Indigenous Peoples were ’shocked’ to learn this week that the application of three new Philippine mining firms has been approved into one Financial or Technical Assistance Agreement (FTAA) on Palawan, a UNESCO “Man and Biosphere Reserve” in the Philippines.
Approval of this FTAA application will allow the Canadian mining firm MBMI and its Philippine Partners to substantially increase exploration activities and to progress toward full-scale nickel operations in the municipalities of Rizal, Bataraza, and Narra.
In response to the news–and the ongoing incursion of mining developments in Palawan–more than 500 Indigenous Peoples have arranged to hold a ‘Karaban’ anti-mining rally on 7 June, 2010.
Shocking new health study confirms Native health concerns; questions Health Canada guidelines Toronto – The health impacts of mercury poisoning in Grassy Narrows people are worse now than in the 1970’s, say the shocking results of a newly translated health study by Japanese mercury expert Dr. Harada. The study is being released today on the 40th anniversary of when Ontario first banned fishing on the Wabigoon River due to mercury contamination by the Dryden paper mill upstream. The study finds that Health Canada safety guidelines are too low to protect people from the cumulative long-term health impacts of low level mercury exposure, which is now ubiquitous worldwide due to industrial pollution from sources such as coal burning power plants. (more…)
Six weeks ago, Peru’s Ministry of Energy and Mines announced that it was “indefinitely suspending” the exploration activities of a Canadian mining company inside the sacred territory of the Awajun and Wampis Peoples.
AMAZONIA FOR SALE Uploaded by ORE-MEDIA. – News videos from around the world.
The announcement was curiously timed just a few days before a new mobilization was supposed to be launched in the Amazon. In part, the mobilization was going to be aimed at the Canadian company, Minera Afrodita (Dorato Resources) , who is believed to be contaminating the Cenepa and Maranon rivers with mercury and cyanide waste. As many as 13 thousand indigenous people depend on these two rivers. (more…)
Taseko Mines Ltd. is seeking to prevent a federal panel reviewing its proposal for a gold and copper mine in northern British Columbia from showing a public hearing a documentary it says is biased in favour of the Tsilhqot’in First Nation, who are opposed to the project.
The Tsilhqot’in National Government had requested the film, Blue Gold: The Tsilhqot’in Fight for Teztan Biny (Fish Lake), be shown during a public hearing on Taseko’s proposal, according to a message sent today to review panel participants by the panel’s chair Robert Connelly.
by Elio Henriquez, correspondent for “La Jornada” Saturday 28th November, 2009
(translated by Megan Kinch)
On Friday night, 27th , Mariano Abarca Roblero was assassinated by gunshot. Mariano was one of the strongest opposition leaders against mining exploitation by the Canadian mining company Blackfire in the hills of Chiapas, Mexico.
Gustavo Castro, of the Network of Mexicans Affected by Mining (REMA for its initials in Spanish), said that according to those close to Mariano he was assassinated around 8:30 PM in the main part of Chicomuselo, close to the border with Guatemala, by a motorcyclist carrying a high-caliber weapon.
They explained that Abarca Roblero was talking outside of his house with Orlando Velásquez, also a member of REMA-Chipaas, when an unidentified person shot Abarca in the head and the chest. Velásquez was also was wounded and was transported immediately to a hospital en the city of Comitán.
Last August 17th, Mariano Abarca was arraigned by the Prosecutor General of State Justice after he was accused by Blackfire of various charges including organized crime. Due to a national and international outcry against this injustice, he was freed on the 24th of the same month, where he immediately joined the sit-in with his fellows in the municipal seat of Chicomuselo to press for the immediate removal of the company. At the end of August, the participants in a second meeting of Chiapas members of REMA in Chicomuselo, celebrated his release.
Castro said that the opposition leader in the exploitation of mines had filed a criminal complaint against a man (whose name was not provided) who was supposedly used by Blackfire to incarcerate Mariano in August. He said that this person had been summoned to appear before the proper authorities yesterday, but the case was postponed until next Thursday.
Gustavo Casrtro put forth his theory that the murder of Mariano Abarca is related to his years of campaigning against mining exploitation.
According to data from REMA, the federal authorities have authorized 54 permissions for mining exploitation to Canadian Companies in their municipalities: to Blackfire extract barite, gold and antimony en more than 10 concessions; Linear Gold Corp, with 24 concessions, mostly gold and some of them granted for 50 years; Frontier Dev. Group with 12 projects, and also with New Gold Inc. with three concessions and Radius Gold with 7, although apparently these last ones have been withdrawn.
PRESS RELEASE
AMAP CONDEMS THE ASSISTATION OF MARIANO ABARCA
28th November 2009
The Mexican Alliance for the People’s Self-determination (AMAP for its initials in Spanish) expresses its condemnation for the assassination of Mariano Abarca Roblero, which occurred the night of the 27th of November in Chicomuselo, Chiapas. The same attack also resulted in the grave wounding of his companion Orlando Velazquez.
Mariano led a citizen’s resistance in the municipality of Chicomuselo against the Canadian mining company Blackfire and participated actively in REMA (the Mexican Network of People Affected by Mining). Given his intense activity he was harassed on many occasions ans arbitrarily detained last August, where he was kept for 10 days before being released.
However, the hostility against his person has recently increased. Only a few days ago he filed formal charges against the Directors of the Blackfire, who had delivered death threats in a public manner and appear to have followed through on them.
AMAP demands that this crime not go unpunished and beseeches to the government of Chiapas led by Juan Sabines that the material and intellectual perpetrators of this crime be prosecuted to the full extent of the law , and that the Attorney General’s office immediately follow the investigations already begun on the denunciation made by Mariano against LUIS ANTONIO FLORES VILLATORO and CIRO ROBLERO PEREZ, the first of these head of public relations for the Blackfire mine, who had publicly threatened to kill Mariano Abarca.
No more crimes against defenders of social justice! End the criminalization of citizen protest!
Mainstream press in Canada is reporting on Canadian Mining abuses abroad
This week’s reporting in the Toronto Star included a series of important reports on Canadian mining companies operating abroad. The first report detailed allegations (backed with video evidence) that companies have used paramilitaries to violently trample their opposition to mines that threaten rainforests and their way of life in Ecuador. It also gives some context into Canada’s track record of ignoring a long history of similar allegations. The second article focused on Barrick’s Porgera mine in Papua New Guinea and particularly on Sarah Knuckey’s (Lawyer, Center for Human Rights and Global Justice, New York University School of Law) testimony before the Standing Committee on Foreign Affairs and International Development (FAAE). There, she repeated personal accounts of gang rape and other mine security violence told to her during her time in Papua New Guinea. Finally, the third article told the story of Romina Picolotti, a former Argentine environment minister who testified to receiving threats against her and her family following a mining intervention.
John McKay, Liberal MP for Scarborough-Guildwood, has introduced a private member’s bill designed to put controls on mining companies overseas. Conservatives have vowed to kill the bill, which is opposed by Canada’s mining industry. MPs are debating it in a House of Commons committee this week.
One of Africa’s Poorest and Most Embattled Countries is Prey to Canadian Mining Companies Searching for the Last Great Gold mine
In the heart of Africa, did a Canadian mining company cut a deal with an infamous and violent African militia that played a major role in the Rwandan genocide of 1994? According to one expert of the militia, known as the “FDLR,” or the Forces démocratiques de libération du Rwanda, the mining company has no other choice if it wants to safely dig up billions-of-dollars worth of gold for themselves and their investors.
The mining company with the fever for African gold is the Banro corporation of Toronto. It owns four mines relatively close to each other in the eastern regions of the Democratic Republic of the Congo (DRC). Specifically, the mines are located in the eastern DRC province of South Kivu, a rugged landscape of jungles, volcanoes, and millions of poor Congolese. Still in an exploratory stage, Banro believes that 10 million ounces could be extracted, and if gold stays around US$950 oz., that’s roughly $10 billion.
Now Banro is trying to raise hundreds of millions of dollars via the Toronto Stock Exchange so they can begin mining this bonanza, calling it Africa’s last great gold deposit. Banro also boasts about the tax-breaks they’ve been given by a country the UN states is ranked 177th out of 179 on its Human Development Index, which measures life expectancy, annual GDP (in the case of the Congolese, $300 a year), literacy rate, and number of school-aged children being educated.
Banro’s Third World adventure is a familiar quest Canadian mining companies have undertaken during the last 20 years. Increasingly restricted by newly enacted environmental legislation in its own home¬land, a Canadian mining company leaves for a nation where the environmental laws are weak and the politician’s cheap. Funding for Banro’s African dig flows easily from the Toronto Stock Exchange. And like a lot of foreign labour, it is also dirt cheap in the eastern DRC—- where artisanal miners gladly work for just a few dollars a day.
According to CorpWatch.org, 60 percent of all the world’s mining companies are based in Canada, generating $50 billion a year for Canadians. “The Toronto Stock Exchange is the number one (generator) for mining capital in the world,” says Jamie Kneen of MiningWatch Canada, an Ottawa-based mining industry watch-dog group. Taking your operation overseas also saves your country from dealing with the mess: 20 tonnes of waste rock comes from the creation of one gold wedding ring.
But the story of Banro in the Congo has a twist. A risk actually, that some believe could turn into another African nightmare for all involved. The eastern regions of the DRC have been stricken by a decade-long “resource war” — a moniker that former Prime Minister Tony Blair and the UN has used to describe the conflict that has laid siege to the eastern DRC. This resource war has cooled of late, but the threads of peace and stability in the eastern DRC have always proven to be fragile. Thus the possibility of another western-based mining company taking billions of dollars right out from under the feet of the Congolese could create a spark that re-ignites this war.
In the late 1990s, so strong was the lure of eastern DRC gold, casserite, and coltan, that neighbouring countries of Uganda and Rwanda invaded with proxy militias and their own armies. In 2000, the Rwandan military and connected politicians, for instance, made $250 million moving coltan out of eastern DRC to Western-based mining companies and metal traders who then sold the resources to companies that manufactured parts for the likes of Sony and Motorola. Coltan, when processed becomes the powder tantalum, which is used in the making of capacitors — capacitors needed to make cell phones, video game consoles, and computers so valuable to western personal technology.
This conflict, waged in part so the West can have its personal electronics, cost the lives of three to five million Congolese and other Africans, according to many NGOs.
In the Neighbourhood
While Banro’s mines are not directly in the heart of where this resource war was waged the fiercest, their mines are awfully close. Indeed, one of the biggest players in the resource war was the FDLR, which owes its existence to illegal mining. According to FDLR-expert Hans Romkema, director of Conflict and Transition Consultancies of the Netherlands, each of Banro’s four mines are just a few miles from territory control¬led by the militia, which is an estimated 6,000 strong. Romkema has monitored the militia in-country on several expeditions. He says the FDLR, for the most part, is the only military and political force near Banro’s mines — a force that exploits natural resources, controls trade, collects taxes, and dominates the local population. The FDLR is composed of Rwandan Hutus who escaped into the neighbouring eastern forests of the DRC after the 1994 Rwandan genocide and alleged to have played a major role in murdering 800,000 Tutsis and moderate Hutus. The FDLR aims to overthrow the current Rwandan government, but several FDLR leaders use the movement to protect themselves because they are wanted by the U.S. government and the International Criminal Tribune for crimes committed in 1994.
Romkema reported in 2007 that some Congolese civilians are undergoing military training so the FDLR can indoctrinate them as “Interahamwe” — those who committed genocide. Romkema believes Banro’s mines are too big and no militia “will have the guts to take control over one of those mines.” Thus no Canadian troops or any western-based private army will ever have to be flown into central Africa — hopefully. Over the past 12 months, Congolese and Rwandan government troops, along with UN Peace-keeping forces (there to enforce a peace treaty), have conducted numerous operations to oust the FDLR once and for all. The FDLR are clearly agitated, some fleeing toward Banro’s mines, reported the UN.
“There are widespread reports … of atrocities including accusations of murder, rape, and torture, on the part of the FDLR rebels,” said UN spokesperson Ron Redmond to the newswire Agence France-Press late last summer. Last May, the FDLR struck back, attacking a village in South Kivu killing 60 civilians and 30 government troops, according to the UN. On its website, the FDLR has denied any involvement.
The risk seems too great for any mining company to take the chance, but to hedge their bets, Banro may have no choice but to play “by the rules” of the eastern DRC, Romkema says. Meaning they will have to bribe or make some type of off-the-books agreement with both the Congolese government and whatever militia controls the territory their mine is located in, he says.
“In my view, Banro cannot work, neither in their (mines) without having had some contacts with the FDLR,” says Romkema. “Those contacts can have occurred through an intermediary. But somebody must have passed the message to leave the miners alone.”
Banro’s Martin Jones, a spokesperson from Toronto, refutes Romkema’s claim. “He’s not going to find any FDLR in the neighbourhood,” he said referring to the forests 20 to 40 miles south west of Bukavu, the capital of South Kivu, where one of Banro’s mines are. Three years ago an FDLR column passed nearby without incident, which prompts Jones to say the militia is not the concern the NGOs make them out to be.
Exposing the Mine
Nevertheless, the presence of another Canadian mining company near the killing fields of a past conflict waged so the West can have its technological toys raises a potent question: Can Banro reverse the deadly trend of resource-driven wars in Africa by putting millions back into a community which is also heavily employed by Banro?
Jones says Banro is not just interested in Congolese gold. They’ve invested into the area by building several schools, roads, and a potable water system for a region in desperate need of such infrastructure. They also said they will spend $13 million to relocate a small village of 750 Congolese, while also finding work for 800 Congolese miners who are digging “illegally,” as Banro says, near the same mine.
Romkema says if Banro operates in the same way other Western mining companies have in the past in the Congo — illegally and secretly moving resources out of the country and bribing corrupt DRC officials — “They’ll help to maintain the illegal networks that have characterized the DRC for so long and that entirely destroyed the Congolese State.” The FDLR has been part of illegal networks for many years, networks that usually end at Western-based metal brokers, such as Britain’s Afrimex, Bangkok’s Thaisacro, and Belgium’s Trademet, as uncovered earlier this year by Global Witness, a British-based NGO.
Calling out the Companies
When U.S. Secretary of State Hillary Clinton travelled through the Democratic Republic of the Congo (DRC) this summer, she railed against the sexual violence that has victimized Congolese women. She also lambasted corrupt DRC officials, calling for more government transparency and accountability. But something was inexplicably missing in her Congo roundtables, even though Congolese journalists tried to prod her about the issue. There was hardly any atonement for the Western-based mining companies and metal brokers who have helped fuel the DRC resource war of the last ten years.
“The future of Africa is up to the Africans. The future, ultimately, of the Congolese people is up to the Congolese people,” she said to journalists.
Someday that may hold to be true. But without question, the recent past of the Congolese was partially dictated by Western-based mining companies and metal brokers. A significant number of them are Canadian, as revealed by a 2001 UN investigation titled “The illegal Exploitation of Natural Resources and Other Forms of Wealth of the DRC.” One of the Canadian companies named in the report was Banro while others included First Quantum Minerals and Tenke Mining Corporation, both based in Vancouver. Simply put, these Canadian mining companies and metal brokers are accused of stealing resources from a nation, its people and government, which were overwhelmed by war.
Plundering resources from a nation in the grip of war is in violation of OECD guidelines for multi-national corporations, a voluntary set of moral standards for working in another country established by the think-tank the Organization for Economic Co-operation and Development, based in France. But the Canadian government — like many Western governments — are not bound to enforce OECD guidelines.
“The U.S. government was one of the most determined to quash the UN Panel’s reports but this is also true of Canada, the UK and Belgium,” says Tricia Feeney, executive director of the London-based Rights and Accountability in Development or RAID. “All (companies) were exonerated. The UN Panel said the cases had been resolved.”
Just because the UN laid down, says Feeney, doesn’t mean the companies are innocent. “Essentially the UN was forced to drop the case but as they explained (in their reports), ‘resolved’ didn’t mean that the initial allegations were unsubstantiated,” she says. “The (U.S. and Canadian) companies have tried to hide behind the technicality of ‘resolved’ but the UN itself made clear that this classification didn’t mean that the companies had not behaved in the way described in the UN reports.”
Which way will the Canadian government look?
In Ottawa, the Department of Foreign Affairs and International Trade Canada keeps watch on homeland mining companies working overseas. Spokesperson Laura Dalby stated in an email they are closely monitoring Banro’s four mines using trade commissioners based in the DRC capital of Kinshasa. “Canada encourages and expects Banro Corporation to respect all laws and international standards, to operate responsibly, transparently, in full consultation with the DRC government and the local community in which they are conducting their operations,” she wrote.
What’s more, Banro continues to receive “full cooperation and support” from the DRC’s central and provincial governments, she stated. The department is hoping Banro finds a way to boost the eastern DRC out of its war-torn malaise.
“We hope to see positive outcomes as a result of Banro Corporation’s investments and Corporate Social Responsibility activities in the DRC. This is meant to drive forward the country’s industrialization and create new and income-earning opportunities for the fast-growing population,” she wrote.
Just four years ago, however, MiningWatch’s Jamie Kneen said the Canadian government essentially looked the other way following a massacre in which a Canadian mining company played a role. In October of 2004, Anvil Mining, the leading copper producer in the DRC, had to shut down production at their Dikulushi Mine when a so-called “rebellion” took place in a nearby village a rebellion of “10 to 12” villagers that had nothing to do with mining, said Kneen. Congolese Armed Forces (FARDC), of the DRC government, proceeded to seize the town, says Kneen, then went door-to-door “raping and pillaging.” Between 70 to 100 civilians were killed including women and children. Kneen said the DRC forces had Anvil’s “full cooperation.” Anvil claimed the DRC forces basically put a gun to their chest. Anvil nevertheless offered up trucks and logistics, says Kneen; trucks that transported troops and dead civilians.
In the aftermath, the Canadian government “refused to investigate because there’s no legal mechanism in place,” says Kneen.
In 2002, Toronto’s Barrick Gold, Canada’s biggest gold miner, was accused by NGOs of making mining agreements with two eastern DRC militias, which at the time were in the midst of murdering hundreds of civilians. In return for the mines, the militias were given housing and trucks, among other appeasements. When some of the rebels were apprehended by government forces, Barrick paid for their lawyers. In December of 2008, a Barrick Gold mine in Tanzania was overrun by hundreds of angry locals, ceasing production. Millions of dollars of damages was reported.
“If the people are not improving their lives as a result of the gold exploitation, it will be easy for rebel groups to recruit amongst the region’s youngsters,” Romkema says of Banro. “I never had the impression that the population (near Banro’s mines) is benefiting anything from the exploitation (or mining) of minerals.”
FOR IMMEDIATE RELEASE AND WIDESPREAD DISTRIBUTION:
MEXICAN SUPERIOR COURT ORDERS THE IMMEDIATE END OF NEW GOLD (TSX: NGD)-MINERA SAN XAVIER’S MINING PROJECT AT CERRO DE SAN PEDRO, SAN LUIS POTOSI
October 29th, 2009.
San Luis Potosí
On the 24th of September, 2009 the ninth Tribunal of the first circuit courts ordered the Federal Tribunal of Fiscal and Administrative Justice to emit its sentence on the suit presented by Pro San Luis Ecologico. It reads:
“…the plaintiff’s suit is well-founded. Be it resolved, on basis of art. 239-B:IV of the Federal Fiscal Code, that the authorization accorded to Minera San Xavier, S.A. de C.V. in the permit S.G.P.A./DGIRA.DG.0567/06 by the Director General of Environmental Impacts and Risks at the Ministry of the Environment and Natural Resources (SEMARNAT) is null and void. By our order the SEMARNAT, which has already ignored a previous ruling by the court on the 5th of October, 2005, has 20 days to advise the affected party and carry out the sentence.”
CONCLUSIONS:
a) SERMARNAT, in complicity with Minera San Xavier, violated the law by granting the company its permit on the 10th of April, 2006. This was made clear in the Federal Court’s sentence of the 5th of October of 2005 which stated that not even in a conditional form could the SEMARNAT emit the land-use change permit to the company.
b) This violation of the law involved a diverse set of people, principally the managers of the company, authorities of the previous state, federal and municipal levels, as well as various members of the Partido de Acción Nacional. These individuals must be judged and punished.
c) With this sentence, Minera San Xavier has lost its single-most important operating permit (which, indeed, it never had). We must also remember here the long line of injunctions against the company that were obtained by the members of the Nucleo Ejidal Cerro de San Pedro, injunctions that have been systematically ignored.
d) The illegal work of New Gold – Minera San Xavier has created severe and irremediable consequences for the natural environment of the Valley of San Luis, such as the loss of a unique environmental and historical heritage for the Mexican nation.
THIS SENTENCE BEGINS THE FINAL LEGAL COLLAPSE OF NEW GOLD –MINERA SAN XAVIER. THE COMPANY HAS NO LATER THAN THE 15TH OF NOVEMBER TO CEASE ALL ITS OPERATIONS. THIS IS A HISTORIC TRIUMPH THAT WE WILL DEFEND WITH ALL OUR DETERMINATION.
STOP THE IMPUNITY!
HALT THE ILLEGAL OPERATIONS OF NEW GOLD-MINERA SAN XAVIER IMMEDIATELY!
PUNISHMENT OF THE GUILTY PARTIES!
Given the above, the Frente Amplio Opositor a la Minera San Xavier demands the immediate intervention of the state’s new authorities to stop this ecocidal company and to begin an investigation that will identify the culprits and bring them to justice for their crimes against Mexico’s national sovereignty.
TO ALL THE CITIZENS AND ORGANIZATIONS WHO STAND IN SOLIDARITY HERE IN MEXICO AND ACROSS THE WORLD:
THE FAO IS PUTTING OUT AN URGENT CALL FOR HELP IN SPREADING NEWS OF THE IMINENT DEPARTURE OF NEW GOLD-MINERA SAN XAVIER FROM THE CERRO DE SAN PEDRO POTOSI.
WE WILL BE WATCHING THE FEDERAL AUTHORITIES. WE ASK THAT BY JUSTICE AND REASON THEY HELP US IN THE IMMEDIATE APPLICATION OF THE LAW.
THE DESTRUCTION OF CERRO DE SAN IS A DEEP WOUND FOR THE VALLEY OF SAN LUIS. IT IS BUT ONE OF MANY OTHER ENVIRONMENTAL DISASTERS GENERATED BY CORRUPTION AND INFLUENCE PEDDLING.
IMMEDIATE APPLICATION OF THE LAW AND PUNISHMENT OF THE CULPRITS! IF THIS DOES NOT HAPPEN WE WILL ACT ACCORDINGLY.
“THE HOURS OF THE POLITICAL CLOCK ARE ALSO NUMBERED; THE POLITICAL LEADERS OF THE COUNTRY MUST NOT FORGET THIS.”
– SALVADOR NAVA.
We leave you with the contact information for various authorities, Mexican and Canadian, so that you can help us demand the immediate application of the law. This declaration is accompanied by a press release with a synthesis of the legal struggles surrounding this case since 2005 which details the violations committed by government authorities and the company with severe environmental, social and juridical consequences for the nation. Lastly, as a gift, we include the link to the video clip of Lic. Hector Barri’s press conference delivered in San Luis Potosí which explains this final chapter. New Gold must now answer for the damages it has created through this illegality.
Thank you for your solidarity. We will keep you all informed.
-FAO-
Lic. Hector Barri’s Press Conference: Minera San Xavier-New Gold must leave Cerro de San Pedro
FELIPE DE JESÚS CALDERÓN HINOJOSA
Presidente Constitucional de los Estados Unidos Mexicanos
Residencia Oficial de los Pinos Casa Miguel Alemán
Col. San Miguel Chapultepec, C.P. 11850, DISTRITO FEDERAL, México
Teléfono (55) 50935300 felipe.calderon@presidencia.gob.mx
WHEN THE Marinduque Council for Environmental Concerns (MACEC) received notice in 2007 that the case filed by the province of Marinduque against Placer Dome Inc. and Barrick Gold in the U.S. state of Nevada had been dismissed, MACEC executive secretary Miguel Magalang almost did not want to release the news.
“Baka bumagsak ang morale ng buonganti-mining movement (The whole anti-mining movement might lose its morale),” he explains.
Since 1996, two criminal cases have been filed against officials of Marcopper Mining Corporation and its Canadian investor Placer Dome, Inc. Both corporations have also been slapped with two civil cases. All of these cases were filed in the Philippines.
In 2005, however, the Marinduque provincial government decided to change tactics and pursued its claims against Placer Dome in a U.S. court, with 13 causes of action including violations of several Philippine laws, breaches of contract, and promissory estoppel (which assumes that one party wrongly or falsely made a promise to another party that caused the latter an economic loss).
The case against Canadian company Placer Dome was filed in the United States based on the “long arms statute,” which gives a local state court jurisdiction over an out-of-state company. Placer Dome has had extensive presence in Nevada since 1959; this means it has enjoyed the privileges and benefits of the state’s laws, and therefore fall’s under the state’s jurisdiction.
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MOGPOG resident Milagros Muhi recalls how her family got a measly P1,000 as compensation for the damage caused by the flood when the Maguila-Guila siltation dam burst in 1993. (photo by Karol Ilagan)
“Kumbaga, puwede kitang habulin (I can run after you, in other words),” says Eleuterio Raza Jr., majority leader of Marinduque’s Sangguniang Panlalawigan. “Even if you had operations in the Philippines and violated Philippine law, but if you operate…in Nevada, you have a presence (there). And what you did in another country, you can be tried for that (there).”
In January 2006, Barrick Gold Corporation, another Canadian mining giant, acquired 91 percent of Placer Dome’s shares. Six months later, Nevada District Court presiding judge Brian Sandoval granted the motion of the province of Marinduque that Barrick Gold be joined as a defendant in the civil case filed originally against Placer Dome.
A year later, Sandoval dismissed the case, not because it lacked merit, but because the court did not consider itself the right forum to resolve a dispute between a Philippine government unit and a Canadian multinational company. The Marinduque provincial government was given the options to file the case either in the Philippines or in Canada, but the Sangguniang Panlalawigan had reservations regarding these.
For one, reasons Raza, Barrick Gold might be given “home court advantage” if it is sued in its home country. For another, says the Marinduque provincial board member, cases filed in the Philippines have been barely inching forward.
“The judicial process in our country is discouraging,” he says. “Previous cases had not been moving in the last 10 years so we thought of adding pressure to Placer Dome.”
“We foresee that we can never get justice in our country,“ adds Allan Nepomuceno, another provincial board member. “Nawalan na kami ng kumpiyansa sa justice system natin (We’ve lost confidence in our justice system).”
Diamond McCarthy, the U.S. law firm that took on Marinduque’s case on contingency, has already filed an appeal in the Nevada appellate court. The amount of damage claim is not determined. Marinduque’s provincial board members say the damage their province suffers is unquantifiable, but that they would let the court to decide a just amount.
“This is a tough battle, but we’re not losing our hope,” says Raza. “(If) worse comes to worst, we (will) file the case in Canada.”
In fairness, Marcopper did set up an Environmental Guarantee Fund (EGF) Committee to oversee the fund’s dispensation, most of which was allotted as damage compensation. So far, the EGF has paid 5,318 claimants from Boac a total of P38,452,929.61. The EGF Assessment Team has also processed 1999-2001 damage claims totalling P37.5 million for Boac and Mogpog residents.
But there are still 5,242 claimants from both towns who have yet to receive from the EGF compensation that amounts to almost P64 million in total.
Mogpog resident Milagros Muhi also remembers receiving P1,000 after the 1993 flood in her town, and says that other families received the same amount. Still, she quips, “Ay, sapat na ba ‘yon (What, is that enough)?”
A class suit filed by Mogpog residents in 2001 against Marcopper is seeking more than P41 million in damages. The municipal governments of Boac and Sta. Cruz, meanwhile, want about P1.2 billion and P500 million respectively from Marcopper and Placer Dome officials.
The Calancan Bay Fisherfolk Federation (CBFF) also filed a P49.2-billion class suit against Marcopper in 2001. Of the CBFF’s 170 members at the time, five are now dead.
“Marami pa rin doon ang hindi malusog ang katawan, may sakit sa balat pero hindi naman kami makapagpasuri sa duktor dahil walang perang magamit (Many have become undernourished, with skin diseases, but we don’t have the money to see the doctor),” says CBFF head Paciano Rodelas. Yet, he says, he is willing to wait for justice to be served.
Lawyer Ronaldo Gutierrez, who is representing the CBFF in the case, says he’s in it for the long haul, too. “We anticipate this,” he says. “Law takes a while. Assuming that there is a fair judicial system, we could get our day in court.”
“Who am I to be impatient?” Gutierrez also asks. “All these people I’m representing have been waiting much longer.”
September 3, 2009, OTTAWA – The tar sands are creating severe environmental, economic and social problems in the Ontario – Michigan Great Lakes Region according to a new Polaris Institute report.
The report, “Toxic Trail Exposure,” is the result of an Ontario youth delegation that traveled together to Sarnia, Detroit and Windsor to uncover and expose the connections between the Great Lakes Region and tar sands developments.
Some of the key findings include:
Residents of Sarnia, Windsor and Detroit are located near five major tar sands oil refineries, are reporting disproportionately high rates of respiratory illness, cancers, skin disorders, and kidney problems.
Across the Great Lakes Region – in both Canada and the United States – youth are concerned about the impacts of ongoing tar sands developments and actively working to expose the dangers.
“Our findings clearly show that the tar sands are not just concerning for communities in Alberta, but a troubling national issue,” explains Tanya Roberts-Davis, report author and Polaris Institute Campaigner. “Here in Ontario, refineries that process tar sands oil are contaminating our watersheds with toxic chemicals, increasing air pollution levels, and polarizing our communities.”
Together the youth delegation and Polaris Institute are calling for a moratorium on all tar sands developments – from the pits in Alberta to the pipes and smokestacks in the Great Lakes Region.
no Abarca Roblero was assassinated by gunshot. Mariano was one of the strongest opposition leaders against mining exploitation by the Canadian mining company Blackfire in the hills of Chiapas, Mexico.
![MOGPOG resident Milagros Muhi recalls how her family got a measly P1,000 as compensation for the damage caused by the flood when the Maguila-Guila siltation dam burst in 1993. [photo by Karol Ilagan]](http://www.solidarityresponse.net/wp-content/uploads/2009/10/milagros-muhi.jpg "milagros-muhi")
