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