By Karl Ocampo
On paper, these agencies—like the National Commission on Indigenous Peoples (NCIP)—serve as the critical bridge between economic development and preservation.
Regulation and reality
In practice, however, the current regulatory setup often slows the very progress it is meant to guide.
For an industry that contributes significantly to the national treasury, mining operates in an environment where the rules of engagement can be unclear and administrative hurdles remain high.
At the center of this friction is the Free, Prior and Informed Consent or the FPIC process. It is a vital mechanism designed to give communities a voice in decisions affecting their ancestral lands. Yet, in practice, it has become a complex administrative maze.
Conflict of interest
The core of the problem is often financial. Because the NCIP often lacks the necessary budget and personnel to conduct field investigations and community assemblies, mining companies are often asked to shoulder the costs of these regulatory consultations.
This creates an inherent conflict of interest. When a regulator depends on the proponent to fund its activities, the independence of the "mediator" is naturally called into question.
One of the most difficult challenges for legitimate mining players is the imbalance of accountability.
When a consultation process stalls—whether due to internal tribal disagreements or administrative bottlenecks—the company is almost always the one that bears the reputational cost.
Imbalance of accountability
Even when a delay is purely a matter of government red tape, the proponent is often cast as the "oppressor," while the underlying administrative failures go unaddressed.
If we want the mining industry to reach its full economic potential, we must move toward a more professional and independent regulatory model.
State-funded regulation: The government should fully fund the agencies' responsibilities to ensure that mediators remain neutral and are not dependent on the companies they regulate.
Digitalization: We need strict deadlines and a transparent, online tracking system for permits. While some offices may be slow to adopt digital tools, doing so is the only way to ensure that "lost paperwork" no longer stalls national progress.
Until transparency and institutional support become the norm, the mining industry and host communities will remain trapped in a system that serves neither side well.
It is time to empower our regulators to do their jobs effectively, independently, and with transparency.
Karl Ocampo is a former business journalist for the Philippine Daily Inquirer and now serves as the media and communications manager at Nickel Asia Corp.
