LRC-Luzon Regional Office

Showing posts with label didipio. Show all posts
Showing posts with label didipio. Show all posts

Sunday, July 27, 2008

News Links – Commission on Human Rights - Didipio Fact Finding Mission report filing

News Links – Commission on Human Rights - Didipio Fact Finding Mission report filing

http://www.advfn.com/news_Philippines-to-probe_27271924.html

http://www.businessmirror.com.ph/07152008/economy06.html

http://www.globalpinoy.com/news/news_inside.php?newsnum=14508

http://www.gmanews.tv/story/106272/Oceana-Gold-says-it-didnt-commit-human-rights-violations

http://www.gmanews.tv/story/106087/CHR-orders-probe-on-alleged-rights-violation-in-N-Vizcaya

http://newsinfo.inquirer.net/breakingnews/regions/view_article.php?article_id=147454

http://www.odt.co.nz/news/business/13460/oceana-rejects-abuse-allegations

http://www.radioaustralia.net.au/news/stories/200807/s2306671.htm?tab=latest

http://jurist.law.pitt.edu/hotline/2008/07/investigation-of-oceanagolds-human.php

http://www.newswire.ca/en/releases/archive/July2008/14/c4550.html

http://www.odt.co.nz/news/business/13460/oceana-rejects-abuse-allegations

http://jurist.law.pitt.edu/paperchase/2008/07/australian-mining-company-to-be.php

http://afp.google.com/article/ALeqM5goC1uBtV2qahlBTQcicyjaOSQF3g

http://www.thepeninsulaqatar.com/Display_news.asp?section=world_news&month=july2008&file=world_news200807111381.xml

http://www.manilatimes.net/national/2008/july/12/yehey/prov/20080712pro3.html

http://www.reuters.com/article/rbssIndustryMaterialsUtilitiesNews/idUSMAN26926020080723


salamat ng marami din sa oxfam . . .

Sunday, July 06, 2008

LRC-KsK Supports the move of the SP of Nueva Vizcaya

24 June 2008

LRC-KsK Supports the move of the SP of Nueva Vizcaya

(as they withdraw support to the Didipio gold-copper project)

The Legal Rights & Natural Resources Center-Kasama sa Kalikasan/Friends of the Earth Philippines (LRC-KsK/FoE-Phils.) welcomes and applaud the move of the provincial government of Nueva Vizcaya as they withdraw support and oppose the Didipio gold-copper project of mining company OceanaGold Philippines, Inc. operating in the upland village of Didipio, Kasibsu, Nueva Vizcaya.

We are very pleased to hear that finally the provincial government has come to their senses and discarded the hypnotic and spellbinding dream of development and progress offered by OceanaGold mining company.

The conflict as generated by the controversies is due to the inconsistencies and often conflicting laws that are being taken advantage of by mining companies. Challenging OceanaGold’s mining operations in the last ten years encountered a lot difficulty because of varied positions taken by the different levels of the local governments of Nueva Viscaya. The eventual withdrawal of support will vindicate all the people’s organisations and anti-mining advocates who have been opposing the Didipio gold-copper project since its inception.

We ask the provincial government to take the necessary and concrete steps if they really are serious in challenging OceanaGold mining company’s operations in Didipio. The more appropriate action now is for the Sangguniang Panlalawigan to formally declare a rejection of OceanaGold’s mining project by way of a resolution and therefore withdrawing the previous endorsement they rendered in 2005 that became instrumental for the mining company to have their Environmental Compliance Certificate (ECC) approved. This is their opportunity to actually redeem themselves from that great mistake.

We urge them to take their own legal steps against this arrogant mining company. If they do so, the provincial government in essence will unite and join the fight of Mayor Romeo Tayaban of the municipality of Kasibu , Nueva Vizcaya in asserting the right of local government units to withhold consent. The Mayor in 2006 filed a legal case against Australasia Philippines Mining Incorporated (APMI) now OceanaGold Phils., Inc. for proceeding with the mining project despite its failure to secure the consent of the Kasibu municipal government. The case now is in the Supreme Court.

By doing so, there is practically no more local government consent to the Didipio project at all levels and the social acceptability of OceanaGold mining company’s operation is now more questionably highlighted. Together with Bishop Villena, churches, peoples organisations, and individual advocates of Nueva Vizcaya they now have the big opportunity to push OceanaGold out of Didipio and further banish them out of Nueva Vizcaya.

For further questions and inquiries please contact us at +63 2 926-4409, +63 2 434-4079, +63 917-548-1674 (Ronald/Campaigns/Paralegal) or visit us at 87B Madasalin St., Teachers Village, Diliman, Quezon City.

Thursday, June 19, 2008

OceanaGold Mining’s demolition of Didipio houses declared illegal

ress Release
June 19, 2008

OceanaGold Mining’s demolition of Didipio houses declared illegal

Mining company OceanaGold Phils., Inc's demolition of the indigenous peoples houses in Didipio, Nueva Vizcaya is illegal.

The Regional Trial Court in Bayombong has declared this in its order saying that the OceanaGold’s act of demolition is “tainted with irregularity and contrary to law.” OceanaGold carried out its demolition activities in contravention of Didipio residents' constitutional right to property and not to be deprived thereof without due process of law.

“This means that while the case is pending, defendants OceanaGold and those acting on its behalf, including the Philippine National Police (PNP), the Department of Environment and Natural Resources (DENR), and the Mines and GeoSciences Bureau (MGB), may not demolish the houses of all our clients,” says Atty. Grace Villanueva, lead counsel of this case, from the Legal Rights and Natural Resources Center (LRC/Friends of the Earth-Phils.).

The order is a response to the complaint filed by the lawyers of LRC on behalf of 13 Ifugao households living in Barangay Didipio,municipality of Kasibu, Nueva Vizcaya. In its petition, LRC questioned the legality of the demolition of houses in Barangay Didipio, as the mining company has not produced a special order of demolition issued by the regular courts of law; and seeks for preliminary injunction to prevent the demolition of the houses of its clients.

“This decision of the court is a welcome respite for the community members who have been opposing the large-scale mining operations of the OceanaGold in Didipio,” says Atty. Grace Villanueva. “While this decision may be a temporary relief for the Didipio families, this gives them hope in the law, that they can still be protected from unjustified taking of their properties by any other person, individual or corporations.”

OceanaGold, an Australian mining company, argued that they were losing millions of pesos every day in the delay of their operation because of the preliminary injunction issued by the court. The court, however, recognised that the injunctive order may cost losses to the mining company but it cannot allow the loss OceanaGold may inflict “in tampering with the Constitutional right of every person to due process of law for it is not quantifiable in terms of monetary value.”

As of April 2008, about 187 houses had already been demolished by the wrecking crew of the company since it started in December last year. In a fact-finding mission held in the area last month, LRC, along with the other members of the fact-finding team, found out that those whose houses have been destroyed were not paid in full, if at all, or were not paid the fair and just price of their property and the value of the damage caused them. Furthermore, the demolitions took place without a clear plan for relocation or resettlement.

The demolition activities of OceanaGold have become very aggressive, to the point of being violent. Highlighted in the mission report was the incident where a Didipio resident has been shot by the company security guard during a demolition on Black Saturday this year. Emilio Pumihic was shot at close range while he was trying to stop the demolition of a neighbor’s house, whose owner was inside taking a nap. Pumihic was hospitalised for several days for his gun shot injuries.

“Throughout these controversies besetting OceanaGold, the Secretary of the DENR has been very protective of it. We then ask Secretary Atienza why does he continue to protect a company which violates constitutional rights of the people? What is more important than the protection of people’s basic human rights?” LRC asked.

The Didipio gold-copper project, the first Financial and Technical Assistance Agreement (FTAA) in the country has been marred with a lot of controversies involving social acceptability and human rights violations. It also faces a string of legal challenges. The case filed by Mayor Romeo Tayaban on behalf of the municipal government of Kasibu is up for decision by the Supreme Court for bypassing the authority of the local government to give consent to the mining project. There was also the recent conflict between the OceanaGold and the provincial government of Nueva Viscaya involving the collection of local taxes.

end

for more info – Ronald (LRC Luzon) at rgregorio@lrcksk.org, (+63)(0) 917‐548‐1674
(63 2) 926‐4409, (63 2) 434‐4079,
www.lrcksk.org / www.lrcluzon.multiply.com

Friday, May 09, 2008

DIDIPIO GOLD-COPPER PROJECT: FAR FROM A DONE DEAL

URGENT ALERT
26 March 2008

DIDIPIO GOLD-COPPER PROJECT: FAR FROM A DONE DEAL
(Demolition of houses in Didipio continues)

Blood spilled on Black Saturday


Residents now fear for their lives as one community member (Emilio Pumihic) was shot and hospitalised when he tried together with other neighbours to prevent a team of demolition crew from demolishing the house of Samuel Bidang who was then taking a nap inside. Accounts from witnesses said that Pumihic was restrained by two security personnel of OceanaGold and was then shot from behind by another security guard (Whitney Dongiahon). (related article available at-http://newsinfo.inquirer.net/inquirerheadlines/regions/view/20080324-126059/Shooting-mars-Lent-in-mining-village).

Emilio Pumihic is a descendant of Juan Pumihic, the first Barangay Captain of Didipio and also one of the first families to settle in Didipio.

In another act to intimidate anti-mining officials and residents, OceanaGold and its cohorts in Didipio harassed Councilor Eduardo Ananayo at 10 o’clock in the evening also on Black Saturday. After attending a meeting in Sitio Dinauyan he was accosted by SPO4 Noel Valdez and brought to the Community Relations Office of OceanaGold without any valid reason t do so, SPO4 Valdez is a member of the Provincial Philippine National Police assigned in Didipio supposedly to keep peace and order in the community. Councilor Ananayo in his affidavit stated that he was slapped on the face by SPO4 Valdez when he introduced himself as one of the baranggay officials in Didipio.

These unfortunate events happened on Black Saturday (where Catholics all over the world observes a week of lent to reflect on the sacrifices and crucifixion of Jesus Christ). The people of Didipio last 17 March sought Bishop Villena’s intervention to ask OceanaGold not to resume demolition activities during the holy week in respect for the people in Didipio who wanted to reflect, pray and celebrate Jesus Christ’s salvation of mankind. The people of Didipio relayed this message through Sr. Eden Orlino, SPC of the Diocesan Social Action Commission who then responded to bring this request to the Bishop.

Sr. Eden’s appeal to the mining company thru Arnel Arrojo, Site Development manager of OceanaGold was not seriously considered since what happened on Black Saturday even Mr. Arrojo gave his word to Sr. Eden that they will accept the request of the people of Didipio to observe a peaceful holy week without any demolition activity. Much worse, 200 more demolition crew arrived on the same day and a shooting incident.

Bishop of Bayombong condemns OceanaGold

Bishop Ramon Villena of the Diocese of Bayombong declared OceanaGold’s acts in demolishing the houses of Indigenous Peoples in Didipio and the shooting of Emilio Pumihic as ‘atrocious’ and ‘monstrous’. He also add that it was made even worse by the mining company’s attempt to cover up for its human rights violations. (related article available at http://newsinfo.inquirer.net/breakingnews/regions/view/20080325-126399/Stop-Vizcaya-mining-bishop-asks-GMA).

Ramoncito Gozar, vice-president for communications and external affairs of OceanaGold on the other hand downplayed the shooting incident and tried to discredit and put the blame on the victim by saying that Emilio Pumihic was drunk at the time and tried to engage the security forces of OceanaGold. Police officials in Didipio, however, find Gozar’s version of the incident as “incredible”.

Breakdown of Law and Order

The Baranggay Council of Didipio with the present development and incidents now happening in the community is virtually non-existent or incapacitated to protect its constituents in the face of serious human rights violations being perpetrated by OceanaGold. The council has made several appeals to the mining company to settle first with the owners of houses and farmlands before they conduct demolitions activities but it seems this appeal fell on OceanaGold’s calloused and deaf ears.

OceanaGold showed its blatant disrespect to the public authority in Didipio for what they did to Councilor Edwardo Ananayo.

Arrogant mining company

OceanaGold’s order to its contractors to “demolish now, negotiate later” expresses utter disregard for due process of law and is highly insensitive to the well-being of the Indigenous Peoples community living in Didipio, even proudly invoking their so-called rights under the Mining Act of 1995.

We reiterate our call on all justice organisations, human rights and indigenous peoples advocates to extend support and solidarity to the Indigenous Peoples in Didipio. WE ASK YOU TO:

1. Be part of the Fact Finding Mission on 1-4 April 2008 in Didipio, to be spearheaded by LRC-KsK, Philrights, TFDP, Amnesty International, Alyansa Tigil Mina and to be joined by other foreign participants from Piplinks. You may contact LRC-KsK - +632 926 4409, TFDP National Office +632 437 8054, Alyansa Tigil Mina - +632 426 6740, Philrights - +632 433 1714;

2. Help the people of Didipio to defend themselves against the onslaught of OceanaGold and demand for the prosecution of the security guard who shot Emilio Pumihic;

3. Extend financial assistance for the legal defence fund, as the mining company will surely resort to take advantage of its huge resources to take the resisting community to the tedious and very expensive legal cases in courts, as what other mining affected communities are experiencing now and even before;

4. Increase awareness and disseminate information of the real situation in Didipio especially with OceanaGold investors and shareholders.
5. We call on all justice and human rights advocates and organizations to join hands with us in solidarity with the Indigenous Peoples of Didipio in Nueva Viscaya, Philippines. Let us call to IMMEDIATELY INVESTIGATE and ACT on the shooting of Emilio Pumihic and STOP THE VIOLENCE in DIDIPIO! Let us call on OceanaGold mining company to RESPECT Indigenous and Peoples RIGHTS and to abide, observe and practice good business etiquettes and standards. Write URGENT LETTER of CONCERN to the following:


1. H. E. Gloria Macapagal-Arroyo
President of the Republic of the Philippines
Malacanang Palace,
JP Laurel St., San Miguel
Manila Philippines
Tel: +632.564.1451 to 80
Fax:+632.742.1642/929.3968
Cell: +63.919.898.4622 / +63.917.839.8462
Email:
corres@op.gov.ph / opnet@ops.gov.ph

2. Hon. Purificacion V. Quisumbing
Chairperson, Philippine Commission on Human Rights
SAAC Blg., UP Complex
Commonwealth Avenue
Diliman, Quezon City,Philippines
Tel: 928.5655/926.6188
Fax: +632.929.0102
Email:
drpvq@yahoo.com

3. Sec. Jose L. Atienza Jr
Department of Environment and Natural Resources (DENR)
Central Office, Visayas Avenue
Diliman, 1100, Quezon City, Philippines
Tel: 928.06.91 to 93 loc. 2003, 2008
Email:
osec@dem.gov.ph


4. OcenaGold Corporation
a. Australia
Stephen Orr – Chief Executive Officer
Corporate Office
Level 5, 250 Collins Street, Melbourne, Australia
Tel: +61.3.9656.5300
Fax: +61.3.9656.5333

b. Australia
James E. Askew-Chairman
Corporate Office
Level 5, 250 Collins Street, Melbourne, Australia
Tel: +61.3.9656.5300
Fax: +61.3.9656.5333

c. Philippines
Jose P. Leviste
2nd Floor, CJV Building
108 Aguirre Street, Legaspi Village
1229 Makati City, Philippines
Tel: +6.32.8926643
Fax: +6.32.892.8399