Not for the faint-hearted
The empowering behind-the-scenes story which led to the inferred admission by the board of Asian Development Bank’s multiple violations of its own policies in funding the coal plants in Naga City, needs to be retold to as many stakeholders as possible.
It is an inspiring narrative of courage and relentless determination of citizens and nongovernment organizations standing firm in protecting not only the resident’s rights to life, health and ecological balance especially those who could not openly assert them. The continuing fight for environmental justice and its triumphs should convince public officials led by President Benigno Aquino III to prioritize the environment and the people’s welfare above economic and selfish considerations.
Indeed, chronicles of positive change taking place initiated by the unyielding beliefs and actions of individuals and organizations abound in our crisis-challenged society. As the world knows, we live in a country labeled as the “hottest of the biodiversity hot spots,” a fact that even environment officials publicly admit. Being a disaster epicenter, climate change will aggravate the dire deteriorating conditions and our quality of life.
“The Philippines is one of the most threatened in the world. The rate of extinction of species is 1,000 times the natural rate because of man made activities,” admitted Environment Undersecretary Demetrio Ignacio in a speech last year during the Association of Southeast Asian Nations (ASEAN) Champions of Biodiversity awards. He declared that there is “ a crisis. We are the hottest of the hot spots.” (Philippine Daily Inquirer, May 21, 2011)
Yet, the credibility-challenged Department of Environment and Natural Resources (DENR) continues to act as if it is not so. Issuance of permits on high impact environmental projects is bordering on recklessness, amid its illegal failure to engage the community’s participation prior to taking action. The Supreme Court, through Associate Justice Chico-Nazario, did not mince words in castigating DENR, as respondent agency, together with co-respondents Executive Secretary and other agencies, in allowing the installation of a dump site in San Mateo, a watershed area.
Excerpts of the case, Province of Rizal v. Executive Secretary (2005), are as follows:
“Respondents’ actions in the face of such grave environmental consequences defy all logic. The petitioners rightly noted that instead of providing solutions, they have, with unmitigated callousness, worsened the problem. It is this readiness to wreak irrevocable damage on our natural heritage in pursuit of what is expedient that has compelled us to rule at length on this issue. We ignore the unrelenting depletion of our natural heritage at our peril.”
Local government units, except for a few, upon whose responsibilities environmental protection has been devolved, sadly fare no better. Again, the Supreme Court, through former Chief Justice Hilario Davide, Jr., took the stand for the environment and the people, in its 1997 Tano v. Socrates ruling. It commended the LGUs which performed their ecological responsibility, took note of the “lethargy” of other LGUs, and declared:
“We commend the Sangguniang Panlungsod of the City of Puerto Princesa and Sangguniang Panlalawigan of the Province of Palawan for exercising the requisite political will to enact urgently needed legislation to protect and enhance the marine environment, thereby sharing in the herculean task of arresting the tide of ecological destruction. We hope that other local government units shall now be roused from their lethargy and adopt a more vigilant stand in the battle against the decimation of our legacy to future generations. At this time, the repercussions of any further delay in their response may prove disastrous, if not, irreversible.”
The Tano Ruling was promulgated in 1997. Progress in mainstreaming environmental consciousness and human rights, among local government officials and even DILG, has been very slow.
Our country will continue to be what Dr. Kent Carpenter describes as ‘the center of the center of marine biodiversity adversity’ if citizens allow the almost nil implementation of laws, the pervasive state of ignorance of rights and responsibilities to protect Nature and the people by public officials and citizens, the appalling apathy by those vested with the knowledge of law, science, economics and other fields, and the worsening anthropogenic impacts inflicted upon our home planet, and of course, the shameless avarice by those who worship money and the self above anything else.
The foregoing issues meshed with poverty, corruption and regulatory capture easily prevent less courageous human beings from doing their share in finding solutions.
The advocacy to protect human rights and promote justice, including restoring ecological sanity in our troubled land, is never for the faint-hearted.
Thankfully, there are persistent, principled and vigilant citizens who refuse to be overwhelmed, despite the challenges and the pressures. The residents of Naga City led by Engineer Vic Obando, the Freedom from Debt Coalition –Cebu, with particular mention of Aaron Pedrosa and Mike Enriquez and environmental and human rights advocates scored a major victory when the Board of ADB approved on 11 April 2012 the recommendations of the Compliance Review Panel (CRP) contained in its Final Report, in relation to the credit facility it extended for the operation of Kepco-SPC coal plants.
The Compliance Review Panel (CRP) was established after a complaint was filed on substantive and procedural lapses in the implementation of ADB’s policies in financing the coal power plant.
The approved CRP recommendations include (1) Undertaking “ a comprehensive air dispersion modeling study that includes the key pollution sources in the project’s area of influence and validate its predictions with actual air emissions and ambient air quality monitoring data”, (2) Undertaking “a comprehensive study on ash utilization at cement plants and the ready-to-mix concrete plant and implement plant-specific recommendations and EMPs. In addition, prepare and implement EMPs for the existing ash ponds and historic ash disposal sites, (3) Expanding or complementing “the existing MMT (multi-sectoral monitoring team) to ensure representation of all communities directly affected and all appropriate NGOs and to facilitate transparent and inclusive communication and grievance redress”, and (4) Implementing “ a community outreach program focusing on preventing negative health impacts from air, water, and noise pollution and potentially negative impacts from exposure to unprotected coal ash deposits.” The Board’s decision and the CRP Final Report are available in the CRP website: https://compliance.adb.org/dir0035p.nsf/alldocs/RDIA-8HF6GG?OpenDocument
Mr. Pedrosa views the ADB Board decision as a “a vindication for the affected people in Naga and a slap not only on ADB but also PNoy who inaugurated the project and defended it for complying with the Philippine Clean Air Act!” This columnist wonders what actions the President, the LGUs and DENR will take, if any, as a consequence. They cannot forever be silent.
