final statement in response to a complaint against Intex Resources ASA (Intex) concerning the Mindoro Nickel Project (MNP) on the island of Mindoro, after almost three years of investigation.
The complaint was submitted by the Norwegian NGO, Future in Our Hands (FIOH), in conjunction with PIPLinks (Philippine Indigenous Peoples Links) and Middlesex University Department of Law in the UK, and ALAMIN (Alyansa Laban sa Mina) in Oriental Mindoro.
The Norwegian National Contact Point (NCP) found out that mining firm Intex Resources had obtained a Free, Prior, Informed Consent (FPIC) from the affected indigenous peoples of Mindoro through questionable procedures. The report pointed out that there was also a glaring defect regarding undue influence and lack of transparency in issues regarding fund donations. There is also a failure in adequately assessing environmental risks of the project and the lack of compliance to the required disclosure to the stakeholders.
The National Secretariat for Social Action (NASSA) of the Catholic Bishops Conference of the Philippines (CBCP) bewails the lack of transparency and accountability of the mining companies operating in the Philippines and the pattern by which mining companies in collusion with the national government agencies aggressively promote mining at the expense of the environment and the indigenous peoples’ rights, as in the case of Mindoro Nickel Project.
According to Fr. Edwin Gariguez, NASSA’s Executive Secretary and one of the founding members of ALAMIN, a network of civil society, church and peoples’ organizations, and the local governments in Oriental Mindoro opposing the project: “The communities in Mindoro had always been pointing out the flaws and grossly questionable processes by which the Intex Resources was forcibly pushing the Mindoro Nickel Project at the expense of peoples’ opposition, the rights of the indigenous peoples and the threats to our fragile ecosystems. We are thankful that we can have recourse to international standards and mechanisms like the OECD Guidelines. The statement of NCP in Norway, after three years of investigation, confirms the major deficiencies that we have been complaining about. We hope Intex will honestly admit their lack of management capacity to pursue this project.”
CBCP-NASSA notes that the NCP findings identifying the breaches of the OECD Guidelines by Intex Resources reflects the sub-standard regulatory structures and deficient monitoring mechanisms that our country has for extractive industry. The non-compliance of transnational corporation to the internationally recognized minimum standard for business conduct spells doubt as to the industry’s claim for the much-taunted “responsible” mining myth.
We in the Church affirms our call to the Aquino administration to repeal the Mining Act of 1995 that do not adequately protect the interest of our people and the country’s natural resources. We reiterate our critique that “the government mining policy is offering our lands to foreigners with liberal conditions while our people continue to grow in poverty. We stated that the adverse social impact on the affected communities far outweigh the gains promised by the Transnational corporations.”
For contact reference:
Fr. Edwin A. Gariguez
Executive Secretary
CBCP-NASSA / Caritas PHILIPPINES
470 Gen. Luna Street, Intramuros, Manila, PHILIPPINES
(02) 353-9346; 527-4147; 527-4163 / fax: (02) 527-4144
Mobile Phone: 0922-8348248
Email Address: edugariguez@gmail.com
OECD Finds Norwegian Mining Company Guilty
PRESS RELEASE
December 2, 2011
‘No reason for Mindoro Nickel Project to be pursued,’ say Filipino groups
Manila – Intex Resources, a Norwegian mining company with a Nickel project in Mindoro, was found to have violated numerous guidelines for multi-national enterprises established under the Organisation for Economic Co-operation and Development (OECD).
This was the conclusion of the Norwegian National Contact Point (NCP) in their final statement on the complaint against Intex Resources released in November 30. After three years of investigation, the NCP found that the Free, Prior, Informed Consent (FPIC) obtained from the indigenous peoples of Mindoro was not sufficiently informed, and that reasons exist to question the procedure as to how this was obtained.
The NCP also emphasized that Intex should ‘consult broader groups of indigenous peoples and be more transparent’ and informant of the environmental impact of their mining project covering 11, 200-hectares of land located between the provinces of Oriental and Occidental Mindoro.
While the NCP final statement gives recommendations to Intex to comply with OECD Guidelines, groups here believe that the company should pull out and withdraw the project.
Jaybee Garganera, Alyansa Tigil Mina national coordinator said, “This is what many organizations in the Philippines have been waiting for—a validation that Intex was in breach of OECD guidelines and rights of communities in Mindoro. We believe this is more than enough reason for Intex to completely pull out from Mindoro, especially since the province has a 25-year moratorium on mining and that should be respected!” Garganera also added that the Philippine government must finally cancel the Environmental Compliance Certificate (ECC) it issued to Intex, and in the process, formally withdraw the mining contract it issued.
In January 2009, Future in Our Hands, a Norwegian organization, in collaboration with Philippine Indigenous Peoples Links (PIPLinks), Middlesex University Department of Law in the UK, and Alyansa Laban sa Mina (ALAMIN), submitted its complaint to the NCP stating that Intex has violated three of the OECD Guidelines. Specifically, the groups alleged the: 1) absence of genuine free prior and informed consent (FPIC); 2) lack of transparency; and 3) not having a substantive environmental impact assessment that is shared and known by the people.
Fr. Edu Gariguez, currently Executive Secretary of CBCP-NASSA and representative of ALAMIN, said in a statement, “The communities in Mindoro had always pointed out the flaws and questionable processes by which Intex Resources pursued the mining project despites peoples opposition, up to the point of violating the rights of indigenous peoples and threatening our fragile ecosystems.”
Meanwhile, Judy Pasimio of Legal Rights and Natural Resources-Kasama sa Kalikasan (LRC-KsK/FOEI) said, “The NCP report has further delegitimized the presence of Intex Resources in Mindoro. It has affirmed what the Mangyans have been saying all along – that they have not given their consent to Intex, that the FPIC was a bogus one.”
The Mangyans have staged a week-long hunger strike in 2009 in front of the Department of Environment and Natural Resources (DENR) to call for the revocation of the ECC of Intex, and the cancellation of its mining permit. In response, the ECC was suspended.
“The findings of the NCP should finally convince the DENR that there are sound legal basis for the cancellation of the ECC of Intex. And that this deceitful mining company should not be allowed to operate in the Philippines,” Pasimio added.
“We are thankful that we can recourse to international mechanisms like the OECD Guidelines and after three years of investigation affirm our complaints. We hope that Intex Resources will admit their lack of capacity to pursue this project,” Gariguez added.
The OECD aims ‘to promote policies that will improve the economic and social well-being of people around the world.’ The OECD Guidelines adhered to by members countries provide voluntary principles and standards for responsible business conduct.
Andy Whitmore of PIPLinks further added, “We have engaged in this complaint process for nearly three years. It is satisfying to see many of the points raised by the local people and their supporters vindicated. It remains to be seen how much this criticism will affect things on the ground.”
Alyansa Laban sa Mina (ALAMIN) is a network of civil society organizations, Church and local government units in Oriental Mindoro established in 1999 to consolidate peoples opposition to the Mindoro Nickel Project.
Alyansa Tigil Mina (ATM) is an alliance of mining-affected communities and their support groups of NGOs/POs and other civil society organizations who are opposing the aggressive promotion of large-scale mining in the Philippines.
For more information:
Fr Edu Gariguez, ALAMIN, (0922) 834.82.48 <edugariguez@gmail.com>
Judy Pasimio, LRC-KsK/FOEI Executive Director, (0917) 526.83.41 <judy.pasimio@lrcksk.org>
Jaybee Garganera, ATM National Coordinator, (0927) 761.76.02 <nc@alyansatigilmina.net>
Farah Sevilla, ATM Policy&Advocacy Officer, (0915) 331.33.61 <policy@alyansatigilmina.net>
MCC8 Group Co Inks MoU To Develop Mindoro Nickel Project
Sunday, 08 Jan 2012
Intex Resources ASA has announced that a memorandum of understanding to develop the Mindoro Nickel project was signed during a ceremony in Shenzhen in China on January 4th 2012 with MCC8 Group Co Limited.
MCC8 is a major Chinese state controlled engineering and construction company, and is a former division of China’s largest nickel producer, Jinchuan Group. The company develops, and forms consortia that undertake project finance, plant engineering and construction, mine and plant operation and equity investments. MCC8 possess a 57 year history of construction and completion of more than 80 non ferrous metallurgical plants, including the construction of China’s Nickel City in Jinchang.
Under the MoU, MCC8 will be granted a Project Management Contract and will form a consortium to undertake project finance, identify a project operator, evaluate EPCM contract options, structure off take, and complete the Definitive Feasibility Study for a staged project construction.
MCC8 and its strategic partners will have a first right of refusal option to buy up to 90% of Mindoro Nickel in a staged process for USD 296 million. Intex Resources ASA will keep 10% of the project free carried and have the further right to buy back 10% for 60 million USD after completion of the project. The options are transferable to new financial or industrial consortium members being brought in. The MoU anticipates the project will be financed through a consortium of companies to be coordinated by MCC8.
Mr Jon S Petersen CEO of Intex said that “We are very pleased to see that Mindoro Nickel’s green mining concept has been met with genuine interest from one of Asia’s largest and most prestigious companies in the non ferrous metallurgical industry, and a company that has a declared focus on modern environmental solutions. MCC8 has a strong financial background, but also a company that has a demonstrated capability for sustainable green solutions in its many recent projects. Intex is looking forward to see Mindoro Nickel be developed to the benefit of its many stakeholders, the Provinces of Mindoro Island and the Philippine Nation.”
Blantyre
