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| ATM in action |
The group has maintained that the proposed settlement "tremendously fails to address the issues and concerns specified in the Nevada case".
In a letter addressed to Secretary Neric Acosta, Presidential Assistant on Environmental Programs and Concerns, ATM National Coordinator, Jaybee Garganera also conveyed the group's endorsement of local resolutions from the respective municipalities of Boac, Gasan and Buenavista.
These resolutions, Garganera said, "reflect and capture the sentiments of the local governments in rejecting and opposing the proposed settlement."
ATM stressed that said LGUs have specifically found objectionable the "stipulated facts" in the proposed settlements and have demanded the conduct of a "more consultative, transparent and participatory process of discussing the terms and conditions of the said settlement".
The group maintains that it is only after determining the positions and perspectives of the key stakeholders that Acosta's office will have adequate information to recommend and guide stakeholders on the best option to move forward.
Without these consultations and dialogues, according to Garganera, the national government is "practically treading on dangerous grounds" as "any failure to implement one of its main role and function - to protect and conserve the environment - is greatly put at risk with the act of signing the waiver for the proposed settlement", Garganera stated in his letter.
In relation to the case Marinduquenos should be allowed "to avail of the environmental justice, intergenerational equity and sustainable development" that has eluded them for the past decades, he further stated.
MACEC now ignored?
ATM also expressed serious concern that in a recent meeting hosted by Acosta's office in Malacanang, one of the direct key stakeholders, MACEC, has not been informed about the meeting.
It will be recalled that MACEC has been at the forefront in filing the case in Nevada in 2005. MACEC was also specifically identified as the local NGO whose interests and potential role in the settlement should be considered in accordance with Barrick's Defendants' Mediation Statement related to the proposed settlement.
ATM thus also petitioned Acosta's office to ensure that MACEC, concerned LGUs and other stakeholders are given the opportunity to participate actively and openly on all negotiations, discussions and deliberations, especially those activities that are being held in Manila.
Garganera also urged Acosta's office to immediately conduct a consultation meeting with local and national organizations, as well as national government agencies, that are impacted, or would be impacted by the proposed settlement agreement, consistent with EO 79.
It will be recalled that the municipal government of Boac has strongly urged the Sangguniang Panlalawigan in a resolution to reject the proposed settlement in its entirety because it is disadvantageous to the provincial government and runs counter to the principle of environmental justice and intergenerational equity.
"Aside from these, it will set a bad precedent to all future mining companies in the country, which, after devastating any parts of the environment will just come into settlement and go scot-free", the Resolution read.
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