Koronadal City—A coalition of environmental advocates, faith-based organizations, Indigenous Peoples (IP) groups, and civil society organizations (CSOs) gathered on October 2, 2024, to file a legal case seeking the cancellation of the Financial and Technical Assistance Agreement (FTAA) extension granted to Sagittarius Mines, Inc. (SMI) for the Tampakan Copper-Gold Mining Project. The case was filed at the Regional Trial Court Branch 24 in Koronadal City, South Cotabato.
Leading the charge were the Social Action Center of the Diocese of Marbel, the Legal Rights and Natural Resources Center (LRC), and the Philippine Misereor Partnership, Inc. (PMPI). They were joined by several other concerned groups, including the Columbio Multi-Sectoral Ecology Movement (CMEM) and the Convergence of Initiatives for Environmental Justice (CIEJ), who marched in protest to the courthouse. The coalition is challenging the validity of the 12-year FTAA extension granted to SMI in 2016 without the required presidential approval or the consent of affected communities.
The contested FTAA, a special contract allowing foreign corporations to explore and develop mineral resources in the Philippines, was originally set to expire but was unilaterally extended by the Mines and Geosciences Bureau (MGB) without undergoing the necessary consultation process with local communities. The coalition contends that this extension was illegal, bypassing constitutional safeguards that require full presidential oversight and the prior informed consent of Indigenous communities and other stakeholders.
The Tampakan Copper-Gold Project, one of the largest undeveloped copper-gold deposits in Southeast Asia, is located in South Cotabato, a region known for its rich agricultural production. The project has long been a point of contention due to its environmental and social impact. The site covers 10,000 hectares and is estimated to produce 375,000 metric tons of copper and 360,000 ounces of gold annually once fully operational. However, it also poses significant risks to the environment, the livelihoods of local farmers, and Indigenous communities residing in the area.
Opponents of the project argue that open-pit mining, the method planned for use in Tampakan, threatens the fragile ecosystem of the SOCCSKSARGEN region. Critics are particularly concerned about the potential destruction of the Marbel-Buluan Watershed, which serves as a critical water source for local agriculture and fisheries. South Cotabato is a leading producer of rice, corn, and high-value crops like pineapple, coffee, and bananas. The coalition fears that toxic waste and sediment from the mining operations could pollute water systems, resulting in long-term damage to farming and fishing livelihoods.
In recent years, the open-pit mining ban in South Cotabato had offered a temporary reprieve to those opposed to the project. However, this ban was overturned in 2022, clearing a major hurdle for the mine to proceed. Governor Reynaldo Tamayo Jr. has faced mounting pressure to reinstate the ban to safeguard the region’s environmental health and agricultural productivity.
“The extension of the FTAA was done without transparency, without the consent of the people who will be most affected, and without the required presidential approval. This is a gross violation of the law and the rights of local communities,” said a spokesperson for the Legal Rights and Natural Resources Center during the protest.
The coalition is calling on the Regional Trial Court to declare the FTAA extension null and void, citing constitutional violations and the lack of due process. They also urged Governor Tamayo to reinstate the open-pit mining ban and prioritize the protection of South Cotabato’s natural resources.
As legal proceedings begin, the outcome of this case will be closely watched, not only by environmental advocates but also by investors in the mining industry. The decision could set a significant precedent for mining operations across the Philippines, especially in areas where local communities and environmental considerations are in conflict with large-scale extractive projects.
