Lopez to form commando group versus illegal miners

by Jonathan L. Mayuga - July 17, 2016

BENT on stopping destructive mining projects in the country, Environment Secretary Regina Paz L. Lopez revealed that miners operating without necessary permits would also be hunted down, like thugs and drug lords, under her watch.

To do this, Lopez said a joint police-military special action group would be created to go after those engaged in illegal and irresponsible mining activities.

“I am putting up a SWAT [Special Weapons and Tactics] team, ,and will work with the military and the police,” Lopez told the BusinessMirror.

She said Armed Forces Chief of Staff Lt. Gen. Ricardo R. Visaya and National Police chief Director General Ronald M. dela Rosa have already committed their support to her campaign.

“We are good.  Digong [President Rodrigo] has amazing, good people.  So I am very, very confident. Rule of law, that’s all, and the common good,” Lopez said.

Asked what her SWAT would be like, she said: “It’s a special action group.  Like a commando group for the environment.”

Director Leo L. Jasareno of the Mines and Geosciences Bureau (MGB) said he would request the Department of Justice (DOJ) to reactivate the committee created by Joint Department Order (JDO) 02-2012 to crack down on illegal- mining activities.

Sought for her reaction on the proposal, Lopez said she has not discussed it with Jasareno, but said “it’s a great idea.”

The reactivation of the committee created by JDO 02-2012 hopes to address concerns aired by Lopez on the issue of illegal-mining operations during previous meetings, Jasareno said.

Credited for stopping the illegal extraction of magnetite sand, or black sand, mostly happening in northern Luzon, the committee was formed in 2012, a year after the Bangko Sentral ng Pilipinas (BSP) noted a steep drop in gold purchases.

“I will recommend to the DOJ to reactivate the committee to investigate, build case and file charges against those engaged in illegal mining,” Jasareno said.

Jasareno defines illegal mining as mining operation without necessary government permits, which start with exploration. Among those to be scrutinized are exploration activities, extraction, hauling or transport and export of mineral ores.

“Illegal mining is mining without a mining permit from the government,” he said.

Jasareno said transport or export of mineral ores without permit is illegal and warrants the filing of a case for violation of the Philippine Mining Act of 1995.

Jasareno added that the Department of Environment and Natural Resources (DENR) is stepping up the campaign against illegal-mining activities, particularly in the small-scale mining sector, which, he said, is equally liable for causing environmental destruction and pollution.

Lopez has already ordered a moratorium on the approval of new mining projects and the conduct of a mining audit, but was criticized for leaving out small-scale mining. An environmental advocate, Lopez had vowed to stop all mining operations, including large-scale metallic and nonmetallic mines, including quarry and small-scale mining that cause environmental destruction and people in mining communities to suffer.

The DOJ, Department of Interior and Local Government (DILG) and DENR created the fact-finding committee in November 2012 upon the instruction of former President Benigno S. Aquino III.  However, the committee became “inactive” after the campaign against illegal magnetite sand in the Ilocos region and Cagayan Valley region.

The committee is composed of officials, lawyers, investigators and prosecutors from the three departments and concerned agencies and offices under their respective jurisdiction.

The committee investigates, collects evidence, builds cases and files appropriate charges against those involved or responsible for illegal-mining operations, including incidents of violence against, or killing of those charged with enforcing and implementing the government’s campaign against, such illicit activities.

Meanwhile, Jasareno said the MGB is now eyeing the establishment of four additional Minahang Bayans within the year.

“We are looking at four new Minahang Bayan. We would soon be submitting our recommendation to the DENR secretary for consideration,” Jasareno said.

Small-scale mining activities outside declared Minahang Bayans are illegal under Executive Order 79.  There are only five declared Minahang Bayans, where small-scale miners can operate legally under the policy and existing small-scale mining law.

Large-scale mining firms, under the Chamber of Mines of the Philippines, had earlier complained that the new DENR chief focuses more on large-scale mining and seemingly neglected the existence of illegal small-scale mining operations that are causing the environment and people more harm.

Last year former Environment Secretary Ramon J.P. Paje issued Department Administrative Order 2015-3 revising the implementing rules and regulation of the People’s Small Scale Mining Act of 1991, to improve regulation of small-scale mining, which includes selling their gold to the BSP.

The revised guideline for small-scale mining limits activities to extraction of minerals, mainly gold, within a declared Minahang Bayan and centralizes processing in a minerals processing zone within a Minahang Bayan.

This way, the government will be able to monitor gold production by small-scale miners better.

Officials of the DENR and MGB suspect small-scale miners are selling their gold produce to the black market to avoid paying taxes to the government that resulted in the steep drop in the annual BSP gold purchases since 2011.

Small-scale mining contributes around 70 percent of the country’s total gold output before the noticeable drop in BSP gold purchases.  In 2010 the country’s total gold output reached 40,847 kilograms. This dropped to only 18,423 kg in 2014, with only 633 kg coming from small-scale mining, or 3.43 percent.

With the new guidelines on small-scale mining, the DENR hopes that small-scale miners will start selling to the BSP again.

The BSP purchases gold from small-scale miners in accordance with the small-scale mining law and from other sources. The BSP only has five existing buying stations in Quezon City, Baguio City, Davao City, Zamboanga City and Naga City.