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Atienza: LGU has last say on Mindoro mining project

By Leila Salaverria, Alcuin Papa
Philippine Daily Inquirer
First Posted 00:09:00 11/22/2009

Filed Under: Local authorities, Mining and quarrying

MANILA, Philippines--The local government of Mindoro has the last say on the controversial nickel project on the island, Environment Secretary Lito Atienza said on Friday.

Atienza told reporters the environmental compliance certificate (ECC) issued by the Department of Environment and Natural Resources (DENR) to Intex Resources on Oct. 14 was just one requirement for the project to commence and that the local government must agree to the project.

?The project is still in the exploratory stage. There is no actual mining yet. It is up to the local government if they allow the project to push through,? Atienza said.

He explained that he could not arbitrarily cancel the ECC given to Intex ?because we have laws to follow. Besides, what message would we be sending to investors if I did that??

But Atienza stressed that if the project is proven to cover a watershed area and did not involve public consultations, as claimed by those opposed to the project, then the ECC would be ?automatically moot? in accordance with law.

Hunger strike

Last week, Mindoro government officials said they were opposed to the project because no ?significant? public consultations were conducted for the project.

On Tuesday, 25 Mindoro residents, mostly Mangyans, started a hunger strike in front of the DENR?s Quezon City offices to protest the issuance of the ECC to Intex, saying the project would damage the island?s environment and displace around 20,000 members of the Mangyan tribe.

On Thursday, Atienza held a dialogue with the residents and Mindoro officials. As a result of the dialogue, Atienza suspended the ECC for 90 days, saying Intex would have to prove it conducted public consultations and the protesters should prove the project covers a protected watershed area.

The protesters, however, said they would continue with their hunger strike. They said Atienza?s order did not consider a 25-year mining moratorium in parts of the island and that there was still a chance Intex could secure an ECC and get the go-ahead for the project. They called on Atienza to cancel the ECC immediately.

?We find DENR disrespectful of our local autonomy for not recognizing our province?s existing 25-year mining moratorium issued in 2002,? said Mindoro Oriental Gov. Arnan Panaligan in a statement yesterday.

Revocation, not suspension

?Our call for the revocation on the Intex ECC should not be watered down to a suspension of the ECC. We will further exhaust all legal and all extra-legal means to fight for our local autonomy to protect the long-term interests of our people,? said Mindoro Oriental Vice Gov. Estela Aceron.

Fr. Edu Gariguez of the Mangyan Mission, who joined the hunger strike, said the suspension, not revocation, of Intex?s ECC ?reflects the government?s bias for the mining company over the interest of the people of Mindoro.?

?Our protest has already escalated to the level of putting our lives at stake. We will not leave the grounds of the DENR and we are committed to continue our protest until the Intex ECC is revoked,? Gariguez said.

Activist priest Fr. Robert Reyes will lead a ?run-walk? at the Quezon Memorial Circle Sunday to show his solidarity with the hunger strikers.

The strikers also received support from Senate Minority Leader Aquilino Pimentel Jr., who said he did not want the nickel mining activities to destroy the province?s resources.

Toxic waste

?Mining is not per se bad. But I?m supporting the stand of the local government units and those opposed to mining in Mindoro because [mining operations] target the area of the watershed... Water sources would be depleted and whatever amount would be left would be affected by toxic waste,? Pimentel said at the Kapihan sa Sulo forum.

But Intex officials have maintained that environmental studies and public consultations were conducted. The consultations were held in October 2008 in Victoria, and on two separate dates in May 2009 in Pola and Mamburao, they said.

Aceron said the DENR directive to Intex showed that the department issued the ECC earlier even if the Norwegian firm did not have the proper documents.

?We are saddened that they issued the ECC on Oct. 14, 2009, even though the documents of Intex Resources were incomplete. Why did they issue the ECC when they are only now asking for documentation? That?s against the law... there must be prior consultation,? Aceron said.



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