Wednesday, March 22, 2017

1st year of 3rd decade, Marcopper tragedy: 'Negosyo' and conspiratorial plot on class suit?

In two days (March 24), we will commemorate the first year of the third decade of the Marcopper mining disaster. 


 The Marcopper tragedy marker. Photo: Jonathan Cellona, ABS-CBN News

We remembered last year's 20th anniversary with the unveiling of a marker. I then raised the following questions on the filing of the class suit in Canada:


Are they serious about the case at all? Or are they just thinking of some other way to get hold of the money already offered amid nasty but serious accusations on public domain that somebody, somebody here is actually lawyering for the mining company?

Now it has surfaced that those who unscrupulously pushed the unacceptable settlement have wooed a law firm in Canada who have lawyered twice for the same company we're running after.

Curiously last year, even when the proposed settlement agreement had been resoundingly rejected by the Province, and the Nevada case already dismissed, that settlement was proposed again as if our people will ever forget the reasons for its rejection. 

A tarp in the recent mass action demands of the class suit: "WAG GAWING NEGOSYO ANG KASO". Could we blame our people for thinking that behind all these is such an elaborate conspiratorial plot?

For verily until today, the same familiar script we have seen is still being played out: 'Deceive, deceive, and deceive some more'. How? By adopting the same plain tactic that other deceivers follow, "Doesn't have to be TRUE, just needs to LOOK like that".

Reposting my last year's blog:


Tragedy of a legal case; Marker unveiled on Marcopper disaster's 20th anniversary

Isn't it a tragedy that after 20 long years, the provincial government of Marinduque has still not been able to take its case forward against Barrick Gold? 

And in spite of the fact that the vigilant Marinduque Council for Environmental Concerns (MACEC), municipal governments, stakeholders and local church prelates have urged the provincial government that the case should now proceed in Canada, the concerned public officials appear to be purposely bidding for time for the nth time again. For what?

Based on information, no less than the Bishop of Boac, Bishop Marcelino Antonio Maralit, Jr. had the opportunity to personally convey the loud message before the Sangguniang Panlalawigan. 

The good Bishop apparently had to politely resort to take up the cudgels himself for our people after it became apparent that the legal counsel who unscrupulously pushed the unacceptable settlement, resoundingly rejected by the people of Marinduque and the SP itself, was suddenly raising the settlement again during a recent public meeting - and getting support from top officials?


On the eve of the 20th anniversary of the mining disaster, environmentalist Joey Ayala, holds a free concert in Boac for environmental justice. Photo: Myke Magalang

It appears that the provincial government without providing any explanation to the stakeholders, are still bent, for reasons only known to them, to authorize the said lawyer and the US firm that stood as counsel in Nevada to refile the case - as if they could litigate in Canada. 

This, in spite of the fact that the provincial government had officially invited representatives of a Canadian firm in January for talks in the island-province together with the said US firm and with local officials.

Why should the Province pay for both US and Canadian lawyers if the case is going to go ahead in Canada? Does the SP have access at all to any draft contract with these lawyers that would enable the so august body to evaluate the possible conditions, costs, etc. - especially after the very controversial terms and costs entered into with lawyers involved in the earlier case? And so much for the 'dream team' hype and name-dropping.

Further, does the SP have access to the financing agreement, if any, to be able to see if there are any unacceptable conditions in it? 

Are they serious about the case at all? Or are they just thinking of some other way to get hold of the money already offered amid nasty but serious accusations on public domain that somebody, somebody here is actually lawyering for the mining company?

The Marinduque people, after 20 years of crying out for Environmental Justice still cling to dear Hope and Justice!