In the Philippines National Strategic Plan for

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In the Philippines National Strategic Plan for
National    Strategic Plan for the

P h a s e o u t of
M e r c U r y
in Artisanal and Small-Scale Gold Mining

in     the        P h i l i p pines
In the Philippines National Strategic Plan for
CONTENTS
                                          Acknowledgement                                               4
                                          Executive Summary                                             5
                                          Acronyms & Abbreviations                                      8
                                          Introduction and Background                                   10
                                              United Nations Environment Programme Process              10
                                              Philippine Process                                        10

                                          National Overview                                             12
                                          Artisanal and small-­scale gold mining (ASGM)                 12
                                          Gold Trading and ASGM                                         12
                                              Mercury Use in ASGM – Environmental and Health Concerns   13
                                              Mercury Trade in the Philippines                          14
                                              Prevailing Issues Concerning ASGM                         14
                                          Priority Goal and Objectives                                  16
                                              Problem Statement                                         16
                                              Goal                                                      16
                                              Objectives                                                16

                                          Implementation Strategy                                       17   National Strategic Plan for the
                                          ASGM National Action Plan                                     18
                                          Information, Education and Communication
                                              IEC Strategies and Key Activities
                                              IEC Concepts Document
                                                                                                        24
                                                                                                        24
                                                                                                        24
                                                                                                             Phaseout                                of
                                              Overarching Message                                       24

                                          Priority Activities
                                          Overall Budget
                                                                                                        25
                                                                                                        26
                                                                                                             MercUry                                 in
                                                                                                             Artisanal   and    SmalL-Scale   Gold   Mining
                                          Evaluation Mechanism                                          29
                                              Evaluation Methodologies                                  30   in    the         Philippines     2011-2021
                                          Annexes
                                          Annex 1 – Distribution of Gold Deposits in the Philippines    31
                                          Annex 2 – Location of ASGM Activities in the Philippines      32
                                          Annex 3 – Summary of Health Studies and Findings Related to
                                             Mercury Use and Emission in ASGM                           33
                                          Annex 4 – IEC Key Messages and Strategies in Support to
                                            ASGM Objectives                                             35
                                          Annex 5 – Acknowledgements                                    38

The National Strategic Plan for the
Phaseout of Mercury in ASGM in
the Philippines was developed by
the Philippine government under
the auspices of the Environmental
Management Bureau (EMB) of the
Department of Environment and
Natural Resources (DENR) with
assistance from the United Nations
Environment Programme (UNEP).
The views, expressions and opinions
contained in this document do not
QHFHVVDULO\UHÁHFWDQRIÀFLDOSRVLWLRQ
or statement of policy by UNEP.
In the Philippines National Strategic Plan for
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

Acknowledgement                                                                             Executive Summary

Thanks are due to a number of individuals, organizations and institutions for sharing       UNEP and Philippine Process                                      The National Strategic Plan for the Phaseout of Mercury in
their resources, time and expertise to complete this National Strategic Plan:                                                                                the Artisanal and Small-­scale Gold Mining in the Philippines
                                                                                            The United Nations Environment Programme (UNEP)                   1DWLRQDO6WUDWHJLF3ODQRU163 LGHQWLÀHVDQGGHVFULEHV
                                                                                            Governing Council, recognizing mercury as a global               those activities considered achievable by the appropriate
‡7KHGHYRWHGPHPEHUVRIWKH1DWLRQDO6WHHULQJ&RPPLWWHH 16& DQG7HFKQLFDO               concern, has requested the UNEP Executive Director to            government agencies in partnership with all concerned
  Working Group (TWG) for their continuous and active participation in all the              strengthen the UNEP mercury programme partnerships and           and interested stakeholders within a 10-­year time frame.
  activities that led to the formulation of this plan;                                      to continue and enhance international actions on mercury,        The NSP takes into account existing regulations of the
                                                                                            including the conduct of awareness-­raising and the setting      Philippines, past projects on improving the state of ASGM,
‡7KH (QYLURQPHQWDO 0DQDJHPHQW %XUHDX (0%  XQGHU WKH OHDGHUVKLS RI 'LUHFWRU       up of pilot projects in key countries to reduce mercury use in   results of consultations with various stakeholders,
  Juan Miguel Cuna for taking the lead in the preparation and completion of this            artisanal and small-­scale gold mining (ASGM). In this regard,   recommendations from international institutions, ongoing
  plan;                                                                                     UNEP initiated regional projects in South East Asia and South    process of international environmental governance and
                                                                                            America under the Quick Start Programme of the Strategic         rural development. The Draft Strategic Plan is composed of
‡7KH UHJLRQDO RIÀFHV RI WKH (QYLURQPHQWDO 0DQDJHPHQW %XUHDX LQ WKH &RUGLOOHUD   Approach to International Chemicals Management in                a strategic text for short to medium term activities (2011-­
  Administrative Region, Region 05 and Region 11 for providing administrative and           cooperation with a number of interested partners. As part of     2015) and Action Table that covers the full period of
  logistical support in the conduct of regional consultations;                              the South-­East Asian Quick Start Programme, the Philippines     activities from 2011-­2021.
                                                                                            and Cambodia were selected to test the Guidance
‡7KH 8QLWHG 1DWLRQV (QYLURQPHQW 3URJUDPPH 81(3  IRU WKH SDUWQHUVKLS DQG WKH     Document developed by UNEP for the Development of a
  SURYLVLRQRIÀQDQFLDODQGWHFKQLFDODVVLVWDQFHWRIRUPXODWHWKLVSODQ                   National Strategic Plan for Artisanal and Small-­Scale Gold
                                                                                            Mining (National Strategic Plan), the main goal of which is
‡7KHVPDOOVFDOHJROGPLQHUVORFDOJRYHUQPHQWXQLWVYDULRXVQDWLRQDOJRYHUQPHQW         to supplement regional efforts to protect health and the
  agencies and institutions and non-­government organizations for their cooperation,        environment from mercury in ASGM.
  understanding and assistance in the formulation of this plan;
                                                                                            The plan formulation process commenced with a regional
‡%DQ7R[LFVIRUWKHLUDVVLVWDQFHLQWKHFRQGXFWRIFRQVXOWDWLRQV7:*DQG16&PHHW-­
                                                                                            inception workshop in the Philippines on January 2010. The
  ings, for extending support in the plan formulation and for providing the photos
                                                                                            workshop brought together various ASGM key players to
  and images that were used in the NSP;
                                                                                            review Plan requirements and to identify the next steps
                                                                                            OHDGLQJWRSODQIRUPXODWLRQDQGÀQDOL]DWLRQ6XEVHTXHQWO\
‡'U.HYLQ7HOPHURI$UWLVDQDO*ROG&RXQFLO0V%UHQGD.RHNNRHNRI81(3DQG0V
                                                                                            a National Steering Committee and an inter-­agency
  Susan Keane of Natural Resource Defense Center (US) for providing substantial
                                                                                            Technical Working Group were created to spearhead the
  LQSXWVWRZDUGVUHÀQHPHQWRIWKHSODQ
                                                                                            drafting of the NSP. The planning process adopted the
                                                                                            combination of bottom-­up and top-­down approach to
                                                                                            provide opportunity for sectors at the frontline of the issue
And above all, to our Creator for providing us the wisdom and strength to enable
                                                                                            (e.g. small-­scale miners, gold and mercury traders and
us to craft a document that will serve as a roadmap for a mercury-­free ASGM in the
                                                                                            processors, concerned government agencies and large-­
Philippines.
                                                                                            VFDOHPLQLQJFRPSDQLHVDPRQJRWKHUV WRSURYLGHÀUVWKDQG
                                                                                            input to the NSP. In this regard, three consultative workshops
                                                                                            were conducted in the three regions that are heavily
                                                                                            HQJDJHGLQ$6*07KHÀUVWRIWKHUHJLRQDOFRQVXOWDWLRQV
                                                                                            were held from April 19 -­ May 6, 2010 and ended on March
                                                                                            ÀQDOL]LQJWKH163

4                                                                                                                                                                                                                            5
In the Philippines National Strategic Plan for
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

ASGM National Overview                                         Interviews conducted by NGOs with local miners revealed                  e. Enhance cooperation and partnership at all levels
                                                               that mercury is sourced out mostly from dental clinics,                     among miners, public authorities, industry sector,
The ASGM sector which employs about 200,000 to 300,000         which aside from supplying the substance, also operate as                   NGOs, Church, Academic Institutions, and other
miners is a vital contributor to the Philippine economy as     gold buyers. In some mining areas, mercury is available in                  stakeholders; and
it helps ease rural unemployment while producing about         local stores at P4 to P10 per gram.                                      f. Develop and promote the safe handling and long-­
80 percent of the country’s annual gold supply. In spite of                                                                                term storage of excess mercury coming from the
the presence of gold buying stations by the Bangko Sentral     Prevailing Issues Concerning ASGM                                           ASGM sector.
ng Pilipinas (BSP) which were established to buy gold from
ASGM at prices competitive with those prevailing in the        Aside from health and environmental concerns, other issues           A set of interrelated and mutually supportive strategies are
world, a big chunk of ASGM production still ends up in the     that were noted from the sector include the following:               proposed to support the concrete implementation of the
EODFNPDUNHWGXHWRWKHGLIÀFXOW\RIPHHWLQJWKHVWDQGDUGV    (a) Lack of capacity of Provincial/City Mining Regulatory            LGHQWLÀHGREMHFWLYHV7KHVHDUH
set by the bank, and their distance to the gold buying         Boards to regulate ASGM; (b) Weak enforcement of small-­
centers.                                                       scale mining and other related laws; (c) Informal ASGM                   ‡ (QJDJHPHQWZLWKYDULRXVJRYHUQPHQWDJHQFLHV
                                                               RSHUDWLRQVGXHWRFRVWO\DQGGLIÀFXOWSHUPLWWLQJDQG                        industry, non-­governmental organizations,
ASGM is the single largest mercury emitting sector in the      licensing process; (d) Small-­scale mining companies                        academe and other stakeholders;
Philippines, having been recognized to discharge about         undertaking large-­scale operations; (e) Uncontrolled                    ‡ $GMXVWPHQWRIUHGXFWLRQJRDOVDVPD\EH
70 metric tons or more than 30 percent of the country’s        ASGM activities in the ancestral domains of indigenous                      necessary after due evaluation by the National
annual mercury releases. Small-­scale gold mining activities   peoples, protected and watershed reservation areas;                         Steering Committee of data provided by academic
utilizing mercury has been recorded in more than 20            and (f) Inadequate laws and regulations addressing                          institutions, non-­governmental organizations or
provinces engaged in ASGM. The indiscriminate use of           mercury use in ASGM.                                                        other concerned stakeholders.
mercury in ASGM contributes to serious long-­term                                                                                       ‡ 'HYHORSPHQWRIDQRXWUHDFKSODQWKDWFRQVLGHUV
environmental and health problems burdened with                                                                                            broader environmental and health protection
social, technical and institutional issues, as well as the                                                                                 initiatives, and links activities to existing programmes
                                                               Priority Goal, Objectives and                                               and networks building on past and current
implementation of regulations. Studies on the effects of
mercury pollution in selected ASGM sites reveal that           Implementation Strategies                                                   experiences;
drinking waters and river systems have exceeded                                                                                         ‡ )RUPXODWLRQDQGLPSOHPHQWDWLRQRIIXQGUDLVLQJ
recommended water quality criteria, marine mollusks            The goal of the National Strategic Plan is to protect                       strategies to support the National Strategic Plan;
DQGÀVKHVKDYHPHUFXU\OHYHOVWKDWDUHPRUHWKDQWKH          human health and the environment through the                             ‡ ,QFUHDVHGFROODERUDWLRQZLWKUHJLRQDODQG
allowable limit, while some people that were examined          introduction of responsible ASGM practices focusing                         international institutions and networks ;
exhibited symptoms of mercury intoxication. In 2006, the       on mercury use reduction and eventual elimination of                     ‡ ,QFUHDVHGDZDUHQHVVDQGDGYRFDF\RQWKHXVH
United Nations reported that miners in the Philippines are     mercury use and releases in the environment, adoption                       of local technology/know-­how/experience for the
found to have mercury levels up to 50 times above World        of cleaner and toxic-­free gold production technologies                     reduction of mercury use in ASGM;
Health Organization limits.                                    DQGVLPXOWDQHRXVO\DGGUHVVVRFLDOLQVWLWXWLRQDOÀQDQFLDO             ‡ 3HULRGLFUHYLHZPRQLWRULQJDQGHYDOXDWLRQRI
                                                               regulatory reform, among others.                                            activities in relation to the agreed milestones; and
                                                                                                                                        ‡ /LQNLQJ$6*0LQWHUYHQWLRQVZLWKQDWLRQDODQGORFDO
                                                               7KH IROORZLQJ REMHFWLYHV IXUWKHU GHÀQH KRZ EHVW WR DWWDLQ          development processes and their products.
Mercury Trade in the Philippines                               the goal set:

Since the closure of a mercury mine in the Philippines in           a. Effectively reduce mercury use in the ASGM sector;
the mid-­70s, the country’s mercury supply, especially those        b. Develop and implement coherent national policies
used in ASGM relied primarily on import. The known sources             and regulations that promote the sustainability of
of mercury for gold mining in the Philippines are the United           ASGM and its allied sectors, as well as
States, European Union, Algeria, Saudi Arabia, Italy and               environmental and safety measures to protect
.\UJ\]VWDQ6RPHRIWKHPHUFXU\ÁDVNVUHDFKLQJWKH                    miners, communities surrounding ASGM sites and
Philippines do not indicate their source, raising suspicion            other;
that they may have been illegally brought into the country.         c. Establish a legal and organized group of ASGM
Mercury also enters the country legally usually for dental             miners with a national constituency and
and other permitted uses.                                              representing the needs of the ASGM sector;
                                                                    d. Build and strengthen institutional capacity of
                                                                       PMRBs, LGUs and other ASGM support institutions;
The exemption of dental amalgamation in the application
of the requirements for Chemical Control Order for Mercury
No. 38 appears to have resulted in the proliferation of
dental clinics that supply mercury for gold mining.

6                                                                                                                                                                                                     7
In the Philippines National Strategic Plan for
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

Acronyms & Abbreviations

                 ASGM                              Artisanal and Small-­scale Gold Mining              MROD     0LQWDQGUHÀQHU\2SHUDWLRQVGHSDUWPHQW 052'
                 BOC                               Bureau of Customs                                   NCIP     1DWLRQDO&RPPLVLRQRQ,QGLJHQRXV3HRSOHV
                 BOE                               Bank of England                                     NEDA     1DWLRQDO(FRQRPLF'HYHORSPHQW$XWKRULW\
                 BSP                               Banko Sentral ng Pilipinas                          NIMD     1DWLRQDO,QVWLWXWHRI0LQLPDWD'LVHDVH
                 BT                                Ban Toxics                                          NIPAS    1DWLRQDO,QWHJUDWHG3URWHFWHG$UHD6\VWHP$FW
                 C/PMRB                            City/Provincial Mining Regulatory Board             NSC      1DWLRQDO6WHHULQJ&RPPLWWHH
                 CAR                               Cordillera Administrative Region                    NSP      1DWLRQDO6WUDWHJLF3ODQ
                 CASM                              Communities and Small-­scale Mining                 OP       2IÀFHRIWKH3UHVLGHQW
                 CCO                               Chemical Control Order                              PAMB     3URWHFWHG$UHD0DQDJHPHQW%RDUG
                 CDA                               Cooperative Development Authority                   PCU      3URMHFW&RRUGLQDWLRQ8QLW
                 CHED                              Commision on Higher Education                       PD       3UHVLGHQWLDO'HFUHH
                 CIL                               Carbon-­in-­Leach                                   PENRO    3URYLQFLDO(QYLURQPHQWDO1DWXUDO5HVRXUFHV2IÀFH '(15
                 CIP                               Carbon-­in-­Pulp                                    PLGU     3URYLQFLDO/RFDO*RYHUQPHQW8QLW
                 DAO                               Department of Administrative Order                  PSSMA    3HRSOH·V6PDOOVFDOH0LQLQJ$UHD
                 DENR                              Department of Environmental and Natural Resources   PSSMPF   3HRSOH·V6PDOOVFDOH0LQLQJ3URWHFWLRQ)XQG
                 DepEd                             Department of Education                             QSP      4XLFN6WDUW3URJUDP
                 DILG                              Department of Interior and Local Government         RA       5HSXEOLF$FW
                 DMC                               Department of Memorandum Circular                   RDC      5HJLRQDO'HYHORSPHQW&RXQFLO
                 DOF                               Department of Finance                               R&D      5HVHDUFKDQG'HYHORSPHQW
                 DOH                               Department of Health                                SAICM    6WUDWHJLF$SSURDFKWR,QWHUQDWLRQDO&KHPLFDOV0DQDJHPHQW
                 DOLE                              Department of Labor and Employment                  SSM      6PDOO6FDOH0LQLQJ
                 DOST                              Department of Science and Technology                SSMC     6PDOO6FDOH0LQLQJ&RQWUDFW
                 DSWD                              Department of Social Welfare and Development        SSMP     6PDOO6FDOH0LQLQJ3HUPLW
                 DTI                               Department of Trade and Industry                    TRC      7HFKQRORJ\5HVRXUFH&HQWHU '267
                 EMB                               Environmental Management Bureau                     TWG      7HFKQLFDO:RUNLQJ*URXS
                 ENRO                              (QYLURQPHQWDO1DWXUDO5HVRXUFHV2IÀFH /*8          UN       8QLWHG1DWLRQV
                 EO                                Executive Order                                     UNEP     8QLWHG1DWLRQV(QYLURQPHQW3URJUDPPH
                 EU                                (XURSHDQ8QLRQ                                      UNIDO    8QLWHG1DWLRQV,QGXVWULDO'HYHORSPHQW2UJDQL]DWLRQ
                 GDP                               Gross Domestic Program                              WB       :RUOG%DQN
                 GEUS                              Geological Survey of Denmark and Greenland          WGC      :RUOG*ROG&RXQFLO
                 GFI                               Government Financial Institution                    WHO      :RUOG+HDOWK2UJDQL]DWLRQ
                 IEC                               Information, Educational, Communication
                 INC                               International Negotiating Committee
                 LGU                               /RFDO*RYHUQPHQW8QLW
                 LSGM                              Large Scale Gold Mining
                 MGB                               Mines Geosciences Bureau
                 MIRDC                             Metals Industry Research and Development Center

8                                                                                                                                                                          9

National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

Introduction and Background

United Nations Environment Programme                              Philippine Process                                            To facilitate the development of the NSP, the Department     The National Strategic Plan for the Phaseout of Mercury
                                                                                                                                of Environment and Natural Resources-­Environmental          in the Artisanal and Small-­scale Gold Mining in the
Process                                                                                                                         Management Bureau (DENR-­EMB) designed three                 Philippines (National Strategic Plan or NSP), which is
                                                                  As part of the South-­East Asian Quick Start Programme,
                                                                  the Philippines and Cambodia were selected to test            consultative workshops to be conducted in three regions      SUHVHQWHGLQWKHVXFFHHGLQJVHFWLRQVLGHQWLÀHVDQG
The United Nations Environment Programme (UNEP)
                                                                  the Guidance Document developed by UNEP for the               that are heavily engaged in ASGM – Cordillera                describes those activities considered achievable by the
Governing Council/Global Ministerial Environmental Forum,
                                                                  Development of a National Strategic Plan for Artisanal        Administrative Region (CAR); Region 5; and Region 11,        appropriate government agencies in partnership with all
DWLWVWZHQW\ÀIWKPHHWLQJLQ)HEUHFDOOHGWKHÀQGLQJV
                                                                  and Small-­Scale Gold Mining (National Strategic Plan).       for the collection of baseline data covering mercury         concerned and interested stakeholders within a 10-­year
of the 2002 global mercury assessment published by the
                                                                                                                                use in ASGM.                                                 time frame. The NSP takes into account existing
UNEP and the Inter-­Organization Programme for the Sound
                                                                  A regional inception workshop (Inception Workshop) was                                                                     regulations of the Philippines, past projects on improving
Management of Chemicals that mercury is a chemical of
                                                                  conceived to set the impetus for the development of the       The regional consultations were further designed to adopt    the state of ASGM, results of consultations with various
global concern due to its long-­range atmospheric transport,
                                                                  National Strategic Plans for Philippines and Cambodia         a combination of the bottom-­up/top-­down strategic          stakeholders, recommendations from international
its persistence in the environment once anthropogenically
                                                                   which will supplement regional efforts to protect health     planning approach in drafting the NSP to create an           institutions, ongoing process of international
introduced, its ability to bioaccumulate in ecosystems and
                                                                  and the environment from mercury in the sector. The           opportunity for sectors at the frontline of the issue to     environmental governance and rural development.
LWVVLJQLÀFDQWQHJDWLYHHIIHFWVRQKXPDQKHDOWKDQG
                                                                  Inception Workshop was successfully held in the Philippines   SURYLGHÀUVWKDQGLQSXWWRWKH163)XUWKHUWRSURYLGHD   The Draft Strategic Plan is composed of a strategic text
the environment.
                                                                  from 19-­21 January 2010. (The Inception Workshop Report      platform for including various ASGM stakeholders the         for short to medium term activities (2011-­2015) and
                                                                  is available at:                                              regional consultations were opened to varied stakeholders    Action Table that covers the full period of activities from
The Governing Council of UNEP, by its decision 24/3 IV on
                                                                                                                                from government agencies, small-­scale miners and            2011-­2021.
chemicals management, requested the UNEP Executive
                                                                                                                                ODUJHVFDOHPLQLQJFRPSDQLHV7KHÀUVWRIWKHUHJLRQDO
Director, working in consultation with Governments and            http://www.unep.org/hazardoussubstances/Mercury/              consultations were held from April 19-­May 6, 2010 and       The draft strategic plan was presented to various
other stakeholders, to strengthen the UNEP mercury                PrioritiesforAction/Meetings/tabid/4490/language/             HQGHGRQ0DUFKÀQDOL]LQJWKH163                       stakeholders in the same ASGM regions from 20 October
programme partnerships by taking a number of steps,
including enhancing the artisanal and small-­scale gold           en-US/Default.aspx                                                                                                         to 10 November 2010 to generate feedback and elicit
                                                                                                                                Building on the momentum gained from the Inception           more inputs pertaining to the formulated goals and
mining partnership.                                                                                                             Workshop and to provide a structure for the development      objectives, implementation strategies and activities.
                                                                                                                                of the NSP, Director Juan Miguel Cuna of the DENR-­EMB       The third regional consultations were conducted from
Recognizing the role of various sectors, the Governing
Council further requested the Executive Director of UNEP to                                                                    executed Special Order No. -­2010 creating a National
                                                                                                                                Steering Committee (NSC) to oversee and advise a
                                                                                                                                                                                             )HEUXDU\WR0DUFKIRUWKHÀQDOUHYLHZE\
                                                                                                                                                                                             the stakeholders of the revised plan. Additional inputs
work with Governments, intergovernmental organizations,                                                                         national inter-­agency technical working group (TWG)         JHQHUDWHGZHUHFRQVLGHUHGLQWKHÀQHWXQLQJDQG
stakeholders and the Global Mercury Partnership to continue                                                                     tasked in developing a National Strategic Plan on            ÀQDOL]DWLRQRIWKHSODQ
and enhance, as part of the international action on mercury                                                                     improving practices and working conditions and
in several areas, including the conduct of awareness-­raising                                                                   reducing the environmental impacts of artisanal and
and pilot projects in key countries to reduce mercury use in
artisanal and small-­scale gold mining (ASGM).
                                                                                                                                small-­scale gold mining, and a Secretariat within the       
                                                                                                                                EMB to provide administrative and logistical support to
                                                                                                                                the NSC and TWG. The National Steering Committee was
In this regard, UNEP initiated regional projects in South East                                                                  responsible in bringing together relevant government
Asia and South America under the Quick Start Programme                                                                          agencies whose representatives have shared their
of the Strategic Approach to International Chemicals                                                                            experiences and expertise on the various facets of ASGM.
Management in cooperation with a number of interested                                                                           The committee also provided guidance and direction in
partners. The projects aim to contribute to existing capacity                                                                   the crafting of goals and objectives, in identifying
building efforts to tackle the challenging issue of mercury use                                                                 implementation activities and in enlisting commitments
in artisanal and small-­scale gold mining.                                                                                      for the joint implementation of the agreed activities.

10                                                                                                                                                                                                                                                         11
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

National Overview

Artisanal and small-­scale gold mining                             Gold Trading and ASGM                                              Mercury Use in ASGM-­ Environmental and                            The amount of mercury used by miners varies depending on
                                                                                                                                                                                                         when it is applied during the gold production process. For
(ASGM)                                                                                                                                Health Concerns                                                    every gram of gold produced, miners practicing whole ore
                                                                   Pursuant to Republic Act 7076, the Bangko Sentral ng
                                                                   Pilipinas (BSP) has established gold buying stations.                                                                                 amalgamation utilize about 10 to 25 grams of mercury while
$UWLVDQDODQGVPDOOVFDOHJROGPLQLQJ $6*0 LVDVLJQLÀFDQW                                                                         The indiscriminate use of mercury in ASGM contributes to
                                                                   Although gold is purchased in Philippine pesos, the prices                                                                            those who practice amalgamation after grinding use about
global development issue. An estimated ten million people                                                                             serious long-­term environmental and health problems
                                                                   are competitive with those prevailing in the world. Gold sold                                                                         one (1) to three (3) grams.
in more than 70 countries depend on ASGM for income,                                                                                  burdened with social, technical and institutional issues, as
producing about 12 % of the world’s gold supply (Telmer K.         to BSP must however conform to certain conditions set by           well as the implementation of regulations.
                                                                   the bank as to physical form, maximum dimension, weight                                                                               In 2002, small-­scale gold mining activities utilizing mercury
and Veiga M., 2008). The number of gold miners is expected
                                                                   and minimum assay. BSP’s current gold buying stations                                                                                 has been recorded in at least ten provinces namely:
to increase as gold mining becomes increasingly lucrative:                                                                            Mercury is one of the most toxic metals known to man.
                                                                   LQFOXGHWKH0LQWDQG5HÀQHU\2SHUDWLRQV'HSDUWPHQW                                                                                   Benguet, Camarines Norte, Negros Occidental, Zamboanga
the price of gold has nearly quadrupled in the past seven                                                                             It bio-­accumulates in the food chain, and becomes
                                                                    052' LQ4XH]RQ&LW\DQGLWVRIÀFHVLQWKHFLWLHVRI%DJXLR                                                                        del Norte, Zamboanga del Sur, Bukidnon, Agusan del
years, rising to over US$900/oz in July 2008, from $260/oz in                                                                         increasingly concentrated at higher levels. Mercury
                                                                   Naga, Davao and Zamboanga.                                                                                                            Norte, Agusan del Sur, Surigao del Norte and Davao del
March 2001.                                                                                                                           poisoning can lead to skin irritation, fever, headaches,
                                                                                                                                                                                                         Norte . There are also recent accounts of mercury use
                                                                                                                                      nausea, irritability, fatigue, loss of speech and memory,
                                                                   Gold produced by small-­scale miners which meet the                                                                                   among the small-­scale miners in the provinces of Abra,
The ASGM sector is a vital contributor to the Philippine                                                                              decline in sensory ability blindness, depression, kidney
                                                                   criteria are sold directly at the MROD or at BSP’s buying                                                                             Kalinga, Apayao, Oriental Mindoro, Compostella Valley,
economy. ASGM occurs in more than 30 provinces in                                                                                     disease, tremors, brain damage, serious birth defects
                                                                   VWDWLRQVZKLFKLQWXUQEULQJWKHPWR052'IRUUHÀQHPHQW                                                                              Isabela, Nueva Vizcaya, Quezon, Romblon, Southern Leyte,
the Philippines and provides a very important source of                                                                               and death.
                                                                   and conversion into London gold delivery bars. Some of the                                                                            and South Cotabato.
subsistence to about 200,000 to 300,000 miners and their
IDPLOLHV)RUWKHODVWÀYH\HDUVWKHVHFWRUKDVEHHQ             JROGPD\DOVREHPDQXIDFWXUHGLQWRVHPLÀQLVKHGPDWHULDO          There are many reasons why mercury use is widespread in
                                                                   in the form of grains and sheets for re-­sale to local jewellers                                                                      Studies on the effects of mercury pollution in selected
producing an average of 30 tonnes or about 80 percent                                                                                 ASGM. One of the principal reasons cited by miners is that
                                                                   and industrial users. The BSP may enter into a location swap                                                                          ASGM sites reveal that drinking waters and river systems
of the country’s annual gold supply.                                                                                                  mercury produces quick money for their family’s daily
                                                                   transaction so that bars held in the bullion vault may be                                                                             have exceeded recommended water quality criteria,
                                                                                                                                      subsistence, after which, they can still bring their mine
                                                                   mobilized and made readily available for gold-­related                                                                                PDULQHPROOXVNVDQGÀVKHVKDYHPHUFXU\OHYHOVWKDWDUH
$ERXWSHUFHQWRI3KLOLSSLQHWHUULWRU\KDVEHHQLGHQWLÀHG                                                                          tailings to cyanide processing plants for further recovery of
                                                                   transactions in the international market .                                                                                            more than the allowable limit, while some people that
to have high potential of mineral deposits. Gold is one of the                                                                        gold. Another reason mentioned is that mercury is easy to
                                                                                                                                                                                                         were examined exhibited symptoms of mercury intoxication .
most important. Based on density of deposits per one-­square-­                                                                        XVHDQGLVKLJKO\HIIHFWLYHDWFDSWXULQJJROGXQGHUÀHOG
                                                                   'XHWRWKHGLIÀFXOW\RIVPDOOVFDOHJROGPLQHUVWRPHHWWKH                                                                          In 2006, the United Nations reported that miners in the
kilometer land area, the country is ranked third in the world.                                                                        conditions. It is also very accessible and cheap. They can
                                                                   standards set by the bank, and their distance to the gold                                                                             Philippines are found to have mercury levels up to 50 times
In 2002, the Mines and Geosciences Bureau (MGB) of the                                                                                either buy mercury at local stores or source it out from gold
                                                                   buying centers, they sell their gold to independent gold                                                                              above World Health Organization limits. A summary of health
DENR estimated the country’s gold reserves at 5,080,785,289                                                                           dealers. Apparently, the input cost for mercury is minuscule
                                                                   buyers and jewellers at a lower price.                                                                                                VWXGLHVDQGÀQGLQJVUHODWHGWRPHUFXU\XVHLQ$6*0LV
metric tons, based on its consolidation of resource inventory                                                                         considering that it costs only P4 to P10 per gram while gold
                                                                                                                                                                                                         provided in Annex 3.
data supplied by mining companies. Gold deposits have                                                                                 prices can be as high as P1,800 a gram. Other reasons cited
been reported in about 40 provinces while ASGM activities          In Compostella Valley province for instance, about 60              are lack of awareness of the risks of mercury use and lack of
accordingly take place in more than 30 provinces. Annex            percent of ASGM production is believed to be diverted into         knowledge of mercury-­free alternatives.
1 provides a map for the distribution of gold deposits in the      the black market . In Benguet province, it is said that at least
Philippines while Annex 2 provides the location of ASGM            40 percent are traded outside BSP.                                 Mercury release from the ASGM sector in the Philippines is
activities in the country.                                                                                                            estimated at 70 metric tons per year, making the industry
                                                                   In determining the price of gold, the miners merely rely on        the single largest emitter of mercury pollution in the country .
                                                                   the information supplied by local gold dealers, who monitor        Mercury use in the sector also poses great danger to the
In spite efforts, there is yet no authoritative estimate as to     the price of gold. In the international market, gold units are     life of the miners, their families and communities living in
the actual number of people engaged in small-­scale gold           PRVWO\UHÁHFWHGLQWUR\RXQFH,QWKH3KLOLSSLQHVWUR\RXQFH     the affected regions. Mercury emitted from the sector also
mining in the Philippines. Studies however suggest that            is converted into grams. Price of gold per gram depends on         contributes to the mercury contamination of local and
there are about 200,000 to 300,000 small-­scale gold miners        gold grade or “carat”. The term “carat” is used to describe        JOREDOÀVKHULHV
nationwide, which includes close to 18,000 women and               the purity of gold and is based on a total of 24 parts, where
children . ASGM also supports directly and indirectly the          pure gold is known as 24 carat and those with lower carats
livelihood of about two million people mostly in the               have other metal components like copper or silver .
rural areas.
                                                                                        

12                                                                                                                                                                                                                                                                   13
                                                               

                                                                                        
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines                                                                                                                                                                

Mercury Trade in the Philippines                                   Based on interviews with mercury traders and miners,
                                                                   Manila is the main source of mercury for gold mining
Because of its unique properties, mercury is used in a wide        while Baguio City, Bacolod City, Davao City, Zamboanga                 ‡6XUYH\SODQZLWKWKHWHFKQLFDOGHVFULSWLRQRIWKHDUHD   Uncontrolled ASGM activities in protected and watershed
UDQJHRISURGXFWVDQGSURFHVVHV7KHLGHQWLÀHGVRXUFHVRI         City and Paracale, Camarines Norte are the secondary                     applied for which must be prepared by a registered        reservation areas. Small-­scale mining activities are also
mercury include residual mercury from decommissioned               sources.                                                                 geodetic engineer;                                        reported to have encroached upon ancestral domains of
chlor-­alkali facilities, recycled or recovered mercury from                                                                              ‡%DUDQJD\DQGPXQLFLSDOHQGRUVHPHQW                       Indigenous Peoples and in established protected areas
wastes and mercury products, primary mercury from mercury          The exemption of dental amalgamation in the application                ‡&OHDUDQFHIURPYDULRXVJRYHUQPHQWDJHQFLHV               as well as watershed reservation areas such as in Mount
mines and by-­product mercury from other resource                  of the requirements for Chemical Control Order for                     ‡(QYLURQPHQWDO&RPSOLDQFH&HUWLÀFDWH                      Guiting-­Guiting Natural Park in Sibuyan Island, Romblon,
extraction operations.                                             Mercury No. 38 appears to have resulted in the                         ‡6XUHW\ERQGLQWKHDPRXQWRI7ZHQW\7KRXVDQG3HVRV       the Bugkalots Ancestral Domain in Nueva Vizcaya, and the
                                                                   proliferation of dental clinics that supply mercury for gold             (P20,000.00); and                                         Mainit Hotspring Protected Landscape in Maragusan,
Most of the global mercury supply is mined in Algeria, China,      mining. Interviews conducted by NGOs with local miners                 ‡$UWLFOHVRISDUWQHUVKLSLQFRUSRUDWLRQDVVRFLDWLRQDQG    Compostella Valley to name a few.
Spain, and Kyrgyzstan. Spain, once a leading producer of           revealed that mercury is sourced out mostly from dental                  by-­laws duly registered with concerned government
mercury from its centuries-­old Almaden Mine, stopped              clinics, which aside from supplying the substance, also                  agencies.                                                 Inadequate laws and regulations addressing mercury use
mining in 2003, and production is from stockpiled material.        operate as gold buyers. In some mining areas, mercury is                                                                           in ASGM. There are several laws and policies that directly
In the United States, there are mercury mines in Alaska,           available in retail stores from P4 to P10 per gram .              Weak enforcement of small-­scale mining and other related        or indirectly regulate mercury use and emission in the
Arkansas, California, Nevada, and Texas; however, mercury                                                                            laws. The seeming culture of tolerance and hands-­off policy     Philippines, however, there is a need to enact or promulgate
has not been mined as a primary metal commodity since              Prevailing Issues Concerning ASGM                                 by both the national and local governments have likewise         more stringent laws and regulations to address the issue of
1994 when the last mercury mine shut down, hence mercury                                                                             rendered ineffectual the enforcement of small-­scale             unabated mercury use in ASGM. The main piece of
originating from the country either comes from leftover            The principal laws governing small-­scale gold mining in the      mining laws. Enforcement of other environmental laws such        legislation that deals with the regulation, restriction or
stockpiles, as a by-­product from gold mining and from             Philippines are Presidential Decree 1899 and Republic Act         as those that concern air and water pollution, protected         prohibition of the importation, manufacture, processing, sale,
closed chlor-­alkali plants. The United States is the leading      7076, also known as the People’s Small-­scale Mining Act.         area, wildlife, toxic, hazardous and solid waste which are       distribution, use and disposal of mercury in the Philippines is
exporter of mercury .                                              Both laws require artisanal and small-­scale miners to secure     also commonly violated in most mining sites.                     Republic Act 6969 or the Toxic Substances, Hazardous and
                                                                   permits/licenses before commencing operation. Republic                                                                             Nuclear Wastes Control Act of 1990. DENR Administrative
In the Philippines, mercury mining was also conducted in the       Act 7076 mandates the setting up of People’s Small-­scale         While most sectors complain about the non-­implementation        Order 1992-­29, the statute’s Implementing Rules and
province of Palawan from 1955 to 1976 producing 140 tons           Mining Program and the establishment of funds to promote          of the important provisions of extant laws on small-­scale       Regulations (IRR), include mercury and mercuric compounds
annually. Since its closure, however, the country’s mercury        the industry. It also requires the formation of Provincial/City   mining, others criticize the statute’s irresponsive and          (D407) in the table of prescribed hazardous waste. DENR
supply relied primarily on import.                                 Mining Regulatory Board to regulate small-­scale mining           antiquated provisions, which accordingly discourage them         Administrative Order No. 38, Series of 1997 which provides
                                                                   activities. Almost all city and provincial mining regulatory      to formalize their operations.                                   the Chemical Control Order (CCO) for Mercury and
$FFRUGLQJWRUHVHDUFKPRVWRIWKHPHUFXU\ÁDVNUHDFKLQJ          boards in the country have been organized; however,                                                                                Mercury Compounds pursuant to RA 6969, provides
the miners do not reveal their sources , raising suspicion that    it appears that foremost in the agenda pertains to quarry         Small-­scale mining companies undertaking large-­scale           additional requirements and procedures in the importation,
they may have been shipped into the country illegally, more        operations save for the case of PMRBs in some provinces           operations. Under local small-­scale mining laws, small-­scale   manufacture, processing, use and distribution of mercury
so that mercury trade for gold mining has accordingly gone         which may be cited for their support for small-­scale gold        mining permittees are allowed to mine up to 20 hectares          and mercury compounds and addresses the treatment,
XQGHUJURXQGLQWKHODVWÀYHWR\HDUVDQGLVYHU\VHFUHWLYH   mining.                                                           per permit and extract up to 50,000 dry metric tons of           storage and disposal of mercury-­bearing or mercury
The known sources of mercury for gold mining in the                                                                                  metallic and non-­metallic minerals annually. There have         contaminated wastes in the Philippines. The CCO however
Philippines are the United States, European Union, Algeria,        Almost two decades have passed since the enactment of             been reports, however, that some small-­scale mining             permitted, among others, mining and metallurgical industries
Saudi Arabia, Italy and Kyrgyzstan.                                5HSXEOLF$FWDQGWKHUHLVVWLOOQRRIÀFLDOO\GHFODUHGRU    companies exceed the extraction and area limits.                 and dental amalgam as end-­users of mercury. Other laws
                                                                   established People’s Small-­scale Mining Area, a geographic                                                                        and regulations on small-­scale mining such as RA 7076 and
According to reports, most countries import much greater           area devoted for the ASGM sector. The legal requirement for       Need for the strengthening of local government units             DAO 92-­34, the Implementing Rules and Regulations of RA
quantity of mercury than actually needed for legal uses .          LGUs to establish central processing zones for ASGM activities    (LGUs) for effective local mining governance. While the          7076 do not explicitly prohibit the use of mercury in ASGM.
The excess amount is sold to the miners through the black          has not yet been complied hence, most miners process their        enforcement of small-­scale mining laws have been                They however direct small-­scale mining contractors to be
market. As the liquid metal passes through brokers on its          ores near or within habitation areas, exposing children and       devolved to the provincial LGUs by virtue of the Local           responsible in ensuring that the use of mercury, cyanide or
ZD\WRDJROGPLQHLWEHFRPHVYHU\GLIÀFXOWWRWUDFN$ÁDVN     women to mercury’s toxic threats.                                 Government Code, there has been little active participation      any other poisonous substance is handled in accordance
of mercury can originate in Spain, go on to popular transit                                                                          of most provinces with small-­scale gold mining activities,      with provisions directed by the DENR.
points like Singapore or Vietnam and then get transferred          &RVWO\DQGGLIÀFXOWSHUPLWWLQJDQGOLFHQVLQJSURFHVV7KH        let alone smooth coordination in addressing small-­scale
in Indonesia or Philippines. Mercury also enters the country       demanding procedures to gain formal operation have                mining concerns. Existing laws on artisanal and small-­scale
legally usually for dental and other permitted uses.               likewise dissuaded small-­scale gold miners to apply for          gold mining likewise grant limited role to municipal and
                                                                   permits. A checklist for the application of small-­scale mining   barangay LGUs in the regulation of ASGM activities within
                                                                   permit under Presidential Decree 1899 issued by the               their territorial jurisdictions.
                                                                   Provincial Mining Regulatory Board of Benguet, for instance,
                                                                   requires small-­scale gold miners to comply, among others,
                                                                   the following requirements:

14                                                                                                                                                                                                                                                                 15
National Strategic Plan for the Phaseout of Mercury
in Artisanal and Small-­Scale Gold Mining in the Philippines

Priority Goal and Objectives                                                                                              Implementation Strategy

Problem Statement                                                  i. To establish by2017, a legal and organized group    A set of interrelated and mutually supportive strategies are
                                                                   of ASGM miners with a national constituency and        proposed to support the concrete implementation of the
                                                                   representing the needs of the ASGM sector,             LGHQWLÀHGREMHFWLYHV7KHVHDUH
The ASGM sector is a vital contributor to the Philippine
                                                                   especially from areas where small-­scale gold
economy however it also contributes to environmental and
                                                                   mining activities are undertaken, working either as        ‡(QJDJHPHQWZLWKYDULRXVJRYHUQPHQWDJHQFLHV
health problems through continued use of mercury and
                                                                   a cooperative, association or a formalized group             industry, non-­governmental organizations, academe
other toxic chemicals, and is in itself burdened with social,
                                                                   as determined by the Technical Working Group.                and other stakeholders in providing options and
LQVWLWXWLRQDOÀQDQFLDODQGUHJXODWRU\LVVXHVDPRQJRWKHUV
                                                                                                                                activities for achieving the goal and objectives of the
which affect principally the workers and also the com-­
                                                                   j. To build and strengthen institutional capacity of         National Strategic Plan.
munities living near or downstream from ASGM operations,
                                                                   PMRBs, LGUs and other ASGM support institutions.
FRDVWDOFRPPXQLWLHVWRORFDODQGJOREDOÀVKHULHVDQGRWKHU
                                                                                                                              ‡5HGXFWLRQJRDOVFDQEHIXUWKHUUHGXFHGRUDGMXVWHG
stakeholders.
                                                                   k. To enhance cooperation and partnership at all             for the period 2017 to 2021, as may be necessary, after
                                                                   levels among miners, public authorities, industry            due evaluation by the National Steering Committee of
Goal                                                               sector, NGOs, Church, Academic Institutions, and             data provided by academic institutions, non-­govern-­
                                                                   other stakeholders.                                          mental organizations or other concerned stakeholders.
Protect human health and the environment through
the introduction of responsible ASGM practices focusing            l. To develop and promote the safe handling and            ‡'HYHORSPHQWRIDQRXWUHDFKSODQWKDWFRQVLGHUV
on mercury use reduction and eventual elimination of               long-­term storage of excess mercury coming from             broader environmental and health protection
mercury use and releases in the environment, adoption of           the ASGM sector which may include but are not                initiatives, and links activities to existing programmes
cleaner and toxic-­free gold production technologies and           limited to mercury suppliers, dental shops, gold             and networks building on past and current
VLPXOWDQHRXVO\DGGUHVVVRFLDOLQVWLWXWLRQDOÀQDQFLDO           dealers, freight forwarders, etc.                            experiences;
regulatory reform, among others.
                                                                                                                              ‡)RUPXODWLRQDQGLPSOHPHQWDWLRQRIIXQGUDLVLQJ
Objectives                                                                                                                      strategies to support the National Strategic Plan;

7KHIROORZLQJREMHFWLYHVIXUWKHUGHÀQHKRZEHVWWRDWWDLQWKH                                                                ‡,QFUHDVHGFROODERUDWLRQZLWKUHJLRQDODQGLQWHUQDWLRQDO
goal set:                                                                                                                       institutions and networks to facilitate exchange of
                                                                                                                                 information, and assistance in the promotion of
         g. To effectively reduce mercury use in the ASGM                                                                        successes achieved under the National Strategic Plan;
         sector, based on the quantities determined by the
         baseline data from the DENR-­EMB Mercury Inventory                                                                   ‡,QFUHDVHGDZDUHQHVVDQGDGYRFDF\RQWKHXVHRI
         report as updated from other sources, by 25% in 2014,                                                                  local technology/know-­how/experience to facilitate
         45% in 2017 and a further 20% by 2021 through the                                                                      technology transfer and support capacity-­building for
         HOLPLQDWLRQRIPDMRULQHIÀFLHQWDQGXQVDIHSUDFWLFHV                                                                 the reduction of mercury use in ASGM;
         such as but not limited to whole ore amalgamation,
         open-­burning of mercury amalgam without using re-­                                                                  ‡3HULRGLFUHYLHZPRQLWRULQJDQGHYDOXDWLRQRIDFWLYLWLHV
         WRUWVÁDPHKRRGVHWFDQGE\PLJUDWLQJWRUHGXFHG                                                                  in relation to the agreed milestones.
         or mercury-­free practices or technologies.;
                                                                                                                              ‡/LQNLQJ$6*0LQWHUYHQWLRQVZLWKQDWLRQDODQGORFDO
         h. To develop and implement coherent national poli-­                                                                   development processes and their products, such
         cies and regulations that promote the sustainability of                                                                as poverty reduction strategies and Millennium
         ASGM and its allied sectors, as well as environmental                                                                  Development Goal-­based National Development
         and safety measures to protect miners, communities                                                                     Plans.
         surrounding ASGM sites and other stakeholders within
         the timeframe of the National Strategic Plan.

16                                                                                                                                                                                          17
18

                                                                  ASGM NATIONAL ACTION PLAN
      OBJECTIVE 1 : To effectively reduce mercury use in the ASGM sector, based on the quantities determined by the baseline data from the
      DENR-­EMB Mercury Inventory report as updated from other sources, by 25% in 2014, 45% in 2017 and a further 20% by 2021 throughthe elimination
      of major inefficient and unsafe practices, such as but not limited to whole ore amalgamation, open-­burning of mercury amalgam without using
      retorts, flame hoods, etc., and by migrating to reduced or mercury-­free practices or technologies. The following activities canbe undertaken
      simultaneously to achieve Objective 1:

                                                                                               LEAD AGENCY (LD)/                           TIMELINE
                                            ACTIVITIES                                                                                                                         INDICATORS
                                                                                                 PARTNERS (PRT)        Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10
     1. Amend DAO 97-­38 to gradually phase-­out the importation of elemental mercury,                                                                                     Priority List of
        certain mercury compounds and mercury containing products into the country              DENR-EMB (LD)                                                              Areas/ Region
        resulting in a complete ban by 2014.                                                                                                                               Develope d
       
     2. Coordinate with DENR-­EMB Regional Offices together with BOC and other                  DENR-EMB (LD)
        appropriate agencies on the implementation of amendments to DAO 97-­38 and
        provide training to the above agencies and stakeholder

     3. Renew monitoring and control of existing stocks or inventory of elemental
        mercury, certain mercury compounds, and products currently in the country.              DOH, DENR-EMB (LD)

     4. Develop an ASGM priorities area/region list to focus Hg reduction efforts,
        considering issues such as, but not limited to:                                         NSC/TWG (LD)
        ‡([WHQWRI+JXVHDQGHPLVVLRQV;
        ‡1XPEHURIPLQHUVDQGFRPPXQLWLHV;
        ‡([LVWHQFHRIRUJDQL]DWLRQLQIUDVWUXFWXUHDPRQJPLQHUVLQWKHUHJLRQ;
        ‡&RRSHUDWLRQDPRQJPLQHUV/*8VDQGRWKHUVWDNHKROGHUV;
        ‡6HFXULW\HWF.
     5. Conduct a needs assessment on the technical capacity of reduced-­Hg practices
        with a view to identifying practical difficulties and obstacles to their effective
                                                                                                LGU, MGB (LD)                                                              Needs Assesment
                                                                                                                                                                           Report Issued
        application.
     NOTE: the needs assessment shall be conducted in the areas/region in the order of
     priority developed by the NSC above.

     6. Develop pilot project/s to help reduce Hg use and promote reduced-­mercury or           EMB, MGB (LD)                                                              Policies issued.
        mercury-­free processes and technologies in Priority Region/s looking at addressing
        the following: whole-­ore amalgamation, open-­burning, and mercury-­use prior to
                                                                                                SSM, LGU, Civil
        cyanidation practices.                                                                  Society, UNEP,
                                                                                                UNIDO (PRT)

                                                                                               LGU, MGB, DTI, DOST                                                         R&D Formulated
      7. Undertake research and development (R&D) to further improve existing mineral          (LD)
         processing technique particularly in developing less toxic techniques in gold         Regional Resea rch
         processing and recovery and in the recovery of mercury and gold in tailings and       Consortiums, CHED
         tailings pond.                                                                        (PRT)
                                                                                                                                                                           Processes
      8. Develop alternative mineral extraction process with high gold recovery.
                                                                                               LGU, MGB, DOST (LD)                                                         Formulated
         and tailings pond.
                                                                                                                                                                           Inventory of
      9. Designate mineral processing zones with common engineered tailings pond.              LGU, MGB, PMRB (LD)
                                                                                                                                                                           mineral zone
                                                                                               SSM, MGB, LGU (LD)                                                          Inventory of
      10. Conduct appropriate mine rehabilitation efforts, such as tree-­planting, etc.
                                                                                                                                                                           projects.

                                                                                               LGU, MGB, EMB (LD)                                                          No. of technical
      11. Provide technical assistance to small-­scale miners on the proper and systematic
      mining and milling operations, with emphasis on reduced mercury or mercury free
                                                                                               CASM, UNIDO, UNEP,                                                          workshops conducted
      processes and technologies.                                                              Civil Society, Church                                                       based on Field Reports
                                                                                               (PRT)
                                                                                                                                                                           No. of IEC
      12. Conduct information and education campaign (IEC) on:                                 EMB, MGB, LGU, Civil
          ‡0LQLPXPHQYLURQPHQWDOLPSDFWPLQLQJLQFOXGLQJPHUFXU\IUHHRUUHGXFHG                                                                                        conducted.
                                                                                               Society, DOH, NCIP,
           mercury techniques and processes, and milling operations, especially calling for    DepEd (LD)
           the elimination of whole-­ore amalgamation, open-­burning, and mercury-­use
                                                                                               UNIDO, UNEP, CASM,
           before cyanidation
          ‡3RVLWLYHUHVXOWVRISLORWSURMHFWV
          ‡(QYLURQPHQWDOHGXFDWLRQDQGDZDUHQHVVSURJUDm
          ‡5LJKWVRI,3VLQPLQLQJDUHDVZLWKLQWKHLUDQFHVWUDOGRPDLQV
          ‡,QGLJHQRXVPLQLQJSUDFWLFHVDQGRWKHUFOHDQJROGSURGXFWLRQWHFKQLTXHs

          The IEC shall endeavor to utilize existing government technical or vocational
          training, e.g. TESDA, and civil society initiatives on mercury or the environment,
          e.g. Hg-­Free Schools Programme, Catholic Church’s social action commission, etc.

      13. Conduct regular inspection and monitoring of the following:                          MGB/LGU, EMB, DOH                                                           No. of inspections
                                                                                               (LD)                                                                        of mines, health,
          ‡(QYLURQPHQWDOPHGLDDURXQGRUWUDYHUVLQJ$6*0VLWHV
                                                                                                                                                                           and enviro.,
          ‡+HDOWKRIPLQHUVDQGWKHLUIDPLOLHV                                                                                                                           monitoring
          ‡$TXDWLFRUJDQLVPVFRQVXPHGE\GRZQVWUHDPFRPPXQLWLHVIURP$6*0VLWHV
          ‡0LQHVDIHW\UXOHVDQGUHJXODWLRQV
          ‡4XDOLW\RIOLIHRIPLQLQJFRPPXQLWLHs

      14. Identify and provide appropriate supplemental livelihood programs to miners          TRC, MGB, DSWD, DTI,                                                        No. of support
          and their families                                                                   LGU (LD)                                                                    programs.
19
20
                                                                    ASGM NATIONAL ACTION PLAN
       OBJECTIVE 2 : To develop and implement coherent national policies and regulations that promote the sustainability of ASGM and its allied sectors,
       as well as environmental and safety measures to protect miners, communities surrounding ASGM sites and other stakeholders.

                                                                                             LEAD AGENCY (LD)/                          TIMELINE
                                           ACTIVITIES                                                                                                                       INDICATORS
                                                                                               PARTNERS (PRT)       Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10
     1. Conduct a review and assessment of ASGM regulations and policies as well as          LGU, MGB, EMB (LD)                                                         Analysis Report Issued .
        other regulations affecting ASGM including but not limited to chemicals              Civil Society (PRT)
        management, trade regulations, gold buying and royalties to determine gaps
        and overlaps.
        
     2. Prepare draft legislation or regulation covering the regulatory gaps and                                                                                        Draft Legislation/
        synchronizing legislation on ASGM including the development of economic/
                                                                                             LGU, MGB, EMB (LD)
                                                                                                                                                                        Regulation Prepare d
        financial and other relevant instruments/mechanisms.                                 Civil Society (PRT)

                                                                                             LGU, MGB, EMB (LD)                                                         Manuals Produce d
     3. Preparation of training manuals/kits on the elaboration of national legislation/
        policy and enforcement to be used by appropriate government agencies.                Civil Society (PRT)

     4. Incorporate the issue of ASGM within the national sustainable development
                                                                                             EMB, LGU, RDC, NEDA
        plan or agenda.                                                                      (LD)

     5. Conduct regular briefing with key legislators and government officials on the        MGB, EMB (LD)                                                              Meetings conducted .
        needs of the ASGM sector; prepare groundwork for legislative or regulatory           Civil Society (PRT)
        solutions; initiate legislative or regulatory adjustments.

                                                                                             EMB (LD)                                                                   Meeting conducted
     6. Collaborate with international institutions to help mainstream the issue of ASGM.    Civil Society (PRT)                                                        and activities planned .
                                                                                                                                                                        Amended Small-­Scale
     7. Congress to file and approve the Amended Small-­Scale Mining Act                     RDC                                                                        Mining Act
                                                                                                                                                                        Workshops /
     8. Promotion of Amended Small-­Scale Mining Act                                         MGB (LD)
                                                                                                                                                                        Consultations

                                                                    ASGM NATIONAL ACTION PLAN
       OBJECTIVE 3 : To establish by 2017, a legal and organized group of ASGM miners with a national constituency and representing the needs of the
       ASGM sector, especially from areas where small-­scale gold mining activities are undertaken, working either as a cooperative, association or a
       formalized group as determined by the Technical Working Group.
                                                                                             LEAD AGENCY (LD)/                          TIMELINE
                                           ACTIVITIES                                                                                                                       INDICATORS
                                                                                               PARTNERS (PRT)       Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10
     1. Encourage small-­ scale mining to form mining cooperatives/organizations/                                                                                       Statement issued by
        corporations or similar entities.                                                                                                                               OP/CDA
                                                                                             President/ CDA (LD)
                                                                                             DOLE, SEC (PRT)

     2. Conduct cooperative/organization training and preparation and use of the             CDA (LD)                                                                   Number of trainings
        business plans for the development of two regional ASGM groups whose goal                                                                                       conducte d
        is to improve mining practices particularly reduction and if feasible phase-­out
        of mercury use in ASGM.
     3. Conduct municipal and provincial mining summit according to priority areas/          SSM, LGU, PMRB/CMRB                                                        Mining Summit.
        regions following the goal of the regional groupings above.                          MGB (LD))
     4. Legalize the mining operations of artisanal and small-­scale mining located in       LGU, PMRB (LD)                                                             Increase in number of
        conflict areas or public lands.                                                                                                                                 legal ASG M

     5. Educate small-­scale miners on mining laws, rules and regulations particularly on    MGB, PMRB/LGU (LD)                                                         Number of trainings
        the acquisition of mining rights and/or contracts, organization, etc. utilizing      SSM (PRT)                                                                  conducte d
        miner-­to-­miner trainings and similar methods.

     6. Strictly implement policies and regulations on child labor and develop policies      LGU, DSWD, NCFW,                                                           Policies issued .
        upholding the role of women in small-­scale mining.                                  DOLE (LD)
     7. Establish structures for social benefits such as day care centers, health clinics,   DSWD, LGU, SSM (LD)                                                        Number of structures
        and LGU sub-­stations in small-­scale mining areas.                                                                                                             created .

     8. Develop programmes -­ technical outreach, organizational finance, fund-­raising,     DTI, TRC, GFI, Civil                                                       Number of programmes
        etc. to support the functions of the ASGM groups and their business plans.           Society (LD)                                                               developed .

     9. Develop and publicize financing instruments and fiscal incentives for organized                                                                                 Number of financing
        small scale miners are developed and publicized                                      GFI, DTI (LD)                                                              instruments and fiscal
                                                                                                                                                                        incentives.
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                                                                                                 LEAD AGENCY (LD)/                          TIMELINE
                                          ACTIVITIES                                                                                                                            INDICATORS
                                                                                                   PARTNERS (PRT)       Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10

     1. Amend R.A. No. 7076 and P.D. No. 1899, to make it more responsive to the needs           RDC (LD)                                                                   Amended law.
        of artisanal and small-­ scale miners.
     2. Operationalization of PMRB/CMRB as per R.A. No. 7076                                     LGU, MGB                                                                   Number of operational
                                                                                                                                                                            PMRB/CMRB .
     3. Train LGUs on improvements in law affecting SSM – strengthening of PMRB/CMRB, etc.       MGB, DILG (LD)                                                             Number of trainings

     4. Promptly and efficiently execute mandated functions in processing and regulating                                                                                    Number of permits
        the issuances of small-­ scale mining/commercial permits.                                PMRB                                                                       issued .

     5. Simplify the procedures in the issuance of small scale mining permits.                   MGB, PMRB/LGU                                                              Simplified procedures.

     6. Provide arbitration to large-­scale and small-­scale miners to arrive at an amicable     LGU,DENR-PENRO,                                                            Creation of arbitratio n
        settlement of conflict                                                                                                                                              mechanism
                                                                                                 MGB (LD)
     7. Allocate people's small scale mining areas (PSSMA) and identification of                 LGU/PMRB-DENR-                                                             PSSMA allocation s
        mineralized areas                                                                        PENRO, MGB (LD)
     8. Identify unused areas in mining permit fit for ASGM operations                           MGB (LD)                                                                   Number of unused
                                                                                                                                                                            areas identifie d

                                                                  ASGM NATIONAL ACTION PLAN
      OBJECTIVE 5 : To enhance cooperation and partnership at all levels among miners, public authorities, industry sector, NGOs, Church, Academic
      Institutions, and other stakeholders.

                                                                                                 LEAD AGENCY (LD)/                          TIMELINE
                                          ACTIVITIES                                                                                                                            INDICATORS
                                                                                                   PARTNERS (PRT)       Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10

     1. Identification of key industry/business stakeholders and opportunities for partnership   DTI, GFI, TLRC (LD)                                                        List of stakeholde r
         to support the goal of environmentally sound ASGM (eg: corporate foundations,                                                                                      partners
         industry, associations, multinational companies, companies operating at the
         national level)

     2. Symposium, meetings, forum discussion organized with key industry sector’s partners,     DTI, GFI (LD)                                                              Number of
        environmental and development NGOs, academia and local communities                                                                                                  symposiums hel d

     3. Establishment of operational network of key stakeholders to support the goal of          DENR-EMB (LD)                                                              Operational network of
        environmentally sound ASGM at the provincial and national level.                         DENR-PENRO (PRT)                                                           stakeholders established.

     4. Development of multi-­stakeholder financial strategies and innovative fund-­raising      DTI, GFI, LGU,DENR-                                                        Multi stakeholder
        for environmentally sound ASGM activities.                                                                                                                          financial strategie s
                                                                                                 EMB (LD)                                                                   list developed.
                                                                                                 DENR-PENRO (PRT)

                                                                  ASGM NATIONAL ACTION PLAN
      OBJECTIVE 6 : To develop and promote the safe handling and long-­term storage of excess mercury coming from the ASGM sector which may
      include but are not limited to mercury suppliers, dental shops, gold dealers, freight forwarders, etc.

                                                                                                 LEAD AGENCY (LD)/                          TIMELINE
                                          ACTIVITIES                                                                                                                            INDICATORS
                                                                                                   PARTNERS (PRT)       Y1   Y2   Y3   Y4   Y5   Y6    Y7   Y8   Y9   Y10
     1. Assess options for managing the excess mercury supply, including safe and secure         DILG, LGU, DOH, EMB,                                                       Assesment report
        long-­term storage of mercury and mercury containing waste, and disposal of mercury.                                                                                issued .
                                                                                                 MGB (LD)
       
     2. Assess technologies to sequester excess mercury (amalgamation and stabilization)         EMB, DOST (LD)                                                             Assesment report
        and facilities for safe long term storage (above ground and below ground                                                                                            issued .
        storage facilities)

     3. Develop Committee / Working Group to manage terminal storage project.                                                                                               Working Grou p
                                                                                                 DENR-EMB, LGU (LD)                                                         established.

     4. Develop financing options to support terminal storage project                            LGU, DENR-EMB,                                                             Financial Feasibility
                                                                                                 GFI (LD)                                                                   Issued .

     5. Develop collection and transport protocol for excess mercury                             DENR-EMB (LD)                                                              Collection an d
                                                                                                                                                                            Transport Repor t

     6. Creation of terminal storage facility/option and acceptance of excess mercury.           DILG, LGU, DOH,                                                            Facility Created
                                                                                                 DENR-EMB (LD)
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