Anthropology and Anthropology and mining: Ethical issues mining: Ethical issues in conducting social in conducting social

impact studies among impact studies among indigenous peoplesindigenous peoplesBy Rosa Cordillera A. CastilloBy Rosa Cordillera A. Castillo

AcknowledgementsAcknowledgements

Center for Environmental Center for Environmental Concerns/Kalikasan PNEConcerns/Kalikasan PNE

Legal Rights and Natural Legal Rights and Natural Resources/Kasama sa Resources/Kasama sa Kalikasan/Friends of the Earth Kalikasan/Friends of the Earth PhilippinesPhilippines

Anthropology Watch, Inc.Anthropology Watch, Inc. ResearchersResearchers

Large Scale Mining in the Large Scale Mining in the PhilippinesPhilippines

$1 trillion worth of unexplored mineral $1 trillion worth of unexplored mineral resources resources

33rdrd worldwide in gold deposits, 4 worldwide in gold deposits, 4thth in in copper, 5copper, 5thth in nickel, and 6 in nickel, and 6thth in chromite in chromite

294 mining agreements in existence as 294 mining agreements in existence as of January 2008 covering over 600,000 of January 2008 covering over 600,000 hectares of mineralized lands hectares of mineralized lands

2,626 mining applications are currently 2,626 mining applications are currently being processed being processed

The Mining Act of 1995The Mining Act of 1995 Allows transnational companies to own Allows transnational companies to own

100% of the mines100% of the mines Repatriate 100% of capital and profits Repatriate 100% of capital and profits Evict communities from mine areas Evict communities from mine areas Gives companies complete water and Gives companies complete water and

timber rights over mineral-rich lands, timber rights over mineral-rich lands, capital tax exemption and 10-year tax capital tax exemption and 10-year tax holidays holidays

Environmental and social Environmental and social costs of miningcosts of mining

Marcopper mine disaster (Source: Oxfam and saverapurapu)

Maricalum mine disaster (Source: bulatlat)Marcopper mine disaster (Source:

Coumans)

Rapu Rapu island fish kill (Source: saverapurapu)

Antamok open pit (Source: CPA)

Social costsSocial costs Displacement of communitiesDisplacement of communities Destruction of livelihood sources and Destruction of livelihood sources and

economic activities economic activities Breaking apart of communities who are Breaking apart of communities who are

divided between pro- and anti-miningdivided between pro- and anti-mining Human rights violations committed Human rights violations committed

against communities and their against communities and their advocates who oppose miningadvocates who oppose mining

MilitarizationMilitarization

Barricade of indigenous peoples to bar entry of mining equipment in Kasibu (Source: CEC/Kalikasan PNE)

Militarization in Kasibu, Nueva Vizcaya (Source CEC/Kalikasan PNE)

Mining and indigenous Mining and indigenous peoplespeoples

53% of the 15 million hectares that 53% of the 15 million hectares that have been opened for mining have been opened for mining applications and 16 of the 24 priority applications and 16 of the 24 priority mining areas are in indigenous mining areas are in indigenous peoples' lands peoples' lands

Development aggressionDevelopment aggression

Indigenous peoples of Mindanao (Source: Anthropology Watch)

Mines in Mindanao (Source: Anthropology Watch)

Legal framework for FPIC Legal framework for FPIC and social acceptabilityand social acceptability

Indigenous Peoples Rights Act (IPRA) of Indigenous Peoples Rights Act (IPRA) of 19971997 The State The State "recognizes and promotes the rights of "recognizes and promotes the rights of

indigenous cultural communities within the indigenous cultural communities within the framework of national unity and development"framework of national unity and development"

The State,The State, "subject to the provisions of this "subject to the provisions of this Constitution and national development policies Constitution and national development policies and programs, shall protect the rights of and programs, shall protect the rights of indigenous cultural communities to their indigenous cultural communities to their ancestral lands to ensure their economic, social ancestral lands to ensure their economic, social and cultural well-beingand cultural well-being." ."

National Commission on Indigenous PeoplesNational Commission on Indigenous Peoples

Free and prior informed consentFree and prior informed consent ““consensus of all the members of the consensus of all the members of the

indigenous peoples to be determined in indigenous peoples to be determined in accordance with their respective accordance with their respective customary laws and practices, free from customary laws and practices, free from any external manipulation, interference, any external manipulation, interference, and coercion, and obtained after fully and coercion, and obtained after fully disclosing the intent and scope of the disclosing the intent and scope of the activity, in a language and process activity, in a language and process understandable to the community.”understandable to the community.”

Environmental Impact Assessment Environmental Impact Assessment (EIA)(EIA) Requirement for Environmental Requirement for Environmental

Clearance CertificateClearance Certificate Aims to protect the environment as well Aims to protect the environment as well

as the community's welfare as the community's welfare

Anthropology and miningAnthropology and mining Looking into potential social impacts of the Looking into potential social impacts of the

projectproject Providing baseline data Providing baseline data Tapped to make social feasibility studies for a Tapped to make social feasibility studies for a

mining company wanting to enter a community mining company wanting to enter a community Conducting information and education Conducting information and education

campaigns in the communities for the company campaigns in the communities for the company Drawing up strategies that can convince people Drawing up strategies that can convince people

to become pro-miningto become pro-mining Others are hired as community liaison officers Others are hired as community liaison officers

and community organizers to convince people to and community organizers to convince people to become pro-mining become pro-mining

Problems with the legal Problems with the legal frameworkframework

Cases of fraudulently obtained FPICs in Cases of fraudulently obtained FPICs in various indigenous communities, bribery and various indigenous communities, bribery and harassment harassment

Unclear definition of "socially acceptable" Unclear definition of "socially acceptable" Lack of disclosure of project information to Lack of disclosure of project information to

the publicthe public Lack of accountability on the part of the Lack of accountability on the part of the

preparers of the Environmental Impact preparers of the Environmental Impact Statement (EIS) which would have prevented Statement (EIS) which would have prevented falsification of datafalsification of data

Lack of an independent and third party body Lack of an independent and third party body that could conduct the EIA that could conduct the EIA

The protective mechanisms in the The protective mechanisms in the various laws are not adequate in various laws are not adequate in protecting the community; instead protecting the community; instead they are being used to serve the they are being used to serve the interests of mining companies even interests of mining companies even though these are in violation of the though these are in violation of the community’s rights community’s rights

Are people able to freely decide in a Are people able to freely decide in a context where they do not have context where they do not have much option to begin with?much option to begin with?

"The political exercise of FPIC "The political exercise of FPIC cannot be divorced from the reality cannot be divorced from the reality of economic inequities" (Leonen of economic inequities" (Leonen 1998) 1998)

Ethics in anthropologyEthics in anthropology Problems encounteredProblems encountered

Conducting the study in the guise of Conducting the study in the guise of academic research even though said academic research even though said study was financed by the companystudy was financed by the company

Unclear objectives of the study even for Unclear objectives of the study even for the researcherthe researcher

Researcher lacks ownership over the Researcher lacks ownership over the data gathered and the freedom to write data gathered and the freedom to write about it in other publications about it in other publications

Researcher not allowed to divulge that Researcher not allowed to divulge that mining company financed the studymining company financed the study

Furthermore…Furthermore…

Copies of research not provided to Copies of research not provided to the communitythe community

Anthropologists become party to Anthropologists become party to divide and rule tacticsdivide and rule tactics

Devising strategies so that Devising strategies so that communities become pro-mining is communities become pro-mining is potentially unethicalpotentially unethical

Ethical guidelines Ethical guidelines violatedviolated

American Anthropological Association (AAA)American Anthropological Association (AAA) The anthropologist's responsibility is to those The anthropologist's responsibility is to those

they study especially when there is a conflict of they study especially when there is a conflict of interestinterest

The rights and welfare of those studied must be The rights and welfare of those studied must be safeguarded and protected, and their dignity and safeguarded and protected, and their dignity and privacy honoredprivacy honored

Risks and benefits must be communicated clearly Risks and benefits must be communicated clearly to those being studiedto those being studied

Reports must be equally available to the Reports must be equally available to the sponsors, general public, and to the community sponsors, general public, and to the community studiedstudied

Anthropologists should not engage in secret Anthropologists should not engage in secret research or researches whose results are not research or researches whose results are not publicly reported and freely availablepublicly reported and freely available

Anthropological Association of the Anthropological Association of the Philippines (UGAT)Philippines (UGAT)

Anthropologist must be sincere to the host Anthropologist must be sincere to the host communitycommunity

Researcher must explain the research Researcher must explain the research objectives and implications to the host objectives and implications to the host communitycommunity

Research product must be returned to the Research product must be returned to the community preferably in a language the community preferably in a language the community can understandcommunity can understand

Research product must be made available to Research product must be made available to the larger communitythe larger community

UGAT: focus on ethicsUGAT: focus on ethics Recently formed the ethics review Recently formed the ethics review

board that, among others, serves as a board that, among others, serves as a venue for complaints to be filed by venue for complaints to be filed by individuals/parties against individuals/parties against anthropologists who commit unethical anthropologists who commit unethical research practices, and recommend research practices, and recommend possible sanctions possible sanctions

Issue of fair benefit sharing in miningIssue of fair benefit sharing in mining How could the loss of a sacred ground to How could the loss of a sacred ground to

mining be compensated? How could the mining be compensated? How could the sense of uprootedness and loss of identity be sense of uprootedness and loss of identity be compensated? The loss of traditional compensated? The loss of traditional relations to land and traditional utilization of relations to land and traditional utilization of resources and the eventual loss of indigenous resources and the eventual loss of indigenous knowledge and practices rooted in their knowledge and practices rooted in their lands? lands?

Lack of public disclosure of informationLack of public disclosure of information Public participation and FPIC is compromisedPublic participation and FPIC is compromised

Conflict of interestConflict of interest

RecommendationsRecommendations UGATUGAT

Formulate more explicit ethical principles Formulate more explicit ethical principles with details on sanctions and mechanisms with details on sanctions and mechanisms on how communities can access the on how communities can access the services of the organization services of the organization

Inform the public about its services Inform the public about its services Link with indigenous people’s Link with indigenous people’s

organizations and networks to monitor the organizations and networks to monitor the activities of anthropologists working for activities of anthropologists working for mining companiesmining companies

Advocate the teaching of ethics in schoolsAdvocate the teaching of ethics in schools

NGOs and indigenous organizations and NGOs and indigenous organizations and communitiescommunities

Demand accountability from researchersDemand accountability from researchers Report unethical researchers to their institutions, Report unethical researchers to their institutions,

organizations, and to the general publicorganizations, and to the general public Sanction unethical researchers by blacklisting Sanction unethical researchers by blacklisting

them from the community and other community them from the community and other community networksnetworks

Provide indigenous communities with research Provide indigenous communities with research capability to enable them to conduct their own capability to enable them to conduct their own investigations and determine potentially risky investigations and determine potentially risky researchesresearches

Provide wider reach for information and Provide wider reach for information and education campaigns regarding education campaigns regarding indigenous peoples rights in researchindigenous peoples rights in research

Pressure the government to give more Pressure the government to give more teeth to the FPIC and EIA processes to teeth to the FPIC and EIA processes to protect the interests of the community protect the interests of the community and not that of the mining company'sand not that of the mining company's

Pressure the government to form an Pressure the government to form an independent body free from vested independent body free from vested interests who will conduct the EIAinterests who will conduct the EIA