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Wednesday, September 25, 2024

Miners Coalition Finalizes Proposed Amendments to People’s Small-Scale Mining Act


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Officers of the National Coalition of Small-Scale Miners in the Philippines, Inc. (NCSSMPI), along with representatives from the Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP), International Labor Organization (ILO), BAN Toxics, and the Mining and Geosciences Bureau (MGB) of the DENR, concluded a two-day roundtable discussion on the proposed amendments to RA 7076, or the People’s Small-Scale Mining Act.

Held on September 19 and 20, 2024, at the TUCP Office in Quezon City, attendees reviewed and suggested further revisions to House Bill (HB) 6408, titled “An Act Amending Republic Act No. 7076, Otherwise Known as ‘An Act Creating a People's Small-Scale Mining Program, and for Other Purposes.’” HB 6408 was filed in Congress on November 28, 2022 by Deputy House Speaker Raymond Democrito Mendoza of the TUCP Partylist. On August 28, 2024, the bill was approved by the House Committee on Environment and Natural Resources.



According to NCSSMPI’s newly elected president, Josephine Balonga, the coalition has been pushing for amendments to RA 7076 since its founding in 2016. “The 30-year-old RA 7076 is already outdated. Its provisions generally hinder the full potential of the small-scale mining sector.”

The proposed amendments in HB 6408 seek to address the exorbitant costs of formalizing a Minahang Bayan or People’s Mining Area, the limited validity of mining contracts, and the legal barriers posed by the current definition of small-scale mining under RA 7076, among others.

Currently, RA 7076’s definition of small-scale mining restricts miners to manual labor and rudimentary tools, prohibiting the use of modern machinery and other methods. The law also limits small-scale miners from extracting minerals other than gold.

Balonga also noted that the application requirements for legalizing or formalizing small-scale mining operations are nearly the same as those for large-scale mining, which she described as “unfair and difficult for the sector because small-scale miners do not have the same resources as large-scale operations.”

“As small-scale miners, we aim to contribute directly to our nation’s wealth while ensuring environmentally sustainable mining practices. But we can only do this if we are formalized and supported by our government,” Balonga added.

There are an estimated 500,000 artisanal and small-scale gold miners in the country, with millions more indirectly relying on the sector for their livelihoods. According to research by BAN Toxics, the sector is closely linked to extreme poverty and is generally considered illegal in the country. The industry remains heavily unregulated, with incidents of fatal accidents, child labor, inhumane working conditions, and rampant use of highly toxic mercury.

Arleen Honrade, of BAN Toxics’ Community Development Unit and the Coalition Secretary, emphasized that, aside from amending RA 7076, the government should also explore ways to support mercury-free technologies for small-scale miners.

Small-scale gold mining accounts for an estimated 70-80% of the country’s total gold reserves. Small-scale miners are mandated by law to channel their gold produce to the Bangko Sentral ng Pilipinas (BSP).

According to Balonga, the Coalition will intensify its lobbying and campaign efforts in the coming weeks to gather support from lawmakers.

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