Taming the Resource Curse Part 1

Taming the Resource
Curse: Understanding
the Philippine
Framework for
Extraction
Atty. Grizelda “Gerthie” Mayo-Anda
Executive Director
Environmental Legal Assistance Center,Inc. (ELAC)

SUSTAINABLE
DEVELOPMENT
FRAMEWORK
Mining for Development
Framework

Sustainable development is
defined as “development that
meets the needs of the present
without compromising the ability
of the future generations to meet
their needs” (United Nations,
1987)
SUSTAINABLE
DEVELOPMENT

Mainstream Paradigm
 Low Investment in Mining
 Generate employment
 Need for competitive rates
 Generate economic activity

DOESTHE MAINSTREAM
PARADIGM WORK FOR
DEVELOPING
COUNTRIES?

State ownership of natural resources
 All lands of the public domain, minerals, coal
and other natural resources are owned by the
State (Regalian Doctrine; Art 12, Sec. 2,
Constitution).
 Not limited to land but extends to “all natural
wealth found in the bowels of the earth”
(Republic vs. CA, 160 SCRA 228)
 State’s “full control and supervision” proceeds
from the recognition of the importance of the
country’s natural resources for national
economic development as well as security and
national defense (Miners vs Factoran, 240
SCRA 100)

Philippine Mining Act (RA 7942)
 Reiterates the Constitutional policies
 Because the State does not always have the
capacity to develop and utilize the minerals,
it may undertake exploration, development,
utilization, it may undertake these mineral
development activities by entering into
MPSAs, FTAAs and JointVenture Agreements
 DENR is mandated to administer and
regulate the conservation, management,
development and proper use of the State’s
mineral resources.

Laws and Policies on Mining
RepublicAct No. 7942 – Philippine
MiningAct of 1995 and its IRR
RA 7076 – People’s Small-Scale
MiningAct of 1991 and its IRR
Executive Order No. 79 (and IRR) –
Mining Policy of Aquino
Administration

Mineral Resources: RA 7942
 Philippine Mining Act of
1995 (RA 7942) is the
principal law regulating
mining and the mining
industry.
 This law shall govern the
exploration, development,
utilization and processing
of all mineral resources.

Mineral Resources: RA 7942
 Implementing
Mechanism: DENR
Mines and
Geosciences Bureau
(MGB); Provincial
Mining Regulatory
Board (PMRB) for
small scale mining and
quarrying

What is Mining?
 Mining – the process of extracting,
removing and disposing mineral
resources found on or underneath the
surface of private or public land or the
seabed
 Mining operation - means mining activities
involving exploration, feasibility,
development, utilization,and processing

What are minerals?What are the types
of mineral resources?
Minerals: all resources that come from the
soil
Types: a) metallic minerals, b) non-metallic
minerals and c) mineral fuels.
(a) Metallic minerals: gold, copper, nickel,
mercury
(b) Non-metallic minerals: limestone, sand
(c) Fossil fuels: coal, petroleum, natural gas

How is Mining Done?What are the
stages in a mining operation?
Stages in a Mining Operation:
1. Exploration
2. Development
3. Utilization
4. Mineral Processing
5. Decommissioning

Where is Mining allowed? What are the
permits and licenses issued?
 Mining shall be undertaken in all mineral
resources in public or private lands, including
timber or forest lands as defined in existing
laws. , shall be open to mineral agreements or
financial or technical assistance agreement
applications.
 Permits/Licenses: (a) Exploration Permit; (b)
Mineral Production Sharing Agreement (MPSA);
(c) Financial orTechnical Assistance Agreement
(FTAA)

Where is Mining Prohibited?
 Areas covered by valid mining rights and
applications
 Old growth or virgin forests proclaimed
watershed forest reserves,wilderness areas,
mangrove forests, mossy forests, national parks,
provincial/municipal forests, parks, greenbelts,
game refuge and bird sanctuaries as defined by
law in areas expressly prohibited under the
National Integrated Protected Areas System
(NIPAS) under Republic Act No. 7586,
Department Administrative Order No. 25 ,
series of 1992 and other laws.

Areas closed to Mining
 Areas identified by DENR Secretary after
a thorough study, such as “critical
watersheds”
 Areas identified as core zones and
restricted use zones under the
Environmentally CriticalAreas Network
(ECAN) of the Strategic Environmental
Plan (SEP) for Palawan
 Areas expressly prohibited by law

Areas where Consent is required for
Mining Activities
 In military and other government reservations,
 Near or under public or private buildings,
cemeteries, archeological and historic sites,
bridges, highways, waterways, railroads,
reservoirs,dams or other infrastructure
projects ,public or private works including
plantations or valuable crops
 Ancestral domains/territories of indigenous
peoples/communities

What processes does a mining operation
undergo?
1.Exploration –
looking into the
availability of
minerals and the
commercial viability
and feasibility of the
mining operation.

undergo?
2.Development – all
preparatory
work related to
mining, such as
construction and
infrastructure-
realted work.

undergo?
3.Utilization – actual
gathering of minerals.
Mining Operation
ng Narra Nickel
Corporation

Mining Operation of Platinum Group of Metals, Inc. (PGMC)

Gotoc Limestone Quarry Site of Rio Tuba
Nickel Mining Corporation (RTNMC) for its
Hydrometallurgical Processing Plant (HPP)
operations
Before
Now

undergo?
4. Mineral processing – conversion of raw
mineral into finished product.
5. Decommissioning and final mine
rehabilitation – all work related to
completion of mining operation and
restoration/rehabilitation.

Taming the Resource Curse Part 1

The MiningAct (RA 7942) and
Mining Policy Framework
 Allows 100% foreign
ownership participation in
mining exploration and financial
technical assistance agreements
(FTAAs)

Local Autonomy
 State shall ensure the autonomy of local
governments (Article 2, Sect 25, Consti)
 Local governments are entitled to an
equitable share in the proceeds of the
utilization

ROLE OF LGUS
 Implementation
of small-scale
mining act and
quarrying
requirements
 Monitoring of
mining and
quarrying
 Participating in
multisectoral
monitoring
teams (MMTs)

LGU Initiatives
 Passage of ordinances providing for
moratorium on mining and quarrying
activities
 Seek assistance from scientists and
technical experts to conduct a total
economic valuation or studies to assess
environmental impacts

Local Legislative Initiatives
 Mining Moratorium Ordinances (Capiz,
Mindoro, Sibuyan in Romblon, Eastern Samar,
Marinduque)
 Environmental Codes
 Establishment of local protected areas
(watersheds, marine reserves and sanctuaries)
 Filing of Environmental Cases (using the new
Supreme Court Rules on the Prosecution of
Environmental Cases)
 Advocacy for a new alternative mining law

Indigenous peoples’ rights
 The State recognizes and promotes the
the rights of indigenous cultural
communities within the framewrok of
national unity and development.
 IPRA (RA 8371) declares the promotion
of IP/ICC rights, including those over their
ancestral domain, a policy of the
statekkkkkk

Environmental Policies
 (note: first national policies directed at mining focused on
the development of mineral resources and were devoid
of any reference to environmental protection)
 Right to a balanced and healthful ecology under the
Constitution (Art 2, Sec 16)
 Phil Environmental Policy (PEP,1977)
 Phil Environmental Impact Statement (EIS) System
(PD 1586)
 International Environmental Laws and Philippine
treaty obligations (1992 Rio Declaration,UNFCCC,
CBD, UN Convention on the Rights of Indigenous
Peoples,Other Human Rights Instruments)

Local government empowerment
• LGUs get 40% of taxes, fees and royalties collected by
national government
• Part of multi-partite monitoring team and mind rehab fund
committee
Respect for indigenous cultural communities
• Free Prior and Informed Consent (FPIC)
Equitable distribution of gains of natural wealth
•Government share in MPSAs is amount equal to excise tax collected
•Government share in FTAAs includes corporate income tax, excise
tax, special allowance, withholding tax due arising from dividend or
interest payments to foreign nationals, duties and fees, etc.
Social and Environment safety nets under the
Mining Act

Social and Environment safety nets under the Mining
Act
Sustainability and environmental protection
•Environmental Work Program – at least 10% of exploration
costs
•10% of estimated project development cost devoted to
environment-related infrastructure
•Mine Rehabilitation Fund – about 3-5% of annual direct
mining/milling costs or Php 5 million, whichever is lower, plus
P50,000 for monitoring trust fund
•Environmental Trust Fund - Php 50,000 is replenished and
is to be used to compensate for damages apart from those
arising from mine waste and railings

Social and Environment safety nets
• MineWasteTailing and Reserve Fund –
Php0.05 for every ton of mine waste, Php
0.10 for mine tailings; used to compensate
for damages resulting from these
• Polluter’s tax – Php 50 for every ton of
waste disposed in unauthorized areas
• Final Mine Rehabilitation/Decommissioning
fund – variable cost including cost of 10-year
monitoring maintenance and monitoring
period

The Mining Act and Mining Policy
Framework
The Mining Act’s constitutionality was questioned in a
suit filed by the La Bugal-B’laan Tribal Association in
February 1997. The suit was against Australian-
owned Western Mining Corp, which entered into an
FTAA with Philippine Government.
In January 2004, the Supreme Court ruled that the law
violated constitutional prohibition against foreign
ownership of natural resources but later reversed itself
in Dec. 2014, saying that it was unwise “to strangulate
growth for parochial and narrow interests.”

La Bugal, et al. vs. Ramos, et al.
 In a dissenting opinion Justice Carpio said
the law negates the State’s ownership of
mineral resources as stated in the 1987
Constitution. The share of government in
terms of taxes, fees etc. are “not
contractual payments to the State as
owner of the mineral resources but are
mandatory exactions based on the taxing
power of government”.

Government Policy vis-a-vis Constitution
 Mining as an industry to
achieve Sustainable
Development (Mineral
Action Plan)
 Article 12, Section 2,
Paragraph 4 of the
Constitution --- “The
President may enter into
agreements xxx utilization
of minerals, petroleum
xxx based on real
contributions to the
economic growth and
general welfare of the
country.”

Policy Issues
Mining policy is structured to fulfill the
foreign market, catering to the need of
the global extractive industry players;
Export-oriented and Dependent on
foreign capital
Government prioritizes the
revitalization of the mining industry, as
expressed in the Mineral Action Plan
(EO 270 and 270-A)

Policy Issue
Overgenerous fiscal incentives
and other benefits to mining
corporations in the use of our
mineral and other resources

Mining revitalization: Government is
selling our national patrimony
 Mining Incentives under Mining Act of 1995
 Incentives of the Omnibus Investment
Code of 1987
 Investment Guarantees
 Repatriation of Capital
 Freedom from Expropriation
 Remittance from earnings and
interest on foreign loans
 Freedom from requisition of
properties
 Confidentiality of Information

Mining revitalization: Government is
selling our national patrimony
 Mining Incentives under 1987 Omnibus
Investment Code
 Fiscal incentives: tax exemptions, tax
credit on raw materials and supplies,
additional deductions from taxable
income
 Non-fiscal incentives: employment of
foreign nationals, simplified import
procedures, 10-year imports of
consigned equipment

Incentives under Philippine Mining
Act
 Tax Holiday during recovery of pre-
operating expenses for a maximum of 5
years from commercial production (FTAA)
 Income Tax carry forward of losses
 Income Tax accelerated depreciation of
fixed assets
 Exemption from payment of real property
taxes on pollution control devices

More benefits to mining corporations
in the use of our natural resources
(i) preference of “mining rights” over “surface
rights”
(ii) provision of “income tax holiday” under the
Omnibus Investment Code or EO 226 and
other “tax incentives” under the Special
Economic Zone Act or RA 7916
(iii) Provision of ancillary rights like “timber
rights, water rights, easement rights”

Not a Single Centavo from Mining Companies
“xxx the 1987 Constitution mandates the State to
exploit our mineral resources through direct
undertaking, joint venture, or co-production
arrangements. The purpose is for the State, as owner
of the mineral resources, to receive its fair share in
the profits from the exploitation of our mineral
resources. Sadly, for the last 20 years the State has
not received a single centavo from the profits of
mining companies.”
Supreme Court Justice Antonio Carpio on Closing the Gaps between Law
and Justice, Regional Convention of Mindanao lawyers on November 30, 2007,
Davao City

Policy Issues
 Mineral
Exploration is
exempted from
the EIA
requirements
under PD 1586
 Allowing “open pit
mining” (cheap, fast
and easy to do but
destructive to the
environment)

Legal Issues
 Unclear rules and regulations on the
implementation of the 1% royalty share for
the affected Indigenous
Peoples/Communities
 Non-compliance with environmental laws,
safety standards and permit requirements
 Institutional: Weak regulatory mechanisms;
weak Implementation of existing laws

Consent and Acceptability Issues
Effect of Moratorium
Ordinances of LGUs
Effect of Free, Prior and
Informed Consent (FPIC)
under the Indigenous Peoples’
Rights Act (IPRA, RA 8371)
Social Acceptability processes

Weak Implementation
 Mining activities have been allowed in watersheds,
protected areas and core zones
◦ Violation of RA 7611 or Strategic Environmental Plan
for Palawan (SEP), which provides that all natural
forests (old-growth or residual forests) are areas of
maximum protection (Section 9, RA 7611)
 Allowing large-scale corporations to apply for small-
scale mining permits while their large-scale mining
permits or MPSAs (mineral production sharing
agreements) are being processed and pending
approval

Weak implementation
 Small scale mining has been allowed in
areas where no small-scale mining
reservations (minahang bayan) were
established

•
Small Scale Mining Permits issued in areas without small scale
mining reservations (minahang bayan )

Cost and Risks of Mining
vis-à-vis
Biodiversity, Food Security,
Human Dignity

Introduction
 Questions/Issues
◦ Can mining be
sustainably undertaken
in these places, given
existing remediation
technology?
◦ Should mining be
allowed in island
ecosystems?
◦ Is it worth the risk?

Island Ecosystems
 Unique, Fragile andVulnerable
 Distinction:
◦ Evolution of flora and fauna has taken place in
relative isolation
◦ Endemism and rich biodiversity
 Many remote islands have some of the most unique
flora in the world; some have species of plants and
animals that are not found anywhere else, which
have evolved in a specialized way, sheltered from
the fierce competition that species face on
mainland. (http://www.eionet.europa.eu/gemet/concept)

Biodiversity Status of Islands with Existing and
Proposed Mining Projects
Island Ecosystem Conservation
Priority Area
Priority Level Protected Areas Area in hectares
1. Dinagat Island
(Mt. Kambinlio & Mt.
Redondo)
Extremely High Critical 85,955.42
2. Marinduque Marinduque Very High 33,575.42
3. Mindoro Included in the list of
Endemic Bird Areas
Lubang island,Mindoro
Occidental
Mt. Calavite,Mindoro
Occidental
Very High 19,668.82
Puerto Galera Extremely High Critical UNESCO Man and
Biosphere Reserve
39,144.83
Mt. Halcon Extremely High Critical 62,949.51
Naujan Lake National
Park
Very High Naujan Lake National
Park
25,361.82
Sablayan,Mindoro
Oriental
Iglit and Baco
Mountains,Mindoro
Occidental
Extremely High Critical Mt. Iglit Baco National
Park
47,482.84

4. Palawan Included in the list of
Endemic Bird Areas
Coron Lakes Extremely High
Critical
1,219.94 hectares
Cuyo Island Extremely High
Critical
12,302.58
El Nido Extremely High
Critical
101,985.53
Lake Manguao Insufficient Data 1,226.33
SanVicente-Roxas Forests Extremely High
Urgent
152,430.89
Puerto Princesa
Subterranean River
National Park (Cleopatra’s
Needle)
Extremely High
Critical
Puerto Princesa
Subterranean River
National Park
134,987.00
Victoria andAnepahan
Ranges
Extremely High
Critical
182,456.06
Mt. Mantalingahan Very High Mt. Mantalingan
Protected Landscape
169,406.09
Ursula island Extremely High
Critical
1,157.22
Balabac Group of Islands Insufficient Data 35,277.60

5. Romblon
Sibuyan Island
(included in the list of
endemic bird areas)
Extremely High
Critical
Mt.Giting Giting
Natural Park
32,033.30
BalogoWatershed
(Romblon-Tablas;
included in the list of
endemic bird areas)
Very High
6.Samar Island Situated in Eastern
Visayas which has
been identified as an
area where endemic
bird species are
located
Samar Island Natural
Park
Mt.Cabalantian – Mt.
Capotoan Complex
Extremely High
Critical
398,116.97
Southern Samar
Mountains
Very High 60,813.16

Policies:International Guidance
 Chapter 17, Agenda 21: seeks the protection of the oceans
and all kinds of seas, identifies small island developing States
and islands supporting small communities as special cases for
environment and development, being ecologically fragile and
vulnerable.
 Comprehensive Framework for Small Island Developing States
(SIDS)
◦ Recognition that many problems are directly related to the small size of
these States, and that the small size of SIDS“means that the
environment and development are closely interrelated and
interdependent”.

Policies:National Laws
 No specific legislation on all island ecosystems
in the Philippines
 Strategic Environmental Plan for Palawan (SEP,
RA 7611) as a special legislation
 National Integrated Protected Areas System
(NIPAS, RA 7586)
 Philippine Wildlife Conservation Act (RA 9147)
 Local Government Code (RA 7160)
 Philippine Fisheries Code (RA 8550)

Policies:Administrative Issuances
 DENR Administrative Order No. 83 (2000):
Guidelines for the Management And
Development of Small Islands, Including Its
Coastal Areas
◦ Small Islands are defined as islands/islets with an
area of not more than 50,000 hectares.
◦ Island Physical Framework Plan (IPFP) to define
the boundaries of the islands/island groups and
their coastal areas, including foreshore and
nearshore areas
◦ Small Island ManagementAgreement (SIMA) as
legal instrument

DENR Administrative Order 83, 2000
 Islands/Islets less than 500 hectares - strict conservation
areas; not for alientation and disposal
 Islands/Islets 500 hectares up to 5,000 hectares -
restricted use; land titling limited to those with pending
applications on classified alienable and disposable lands
as of the effectivity of this Order
 Island/Islets above 5,000 hectares up to 50,000 hectares
- open to sustainable development; land titling may be
undertaken in certified alienable and disposable lands

DENR AO 83, 2000
 Valid and existing mineral agreements in highly mineralized
islands/island groups (declared as such by the Secretary) and
whose residents are economically dependent primarily on
mining activities shall be allowed to continue until the
expiration of the mining permit. Renewal of mining permits
shall only be granted if this is included in IPFP and an
Environmental Compliance Certificate shall have been
secured.
 All development activities subject to the requirement of the
Environmental Impact Statement (EIS) System.

21 Abandoned Mines
“Abandoned
mine sites pose
environmental
and health
risks” –
TetraTech for MGB

Bagacay, Samar
Loan from World Bank for Rehabilitation of Bagacay Mines:
34.7 million pesos

Impacts and Damages
• Household, community displacement
from subsistence or livelihood activities
• Reduced access or availability of local
water supply for in-site and off-site areas
• Unpaid use and depletion of groundwater
• Pollution of surface water and aquifer
• Leakages, overflowing or collapse of
tailings dam
• Loss of biodiversity
• Impacts on health

Marinduque
DAMAGES:
US$80 million or
higher
Acid Mine Drainage: Dead Boac and Mogpog Rivers

Heavy Metal Poisoning
Marinduque

Contaminated Tailings, mud and
silt that flowed downslope towards
the sea.
(Ungay and Hollowstone)

Rapu-Rapu,Albay
Fish Kill in Rapu-Rapu in 2007

Didipio, NuevaVizcaya
R E S O L U T I O N
CHR (IV) No. A2011-004
Some Findings
Violations:
• Right to Residence
• Right to Adequate Housing and Property
Rights
• Right to Freedom of Movement
• Right not to be subjected to arbitrary
interference
• Right to Security of Persons
• Right to manifest their Culture and Identity
of the Indigenous Community
Others:
OGPI must exercise great caution in
exploiting the water resource of Didipio,
possibly endangering the Community’s
Fundamental Right to Access to Clean
Water.
Some Conclusions
• Consider the probable withdrawal of the
FTAA granted to the foreign company in
view of the gross violations of human
rights it has committed
• Advice OGPI to consider the findings
above and conduct a policy re-orientation
on the conduct of mining operation taking
into conscious account the observance of
human rights of the community involved

Mt. Canatuan
Mining
Site
Siocon, Zamboanga del Norte

Claver, Surigao del Norte
Pollution of coastal areas
Siltation due to Taganito Nickel Mining activities
(Photo taken on December 2012 by Erwin Mascarinas)

Padcal, Benguet
Damaged Tailings Pond No. 3 discharged
more than 20 million metric tons of solids

Gray sandy sediment build up on river bank.
This build up is NOT natural to the
Balog creek.
Padcal, Benguet

Murky waters of the Balog River
Padcal, Benguet

Funds
CLRF
MRF MWTFRFFMR/DF
MTF RCP
Contingent Liability Rehabilitation Fund
10% of the total amount
needed to implement the
Environmental Protection
and Enhancement Program
(EPEP) or P5 million,
whichever is lower
Rehabilitation Cash FundMonitoring Trust Fund
P150,000
Mine Waste Tailings Fee
Reserve Fund
( P0.05/MT of
mine waste) x
(assessed
volume)
Full cost of final
rehabilitation
including
maintenance
and monitoring
for 10 years
after closure
Final Mine Rehabilitation
and Decommissioning
Fund
Mine Rehabilitation Fund

FINE: P 1B - tailings fee
P 92M - for three violations
of the Clean Water Act
Padcal, Benguet

Mining in Mt. Mantalingahan
Protected Landscape
 MMPL established by
Proclamation 1815 in
2009 covering 120,000
hectares
 5 municipalities
 33 watersheds
 MPSAs issued
 Land UseValuation
shows enormous
benefits from water
and biodiversity
resources

Potential Sand and Gravel and Nickel Reserves
Amount Value
Sand and Gravel* 11,044,104 m3 2.2 billion pesos
Nickel** 268,010 mt 12.8 billion pesos
TOTAL 15.0 billion pesos
*The volume of sand and gravel reserve was estimated on the
assumption that the total mineable length is 10% of the total
length of all the rivers in the watersheds and at a price of
P200/m3
** The value for nickel was computed at P47,810/mt
Mt. Mantalingahan, Palawan

Mt. Mantalingahan
Total Economic Value (TEV)
THEVALUE OF ENVIRONMENTAL GOODS AND
SERVICES PRODUCED FAR EXCEEDSTHE NET
BENEFIT FROM MINING
Direct Use
(timber,farming, livestock production,non-
timber forest products gathering, river-based
livelihood,water and mining)
93.9 billion pesos
Indirect Use
(carbon stock, soil, conservation,watershed
and biodiversity functions, and protection of
marine biodiversity)
TOTAL ECONOMICVALUE
(2% discount)
172.1 billion pesos
266.0 BILLION
PESOS

Tampakan
Water supply for the nearby villages and agricultural lands of the four
provinces will be compromised

Tampakan
Proposed Open Pit Mine

Tampakan
“…this brings about
a situation in which
a responsible open-
pit mine of this
magnitude does not
seem feasible.”

POVERTY INCIDENCE IN
MINING PROVINCESPoverty Incidence of Select Provinces
with Mining, 2012
Philippines 25.2
Benguet 3.7
Zambales 16
Palawan 26.4
Albay 41
Masbate 51.3
Cebu 22.7
Eastern Samar 63.7
Leyte 39.2
Zamboanga del
Norte
54.4
CompostelaValley 36.7
Agusan del Norte 34.7
Surigao del Sur 36
Surigao del Norte 41.8

NEW MINING POLICY
NEEDED
Bridging the Gap between Law
and Justice

4 NECESSARY CONDITIONS
MINING DEVELOPMENT
FRAMEWORK
Good
governance
of the public
and
extractive
sector
Link the
extractive
sector and
the rest of
the
economy
Fair share in
the extraction
of resources
Institutional
capacity

Proposal
 Evidence-based and grounded on national
consensus and a balancing of stakeholder interests
 Accurately accounts for benefits and costs in order
to make rational decisions
◦ Currently, we are not able to accurately measure benefits
and costs, and this is so fundamental
◦ Environmental and social costs are high but can be
mitigated if done properly.
 Extractive Industries Transparency Initiative
 Environmental and Social Impact Assessment (ESIA)
 Strategic Environmental Assessment (SEA)
◦ Critical island ecosystems need to be closed off to mining
(i.e. NIPAS, SEP)

Alternative:Minerals Management
Bill (Pending in Congress)
 Perspective:
◦ Conservation of non-renewable mineral
resources
◦ for the benefit of the present and future
generations of Filipinos
◦ adopting a sustainable, rational, needs-based
minerals management
◦ towards effective utilization of mineral
resources for national industrialization and
modernization of agriculture

Minerals Management Bill
 Multisectoral Minerals Councils
 Prohibit open-pit mining
 No-Go zones for Mining; Protect Island
Ecosystems
 Mineral agreements reserved for Filipino
citizens and corporations (area: 500 to
750 hectares for a maximum of 15 years)
 Establish corporate transparency and
accountability

Taxation to
reflect current
context of the
Philippines
Promote slow
utilization of minerals
to give leeway in
strengthening
institutions
Recommendations
Weak institutional
policy Design tax regime
that ensures profit
for mining
companies but at
the same time gives
government and
local communities a
fair share from their
resources
Weak regulatory
capacity
Biodiversity hotspot
Limited
implementation of
good governance
measures
Weak tax
administration

Areas for Reform
 STRENGTHENING MONITORING OF
IP ROYALTIES
 INSTITUTIONALIZING
ACCOUNTABILITY MECHANISMS
 STRENGTHENING REGULATORY
CAPACITY
 DEVELOPMENT OF DOWNSTREAM
INDUSTRY

Taming the Resource Curse Part 1

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