Saturday, June 17, 2006

Church people on reopening of Lafayette: A Disastrous Decision

June 16, 2006

A Disastrous Decision

The Stewards of Creation, a national network of church people for environmental protection, shares the disappointment of Sorsogon Bishop Arturo Bastes over the government's decision allowing Lafayette Philippines Inc. (LPI), to do a test-run of its zinc and copper mining operation.

The Rapu-rapu Fact-finding Commission (RFFC) chaired by Bishop Bastes did a very thorough and credible study of the effects of the operations of Lafayette Philippines Inc. in Rapu-rapu and made sound recommendations based on its findings. The government admitted, albeit grudgingly that the Bastes Report had merit. The decision of DENR Sec. Angelo Reyes disregarded the hard work of the members of the Bastes Commission.

While the DENR decision is a setback for environmentalists, it is hardly surprising given the fact that even the RFFC cited in its report that the said agency has been noticeably consistent in allowing LPI to violate the environmental protection requirements of its approved Environmental Protection and Enhancement Program (EPEP) and Environmental Compliance Certificate (ECC). Sec. Reyes' decision is also very consistent with the President Gloria Macapagal-Arroyo's Mining Revitalization Program. Given this propensity for siding with TNCs, it won't be a joke to call the DENR the Department for the Eradication of our Natural Resources.

This is a very unfortunate, considering our experiences with mining: that TNCs gain the profits while the people suffer the consequences. Moreover, as proven by Rapu-rapu, promised jobs were only for a few; the livelihoods of the people were not spared; health and safety were ignored; and, human rights violations were aggravated. Worse, the military paid by people's taxes was used to secure the interest of these TNCs.

We thus call on Sec. Reyes to reconsider his decision and heed the recommendations of the Bastes Commission. We also reiterate our challenge to the Arroyo government to immediately repeal the Mining Act of 1995 in favor of a more pro-people and environmentally sound policy, cancel all permits for large-scale mining and render justice to all victims of mining disasters.

Bishop Solito K. Toquero
Resident Bishop
United Methodist Church - Manila Episcopal Area (tel.523-02-97)
Convenor - Stewards of Creation (A National Network of Church People for Environmental Protection)


NCCP Press Statement
June 16, 2006

Live Up To The Vision of Our National Heroes, Do Not Sell Our Patrimony
(On DENR's Decision to Re-open Mining in Rapu-rapu)


In her Independence Day speech, President Gloria Macapagal-Arroyo stated that the "choice is for us to make whether we continue to live up to the vision of our national heroes or continue to watch helplessly while our political system degenerates and our economy is trapped in the mire of uncertainty". The good President must have forgotten what our national heroes lived and died for. Their blood, sweat and tears were for a country free from plundering invaders�an economy that serves the best interests of the Filipinos. Our heroes would be turning in their graves if they had any knowledge about the infamous plans of the President through Charter Change.

President Arroyo and Sec. Angelo Reyes of the Department of Environment and Natural Resources (DENR) have turned their backs on the vision of our heroes by deciding in favor of Lafayette Philippines Inc. to reopen their mining operation in Rapu-rapu Island. They have allowed the interests of a transnational corporation to prevail over the interests of the people and the environment. Defend Patrimony is right on track when it declares that the DENR decision is "environmental treason". It clearly shows where government priorities lie.

The recommendations of the Bastes Commission are crystal clear and are backed with evidences: an end to the operations of Lafayette, a moratorium on mining in Rapu-rapu and a review of the Philippine Mining Act of 1995. How can we sideline these recommendations when they resonate with the people's demands.

In the face of massive destruction, we will be remiss in our responsibility as stewards of God's gifts if we do not raise a strong voice against this travesty. We thus reiterate our call to uphold the recommendations of the Bastes Commission and to repeal the Mining Act of 1995.

Our national heroes deserve no less.

MS. SHARON ROSE JOY RUIZ-DUREMDES
General Secretary - NCCP

Friday, June 16, 2006

SCIENTISTS ON DENR DECISION TO RE-OPEN LAFAYETTE: UNSCIENTIFIC, UNSOUND AND ILLOGICAL

June 16, 2006

SCIENTISTS ON DENR DECISION TO RE-OPEN LAFAYETTE: UNSCIENTIFIC, UNSOUND AND ILLOGICAL

According to its very own summary of findings, the DENR found that:
a) The mine spills in Rapu-rapu were preventable;
b) Lafayette was guilty of lapses;
c) Lafayette does not measure up to standards of a responsible miner;
d) The DENR failed to adequately monitor the Rapu-Rapu operations; and
e) The sharing of benefits from the mining operations is grossly unfavorable to the Philippine government

Despite such negative findings, the DENR makes the illogical decision of allowing a 30-day test-run of mining in Rapu-rapu Island.

”It is a brazen example of how unscientific and illogical our government can be” according to activists scientists from AGHAM.

”How can Malacañang and Secretary Angelo Reyes reach a decision to allow Lafayette to operate when they themselves, from their very own findings, have pointed out long-term and substantial defects in LPI's operation?”, asks Dr. Giovanni Tapang, National Chairperson of AGHAM.

”Clearly the decision to allow the resumption of mining was not based on the technical findings of the Bastes Commission which was concurred to by many experts from different scientific disciplines.The decision to allow the resumption of mining in the Island was a result of political kowtowing to foreign interests and ignoring the clear and comprehensive scientific evidence from the Commission”, adds Dr. Tapang.

”If the decision-making process in government was trully scientific and democratic, Lafayette Philippines Inc., would not be allowed to operate”, says Ricarido Saturay, Jr. geologist at the UP National Institute of Geological Sciences and AGHAM member. ”This kind of unscientific policy making is what lowers the morale of scientists who are frustrated over unsound decision making process of the national government which often ignore scientific evidences that do not conform with its political agenda.

”Given the Marinduque mine spill of ten years ago, it is our conclusion that when it is the interest of the many versus the interest of a few foreign corporations like Lafayette or Marcopper, the government almost always sides with the foreign plunderers”, conlcudes Saturay.

”For us, the decision to allow Lafayette Philippines to operate is a lose-lose solution for the people. This unscientific, unsound and illogical reasoning allows for the continued destruction and plunder of our environment to the detriment of local peoples and the entire country”, declared Dr. Tapang###

Environmental activists' slay linked to ODA review

http://www.malaya.com.ph/jun16/metro3.htm

June 16, 2006
MALAYA

Environmental activists' slay linked to ODA review

INTERNATIONAL environmental groups are set to raise the issue of environmental activists' slaying during the quarterly meeting in Tokyo on June 19 between the Japanese Ministry of Foreign Affairs and non-government organizations.

The environmentalists said they will bring up the issue with Japanese authorities when the latter review their support and funding for projects under the Official Development Assistance (ODA), especially in areas where such killings have taken place.

Hozue Hatae, Friends of the Earth-Japan campaigner, said environmental compliance and social acceptability are requirements in reviewing such projects. Hatae noted that 61 percent of the ODA loans to the Philippines come from Japan.

Clemente Bautista, national coordinator of the environmental group Kalikasan-PNE said 15 of the almost 700 victims of killings since President Arroyo came to power in 2001 are environmental activists. "They actively campaigned against environmentally destructive projects such as large-scale mining, commercial logging and mega dam project," he said.

Bautista said the most recent victims were environmental activist Marcus Bangit of the Cordillera People's Alliance who campaigned against large-scale mining in Kalinga Province; and peasant leader Jose Doton who opposed the San Roque multi-purpose dam project and the Agno River integrated irrigation project at the boundary of Pangasinan-Benguet.

The International Rivers Network, a US-based NGO that opposes destructive dam projects, said the international community of NGOs is very concerned with the rise on human rights violations against political activists, media people and environmental workers in the Philippines. – Reinir Padua

Thursday, June 15, 2006

Bayan Muna condemns DENR order to resume large-scale mining in Rapu-rapu

June 14, 2006

Bayan Muna condemns DENR order to resume large-scale mining in Rapu-rapu

Bayan Muna Rep. Joel Virador condemned the recent government decision to allow Australian-backed Lafayette Philippines to resume large scale mining operations in Rapu-rapu island in Albay province.

"The decision of Department of Environment and Natural Resources (DENR) Secretary Angelo Reyes allowing Lafayette Phils Inc. (LPI) to resume large-scale mining operations in Rapu-rapu Island is a high crime against the environment. This decision sacrifices the people�s health and welfare in favor of foreign mining companies," Rep. Virador said.

"The DENR decision signals President Arroyo's bias toward foreign companies that will plunder our resources, destroy our rivers and seas, and violate national and international environmental laws," he added.

DENR Sec. Reyes announced yesterday the decision to allow LPI to resume open pit mining operations "with stringent monitoring by the DENR" in Rapu-rapu Island, Albay.

LPI was suspended in November 2005 due to the two spill incidents that resulted to cyanide contamination and fish kills.

Sec. Reyes issued a 30-day temporary lifting of its suspension order though it validated that Lafayette is guilty of technical, management and operational lapses that violate "responsible mining" standards.

"The Arroyo government has totally ignored the recommendations of the Rapu-rapu Fact-Finding Commission (RFFC). In fact, the Commission cited the DENR has been consistent in allowing LPI to violate the environmental protection requirements of its approved Environmental Protection and Enhancement Program (EPEP) and Environmental Compliance Certificate (ECC). This shows that the decision actually favors Lafayette," Virador said.

The RFFC found out that the government stands to receive a two 2 percent (2%) production share in Lafayette�s large-scale mining operation in the form of excise tax.

"The RFFC revealed that government only received P2.086 million in excise tax collections out of Lafayette�s gross revenues of P134.4 million in 2005. Government also greatly reduced its total expected tax revenues from Lafayette from US$20.48 million to US$8.68 million due to the tax incentives and economic privileges that it granted to the Australian company under the 1995 Mining Act and the Philippine Export Zone Authority. Essentially, government and Lafayette are deceiving the public that billions of investments will be lost if mining is stopped. Rapu-rapu is expected to produce copper, gold, silver and zinc valued at only US$350 million over six years," Virador said.

"We continue to support the RFFC recommendation to cancel Lafayette's ECC, a moratorium on mining in Rapu-rapu and even work for the immediate repeal of the 1995 Mining Act," he added.

The militant solon is principal author of House Bill 3846 repealing the 1995 Mining Act as a "definitive first step to stop the far-reaching consequences of foreign exploitation of the nation�s natural resources."

The Catholic Bishops� Conference of the Philippines (CBCP), environment groups, people�s organizations and lawmakers have been calling for the scrapping of the Mining Act of 1995 and cancellation of all pending applications for mining permits.

"Foreign corporations in large-scale mining operations will never help the economy progress nor will they accede to our spotty justice system. The 1995 Mining Act will only bring a fleeting upsurge in a few indicators, unstable seasonal jobs and the massive degradation of the environment," Virador ended. #

International Environmental Groups echo calls for RP government to stop HRVs and summary executions

June 15, 2006

International Environmental Groups echo calls for RP government to stop HRVs and summary executions


"We, from the international community of non-government organizations are very concerned with the alarming rise of human rights violations and the spate of killings of political activists, media people, and, lately, of environmental workers in the Philippines," says Aviva Imhof, Campaign Director of International Rivers Network (IRN), in a press conference along with representatives from international environmental organization from Japan, South Korea and Taiwan. IRN is a US-based international non-government organization (NGO) that opposes destructive dam projects in the world.

"Of the almost 700 activist-victims of political killings since President Arroyo came to power in 2001, _15 are known environmental activists. They have actively campaigned against environmentally destructive projects such as large-scale mining, commercial logging and mega dam projects," reports Clemente Bautista, national coordinator of environmental activist group Kalikasan-PNE (People's Network for the Environment)

The most recent environmental activist killed is Marcus Bangit of Cordillera People's Alliance (CPA), who at the time of his death was campaigning against the entry of large-scale mining project in Kalinga province, and Jose Doton, a peasant leader who opposed to the San Roque Multipurpose Dam Project (SRMDP) and the Agno River Integrated Irrigation Project in the boundary of Pangasinan-Benguet. The two were assassinated by unidentified armed men last June 8 and May 16, 2006, respectively.

"As a representative of IRN which actively supports the campaign of people's organizations for the protection of rivers in the Philippines and the rights
of riverine communities, we share the grief of losing fellow environmental workers, some of whom I have personally met in the past. We extend our solidarity in the quest for justice of those they have left behind. We are asking President Arroyo and the Philippine government to decisively act on the issue of human rights violations and extend support to the victims' families. We regret that the human rights situation has deteriorated badly in this country which threatens its international image as a champion of people power and democracy," Ms. Imhof adds.

Ms. Hozue Hatae a campaigner of Friends of the Earth – Japan (FoE-Japan) which is currently monitoring the environmental compliance and social acceptability of Japanese funded projects in the Philippines said that the human rights situation in the Philippines is very volatile and serious. "In spite of the promises of the Philippine government to solve the human rights violations and the formation of many task forces to investigate these, killings continue unabated. We fear that these human rights violations could undermine the affected communities to freely express their position which is a necessay for the social acceptability of any Japanese-funded project."

"In projects funded by the Japanese government and financial institutions, our organization has continuously paid attention on HRVs at the local level. We have documented, that the local communities point to the military, police, and private security forces tasked or employed to secure these projects, as the perpetrators of harassments and other form of human rights violations. The people who opposed these projects are often vilified as leftists and communist terrorists by the authorities. One particular case is Mr. Jose Doton, whose local organization has closely worked with Japanese NGOs on the issue of San Roque Multipurpose Dam project. Before he was assassinated, his organization TIMMAWA was identified by the authorities as front of communist terrorists in the area," Ms Hatae recounts.

"The death of Mr. Doton, gave a great shock to the Japanese public and made them aware of the spate of killings happening now in the country. We are now raising the issue of human rights to the responsible Japanese government agencies and institutions as basis for reviewing their support and funding to identified mega dam, energy and mining projects."

The FoE-Japan documented several HRV incidences, based on testimonies of local communities, in Bohol Irrigation Project Phase II (Bohol), Northern Negros Geo-thermal Power Plant Project (Negros Occidental), San Roque Multi-purpose Dam Project (Pangasinan), Mindanao Coal-fired Power Plant Project (Misamis Oriental), and Coral Bay Nickel Process Plant Project (Palawan).

"There is an increasing trend of killings of environmental activists. Based on our documentation, most of the killings of environmental workers (11 of the 15 victims) are related to mining issues or occurred in areas where there is strong opposition to the priority mining projects of the government. These are in Mindoro Oriental, Palawan, Samar Provinces, Cordillera Region and Sultan Kudarat. We suspect that these killings, harassments or human rights violations are part of the Arroyo government policy to silence opposition to its implementation of the 'Mining Revitalization Program' or its so-called 'developmental projects" such as mega dams and coal power plants," Mr. Bautista explains.

"The Arroyo administration deserves the strongest condemnation possible from all sectors of our society. We will expose and oppose her anti-environment and fascist policy here and abroad. We will continue to campaign for international support to denounce here as the most fascist and worst human rights violator president of the Philippines" stated by Santos Mero of Cordillera People's Alliance.

Representatives from Korean-Asian NGO Center and Yon Ghe Community University of Taiwan also expressed their condemnation on the human rights violations and killings of activists in the Philippines.###

Environmentalists assail Rapu-Rapu mine re-opening

Environmentalists assail Rapu-Rapu mine re-opening

Malaya
June 15, 2006
http://www.malaya.com.ph/jun15/news8.htm

ENVIRONMENTAL groups yesterday stormed the main office of the Department of Environment and Natural Resources in Quezon City over its decision Tuesday to allow mining firm Lafayette Philippines, Inc. to conduct a 30-day test-run of its facilities on Rapu-Rapu island in Albay.

Defend Patrimony, an alliance of anti-large scale mining advocates, pelted the DENR office with rotten tomatoes and spray painted the vicinity with "DENR and Lafayette cohorts and plunderers!"

Greenpeace activists wore head gear resembling whale shark (butanding) to signify the marine life which they said would continue to be threatened by mining on Rapu-Rapu.

The fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya (Pamalakaya) said it will contest the decision of Environment Secretary Angelo Reyes anytime this week through a petition for a temporary restraining order to be filed before an "appropriate" court.

The DENR on Tuesday lifted the cease-and-desist order imposed on Lafayette's operations in December after two mine tailings spills last October.

The DENR order ignored a recommendation of the Rapu-Rapu Fact-Finding Commission (RRFFC) headed by Sorsogon Bishop Arturo Bastes to recall the environmental compliance certificate issued to the mining firm and a moratorium on mining operations on Rapu-Rapu.

Reyes defended the decision, saying it was the "best option" and that the temporary lifting order would be guided by "stringent conditions."

Defend Patrimony spokeswoman Trixie Concepcion said Reyes' decision was inconsistent and biased in favor of foreign interest.

"His decision shows how incapable he is in managing our resources and protecting our environment," she said.

Concepcion said the DENR has in fact said that "Lafayette project does not appear to measure up to the standards of responsible mining" and that the DENR found the company guilty of operational and management lapses.

Greenpeace Southeast Asia Campaign Director Von Hernandez said President Arroyo must reverse the decision and heed the recommendations of the RRFFC which she created.

Greenpeace said the waters of the Albay Gulf where Rapu Rapu is located is a high priority site for sea turtle conservation, being home to five out of the seven known marine turtle species.

The group said the area is also an acknowledged migration path for whale sharks which are often sighted by local fishermen.

Pamalakaya said the 30-day test run would be challenged "not only in the parliament of the streets and in the court of public opinion, but also in any appropriate court."

"Secretary Reyes' penchant for environmental tragedy and unparalleled puppetry to mining giants is displayed with his latest decision. The test-run officially announces the unwarranted comeback of a destroying giant," said Pamalakaya national chair Fernando Hicap.

Malacañang backed the decision of Reyes.

Press Secretary Ignacio Bunye said Reyes' decision was "sound" and will lead to a "win-win" situation.

"We are confident that the DENR will closely scrutinize the test-run by Lafayette to enable the government to come up with a more definitive decision on this issue under the standards of full transparency and accountability to all stakeholders," Bunye said.

He said the one-month period is "reasonable."
— *Reinir Padua, Regina Bengco and Czeriza Valencia*

Wednesday, June 07, 2006

Sierra Madre violence strikes fear among environmental advocates

INSIDE PCIJ: Stories behind our stories
Sierra Madre violence strikes fear among environmental advocates
June 6, 2006 at 7:01 pm � Posted by Luz Rimban
Filed under General, Environment Issues

THE killings of activists and journalists have left a chill in the hearts of anti-logging advocates in the Sierra Madre area.

The Diocese of Infanta is worried over the safety of Fr. Pete Montallana, coordinator of the Diocese's indigenous peoples' apostolate. Fr. Pete works mainly with the Agta community and is an outspoken advocate against illegal logging in Quezon and Aurora where more than a thousand people died or went missing from flashfloods that hit
these two provinces in December 2004. Some environmentalists believe the flashfloods were caused by illegal logging.

Last April 22, Marilou Sanchez and Virgilio Rubio of General Nakar, were shot dead allegedly for being members of the New People's Army. They were killed, according to a report by the Asian Human Rights Commission, reportedly by members of the 16th Infantry Battalion of the Philippine Army. The killings came in the wake of the still unsolved disappearance last March of environmental activist Joey Estriber who was believed abducted by armed men. Estriber was based in Baler, Aurora province.

A year ago, journalist Felipe Agustin of Dingalan in Aurora province was also shot dead. Agustin was the editor and publisher of the local paper Starline Times.

According to the Task Force Usig of the Philippine National Police, 122 members of party list organizations and 155 "militants" have been killed since 2001. The PNP also counts 42 journalists killed in the same period.


Today Fr. Pete sent journalists this letter:

Before I Become Just Part of Statistics�

May 25, 2006 there was a dialogue between the military and the local government officials, Church people led by the Bishop Rolando Tria Tirona, NGOs and peoples' organizations of Real, Infanta, and General Nakar. The outcome of the dialogue was good in the sense that there would be regular dialogue between the military and the group mentioned above. I was one of those who expressed concern about the actuations of the military. I also revealed to the group that the military has been telling people that I am an NPA.

May 27, 2006 there were propaganda materials distributed in Infanta and General Nakar accusing me as a communist: " a devil wearing a habit" who is spreading the "ideology of communism" and that I received 1 billion pesos from The Netherlands for the indigenous people. It asked why this was not used for the indigenous people instead of being used to fund a bloody revolution. The propaganda material was signed by National Alliance for Democracy (NAD).

By the way the same kind of paper and the same print was used in the propaganda material released by NAD last April 29, 2006 during the village assembly in Barangay Magsikap accusing the NPA as the killers of Marilou Sanchez and Virgilio Rubio last April 22, 2006. That accusation was questioned by a resident of Magsikap because no thorough investigation has yet been made. I supported the stance of that person. I said that there are two suspects: one, the military who also said that they are being blamed by the leftists; the other, the NPA according to the military.

Sotero Llamas who left the NPA was killed recently. He has become another statistic. Today 2 other people were killed in Samar. I know that with the propaganda against me, I could be next. My Bishop Roland Tria Tirona has advised to take precautions.

Thanks be to the grace from God I am not afraid to die � I am able to sleep soundly at night. I am aware that guns will not fire if it is not the will of the Father. I will continue in my mission with the Agtas and with those taken advantaged of. If the people behind the propaganda have plans, the Holy Spirit, the all powerful One, has also plans. I only ask for your prayers that I may made worthy when my time has come. Hopefully I can be of help to wake up all Filipinos to become brother-sister to one another especially to the poor. We have the duty to transform our country.

Fr. Pete Montallana
June 6, 2006

P.S. 2 or 3 years ago I presided over the funeral of my cousin, Jun Villanueva, a radio announcer in Albay espousing the cause of the poor, who was also killed by gunmen riding on motorcycle. It is alarming where our country is heading to.

Tuesday, June 06, 2006

NewFangledGreen.com, the latest in alternative energy news and technology

An entry in a the blog NewFangledGreen.com dated April 15, 2006, says:

Welcome to NewFangledGreen, a new blog dedicated to the latest in alternative energy news and technology.

Although we have the word “Green” in our name, this isn’t really an environmentalists web site. We’re more like two guys who are interested in new technology, tired of high gas prices, and want to be oil independent. It just so happens that using more efficient technologies and renewable energy sources IS good for the environment, which we really like too.

Thanks for stopping by and we hope you come back often!


Browsing through the blog entries exposes one to various alternative energy issues including wind turbines, solar cell, batteries, energy-minimizing utility vehicles, U.S. energy programs and problems, generators, enhanced petroleum-based fuel, hydrogen fuel, transportation technologies, and so on.

Let's see how this less-than-2-month-old project of Evan Williams et al, (Ev Williams is the father of Blogger.com, the host of Pinoy Kalikasan blog) evolve and how we can benefit from the information they're giving out. Whether the things here are really newfangled or not and whether they're really "green" and not "blue" nor "red", see for yourself.



Half-day later

Kim,

My name is Craig Kohtz, co-founder of NewFangledGreen.com. I went and looked at your post about NewFangledGreen and read "Let's see how this less-than-2-month-old project of Evan Williams et al, (Ev Williams is the father of Blogger.com, the host of Pinoy Kalikasan blog) evolve and how we can benefit from the information they're giving out."

Our blog actually has nothing to do with Evan. He simply posted a link to our site on his blog after I sent him an email telling him about it. Evan and I went to high school and some college together. We also did some work together when he still lived in Lincoln, NE. But this project is totally independent of him.

Sorry for any confusion. I would have replied to the post on your web site with this explanation but it doesn't allow for anonymous posts, and my blogger account points to an old web site of mine that no longer exists.

Thanks,

Craig


Thanks Craig for the clarification!

Anti-mining liberalization coalition firm against resumption of mining operations in Rapu-rapu, warns Reyes against absolving mining company

5 June 2006

Anti-mining liberalization coalition firm against resumption of mining operations in Rapu-rapu, warns Reyes against absolving mining company in Lafayette spill

The anti-mining liberalization group Defend Patrimony! stand firm in its opposition against the resumption of the operations of the Lafayette Philippines Inc. in Rapu-Rapu Island. The group, composed of scientists, church groups, indigenous communities, environmental activists, expressed anew its stand following continued government inaction on the Bastes Commission report, warning that LPI may even be found faultless in the Lafayette spill.

"We have reason to believe that DENR Secretary Angelo Reyes is poised to decide in favor of the resumption of large-scale mining operations in Rapu-Rapu Island in the face of unresolved issues," Kalikasan-PNE National Coordinator Clemente Bautista said.

According to Bautista, the government has consistently demonstrated its disposition to yield to the interest of the Australian mining company since the spill occurred in October 2005. He cites the following basis of his group's claim:

1. A few days after the first mining spill, LPI was allowed to operate again despite the absence of a full assessment of the effects. At the time, the company has neither complied with provisions of it's ECC nor completed its facilities and equipment to ensure safe operation

2. DENR allowed LPI to start operation with the tailings dam built below the ECC-specified height.

3. DENR allowed LPI to use the events pond, a safety feature designed only for emergency purposes, during normal operation.

4. DENR allowed LPI to use the events pond without any back-up pump.

5. MGB only verified the initial reports of the 1st spill 2 days after the event

6. DENR allowed LPI to resume operation after the 1st tailings incident even with minimal accomplishment of the recommended measures to prevent another spill

7. After the 2nd incident, DENR accepted LPI's proposal to raise the dam to a height that is STILL below the ECC-required height

8. The EMB had very limited technical capability to monitor the LPI's operation, considering the mine's status as a flagship project that would make or break the mining revitalization program

9. DENR did not cancel LPI's ECC despite violation of 11 out of 29 conditions stipulated in the ECC

10. The tailings incidents were not due to unavoidable accidents, but were obviously due to conscious negligence on the part of LPI and DENR.

Ricarido Saturay Jr. , a geologist and AGHAM member, also expressed concern about the "official inaction" on the Bastes Report regarding the criminal liabilities of LPI.

Saturay also criticized the light treatment Sec. Reyes is giving to critical issues being raised by the Bastes Report and some experts. A DENR-sponsored forum last May31, supposedly to highlight LPI's technology to address acid mine drainage (AMD), however raised more questions than answers. Scientist-reactors put into question the firm's capability and commitment to prevent an environmental catastrophe in their operations:

1. The Bastes Commission, however, was not given the same privilege as the LPI to discuss its report.

2. Dr. Baes and Dr. David clearly pointed out that LPI has yet to accomplish all the recommendations of various regulatory bodies with regard to the LPI's tailings incident, contrary to LPI's claim during that forum.

3. Drs. Barril and Rodriguez, the chemists in the panel raised serious doubts about the viability of LPI's technology for AMD prevention and control in Rapu-rapu

4. Dr. Saldivar-Sali pointed out the weaknesses of the LPI's dam design such as the inappropriate use of rainfall data for flood prediction and the insufficient freeboard height of the dam.

5. Engr. Morales likewise questioned why vertical acceleration due to earthquakes was not considered in the design despite being an important factor in dam stability

6. The reactor-experts generally questioned why LPI was allowed in the first place to start its operations given the serious problems that the reactors pointed out.

Despite the report of the Bastes Commission and the questions raised by the reactors during the forum, the DENR secretary's response to the audience' questions about the culpability of LPI in the incident remain vague and seemingly inconclusive. This bolstered the belief of concerned groups that the government will overlook these serious issues and re-open the mine.

"The combination of an inept government, through the DENR, incapable of monitoring large scale mining operations and an irresponsible mining company such as Lafayette equals the whole scale destruction of the environment", says Trixie Concepcion of Defend Patrimony!

"It is ironic that on the occasion of the World Environment Day on June 5, the Philippine Government is poised to allow continued environmental destruction courtesy of the mining industry. The operations of Lafayette Mining must be stopped. The company must be made criminally liable for the tailings spill last October 2005, the economic dislocation it caused to communities, and its attempt to cheat the government in taxes and other fees", concludes Concepcion.

References:
Trixie Concepcion, ricarido Saturay, Jr, AGHAM
Clemente Bautista, Kalikasan-People's Network for the Environment (Kalikasan-PNE)
No.26 Matulungin St. Bgy, Central, Quezon City, Philippines 1100
Tel. No. +63-2-9248756 Fax No. +63-2-9209099
Email: kalikasan.pne@gmail.com

Experts Say Lafayette’s Compliance ‘All for Show’

Experts Say Lafayette’s Compliance ‘All for Show’
DENR to decide on mining in Rapu-Rapu mid-June

A mining company presented its alleged compliance with the requirements to prove that they are committed to protecting the environment. Experts attending a recent forum, however, agreed that this was all just for show and that they have not actually done anything to correct the past mistakes in their mining operation.

BY AUBREY SC MAKILAN
http://www.bulatlat.com/news/6-17/6-17-denr.htm

Seven experts that comprised the panel of reactors in a forum May 31 on the Rapu-Rapu Polymetallic project hosted by the Department of Environment and Natural Resources (DENR) criticized the presentation of the Lafayette Processing, Inc. (LPI) officials. They agreed that it was just “for show.”

“Sa dami ng gusto nilang gawin maaaring ma-impress ang marami pero this is all for show,” (With all the things they want to do, many could be impressed but this is all for show.) said Dr. Aloysius Baes, a commissioner of the Rapu-Rapu Fact Finding Commission (RRFFC), also known as the Bastes Commission, and former chairman of the board of the Center for Environmental Concerns (CEC)-Philippines. He referred to Lafayette officials’ presentation on the company’s compliance status to its commitments.

Senior scientist Dr. Carlito Barril of the University of the Philippines-Los Baños’ Institute of Chemistry said that “they (Lafayette) are trying to take care of everything...but there are still doubts (on my mind).”

Most of the experts in the panel of reactors also noticed the insufficiency of information on acid mine drainage (AMD). It is acidic runoff derived from the oxidation of sulfides─with iron sulfides, pyrite and pyrrhotite as the dominant sulfide minerals, based on Lafayette’s presentation─in tailings, waste rocks or mine workings. Pyrite occurs in the Rapu-Rapu ore body, it added.

Baes said that he has not heard of the initiation of AMD in the open pit, in the tailings and run-off of pyretic materials.

“Once AMD is initiated, it is difficult to control,” he said. “And they never mentioned if it started already.”

The role of microbiological aspect has not been addressed as well, said Barril, stressing that microbial and bacterial elements could accelerate reaction with AMD.

“I do not believe that Lafayette could not determine how much pyrite is present in the island that they resorted to exposing the area,” said Dr. Myrna Rodriguez, also of UP-Los Baños’ Institute of Chemistry. “AMD is continuing and that its effects if felt by its surrounding.”

Most awaited decision

The Rapu-Rapu Polymetallic Project is the flagship of the country's revived mining industry and one of the 24 priority large-scale mining projects included in the president’s 10-point program from 2004 to 2010.

The Bastes commission recommended the cancellation of the environmental compliance certificate (ECC) of Lafayette, a moratorium on mining in Rapu-Rapu, and a review of the Mining Act of 1995, which allows foreign companies to fully own and control mining projects in the country.

DENR secretary Angelo Reyes said that the decision on the recommendations of the commission report will be released mid-June. This will include, he said, itemized report on the problems, including the errors and lapses of the DENR.

Meanwhile, the forum, Reyes said, was intended to be a venue where he could hear all sides.

But Charlie Avila, RRFFC commissioner, complained that the forum did not even include the presentation of the commission report while Lafayette was the first to present their side and allowed to do it for about 45 minutes. He said that he has noticed the non-inclusion of the commission report presentation even in the invitations sent out for the activity.

To appease the angry commissioner, the moderator gave him a 15-minute presentation of their report. Avila, however, did not present it well as he was rushing in reading some points based on a PowerPoint presentation to comply with the 15-minute time limit.

But from the start, everyone had an idea of how the DENR’s crucial rule would go. At the start of the forum, Reyes said the activity will try to achieve a “win-win” scenario where “nobody loses.”

Below standards

Lafayette’s Carmelita Pacis presented their compliance status to the conditions set by the Mine Rehabilitation Fund Committee (MRFC). The MRFC set nine conditions due to the October 11 mine spill and another six conditions as a result of yet another Oct. 31 mine spill. Aside from these, there were also six conditions by the Pollution Adjudication Board (PAB).

Reacting to Lafayette’s presentation, Department of Science and Technology (DOST) Undersecretary Dr. Graciano Yumul said, “I did not understand it because it was not specified what are the plans and what have been implemented.”

Even the things the company supposed to have complied with turned out to be below the DENR standards.

What the company referred to as encapsulation of mine wastes was, for Baes, just “trapping it (wastes) in between clay materials.” The danger in this, he said, is that “it (AMD) will find its way out of your clay materials” if it has already started and like a shot gun, “it will blow its way out.”

Baes also criticized the wetland, which is supposed to provide water quality improvement. He said that the picture of the wetland Lafayette is constructing seemed to be small.

Even the dam, Sali said, “would not stand the 100-year flood index” of the country. “It could work in Canada but not in the tropical Philippines,” he said.

Dr. Carlo Primo David, associate professor at the National Institute of Geological Sciences (NIGS) in UP-Diliman, agreed, saying that the dam should be 145-160 meters in height to contain the rainfall event.

With Lafayette’s dam only 130 meters high, David said “Lafayette should not have been allowed to operate.”

Sali said that 30 percent of deaths are due to overflow in dams. But if the dam ruptures, “it could be another catastrophic event that would have more effect on the environment and the people,” he said.

Even the flood design “is very inadequate,” he also said. He called for an investigation of the free pond, catchment area, and other facilities.

Meanwhile, detoxification did not bring good news to the reactors.

Barril said that the use of limestone in the chemical treatment of AMD is not effective. “Limestone may be the cheapest of alkali materials but it is also the least effective” because of slow reaction, he said.

David also said that creeks maintained a ph higher than 10, but the DENR standards for ph in water range from 6.5 to 8.5 only.

Even the cyanide testing is done by a Manila-based group. Engineer Emilio Morales, a fellow of the Association of Structural Engineers of the Philippines, said that the cyanide’s presence is very critical and that they should have a monitoring team in the area.

Compliance not completed

Aside from substandard measures, the experts also said that they did not include some important matters like rain gauges and the geological map or background in their presentation.

According to Arthur Saldivar Sali, president of the consultancy firm Geotechnica Corp. and recipient of the 1996 National Engineering Excellence Award, rain gauges are important to calculate the flooding potential and that “the DENR should be asking them what their basis is” for such gauge.

On the other hand, Yumul said that geogenic values were not talked about when the DENR should be asking for this information.

Aside from this, Yumul advised the company to “take care of the southwest monsoon,” the dominant wind pattern from June to February, where almost all typhoons are coming from the Philippine Sea. Before a typhoon and during its progress, there are indications that the southwest monsoon current was persistently strong and that this was the strongest of all the air currents moving toward the disturbance center.

Dr. Rolando Cuaño, president of the BMP Environment & Community Care, Inc. working for Lafayette said that insufficient information was due to limited presentation.

Regardless of the reason, David said that “they have not successfully completed all the parameters.” David also believed that the DENR has its shortcomings when Lafayette was allowed to operate when all the requirements are yet to be accomplished.

“How come it operated when all these were not met?” asked Barril.

Yumul, on the other hand, said that the DENR has the technical capacity to monitor mining operations and that it respects the socio-political aspect it requires.

ECC cancellation

Because of the two mine spill incidents, the DENR PAB released a cease and desist order (CDO) from causing discharge of water wastes of the company.

Among the conditions for the lifting of the CDO were the implementation of the environmental management system (EMS) and a comprehensive pollution control program. Pacis said that these are being met by the company.

Baes said that the Lafayette president has previous statements that they could comply with what the law requires but with no commitment. With this, “the company failed already at hindi pwedeng i-lift ang CDO,” (the CDO cannot be lifted) he said.

“Any company could claim they have it (EMS)” but the third party or multipartite monitoring team “is very difficult to get,” he said.

According to Barril, the multipartite monitoring team is important and a basic requirement of the ECC. It gives “protection and assurance that somebody is watching the company” and reflected in a monthly or quarterly report to the DENR.

Yumul agreed, saying that the ECC is a contract between the company and the government and the presence of the monitoring team will ensure that the contract is being followed.

For David, monitoring is “the only way to catch impending events, even before it happens.”

No affected fisherfolk?

One condition by the MRFC was the compensation of affected fisherfolk. But Pacis said they obtained a barangay (village) certification saying “no individual fisherfolk complained…that they are claiming for compensation on the illegal fish kill.”

The audience booed her.

“There’s nothing new with their statement. They are so arrogant!” said Fr. Felino Bugauisan, assistant parish priest of the Sta. Florentina Parish in Rapu-Rapu and consultant of Sagip-Isla, a multi-sectoral organization committed to oppose the operations of the mining company Lafayette Philippines, Inc. and other mining activities on the island.

In a separate interview with Bugauisan, he denied that no fisherman has been affected by the mine spills that allegedly caused the fish kills.

Actually, “there is no need to complain because we do not need their money,” he said. “The level is so superficial that you complain and they pay you. It’s about life.”

“We need their termination,” the priest said. Bulatlat