What role can the military play in troubled times? Reply to those against mining

Reform advocates say the 1987 Constitution needs to be revised because of Section 3. It reads: “Civilian authority is at all times supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.”

Debates were centered on how the Constitution can be amended to shift to parliamentary government and evolving federalism. Yet this is an important provision and in the light of recent events may soon be called into question.

There are those who want it removed completely from the Constitution. The fear comes from a repetition of the military backed Marcos dictatorship.

There are two parts to this provision, a part that says “civilian authority is at all times supreme over the military.” The second part then says: “The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory.” Indeed the two parts are almost contradictory and needs explaining, hence the need for constitutional reform. We need to align the two principles in a particular situation that may necessitate the cooperation of the military in bringing peace, order and stability to the nation.

We do not want martial law but a role for the military in pushing for reforms. There are sectors that hold that unless constitutional reforms are carried out soon the country is doomed to failure and chaos because of ineffective governance.

Are there conditions when the military should be called upon to protect the state? The shoe is on the other foot when it is the civilian government that denies individuals due process of law.

This need for military support is not about September 21, 1972 when Marcos signed proclamation no. 1081. It is about defining the military role in the 1987 Constitution.

We need to debate the issue and refine Section 3 to be relevant to present concerns. It must be answered before events come to a head and we still have a flawed Constitution.

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I wish I could give more space to Engr. Graciano M. Calanog Jr. for his reply to those against mining. He is a registered mining engineer and graduated with a Bachelor of Science in Mining Engineering from the University of the Philippines. But for the time being I will condense his reply to the Ateneo School of Government’s position paper on mining. Ateneo will have more access to media because of a powerful lobby of oligarchic media owners to ban mining.

Calanog says the recommendation to suspend mining applications will not be effective in fixing fundamental problems, but will only serve to replace the actors.

“The same mining areas will be open for application once the unqualified or defective applications have been removed. If we do not know proper valuation, we cannot do rational cost-benefit analysis. If we cannot assess risks, we cannot make informed decisions acceptable to stakeholders.”

He thinks that Ateneo School of Government should have consulted Licensed Mining Engineers, who are the real experts on mining.

“The Ateneo School of Government’s recommendation for a blanket moratorium on the processing of all mining applications is just the first step towards the attainment of the anti-mining activists’ dream of closing down the entire mining industry, regardless of the adverse consequences to the nation at large and to local stakeholders, including Indigenous Peoples.

“It erred in targeting the large-scale mining operations in the country because the “small-scale mining” operations which extract and process gold ore within the same or adjacent orebodies are actually far larger than that of the large-scale mines.

“Their operations constitute 38.59% of the gross value added of the mining sector and their failure to a) utilize proper engineering standards, b) apply proper environmental and rehabilitation procedures, b) pay the correct taxes, and c) implement social development programs should have been looked into more deeply.

“Had the ASoG consulted Mining Engineers, it could have been easily seen that a moratorium on small-scale, not large scale mining, would have been more appropriate.

“A blanket moratorium in the processing of mining applications will not only adversely affect the metal mining industry but also adversely affect the construction industry since the cement, rock aggregates and sand and gravel industries belong to the mining industry as well.

“Stakeholders should go out of their way to understand mining because ignorance excuses no one. Consulting Licensed Mining Engineers would be a step in the right direction. If the stakeholders cannot afford Mining Engineers, the Government should provide them with such consultants, for free.

“Unless the ASoG can offer a systematic method of valuing whatever it is that it wants to value, there is no point is discussing the cost-benefit analysis that the policy brief talks about.

“I fully agree with the Ateneo School of Government that small-scale mining should be held in same high standard as large-scale mining. The undersigned believes that the small-scale mining law should be amended to require the presence of Mining Engineers in every small-scale mining operation.

“I agree that we should get the best possible deal for the people. I agree that there should be a requirement for a third party audit of the compliance of mining companies to mining and environmental laws provided this is done in accordance with our professional laws limiting the practice of regulated professions to Filipino citizens.

“Decisions of the National Government on mining, after the points of view of local stakeholders, local governments and Indigenous Peoples have been taken into account through existing processes, must be respected at all times.

“Instead of griping against mining, Ateneo should instead offer a course leading to a Bachelor of Science in Mining Engineering (BSEM) degree to allow it to better understand what mining is all about.

“With due respect to the policy brief, I would like to state that ASoG paper on the future of mining while raising some valid issues, is generally a case of the misinformed leading the misinformed with the level of misinformation exponentially rising in proportion to the number of misinformed people talking to one another.

“While the policy brief asserts that ASoG is neither for nor against mining, a priori, the conclusions and the discussions therein clearly reflects the anti-mining bias of the Ateneo School of Government.”