|
Supreme Court decision on RA 7942 spoils Arroyo's environmental record
by Kalikasan-PNE
Tuesday, Feb. 03, 2004 at 6:06 PM
The Supreme Court decision declaring the Mining Act of 1995 unconstitutional vindicates environmental groups opposing it, according to Kalikasan-PNE.
"The Supreme Court decision declaring provisions of Republic
Act 7942 or the Philippine Mining Act of 1995 as unconstitutional,
vindicates the relentless opposition to it by environmental groups
and mining-affected communities," said Clemente Bautista Jr,
national coordinator of the national environmental network
Kalikasan-PNE.
"The Mining Act of 1995 allows foreign companies or individuals
to wholly own a mining company in our country and obtain equal rights
to control and exploit our mineral resources, which can cover 81,000
hectares for 50 years. Moreover, the Mining Act provides mining
companies with Financial and Technical Assistance Agreement (FTAA)
which grants them auxiliary rights such as timber rights, water
rights, easement rights and arbitration rights that as a matter of
principle should only be given to Filipinos. There is no doubt that
this law violates our sovereignty and the 1987 Constitution,"
explained Mr. Bautista.
The Supreme Court decision also nullifies and voids the FTAA given to
the Australian owned Western Mining Company (WMC). On March 30, 1995,
the government granted an FTAA to Western Mining Co, Philippines
(WMCP) covering 99,387 hectares of land in South Cotabato, Sultan
Kudarat, Davao del Sur and North Cotabato. The La Bugal-Blaan Tribal
Association, a local indigenous people organization in Sultan
Kudarat, challenged the validity of the Mining Act and the FTAA
awarded to WMC in February 7, 1997.
"The Supreme Court decision virtually negates the recent
Executive Order 270, entitled 'National Policy Agenda on Revitalizing
Mining,' issued by President Gloria Macapagal Arroyo last January 16.
The EO 270 clearly states 'that the Mining Act of 1995 upholds our
sovereignty and serves as the framework for its mining policy.' If
only for this lie, we believe that the Philippine Mining Act of 1995
and the EO 270 should totally be scrapped, including all other laws
related to or arising from the unconstitutional provisions of the
mining law", said Bautista.
Both the EO 270 and Mining Act of 1995 betray the insidious intent
of its primary authors which is to sell off our natural resources and
patrimony to foreign interest at the expense of our people and
environment, Kalikasan-PNE further argues.
"It should be remembered that President Arroyo, then a Senator,
co-authored the Mining Act of 1995 and sponsored such unpatriotic,
pro-globalization policies and agreements as the General Agreement of
Tariff and Trade (GATT). It should not be a wonder why environmental
groups are vowing not only to not vote for her, but also to campaign
against her re-election," added Bautista.
|
