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Blog EntryThe Wolf TrapMay 16, '07 11:17 PM
for everyone
The Wolf Trap

(first published in the Zamboanga Peninsula Journal, February 2007;
legal writing assignment under Prof. Adel Tamano)

In the 18th century, indigenous people from Northern Europe would hunt wolves by using an ingeniously cruel wolf trap. This trap consists of a bloodied knife blade frozen into winter ice. When the wolf smells blood, it starts licking the blood off the knife, eventually cutting its own tongue on the sharp blade. The wolf licks at the knife in a maddened frenzy, unaware that it was drinking its own blood. The wolf’s blood attracts others nearby who would attack the trap’s victim and one another. With a single trap, the entire pack of wolves are killed.

Similarly, mining in the Philippines operates like the wolf trap. Blessed with the fifth largest reserve of gold and copper in the world, the Philippines boasts of nine million hectares of potential mining land - of which just 1.4 is covered by mining permits.[1] Thus, the government is all too eager to grant mining concessions with added fiscal and non-fiscal incentives under the R.A. 7942 or the Philippine Mining Act of 1995. Is the system of mineral resources exploration, development, utilization and conservation really beneficial or is it slowly killing our environment through bleeding to death by our own undoing? In an attempt to implement the RA 7076 or the People’s Small Scale Mining Act of 1991, are big firms skirting the legal safeguards for environmental protection?

One example is the case of Tubay, Agusan del Norte. Estimated mining reserves of Tubay amounting to 1,566,139 MT of gold[2] were offered to a firm, which obtained a permit to engage in “small-scale” mining. This permit is questionable, and thus, should be revoked, on four grounds, namely:

1. The municipal council may award only one small scale mining contract per year;

2. The Local Government Code was violated;

3. The operation of the firm does not fit the definition of small scale mining;

4. Protected areas closed to mining were included in the permit.

First, RA 7076 or the People’s Small Scale Mining Act of 1991, states: “A people’s small scale mining contract may be awarded by the Board [municipal council]… provided that only one people’s small scale mining contract may be awarded at one time to a small scale operator within one year from date of award.” According to reports of the local church and environmental groups in the community, several corporations were organized to circumvent this law on awarding of mining contracts.

Second, there were violations of the Local Government Code because of the open gestalt between the practices there and what the law stipulates. Sec. 447 of the said Code states the duty of the sangguniang bayan to: “(i) Provide for the establishment, maintenance, protection, and conservation of communal forests and watersheds…; (iv) Adopt measures to protect the inhabitants of the municipality from the harmful effects of man-made or natural disasters and calamities… (vi) Protect the environment and impose appropriate for acts which endanger the environment, such as… activities which result in pollution, acceleration of eutrophication of rivers and lakes or of ecological imbalance;”[3]

Third, “small scale mining,” as defined in RA 7076, refers to “mining activities which rely heavily on manual labor using simple implements and methods and do not use explosives or heavy mining equipment.” Since heavy mining equipment, explosives, and mineral transport barges were employed by mining concessionaires in Tubay, the operations should not be considered small scale.


Lastly, Sec. 19(f) of the Mining Act of 1995 delineates: “Areas Closed to Mining Applications… Old growth or virgin forests, proclaimed watershed forest reserves, wilderness area…provincial/municipal forests… bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Area System (NIPAS) under RA No. 7586 other laws.” Unfortunately, the mining permit of the corporations covered areas that are expressly closed to mining applications as stated in the law.

These four points prove the imminent environmental threat in Tubay, as well as similar situations in other provinces that have borne witness to the ill-effects of unabated natural resource exploitation. The crux of the legal issue lies in multi-sectoral emphasis on environmental law enforcement, governance and jurisprudence.

Rather than succumb to the wolf trap of satiating our nation’s temporal economic desires, we must also take into account the “right of Filipinos to a balanced and healthful ecology as associated with the twin concepts of ‘inter-generational responsibility’ and ‘inter-generational justice.’”[4] Otherwise, what shall befall us is a slow, painful death, at the hands of our own greed.

-for verification, please contact:

Vida Soraya Salih Verzosa,
Ateneo Law Student,
vsorayav@gmail.com
Wordcount: 737 Words

Footnotes:
[1] Philippine Embassy - USA, A PRIMER ON MINING IN THE PHILIPPINES: http://www.philippineembassy-usa.org/other/miningprimerrp.htm

[2] Government of Agusan del Norte, Economic Information: http://www.skyinet.net/~ppdoadn/location.html

[3] Tanggol.org, Philippine Laws on the Environment: http://www.tanggol.org/environmental_laws/index_elaws.htm
[4]JUAN ANTONIO, ET AL. vs. FULGENCIO S. FACTORAN, JR., ET AL., G.R. No. 101083 July 30, 1993: http://www.lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html


Blog EntrySuperman is Moro By Adel A. TamanoNov 15, '06 3:30 PM
for everyone

Problems of identity, alienation, integration

Superman is Moro

By Adel A. Tamano

First of two parts

SUPERMAN is a Moro. How do I know this? He has too many similarities with the contemporary Moro that simple logic reveals his true identity and ethnicity. Let’s turn to the facts which confirm that, indeed icon, this of goodness, truth and decency, the man of steel, is a Filipino Muslim.

Proof No. 1: He has a Moro name. This is the biggest give-away—Kal-El is the real name of Clark Kent, Superman’s mild-mannered alter ego. His given name is incredibly similar to common Filipino Muslim names like Khalil or even Ysmael and Abdul. In fact, for this reason, for him to get a job in the Philippines, he would have to use a pseudonym. According to the latest Social Weather Stations survey, Filipinos prefer hiring people with Christian-sounding names than those whose names appear to be of Islamic etymology.

Without a doubt, within the context of the global war on terrorism, wherein the usual suspects are those of the Islamic faith, it becomes easy to rationalize the preference. It needn’t be rooted any longer in stereotypes of Moros as violent, aggressive, and vicious, the classic juramentado, but can be much more easily and socially acceptable on the basis of general security concerns.

While liberalism encourages and advances the renunciation of discrimination and stereotyping, new anxieties about terrorism and safety provide seemingly liberal-minded people a basis for discriminating against Muslims without the concomitant guilt. In fact, honestly, whom would you prefer to hire as your clerk, manager, driver, etc., Kal-El, or Clark?

Proof No. 2: He has to keep his real identity a secret. Imagine how difficult it must be for a person with the power to fly, smash through walls, bounce bullets off his chest, and x-ray vision to keep these phenomenal abilities secret. Most people would want to shout it out to the world, publicize it, and, ultimately, capitalize on it. But Superman is different. And wise. He knows that in the increasingly globalized and homogenized world, being alien, different, and outside the norm is a surefire way to becoming ostracized and misunderstood. This is the reason why he dons his suit and tie. This is the supreme irony: it is his corporate attire and not the blue tights with the Superman logo and big red cape that is his real costume. The coat and tie conceals his authentic identity—as an alien and, ultimately, an outsider.

This is the same situation that the Moro faces; a case in point is the fact that many Filipino Muslims, when interacting with the Christian majority, have to adopt Christian names—Michael instead of Muhammad—as a way of sidestepping discrimination. This too is an aspect of an emerging Moro culture of keeping things hidden and undercover. The name itself is a costume, a camouflage, to conceal the reality of being Muslim and therefore different from the Catholic majority.

In fact, Moro women, particularly in Metro Manila, suffering daily the indignities of subtle discrimination, such as Taxi drivers refusing to accept as passengers veiled (hijab-wearing) Muslim women, are forced to forego using the hijab when taking public transportation, keeping their Muslimness incognito. For both Moro genders, the badges of being a Moro, which include the cultural traits of the Moro as Maranaw, Maguindanao, or Tausug, as well as the indivisible Islamic element that infuses the culture of these Muslim tribes, such as headscarves, Moro hats (kupya), beards and prayer beads, are eschewed for modern clothing for easier acceptance.

Even prayer, the most fundamental of human actions, with man communing with his creator, has to be done clandestinely. It is not difficult to recall the recent furor that was raised over the request of Moro merchants in Greenhills to build a small prayer room so that they could perform salah (prayer). Some prominent members of Philippine society vehemently objected, using the media as their forum, to the establishment of the prayer room, at times using the most racially and ethnically discriminatory of arguments.

Proof No. 3: He is forced not to wear his ethnic costume. This is really a corollary to No. 2, but the use of clothing to emphasize and express pride in one’s culture only makes sense in a world without prejudice, particularly when one belongs to a minority. In this world, wherein intolerance abounds, emphasizing cultural pride, particularly when it is Moro pride, produces real-world problems.

Interestingly, some Moro women, and their counterparts in the West, have taken to wearing the veil as an overt political statement, a reaffirmation of their Islamic faith in the face of discrimination. It is worn, literally, as a badge of fearlessness and courage knowing that an intolerant society will make them suffer, in ways subtle and otherwise, for their beliefs.


Adel A. Tamano is a lawyer who obtained his master of laws at the Harvard Law School as a graduate program scholar and Islamic legal studies scholar. He took his master of public administration at the University of the Philippines and his juris doctor and A. B. in Economics at the Ateneo de Manila University. He has authored two law books and published a handbook on Impeachment under the 1987 Constitution and Impeachment of Justices of the Supreme Court, a policy analysis.

http://www.manilatimes.net/national/2006/may/03/yehey/opinion/20060503opi6.html


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