The mining policy of the Philippines and « resource nationalism» towards nation-building

Abstract

This paper looks at the extent to which the Mining Act of 1995 responds to the aspirations of citizen constituencies such as local governments. The law provides the regulatory and institutional framework for the operation of large-scale mining in the hope that substantial foreign capital is brought into government coffers. The law also provides for mechanisms to ensure community consultation, local government empowerment, concern for the indigenous communities, and equitable benefits sharing. However, the national government - with the country's minerals industry - has focused on foreign investments at the expense of equity and benefit allocations for local communities. Several local governments have blocked the entry of large-scale mining or forbidden open pit mining. Such action, including new local legislations, manifests sub-national resource nationalism that is founded on locality and affinity to homeland, and confronts the national government in matters of resource governance.