A Benguet Corp. Inc. (BCI) official on Monday rejected a proposal raised by Itogon, Benguet, Mayor Victorio Palangdan to halt the mining firm’s operations while rehabilitation work on its tailings dam is under way.
BCI Administration Head Froilan Lawilao pointed out that a shutdown of operations of Acupan and Antamok mine sites will displace some 3,000 contract miners, aside from the 700 regular employees of the firm.
“The overall economic growth of the mineral-rich town could be affected, further adding to the predicaments of unemployment and lack of livelihood opportunities for residents of Itogon,” Lawilao added.
He was reacting to Palangdan’s proposal to cease operations while BCI’s tailings storage facility 2 and 2A are being retrofitted with a higher dam elevation.
The company is working to raise the dam height from 168 meters to 175 meters in order to forestall possibilities of spillage of its contents to downstream communities and villages, Lawilao said.
But Palangdan said the work is not covered by a certification from the National Commission on Indigenous Peoples (NCIP), which, he pointed out, is needed because the work is within the domain of an indigenous community.
Aside from this, Palangdan said the work poses danger to the same communities and villages BCI seeks to protect by raising the dam height.
Lawilao, a lawyer, said the NCIP itself said that there is no need for a free and prior informed consent certification for the work because the dam was already in existence prior to the passage of the Indigenous Peoples’ Rights Act of 1997.
Aside from this, Lawilao said that the scope of work is covered by BCI’s approved Environmental Compliance Certificate issued by the Department of Environment and Natural Resources.
He explained that the series of negotiations conducted by the company with the affected residents of Batuang, Lower Dalicno and Maligaya as per the advice of Mayor Palangdan resulted in the signing of the final agreement on January 31 when residents themselves allowed the refurbishing work to be pursued.
“We beg to take exceptions to the assertions of the municipal mayor that the BCI has failed to provide relocation site for the affected communities and the lack of contingency, rehabilitation and restoration plans,” Lawilao said.
Under the agreement, two relocation areas have been identified.
“Even granting without admitting that the identified relocation areas will not be feasible in the event that it is needed under certain conditions, there is no question that BCI is still obligated by law and by the contract to assist the affected residents in their relocation to a suitable area,” Lawilao said.
Despite these explanations, the BCI official still called on all stakeholders to judiciously consider the position of the mining company by the communities and villages of Itogon and the local government units of the town.