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| Marcopper Mining Waste. Damage to Calancan Bay, Mogpog River, Boac River and certain coastal areas. Graphics: Kapatiran, 1998. |
In filing a lawsuit in Nevada USA against Placer Dome/Barrick Gold, Marinduquenos in
2005 sought legal justice for the extensive environmental and social damages wrought
by nearly three decades of irresponsible mining on this island. Calancan Bay, Mogpog and Boac Rivers and
surrounding coastal areas were polluted and human health problems were created.
In 2005, SP Resolution 264 yet to be ratified was passed by the
provincial board authorizing Gov. Carmencita O. Reyes to enter into a Special
Outside Appointment and Engagement Contract with legal counsel Walter J. Scott,
pertinent to the lawsuit against Placer
Dome, Inc. “for the damage it caused to the people of Marinduque and the
province’s ecosystems, specifically, the Boac and Mogpog Rivers, Calancan Bay
and the surrounding coastal areas.”
Considered as the largest industrial disaster in the Philippines, the
Marcopper Mining Disaster of 1996 resulted in the closure of Marcopper
operations. In 2001 Placer Dome left the Philippines, leaving Marinduque’s
polluted ecosystems behind.
Five years after the lawsuit was filed by the Provincial Government of
Marinduque in a Nevada court in a long procedural battle that has reached the
US Supreme Court, the US lawyers hired by the provincial government announced
that a court hearing was finally scheduled in Nevada, one that could move the
case toward a resolution. Nothing much has been heard by the people of
Marinduque since then, even as a new provincial administration,
sought critical information, such as details on the agreement earlier entered into with the lawyers involved by the
provincial government, that remained unanswered. Read.
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| The U.S. lawyer Scott and Filipino lawyer Advincula at the forum. |
Now comes the news that the US lawyer and his Filipino
counterpart were in Marinduque recently for talks and a 'public forum' with some provincial
government officials and stakeholders for ‘discussions on potential
resolutions’ on the lawsuit that includes a “universal settlement”. A universal settlement that involves the
national government having to “eschew or forego any claims that were promised...”.
On a radio program hosted by the Marinduque LP Congressional candidate all at once came this daring 'epal-ine' announcement: “Dito sa Marcopper mining, ang Ate Gina po ang talaga namang
nakikipagbalitaktakan sa mga dayuhang abogado…napakalaki ang ginampanan at
gagampanan ng ating Ate Gina Reyes…isyu po ito e, hindi po ito pamumulitika…”
How's that again? What new plots are unfolding then?
How's that again? What new plots are unfolding then?
As regards this Nevada case, there were concerns about Marinduquenos having been “kept blind for so
many years” due to the dearth of information that should have been supplied by
the liaison officers, according to board member Melecio Go. But, “It’s your liason
officers! They have not been in the dark!”, answers the US lawyer.
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| Allan Nepomuceno of the so-called 'SP Liaison Committee' |
“… Kabilin-bilinan ni
Skip, ating abogado, ay huwag munang magbibigay… So, ako ay sumusunod lang sa
pinag-uutos sa akin ng mga abogado.”, one liaison officer (Nepomuceno) replies to defend himself.
Then the US lawyer delivers a final statement: “…the President
himself, none of those people will say I have kept them in the dark!” Shock waves, silence.
What’s the real score, what’s the truth? Inevitable questions come up like 'is the Marinduque governor still in command, what critical facts that the people should know are not being disclosed, why the seemingly brazen act of name-dropping that includes even the name of the President, is this a repetition of an old game where people involved in some conspiracy are hoodwinked by images of a 'magnitude of money', (to use the words of the US lawyer), while the rest of Marinduque falls in deep slumber amid hushed cries from others of a probable 'sellout'; what 'gag order'? Curiously timed during this election period (again), you wonder. And please reckon...
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| BM Mel Go, Vice-Gov. Antonio Uy, Jr., BM Bong Raza and BM Allan Nepomuceno |
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| MACEC executive director Myke Magalang and MACEC members |
MEL GO: …Kami pa pala ang nakakagulo. Take note, for
10 years, nandito ka, walang lumabas. Ngayon lang na-open ito ah, you’re saying
na ‘sige, study tayo, study’… tapos kami ang magulo? My God!
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| BM JT Alino |
JT ALINO: … at
kami, kaya gusto naming mapag-usapan dito, transparent kami, gusto naming
malaman ng taong-bayan na walang tinatago.. Hindi lang naman kayo ang apektado
dito ah.. Pinagtutulungan natin itong lahat, sasabihin ninyong nagpapagulo
kami, hinihingi lang namin ang katotohanan.
RAZA: … let us
explore all avenue that will strengthen… any comment coming from the group, let
us put that on hold… (introduces Atty. Scott ).
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| Atty. Skip Scott |
SCOTT: … The
purpose of this meeting is to update you on the events that took place on
November 26 to November 29 in San Francisco… Before doing that though, given
the nature of the dialogue at the
outset here, I want to make it clear that… there may be disagreement as to the
methodology, there may be disagreement as to disclosure…. The part of the
difficulty, while I’m here, especially now, in any effort or endeavor like this
is that we all operate with certain restrictions on us that we do not
necessarily want, but have to live with…
But what we were
successful in doing in the end of November is coming to a conclusion to agree,
as the professionals believe, was a workable mutually agreeable framework for
all the different constituents to sign off on….
…We operate under a certain ‘gag order’, a ‘gag order’ that
tells us that we can’t disclose things. I know that there are some members of
the press here with national means, and that ‘gag order’ becomes all that much
tighter. And these are not necessarily self-imposed, they come from
courts*. A judge says thou shall not
speak and, backed up by agreements that you have to enter into and agree, and
promise that you shall not speak…
ATTY. ADVINCULA: …ang
napag-agreehan kailangang sabihin ito, hindi sa pagbubuhat ng bangko, mahirap
po yung ginawa namin na framework. Yung framework na ginawa ay isang universal
settlement, isang dokumento na ang gusto ng kabila ay ina-address lahat ng mga
constituency, lahat ng stakeholders.
RAZA: ...We would like to inform the public na noong
2007 to 2010, halos hindi po tumakbo yung usapin sapagkat hindi po kami, hindi
po sila, nakakuha ng suporta sa nakaraang administrasyon…. But our lawyers in
the States are painstakingly working out… for the province of Marinduque
despite the absence of support from the previous administration.
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| Old Marcopper Minesite |
SCOTT:… I think
that this mediation process is pretty
mature…my comment is that the political environment here may force a high
risk for extended discussions potentially…I don’t know… But between now and
then, I think that we will make more
progress on the numbers affair…
MEL GO: … The
Dams... I wonder if the Governor or if MACEC has related to Mr. Skip hanggang
ngayon ay.. kasi dapat noon pa yan ay inaasikaso na natin considering yung mga
ulan ngayon malalakas, yung bagyong tumatama… I think that’s the foremost na
dapat nating ugatan at ipauna natin sa kanila… while they are discussing the
settlement or mediation ay ilabas na natin. This is dangerous, Skip… those dams
are 10 years old...this is very valuable information that was not voted during
your negotiations…
SCOTT: … You survived a year and a half and 10
years..
MEL GO: The (USGS) study was for medium-term and longer
mediation… there’s nothing (about it)!
SCOTT: … At the
same it also has to be mentioned in terms unfortunately in the sense that, If
you claim something is imminent and it does not happen for 10 years, some of
you would openly say, how imminent is that… so I don’t want to rely on the USGS
report over this…
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| Liaison Officers Raza and Nepomuceno |
NEPOMUCENO: …Baka
matanim sa isip ng mga tao na kami ay nagkukulang bilang liaison officers. Kami
po ni Bokal Raza ay assigned talaga na magbibigay ng information sa Sangguniang
Panlalawigan. Sa totoo lang po, may tali ang ating mga kamay dahil ang
kabilin-bilinan ni Skip, ating abogado, ay huwag munang magbibigay kung maaari… kasi ang
magbibigay talaga ng information sa SP ay ang liaison, hindi ang Governor. Ang
information nagdadaan sa liaison …. So, ako ay sumusunod lang sa pinag-uutos sa
akin ng mga abogado…
PETER MAGTURO:
Can you give us an idea of the time frame? Election season now, how will the
political climate affect (this issue)….
SCOTT: … As for
the political timetable, I personally believe there is no person, no political
party, whether you are in or out, it doesn’t matter as far as these issues are
concerned…. Like it or not, the national government is a stakeholder…
MEL GO: Are you
saying Skip that even the national government will set in?
SCOTT: I think that
the national government has to be the signatory to endorse… thus far they are
willing to eschew or forego any claims that then were promised with this
resolution… But just a point to answer your question. If you will put the
deal on the table, there is never enough, never enough…
…No, we’ve been in
discussion with the national government all along. The national government is
well aware and has participated in these (showing documents).
MEL GO: Exactly,
that’s why we are in a situation that we have been kept blind for so many
years… with the national government (involvement)…
SCOTT: It’s like
this. You have the process and procedure in October. We have them here. It’s
your liaison officers. They have not been in the dark. They are not blind. So
for you to say that you’re blind is for you to ignore the very processes and
protocols that you yourself have put to waste.
...Stop making claims. It is frustrating for somebody to sit
and tell me that I am not keeping you informed … I may not be talking to you
individually … My obligation is to speak
to the Governor as the primary point with the concurrence of the liaison…
Don’t make a statement that you are not being informed. I take that very
seriously.
MEL GO: Yes, it’s true. I have nothing! (documents)
SCOTT: … Secretary Acosta, or Secretary Paje or the
President himself, none of those people will say I have kept them in the dark.
This is a full-time, all-consuming engagement…"
*Issuances from the Court in connection with this case are available online. Based on said issuances no gag order is among them.
"In April and May 2008, indigenous leaders from four countries opposing large-scale gold mining on their lands described the adverse impacts of Barrick Gold Corporation. These leaders spoke of Barrick Gold's tactics in "suppressing dissident voices, dividing communities, and manipulating local and national politics".
"They also related stories about "lack of free, prior and informed consent for local people". Barrick is party to a lawsuit originally filed against Placer Dome Inc. by the local government claiming compensation for the 1996 Marcopper Mining Disaster. Barrick Gold inherited the litigation after taking over Placer Dome, Inc".
*Issuances from the Court in connection with this case are available online. Based on said issuances no gag order is among them.
"In April and May 2008, indigenous leaders from four countries opposing large-scale gold mining on their lands described the adverse impacts of Barrick Gold Corporation. These leaders spoke of Barrick Gold's tactics in "suppressing dissident voices, dividing communities, and manipulating local and national politics".
"They also related stories about "lack of free, prior and informed consent for local people". Barrick is party to a lawsuit originally filed against Placer Dome Inc. by the local government claiming compensation for the 1996 Marcopper Mining Disaster. Barrick Gold inherited the litigation after taking over Placer Dome, Inc".
