Intex Resource's ECC defective and highly irregular!

October 26,2009

PRESS STATEMENT  

Intex Resources's Environmental Compliance Certificate (ECC) issued by DENR Secretary Atienza, defective and higly irregular!

 

Intex Resources triumphantly brags in its website that the Environmental Clearance Certificate (ECC) was issued to them by Department of Environment and Natural Resources (DENR) Secretary Joselito Atienza. Erlend Grimstad, CEO of Intex Resources ASA, claims that by having the ECC, “one of the most important milestones for this project has now been achieved.”


The ECC approved by the DENR on October 14, 2009, came amidst the catastrophic flooding and man-made disasters caused by wanton destruction of the environment. And instead of coming to rescue our fragile ecology, the DENR shamelessly pursued the national policy agenda of the Arroyo government to promote mining industry, with utter disregard to the risks posed by the destruction of Mindoro’s critical watershed through the risky large-scale, strip mining operation of Intex Resources ASA.

 

Governor Arnan Panaligan believes that “The ECC was granted in gross disregard to the strong and categorical opposition of the leaders and people of Mindoro to the nickel mining project. The DENR, in granting the ECC, placed the long term safety of the fragile environment of Mindoro Island in serious danger. Apparently, the DENR has not learned from recent environmental disasters.”

 

Approved House (Congress) Resolution No. 25, clearly asserts that “the Mindoro Nickel Project of lntex Resources and Aglubang Mining, covers one of the province's watershed areas as duly declared and identified in the Oriental Mindoro Provincial Physical Framework Plan. The mining exploration site encroaches on the Mag-asawang Tubig Watershed, the largest source of irrigation water for the 40,000 hectares of rice lands in Calapan City, and the towns of Naujan, Baco and Victoria, Oriental Mindoro.”

 

One of the most objectionable issues in the EIA study is that the flood-prone Barangays in the municipalities of Victoria, Naujan and around the city of Calapan, are not included in consideration of impact areas. This is one of the reasons why the ECC should not have been issued!

 

For several other reasons, the issuance of ECC is deemed highly irregular and patently questionable because the EIA study conducted for the Mindoro Nickel Project (MNP) did not pass the technical scrutiny of the EIA Review Committee, which refused to give definitive endorsement for the project. However, Secretary Atienza, in complete disregard for the scientists and experts’ evaluation, unilaterally approved the ECC!

 

As of this writing, the Chairman of the EIA Review Committee for MNP is contemplating on resigning on all his EIA Review engagement labeling the practice as a sham.

 

Intex Resources, privy to the decision of EIA Review Committee, should instead be ashamed of an ECC obtained spuriously without passing the standard of credible scientific approval. But Intex Resources did not report this information and it again fails to be transparent in disclosing the negative facts about the project by constantly projecting half-truths and contentious claims.

 

The timing of the ECC issuance is also of particular concern and is considered highly irregular. It comes at precisely the time when an investigation of a complaint before the Organization for Economic Cooperation and Development (OECD) Norwegian National Contact Point in relation to Intex's project is about to commence, with a fact finding by the Norwegian Ambassador to Mindoro scheduled soon.

 

A critical report of prior fact finding trip conducted by the Ambassador in 2007 concluded that ‘The majority of the population on the island of Mindoro is against mining...[They] fear first and foremost destruction of their “watershed” area/flooding/destroyed agricultural land/negative impact on fishing as a result of toxic waste . . .What does seem clear, is that Crew Minerals (now Intex) may have substantial difficulty obtaining an ECC - because of the massive local resistance, not least the resistance in the Mangyan peopleʼs NCIP-registered organizations.'

 

The issuance of the ECC is an outright insult to the people of Mindoro who have continually expressed their vehement and overwhelming opposition to the project as articulated in the Mining Moratorium of Oriental Mindoro and Municipality of Sablayan, in volumes of Sangguniang Bayan Resolutions, Position Papers of sectoral and civil society organizations, indigenous peoples, farmers, fisherfolks and the Church.

 

Governor Josephine Ramirez-Sato of Occidental Mindoro expressed her total disappointment for the national government’s imposition of pro-mining policy even when it runs contrary to the genuine development thrust of the province: “isang malakas na sampal ito sa autonomy ng lokal na pamahalaan na siyang tunay na nagmamalasakit sa kasasapitan ng ating mga kababayang magiging biktima ng kapahamakan!”

 

Similarly, Vice Governor Estella Aceron of Oriental Mindoro, is not only mad but infuriated for the ECC issued by the DENR Secretary to Intex Resources, despite the vehement opposition of the people. In a statement published in her blog, she questioned the motive behind questionable ECC issuance: “. . . It is really UNBELIEVABLE!  . . . What’s happening???  Is it because he (Secretary Atienza) is running again in 2010 and he needs all the support from mining companies?”

 

The people of Mindoro are enraged by the brazen act of betrayal of the public trust, the transgression of our local autonomy and the manner by which our fragile island ecology is sacrificed for profit of the transnational mining companies and their local cohorts. 

 

For more information 

Contact Person: Fr. Edwin A. Gariguez, (Alyansa Laban sa Mina) ALAMIN

Email Address: edugariguez@gmail.com

 

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People of Sablayan, Occ. Mindoro Condemned Sec. Lito Atienza

Secretary Lito Atienza a self-professed environmental advocate and talks a lot about CLIMATE CHANGE & GLOBAL WARMING, is boastful of the issuance of Environmental Compliance Certificate to Intex Resources to pursue its Mindoro Nickel Project. The people of Sablayan, Occidental Mindoro is condemning his insensitivity and irresponsible action and betraying the lives of millions of people of the Island of Mindoro and will eevntually erase in the face of the earth the cultural heritage of the indigenous people, the Mangyans. Sec. Atienza betrayed the people's trust, it could not be denied that he knew what happen at the aftermath of Typhoons Jolina, Ondoy & Pepeng, where all the conscience of Sec. Atienza, gone? Mindoro Island particularly Occidental Mindoro is a geohazard and flood prone area, a major rice producing province and the last remaining rice granary after what had happened to Central Luzon. Sec. Atienza didn't realized that about 10,000 hectares of forested land will be cut and excavated, mined and desecrated and major watershed areas feared to be ruined. To, Secretary Atienza, in behalf of the people of Mindoro Island we send you a warning and a clear message, we will protect our land, this is our home, this is our life! To President GMA, spare the Island of Mindoro or we all get hungry!

ECC of Intex Resources Violates Climate Change Act of 2009

Secreatary Lito Atienza of DENR did not understand what Republic Act 9729 stated and talks a lot about sustainable development, future generation, vulnerability and he never understand this concepts. The law clearly states that:

SEC . 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

And the following section states that:

SEC . 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the Local Government Code, the Framework, and the National Climate Change Action Plan.

Barangays shall be directly involved with municipal and city governments in prioritizing climate change issues and in identifying and implementing best practices and other solutions. Municipal and city governments shall consider climate change adaptation, as one of their regular functions. Provincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. Inter-local government unit collaboration shall be maximized in the conduct of climate- related activities.

LGUs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies of their action plans and all subsequent amendments, modifications and revisions thereof, within one (1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources and logistics to effectively implement their respective action plans.

The local chief executive shall appoint the person responsible for the formulation and implementation of the local action plan.

It shall be the responsibility of the national government to extend technical and financial assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal Revenue Allotment necessary to implement said local plan effectively, any provision in the Local Government Code to the contrary notwithstanding.

Secretary Atienza we urge you to review and internalize the Philippine Climate Change Act of 2009!

Shame to you!

Brigada Kontra Mina
Sablayan, Occidental Mindoro

Salve

...mabuhay ang mga sumusuporta sa mindoro nickel project!!!!mabuhay ang mga taong patuloy na nakikipaglaban sa kaunlaran..Secretary Atienza, thank u very much at last may pag-asa na kaming magkaroon ng matatag na trabaho at ang matagal ng minimithing kaunlaran ng occidental mindoro..Bilang isang mindoreño, ipinakikita ko ang pagiging pro mining ko sa isip, sa salita at sa gawa at kailanman ay hindi diniktahan ng mga pulitiko..May sariling pag-iisip at hindi kaylan man naging sunod sunuran at paalipin sa mga dikta ng pulitiko ..IYan ang tunay na paninindigan!!!

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COMMENT RULES:

Hi everyone,

I'm the national coordinator of Alyansa Tigil Mina (ATM), the owner of this site.

We will always respect views and opinions posted on this site, as much as we encourage open discussion and intelligent debate on the issue of mining. ATM has its stand on this issue very clearly, and we welcome the comments from those who do not agree with us.

However, we have observed that in the past few days, this forum has gone way beyond acceptable behavior of netiquette.

I will request and strongly encourage all posters to at least follow the following rules:

1. Be civil. Basic courtesy and privacy norms should be practised by posters in this forum. Make your mom at least proud by showing you still remember to be polite, even if you're not required to say "po" or "opo" in every post you make. We wouldn't mind that either, if you do so. Then again, I am assuming here that you're already an adult.

2. Personal attacks will not be tolerated. This also applies to flaming. Just in case you don't know what flaming is, its deliberately insulting or personally ranting against a poster (or a thread) simply because you are losing the arguments.

3. Avoid being anonymous. Since you have enough time to post long comments, you would at least have a few seconds to type even an alias. You also help people conclude that you are not a paid hack from a PR firm by Intex (or any other mining company)

4. Do not shout in the forums. Do not use ALL CAPS in your posts. A single exclamation point should also suffice.

We will observe the forum in the next few days. Should these rules be disregarded, we will transform this into a minimally-moderated forum. We hope we will avoid the situation that we will decide to make this a closely and strictly moderated forum. We value everyone's insights so much.

We'll check up again on this new rules after a short while. Of course, we expect the Intex ECC to be revoked in a few days. In this case, I suspect that the "excitement" in this thread would have died down.

Jaybee Garganera
National Coordinator
ATM
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