Environment Secretary Ma. Antonia Yulo-Loyzaga has bared plans before the Congress to work with local government units (LGUs), the Department of the Interior and Local Government (DILG), and other concerned agencies on the full implementation of the “People’s Small-Scale Mining Act” to better regulate this activity and flush out illegal miners.
Yulo-Loyzaga gave this assurance to the Commission on Appointments (CA) during a recent committee meeting of this 25-member bicameral panel prior to its confirmation of her appointment as secretary of the Department of Environment and Natural Resources (DENR).
The former governor asked Yulo-Loyzaga how she intends to implement this law (Republic Act or RA 7076), given that “there has been a proliferation of illegal small-scale miners” because previous administrations had failed to promote legitimate small-scale mining.
Queried by Camarines Sur Rep. and CA majority floor leader LRay Villafuerte about her stance on small-scale mining, Yulo-Loyzaga said she supports this enterprise as a means to lift certain populations out of their socioeconomic conditions, “(but) we do feel at least at the DENR at the moment, that we need to strengthen our capacity to observe, to monitor, to evaluate the environmental impacts of these activities at the local level.”
Villafuerte at the same time suggested to the DENR secretary to look into current mining technologies that already allow miners to process gold without using mercury, a pollutant that adversely affects humans and ecosystems.
“There are already so many technologies, mercury-free processing of gold. So, I suggest that the department can research this and be updated because every day there are new technologies and processes that are being implemented,” he said. “As you mentioned, (the use of mercury) is really dangerous.”
Villafuerte, a former governor of Camarines Sur, noted that although the small-scale mining law was enacted in 1991, not so many such activities have been legalized thus far, hence the proliferation of illegal small-scale miners.
When Yulo-Loyzaga revealed that the DENR has recognized 50 Minahang Bayan projects since the law took effect in 1991, Villafuerte said: “That’s what we want to know, because 31 years since the law was enacted, it’s very sad to hear that there are actually only 50 (Minahang Bayan projects). And I’m sure you know that there are probably hundreds of illegal small-scale mining waiting to be accredited. And as Secretary, it’s a law and, as you mentioned, you support it as long as it’s within the mandate of the law.”
The former governor asked Yulo-Loyzaga how she intends to implement this law (Republic Act or RA 7076), given that “there has been a proliferation of illegal small-scale miners” because previous administrations had failed to promote legitimate small-scale mining.
He said one other thing that the DENR could look into is streamlining the process of business registration under the law in order to encourage small-scale miners to go legit instead of continuing engaging in illegal mining.
To create more jobs and ensure a more equitable sharing of natural resources, RA 7076 was signed into law to develop, protect and rationalize viable small-scale mining in mineralized areas, or those with naturally occurring mineral deposits of gold, silver, chromite, kaolin silica, marble, gravel, and clay.
RA 7076 lets the government forge joint venture or mineral production sharing agreements with small-scale miners for mining small plots or mineral lands, mainly relying on manual labor and using simple tools and methods in lieu of explosives or heavy equipment.
To be able to secure mining contracts, these small-scale miners have to first voluntarily form cooperatives duly licensed by the DENR, and their cooperatives must then be registered with the Securities and Exchange Commission (SEC)
Yulo-Loyzaga told Villafuerte she has had “initial conversations already on how we might be able to coordinate more closely with the DILG, in particular, in order for us to be able to maintain some integrity in the ecosystems despite the necessity of this activity being made available to communities who actually need the incomes at the barangay and at the community level.”
Moreover, she said the DENR would like to work closely with LGUs and the Department of Social Welfare and Development (DSWD) in addressing Gender and Development (GAD) issues related to small-scale mining as there are women who work in the mines.
The DENR would similarly like to address the issue of child labor as there are also children working in mine sites, she said.
“… There are a number of child laborers as well as, of course, also, women who are working in this field. This is a social issue, and we hope to be able to work with the GAD offices at each of the LGUs, in order to help support this particular—addressing this particular issue,” she said. “At this point, the issue of child labor is a particularly complex one. And so, we hope to work with the local governments, DSWD, as well as the department on trying to resolve this issue.”
Yulo-Loyzaga said, “Among the first things we will be doing—and as I’ve already informed the team at the DENR—we will be conducting a full process review of this approval process, not just for small-scale mining, but for other activities of the DENR as well.”
“This will actually allow us to determine where the gaps are in terms of translating policy into actual implementation at the local level,” she said.
“It is very crucial for us to keep in close coordination with the DILG because as you (Villafuerte) mentioned, there are possibly hundreds, if not more, illegal small-scale mining activities, which we will need the cooperation of the LGU, in order for us to actually identify, and monitor and make that part of the formalization process under this law,” Yulo-Loyzaga said.
To create more jobs and ensure a more equitable sharing of natural resources, RA 7076 was signed into law to develop, protect and rationalize viable small-scale mining in mineralized areas, or those with naturally occurring mineral deposits of gold, silver, chromite, kaolin silica, marble, gravel and clay.
She added: “I would also like to state that the DENR also needs the cooperation at the local government level in terms of monitoring the way the small-scale mining activities are being conducted, because at the end of the day, as you probably will know, the DENR is always blamed for a particular disaster because of the lack of the monitoring. And so, we hope we can work with you, as well as with the different LGU chief executives, in order for us to continue to expedite and provide the means of livelihood in a safe and as resilient way as possible.”
Villafuerte and three other Camarines Sur lawmakers are backing the swift congressional approval of a consolidated bill meant to guarantee the national government (NG) a fairer share of revenues from mining while providing better protection to the environment as well as to local communities hosting big miners.
He, along with Camarines Sur Reps. Miguel Luis Villafuerte and Tsuyoshi Anthony Horibata, and Bicol Saro Rep. Nicolas Enciso VIII earlier introduced House Bill (HB) 2014, which was one of several similar measures incorporated into the consolidated bill that the House committee on ways and means chaired by Albay Rep. Jose Ma. Salceda was approved last month for plenary approval.
In HB 2014, they proposed that the revenues collected from the royalty fee to be paid by large-scale mining operations shall partly accrue to a Natural Resource Trust Fund.
“This proposed new and uniform fiscal regime seeks to maximize the economic contribution of Big Mining by guaranteeing the government a fairer share of revenues from this sector even as it ensures better protection for the environment and for local communities hosting miners,” they said.
They pointed out that the measure that the House committee on ways and committee passed recently and then endorsed for plenary approval provides for the establishment of a novel Natural Resources Trust Fund to bankroll projects of LGUs in mining communities, such as for rehabilitating abandoned mines in these localities.
The panel had approved a consolidated bill in support of the proposal of the Department of Finance (DOF) for a new, single fiscal regime for all current and future mines, regardless of location, and that raised the tax rate for big-time miners from the current 38% to 51%, in a bid to raise P37.5 billion in mining taxes in this proposal’s first full year of implementation.
