Despite the existing ban on open pit mining issued by the local government unit of South Cotabato, the residents and indigenous peoples community are still under grave threat from the world's fourth largest copper producer Xstrata Copper, and its Philippine contractor--- SMI Philippines.
This is because of the existence of the Financial and Technical Assistance Agreement signed by the Office of the President that allows SMI to conduct large-scale exploration, development and utilization of an estimated average of 360,000 ounces of gold and 375,000 tons of copper per annum within a mine area covering approximately 10,000 ha (SMI 2013: 11). The open pit would reach an extent of 500 ha and a depth of 785 m while the topsoil stockpile would cover an area of 5 ha and the pit ore stockpile 49 ha (AECOM 2011: 2-9).
If realized, the Tampakan Copper-Gold Mine would be the largest open-pit mine in the Philippines and one of the largest of its kind worldwide. It straddles the jurisdiction of two regions, four provinces, four municipalities and nine barangays. The area is predominantly characterized by rainforest. About 5,000 people – approximately 1,000 households – inhabit the affected area and will require resettlement of inhabitants majority belonging to indigenous communities.
An independent Human Rights Impact Assessment (HRIA) on Tampakan conducted by the Institute for Development and Peace (INEF) exposed various moments of government deficiencies referring to the human rights of people possibly affected by the Tampakan Project. The HRIA observed a context which is characterized by a combination of government failures, prevailing poverty, a high level of marginalization and discrimination against indigenous groups, especially in terms of basic services, and a generally volatile conflict situation.
It also pointed out that the operations of SMI-Xstrata in Tampakan poses high risks to the human rights of vulnerable population should the project proceed, as the rights to an adequate and meaningful information and participation, livelihoods, health, education, culture, and the fundamental right to life, security, and liberty.