BAYOMBONG, Nueva Vizcaya - - A trial is expected to publicize alleged
human rights violations committed by OceanaGold Philippines Inc. (OGPI),
two years after the mining company reportedly demolished houses in a
Didipio, Kasibu village in this province.
This was disclosed by Peter Duyapat, chairperson of Didipio Earth-Savers
Multipurpose Association (Desama), which represents communities
displaced by the mining company's operations.
"We have long waited for this trial stage to commence and our dream that
OceanaGold will be finally held accountable for the damages meted upon
us is now a reality," Duyapat told GMANews.TV.
In February 2008, a regional trial court restrained OGPI from further
demolishing houses of Indigenous Peoples, saying that the mining firm's
activities "are tainted with irregularities and contrary to law."
OGPI has been accused of a massive demolition of 29 houses in Kasibu's
Didipio village, the site of the mining company's operations, without
writ or special order of demolition from the courts, unaccompanied by a
sheriff, and without just compensation and a relocation site.
Lawyer Minerva Quintela, representing Legal Rights and Natural Resources
Center (LRC-Ksk) and lead counsel for the plaintiffs told GMANews.TV
that OGPI has "indeed violated the constitution's Bill of Rights that no
person shall be deprived of life, liberty and property without due
process."
But OGPI's counsel, Jaon Catiling disagrees.
The company made hefty offers for those willing to sell their lots,
Catiling told GMANews.TV.
"Some chose the monetary equivalent while some opted to be awarded house
and lots which will be constructed in relocation areas on top of
P200,000 cash remuneration," she said.
Last November, members of the Commission of Human Rights (CHR) led by
its chairperson Laila Delima visited the mining town to investigate
allegations against the Philippine affiliate of the Australia-based
company.
Besides illegal demolition, residents have also complained that they are
being restricted to some access roads by fences that were constructed
around the mining firm's impact zone.
In response, OGPI said the fences were there for the safety of the
residents especially the children "when heavy equipment comes rolling
by."
New alliance versus mining
Josie Guillao of Task Force Detainees of the Philippines (TFDP) said
that majority of the people in Didipio used to support large scale
mining but "after a number of human rights violations have been
attributed to OGPI, most of them have joined the anti-mining movement,"
she said.
CHR's visit to the area was due to new developments following an
informal alliance between the pro and anti-mining group.
Previously, OGPI supporters outnumber the anti-mining groups due to the
"economic advantages" promised by the company.
However, the firm was placed on a "care and maintenance" mode last year
by its officials due to the scarcity of fresh funds from off-shore
financiers.
Quintela claimed that the beleaguered mining company has resorted to
forced evictions and demolitions to prepare for the resumption of its
mining operations as promised to their funders.
According to Didipio village chief Marilou Tablon, a former field
engineer of OceanaGold, majority of the residents now want a total
stoppage of OGPI's operations.
Unpaid tax obligations
Governor Luisa Cuaresma lamented that OGPI still refuses to pay some P28
million in unpaid taxes due to the province.
The governor through the provincial board has earlier endorsed the
operation of OceanaGold but withdrew its support when it said that it is
not bound to pay quarry taxes to its host government.
After Nueva Vizcaya issued a Cease and Desist Order (CDO) against OGPI
last year due to alleged non-payments of taxes, cases have since been
filed by both parties claiming that they are just following the law.
Still upbeat over mining
Despite the Didipio situation, Chito Gozar, OGPI's Vice President for
Communication and External Affairs, remained confident that anti-mining
groups will see the industry's advantages.
"We may not be popular due to the accusations hurled against us but
we're sure things will be seen in better perspective in days to come,"
he said during the visit of the CHR.
In the meantime, the CHR chief promised that an in-depth investigation
regarding the matter will be forthcoming but not before the DENR-MGB
(Mines and Geosciences Bureau), National Commission on Indigenous People
(NCIP) and the local government has explained what they had or had not
done to address the situation which unfolded right before their very
eyes.
New environment chief assailed
In a meeting with the media before the first court trial between the
plaintiffs and respondent OGPI on Wednesday, Quintela and Gerry Arances
of LRC, also assailed the appointment of new Department of Environment
and Natural Resources Secretary (DENR) Horacio Ramos.
Ramos is accused of kowtowing to the whims of the
environmentally-destructive mining companies when he was still the MGB's
national director.
"We cannot trust somebody who played coy with foreign capitalists who
are oblivious to the plight of the IPs and the environment," Arances
said.
Ramos denied the accusations, adding that it was mining for sustainable
development that he supported during his stint as MGB director. -
GMANews.TV
FLORO TAGUINOD, GMANews.TV -
http://www.gmanetwork.com/news/story/184778/news/regions/trial-vs-oceanagold-to-hear-alleged-violations
anagold-trial
25 February 2010
