Showing posts with label Sangguniang Panlalawigan. Show all posts
Showing posts with label Sangguniang Panlalawigan. Show all posts

Wednesday, October 23, 2019

Expropriation of all Marcopper lots titled or untitled; SP to national govt: Intervene on threats to people and environment


Gov. Presby Velasco, Jr.
Marinduque Governor Presbitero J. Velasco, Jr. has formally endorsed to the Sangguniang Panlalawigan of Marinduque the passage of an ordinance for the expropriation of all the lots of Marcopper Mining Corporation "whether titled or untitled, and other related facilities including its port, for potential utilization of said area for its development into a free port and an export processing and tourism zone."

Governor Velasco also stated that "more than the aforesaid consideration, the Marcopper Mining sites, specifically its siltation dam, poses a major threat to the citizens, inhabitants, major river networks, and all other directly related stakeholders of the municipalities of Mogpog and Boac, thus the need to immediately act upon the said issue."

The 15th SP body, within the first couple of months of assumption into office, passed a strongly worded Resolution No. 23-2019, "strongly manifesting the frustration and disgust of the Province of Marinduque on the helplessness of the National Government to cause the implementation of the serious recommendation of the DENR-MRB to address the critical conditions of various structure and facilities of the abandoned Marcopper Mining site which are posing more serious threat to the life and security of the province's people and its environment".

Government of Marinduque. One Marinduque

This was immediately followed by another resolution addressed to the Regional Development Council MIMAROPA "to consider the creation of an Inter-Agency Task Force to assist the Province of Marinduque in its quest for urgent government response to the dangers posed by the abandoned critical structure and facilities of the Marcopper Mining Corporation." (Res.No. 24-2019).

Today, on the issue of expropriation of all the lots of the mining company, a committee hearing was held at the SP with resource persons from the Provincial Assessor's Office, (Engr. Rodrigo Opis), PG-ENRO (Engr. Rolly Josue), PENRO (Ms. Imee Diaz) and Governor's Office Atty. Mara Sore). and members of the SP.

With SP Members from left, BM Lauren Rosales, BM Tet Caballes, BM Adeline Angeles, BM John Pelaez, BM Ismael Lim, BM John Fernandez and resource persons, Imee Diaz (PENRO), Engr. Rodrigo Opia (PAssO) and Engr. Rolly Josue (PG-ENRO)
From left: Atty. Mara Sore of the Office of the Governor
stresses a point as BM Caballes and BM Angeles listen
As additional background, this blogger posted the following article on September 28, 2016, amid serious public concerns over the integrity of Marcopper's abandoned earth dams. No maintenance, repair and rehabilitation had been undertaken for more than two decades and with each passing day, these dams are at great risk for failure.

"One could only hope and pray that this central part of our island-province where copper, gold and silver were extracted, an area that has been turned into a danger zone of hellish pits and uncertainty, and a depiction of environmental degradation and man's greed, could finally be transformed into a symbol of a people's perseverance and strong resolve for social and environmental justice to be upheld."

Declare Marcopper as abandoned mine site

20 mining firms have been recommended for suspension following the completion of DENR's audit of mining operations in the country. 11 more will continue to be monitored according to the DENR. But nowhere in the news do we find anything about Marcopper Mining Corporation in Marinduque. 

Marcopper should now be declared an abandoned mine site. From being a source of mineral extraction it should now be turned into a tourist attraction.


A Marcopper landscape. Photo: Randy Nobleza

20 years have passed since the infamous environmental disaster of 1996. Nothing was done to rehabilitate the mine site and the abandoned earthen siltation dams that are in danger of collapse, as scientists have warned. One such structure had, in fact, collapsed and destroyed lives and property in 1993. Then no river cleanup of the Boac ever transpired after a massive tailing spillage in 1996, considered the worst in the country's mining history.

It's a wonder that calls from the people of Marinduque for government action, and enumerable pleadings from local and national environmental groups have not been heeded. No one has risen to the occasion even as official assurances were given to seriously address such calls and pleadings.

In 2001 an agreement was made, according to which responsibilities were left with Marcopper, while Placer Dome, the Canadian co-owner fled the scene for good. The more that nothing  happened, so there goes claims of being socially responsible.

How it is even possible that in all those years, no mine environmental rehabilitation plan was ever implemented, is one for the books.


People have not forgotten. Photo taken at a mine spill commemoration rally. Photo: MACEC
We only know that the last 20 years merely saw the conduct of numerous congressional hearings, consultative meetings with concerned stakeholders, street protests and rallies, many cases filed before local and foreign courts, some of which were merely dismissed for various reasons. All of these have left our people's spirits drained.

Not even a High Court's favorable, final and executory decision on a tax case against the company was ever pursued for implementation by the local government concerned. And what about real property taxes now exceeding the amount of one billion pesos that have remained unpaid to most of Marinduque LGU's?


Marcopper landscape enjoyed by motorcycle riders. Photo: arkimx

What do we do now with the Marcopper mine site?

We cannot continue to just wait for another generation and do nothing about this unfortunate legacy of environmental degradation caused by the irresponsible rich, the high and mighty. It should be humanly possible to find creative solutions to the clear threats the mine site poses to our lives and to our environment.

The peace-loving people of Marinduque have been overly patient. But now, the time has come for the infamous Marcopper in Marinduque, best described as being the 'poster child for irresponsible mining, past and present', to be resolutely declared by the Duterte administration as an 'abandoned mine site'.

This should, however, entail full responsibility by the government to take the necessary steps to rehabilitate critical areas and structures therein to prevent any looming new disasters from ever happening again. 

Special eco-tourism zone

Government should then take the more challenging steps needed for the development of Marcopper's mining tenements in Sta. Cruz covering 4,758.32 hectares into what has been an elusive dream for Marinduquenos - conversion of the mine site into a special eco-tourism zone. 


Area still with lush vegetation in the mines. Photo: arkimx
This idea has been floated around for ages and remained just that. But it does provide an answer that, necessarily, would address the dam threats, and thereafter, entail the utilization of all existing mining infrastructure for reuse. That includes an airport strip and power facilities whose operations had ceased. A now abandoned golf course could also be redeveloped, as well as an existing hospital facility that could open up new possibilities.

Environmental rehab

Then, for once, the existing but untapped Makulapnit Water Reservoir could supply water for the tourism zone, the neighboring barangays and the Boac community. Boac has its own share of perennial water supply problems. For once, too, decision makers, setting aside selfish interests, should welcome the opportunity of being part of such a challenge.


Makulapnit Water Reservoir. Photo: Luna "Pongkoy" Manrique

Extraction to attraction

More visitors could be drawn to Marinduque because of its beaches, caves, mountains, forests, its rituals, festivals, and its natural and laid-back ambiance. It was only a few years ago when this island-province was named one of the world's top islands for these natural attractions. Huge opportunities may have been lost but it cannot be too late for them to be resurrected.

Lack of foresight, planning and management could, of course, compromise whatever good plans well-meaning people might have on this move. Therefore, this would-be special eco-tourism zone development of the area must be master-planned by professionals or site planners with great achievement record.

As already mentioned, in the case of this virtually orphaned mine site, there are existing infrastructures that only need to undergo the necessary rehabilitation for reuse - such as existing roads (that should make the adjacent barangay residents very happy), airport, seaport, power facilities, golf course, hospital, housing and other mining facilities that could be converted into sites for passive and active recreational activities. A source of mineral extraction turned into a tourist attraction.

Pray

One could only hope and pray that this central part of our island-province where copper, gold and silver were extracted, an area that has been turned into a danger zone of hellish pits and uncertainty, and a depiction of environmental degradation and man's greed, could finally be transformed into a symbol of a people's perseverance and strong resolve for justice to be upheld.

Coal mine in Upper Nithsdale (UK) turned into tourist attraction.

Monday, March 27, 2017

As some provincial officials race to push questionable MOA, DOH-MIMAROPA sounds alarm for evacuation option on Marcopper

Devil-may-care? The provincial board has voted against the MOA, but as some Marinduque provincial officials still race to get the highly controversial contract signed with US lawyers, a third party funder and a Canadian law firm that lawyered for the same company the Marinduque government is running after, DOH-MIMAROPA regional director Eduardo Janairo has sounded the alarm for a contingency plan to mitigate the effects of irresponsible mining in Marinduque.


The municipal government of Boac, with Mayor Roberto Madla launched the construction of a two-storey evacuation center in Brgy. Hinapulan during the Marcopper tragedy commemoration on March 24, 2017. Photo: Michaela Ornedo

DOH-MIMAROPA sees evacuation of Marinduque residents due to Marcopper


Should the continuing effect of the Marcopper Mining incident persist, Department of Health – MIMAROPA (Oriental/Occidental Mindoro, Marinduque, Romblon and Palawan) and Chairman of the Regional Inter-Agency Committee on Environmental Health (RIACEH) stated that the plausible option was to evacuate the residents of Marinduque for their security and interest.

“We need to prepare a contingency plan to mitigate the effects of the Marcopper Mining incident and to formulate immediate and concrete solutions to provide the necessary responses to the effects of the four-decade mining incident that has affected the health, livelihood and lives of residents in twenty barangays in Marinduque,” Regional Director Eduardo C. Janairo stated during a recent RIACEH meeting held at the Hive Hotel in Quezon City.

First among the interventions laid was the creation of a Provincial Task Force to track all data and information regarding the effects of the mining for a quicker response.

Second, is the setting up of medical and environmental surveillance system, for the early detection and identification of patients manifesting signs and symptoms of chemical poisoning including the establishment of a two-way reporting system for immediate response, management and treatment of cases.

Municipal officials with Bishop Junie Maralit during the unveiling of the marker in Hinapulan commemorating the infamous Marcopper tragedy

According to Director Janairo, interventions for the effective clean-up of mine tailings will be started immediately which includes Phytoremediation, the planting of various trees, like the Beema bamboo, to remove, transfer and destroy degradation of contaminants in soils, surface water and ground water in affected areas of the province.

“The recent discovery of leaks in the diversion tunnel of the abandoned Makulapnit Dam in Boac, Marinduque raises fear and public concern and we should all act as guardians of the people, to safeguard not only their health and security but their life as well. Worst case scenario if these concerns are not properly addressed is to evacuate all residents out of the province,” he added.

The RIACEH is a committee headed by the Department of Health Regional Office and composed of fourteen (14) regional offices which aim to work and coordinate jointly on all environment related problems that continuously affect the health and welfare of the people. - DOH Mimaropa/Romblon News

Also read:


MACEC: Pagbibigay ng authority kay Gov. Reyes ni-reject ng Sangguniang Panlalawigan





Sunday, March 26, 2017

Kaso ng Marinduque: Kabulaanan mula sa simula, kabulaanan pa rin ngayon, kabulaanan forever


January 21, 2012 unang tinalakay sa isang public forum ang tungkol sa kasong isinampa noong 2005 sa Nevada. Sa nasabing public forum ginanap sa session hall ng SP una ring napag-usapan ang proposed settlement pero hindi binigay ang ano mang detalye tungkol sa mga kondisyones. 

Reklamo ng mga opisyal ng SP 'we have been kept in the dark'. Sagot naman ng Atty. Skip Scott: "It's your liaison officers! They have not been kept in the dark!"

Sagot naman ni Bokal Allan Nepomuceno na liaison officer:  “… Kabilin-bilinan ni Skip, ating abogado, ay huwag munang magbibigay… So, ako ay sumusunod lang sa pinag-uutos sa akin ng mga abogado.”

Pusoy. Turuan. Sa huli, sabi ni Scott: “…the President (Aquino) himself, none of those people will say I have kept them in the dark!” Shock waves, silence.

Sa huli, sumabog sa mukha nilang lahat na mga sinungaling ang kanilang nilihim. Kaya matinding nag-alsa ang bayan dahil sa kasukasukang mga kabulaanan. Kabulaanang kayang ipangalandakan ng mga kampon sa NGALAN NG SALAPI!

At dahil ngayon, 2017 na, ay walang humpay pa rin ang mga kampon sa kanilang kasinungalingan, na paboritong kagamitan ng diyablo, narito ang post ko noong 2013, base sa video ng January 2012 public forum.


Another thick and tyrannical plot unfolding? Public Forum on the Marinduque lawsuit against Barrick Gold


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.

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?

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.

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 (Nepomuceo) 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... 

BM Mel Go, Vice-Gov. Antonio Uy, Jr., BM Bong Raza and BM Allan Nepomuceno
 Excerpts from the ‘Public Forum’ held on January 21, 2012, at the Sangguniang Panlalawigan ng Marinduque with Vice-Governor Antonio Uy, Jr., some members of the provincial board, Atty. Walter J. Scott, (US lawyer engaged by the provincial government) , Atty. Jack Advincula, (Filipino legal counterpart), some officers and members of Marinduque Council for Environmental Concerns (MACEC), plus a few local media practitioners. None of Marinduque's municipal officials to represent their constituents were invited:

MACEC executive director Myke Magalang and MACEC members
"MAGALANG: Hindi po kami nandito para makinig ng updates. Kasi alam na po namin yung updates. Ina-update po kami lagi ni Atty. Skip at Atty. Jack. Pumunta po kami para suportahan yung kaso at para sabihin sa inyo (board members), paulit-ulit, na puwede bang magka-isa na kayo..

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!

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 ).

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… (Note: There was no such 'gag order').

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.
Old Marcopper Minesite 
 LYN ANGELES: ...When you said that the mediation process is almost nearing , in the next five months,  do you expect the mediation process to be reaching an end?

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…

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 GOAre 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 (Aquino) 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".