Proposal to force mining firms to obey

The Proposal I Submitted to Potrop Duterte 
to Force Mining Companies to Obey Laws


PROPOSAL OF ACTIONS TO BE DONE IN THE MINING INDUSTRY

It is proposed that the following actions be implemented in order to achieve justice, efficiency and environmental compliance in so far as the mining industry is concerned.

1. ISSUE A MEMORANDUM TO ALL MINING COMPANIES TO SUBMIT SWORN STATEMENTS OF COMPLIANCE WITH WHAT THE LAWS REQUIREwhich is for the purpose of gathering information as to what really have been happening on the ground so that the DENR will have bases to form a new policy or rules or regulations, SUCH AS:


a. ROYALTY FEE of 1% as minimum based on the gross production as provided for by the mining act to be paid by the mining company to the tribal community owning as ancestral domain/title holders for mining within the parcel of lot covered by the same ancestral domain/title -- The statements shall be supported by receipts of payments as signed by the respective beneficiaries who are chieftains or datus or elders, with a warning that receipts certified by NCIP or NCIP officers are not acceptable as proofs of payment;


b. 40% SHARE of local governments that are hosts of mining operations as their right under Section in the utilization of national wealth -- The statements shall be supported by receipts of payments as signed by the official treasurers of the respective local government units (province, municipality or city, barangays);


c. 60% SHARE of the national government and that there must be proof of payments;


d. PROOF OF FREE AND PRIOR INFORMED CONSENT (FPIC) -- if applicable, which shall be certified by the NCIP and the datus concerned


e. PROOF OF ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) and proof of public hearings conducted prior the issuance of ECC, with photos of hearings where hearings must have been certified as correct by the people concerned;


f. NEWEST AREAL PHOTOS of the mining sites showing the extent of the excavations and areas of actual mining activities;


g. PRODUCTION DATA SINCE THE START OF THE OPERATIONS -- must be independent of the data that may by given by the Mines and Geosciences Bureau (MGB);


h. EXPORT DATA SINCE THE START OF THE EXPORTS DONE BY THE MINING COMPANIES;


i. OTHERS, that the DENR thinks are must for data gathering with the end view of coming out with new policy or rules or regulations to be issued or promulgated in the exercise of executive powers of the President


2. REQUIRE THE MINES AND GEOSCIENCES BUREAU (MGB) to submit reports of production of all mining companies and reports of exports made;


3. REQUIRE THE BUREAU OF CUSTOMS TO SUBMIT REPORTS OF EXPORTS MADE BY MINIING COMPANIES;


4. AFTER DETERMINING THE PROBLEMS AND SOLUTIONS, RECOMMEND THE SOLUTIONS TO FORM PART OF THE NEW DEPARTMENT ORDER/CIRCULAR TO BE ISSUED TO BE FOLLOWED, AND RECOMMENDED ARE THE FOLLOWING;


a. The mining companies shall be required to submit monthly reports of payments with proofs of payments made as to the royalty fee of 1% and the share of local governments in the national wealth utilization;


b. All travel permits for hauling ores must be required to be signed not only by the MGB, BUT ALSO BY THE LGUs CONCERNED and the TRIBAL CHIEFTAINS CONCERNED;


c. All mining companies must submit quarterly reports of payrolls to its employees to the DOLE to ensure compliance with minimum wage laws


d. OTHERS that the DENR may think of;


5. PARALLEL MONITORING SYSTEM -- The Office of the President must organize a call center for the purpose of monitoring whether there has been compliance with each step of the way, of following up compliance, and of ensuring that compliance is achieved -- where the mining companies shall be required to furnish the call center a copy of all documents to be submitted like reports of payments of royalty fee and shares, submission of gross production reports for each month, submission of exports reports, submission of, etc 


6. FORMULATION OF POLICY SUCH AS TWO-STRIKES RULE OR ONE-STRIKE RULE -- that if any of the violations of any requirements to be decided shall be meted fine in the first instance and suspension in the second instance and revocation of licenses and permits in the third instance.


7. PREVENTIVE SUSPENSION FIRST BEFORE EXPLANATION for all officials being complained, whether the complaints appear meritorious or not, that must be done as a matter of policy before reinstatement to the post after determination of PRIMA FACIE acquittal, where the administrative case shall proceed despite reinstatement;

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