Tuesday, February 3, 2015

Revisiting the Nevada case (Marinduque vs Barrick Gold)



Boac, Marinduque Mayor Roberto M. Madla signs the resolution of gratitude and solidarity with activists in Nevada, USA who are drawing public attention to issues against Barrick Gold.

FEB 02, 2015: REVISITING THE NEVADA CASE by Konsehal Myke R. Magalang  -- On February 03, 2015, the Nevada Supreme Court will hear oral arguments to determine the proper venue of hearing the merit of the case filed by the province of Marinduque against Barrick Gold Corporation. 

On the 4th Regular Session (2015) of the Sangguniang Bayan of Boac, I delivered a privilege speech and authored and sponsored a Resolution entitled: "Resolution earnestly expressing the profound gratitude and solidarity of the Municipal Council of Boac, Marinduque to the Progressive Leadership Alliance of Nevada (PLAN), the Coalition for Nevada's Wildlife, other civil society organizations and participants to the protest rally and news conference on February 3, 2015 in connection with the oral argument before the Nevada Supreme Court in relation to the case filed by the Province of Marinduque against Barrick Gold Corporation." 

The Resolution was unanimously seconded and approved without passing through the 3-reading principle.The text can be read below while the photos documented the signing of the Resolution by each Councilor, the Vice-Mayor/Presiding Officer, and the Municipal Mayor.
===========================================
EXCERPT FROM THE MINUTES OF THE FOURTH REGULAR SESSION (2015) OF THE EIGHTH (8TH) SANGGUNIANG BAYAN OF THE MUNICIPALITY OF BOAC, PROVINCE OF MARINDUQUE HELD AT THE SANGGUNIANG BAYAN SESSION HALL, 2F NEW MUNICIPAL GOVERNMENT BUILDING ON FEBRUARY 02, 2015, 9:00 AM
MEMBERS PRESENT:
Hon. Dante J. Marquez Vice-Mayor & Presiding Officer
Hon. Sonny L. Paglinawan Sangguniang Bayan Member
Hon. Benjamin M. Solomon I Sangguniang Bayan Member
Hon. Luisito S. Laylay Sangguniang Bayan Member
Hon. Aurelio J. Leva III Sangguniang Bayan Member
Hon. Benildo L. Largado Sangguniang Bayan Member
Hon. Rolando M. Larracas Sangguniang Bayan Member
Hon. Miguel R. Magalang Sangguniang Bayan Member
Hon. Carlos M. Palomares Sangguniang Bayan Member
Hon. Bernadine O. Mercado Ex-Officio Member (LIGA)

RESOLUTION NO. 2015-007
RESOLUTION EARNESTLY EXPRESSING THE PROFOUND GRATITUDE AND SOLIDARITY OF THE MUNICIPAL COUNCIL OF BOAC, MARINDUQUE TO THE PROGRESSIVE LEADERSHIP ALLIANCE OF NEVADA (PLAN), THE COALITION FOR NEVADA'S WILDLIFE, OTHER CIVIL SOCIETY ORGANIZATIONS AND PARTICIPANTS TO THE PROTEST RALLY AND NEWS CONFERENCE ON FEBRUARY 3, 2015 IN CONNECTION WITH THE ORAL ARGUMENT BEFORE THE NEVADA SUPREME COURT OF THE CASE FILED BY THE PROVINCE OF MARINDUQUE AGAINST BARRICK GOLD CORPORATION

AUTHOR: HON. MIGUEL R. MAGALANG,Chairperson, Committee on Good Government, Public Ethics and Accountability
WHEREAS, on August 13, 2014, with Dr. Catherine Coumans as the Resource Person, this august Boady hosted a colloquium for local government functionaries on the alternative venues for the “Marinduque Case” versus Placer Dome Inc. and Barrick Gold Corporation in our search for environmental justice and fair compensation for all the damages wrought by the irresponsible mining operations to the people and environment of this Island which culminated in the March 23, 1996 Boac River Mining Disaster; 
WHEREAS, we posited during the provincial conversation that there is a need for competent legal representation of the municipality of Boac and the people of Marinduque, in general, as the civil case against Placer Dome Inc. and Barrick Gold Corporation is to be pursued in other forum or venue – either the Philippines or Canada;
WHEREAS, realizing that there are uncertainties and unpredictable direction in which the Nevada Case is proceeding, this august Body saw the need to fill in the gap for expert information if only to ensure that the people of Boac and Marinduque are not deprived of their right to access to information, participation, and justice. The colloquium then aimed to provide venue for intelligent discussions towards collective action and commitments through the appreciation of: (a) the advantages or disadvantages of pursuing the case in Canada; (b) exploring the possibility of engaging pro bono lawyers from Canada; (c) analysing the corporate social responsibilities of Canadian mining companies throughout the world; (d) strengthening local government functionaries’ roles on governance of the extractive industry; and, (e) deepening the collective commitment of local government officials to pursue justice for the victims of mining in the province;
WHEREAS, upon evaluation of the various options and the advantages and disadvantages appurtenant thereto, the Sangguniang Bayan of Boac was convinced that Canada is the more acceptable and favourable venue to continue to hear the merits of the case against Placer Dome, Inc. and Barrick Gold Corporation;
WHEREAS, while time and space make it impossible for this august Body to articulate its concerns before the Nevada Supreme Court, it finds great opportunity from the initiatives of the Progressive Leadership Alliance of Nevada (Plan), the Coalition for Nevada's Wildlife, and other Civil Society Organizations through the February 3, 2015 event which they lined up in relation to the issues and concerns expressed hereof;
WHEREFORE, on the initiative and motion of HON. MIGUEL R. MAGALANG, Chairperson of Committee on Good Governance, Public Ethics and Accountability, unanimouly seconded and duly approved, the 8th Sangguniang Bayan of Boac, in session assembled hereby,
RESOLVED as it hereby resolves to earnestly express the profound gratitude and solidarity of the Municipal Council of Boac, Marinduque to the Progressive Leadership Alliance of Nevada (PLAN), the Coalition for Nevada's Wildlife, other civil society organizations and participants to the protest rally and news conference on February 3, 2015 in connection with the oral argument before the Nevada Supreme Court in relation to the case filed by the Province of Marinduque against Barrick Gold Corporation.
RESOLVED FURTHER that it is hereby requested of the convening groups to please amplify and reiterate during the protest rally and the news conference the position and stance of this august Body regarding the favourable venue to hear the merits of the case.
RESOLVED FINALLY that duly certified copies of this Resolution be furnished to the Progressive Leadership Alliance of Nevada (PLAN), the Coalition for Nevada's Wildlife, other civil society organizations, and Dr. Catherine Coumans, through the fastest means of communications or the social networking facilities, for their information, reference and appropriate action; while similar copies be also furnished the Local Chief Executives in Marinduque, the sangguniang panlalawigan of Marinduque, the sangguniang bayans of other municipalities in Marinduque, other agencies and local organizations for their information and reference.

ADOPTED on February 02, 2015 at Boac, Marinduque.

 
Councilor Myke Magalang, Mayor Madla and Vice-Mayor Dante J. Marquez

Members of the Sangguniang Bayan ng Boac, Marinduque
take turns in signing the resolution.

                                       


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