Image from: http://www.rappler.com/move-ph/issues/disasters/165051-look-back-1996-marcopper-mining-disaster |
Today, our group reported about
the Marcopper Mining Case. To give you a short background about the case, below
is the summary of who Marcopper is, and what happen.
Marcopper Mining Corporation
explores, develops and operates mining sites which produces copper, silver and
gold. It is co-owned (40%) and managed by Placer Dome, a Canadian company.
Moreover, it is considered the largest employer in Marinduque and created most
of the infrastructure on the island. It also makes up most of Marinduque’s
revenue, and its mines produce 20% of the country’s copper supply.
Unfortunately, despite the
economic benefits it brought to Marinduque, Marcopper has its tremendous environmental
damages. On March 24, 1996, the plug that sealed the Tapian pit tunnel (the
tunnel that serves as tailings dam) to the Boac River had cracked and this
released 2-3 million tons of mine waste into the river. In effect, flash floods
isolated villages, agricultural fields were inundated, and drinking water was
contaminated. Moreover, fish, shrimp and other sources of foods were killed.
The Boac River which used to be their main source of livelihood was then
declared dead.
After the disaster, Marcopper and
Placer Dome stopped its mining operations. It was found out that Marcopper
already knew of the leaks in the drainage tunnel back in 1995, as it sought the
help of a geotechnical consultant to plug the leaks. The Bureau of Mines, who
monitored Marcopper’s compliance with the Environmental Compliance Certificate
(ECC), made no report of this. Moreover, the government tried to cover up its
negligence and asserted that environmental laws were dutifully enforced
throughout the years. The DENR Undersecretary who approved the ECC even denied
that he knew of the Taipan drainage tunnel.
As we can see, at the end, it
seems that DENR wants to wash itself away from the fault. But, who issued the
ECC for Marcopper to use Tapian pit? Who is supposedly be checking those mining
operations? For me, DENR should admit their faults, and do something about it. It
is their accountability to protect the environmental claims of the Philippines.
That is why in our case analysis, we decided to analyze in the perspective of
the DENR. What should the DENR do in order to prevent his kind of issues?
Our group concluded that the DENR
in cooperation with the government should implement higher DENR standards for
mining operations and shut down companies that do not comply. We want to give
emphasis to shut down non-compliant mining companies, as this will immediately
give justice to the citizens who are badly affected by their bad practices. If
we are to prolong the bad operation of mining companies, then the damage to environment
becomes heavier which could lead to another mining disaster.
Last 2015, we had another mining
disaster, the Philex mining disaster. Indeed, history repeats itself. It seems
that we have not learned from the Marcopper case. For me, the root cause of
this is really the implementation of law and the lack of action from DENR. They
should not be just issuing ECC without being cautious. They should check and
monitor the compliance of mining companies.
In my opinion, the existing law
has its own drawbacks and loopholes. In Philippine Mining Act of 1995, Mineral
Production Sharing Agreement (MPSA) exists. MPSA is an agreement where the
government grants to the contractor the exclusive right to conduct mining
operations within a contract area and shares in the gross output. In other
words, the government gets a percentage from the income of mining companies,
and this is aside from the usual tax imposed to the company. Therefore, I
actually believe that one of the reasons why previously mining companies where
not ordered shutdown, is that there is a potential loss of government’s income
from it. Aside from that, the process of issuing ECCs is also prone to
under-the-table negotiations and corruption. We witnessed how corrupt our
government is, and I can’t help but doubt their services.
Lately, our current DENR
secretary, Gina Lopez, orders many mining companies who fail to comply with
environmental requirements to shut down and immediately stop operating. I agree
with her initiative. Although, companies are protesting that this is unfair for
them as they are not subjected to due process and that potential income will be
lost, and even their workers will lose jobs and income. But, at the end of the
day, humans will always need natural resources, and how are we going to sustain
it when we keep on abusing it? Just imagine, what if suddenly our water sources
at home suddenly become contaminated with mining tailings? Is income still
important to us, when we don’t even have a clean water to drink?