Challenging Lopez' Advocacy in DENR

What follows is an extension of an article in the Green Page section of the LPU Independent Sentinel, written by Chloe Isler.

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President Rodrigo Duterte appointed environmental activist Regina “Gina” Lopez as the new secretary of the Department of Environment and Natural Resources (DENR).

DENR Secretary GIna Lopez

Lopez is known for her firm anti-mining stance. She said that farmers and fishermen were at the losing end of mining activities in the country.

She showed a strong disapproval to coal-powered plants, saying these are not cheap sources of energy as it compromised the health and income of its host community.

Despite her stance, she is open to meet pro-mining advocates to give her suggestions on how to address concerns in the industry.

In an interview with CNN Philippines, she said that she would prioritize a review of mining policy in the country.

She stated that mining is destructive for the environment, and it endangers the health and impoverish the people affected, while the businesses continue to gain profit from it.

Her appointment spooked mining investors due to her opposition to their business. This led mining shares in the stock market to decline.

Responsible Mining

Mining plays a vital role in the country’s economy and employment. Three million Filipinos depend on this industry as their source of living. Most mining areas are lands that are not suitable for agriculture.

Commercial products and other industries like steel and equipment-manufacturing rely on the metals and minerals harvested through mining.

Spokesperson Ernesto Abella

Presidential Spokesperson Ernesto Abella said in a press conference on June 23 that the mining sector in the country will not collapse under Lopez as long as the firms conduct their activities responsibly.

"The fact that she's accepted means she's willing to adjust her position. I'm sure," he told the reporters.

 He mentioned that President Rodrigo Duterte is supportive of every venture that will contribute to the country’s growth.

"The president is not anti-mining. He actually supports each and every venture that contributes to the health of the Philippine economy," he said.

Lopez' stand against mining received criticisms from the University of the Philippines-Mining Engineering Society (UP-MES) and the Chamber of Mines of the Philippines (COMP).

COMP in a statement emphasized “the need for a DENR secretary who has a solid background in the intricacies of natural resources management, as well as being able to balance economic growth and the needs of the people with that of environmental protection, the protection of the indigenous communities, and Filipino society at large”.

Lopez took over as the DENR secretary on July 1 in Quezon City, where she had given a presentation showing data regarding the negative effects of mining operations in some areas of the Philippines.

A Mining Engineering student questioned her data and called it “misinformation”. The UP-MES supports the principles of responsible mining, commending the role of mineral extraction in achieving sustainable and progressive development in the country.

Responsible mining refers to the maximization of economic growth in the mining industry without neglecting environmental and social responsibilities. Replanting trees is the responsibility of mining companies.

Executive Order No. 79, signed in 2012 by former President Benigno Aquino, institutionalizes and implements reforms in the Philippine mining sector. Under this EO, the DENR is mandated to implement standards as authorized by mining and environmental laws and policies. Violators should also be given appropriate sanctions.

To make sure that the companies would follow, the policy provides the creation of a multi-stakeholder team to conduct a review of the performance of existing mining operations.

The review is based on guidelines and parameters introduced in the specific mining contract and other applicable laws, such as the Mining Act of 1995 and the Labor Code.

The EO stipulates that the DENR may continue to issue exploration permits, pointing out that those granted with permits have the right over the approved exploration area.

Grantees have the right to develop and utilize the minerals in their respective exploration areas. Granting mining rights and mining tenements should be through a public bidding, as with developing and utilizing valuable metals produced by previous mining operations.

Issues

As the new secretary, Lopez warned the corrupt officials at DENR.

“We’ll clean the ranks of DENR. Those accepting bribes, your days are over. Stop it. No corruption is acceptable,” she said.

In addition, she also showed her support to the Climate Change Commission’s review of the country’s national energy policy, stating that “[the Philippines] is the most vulnerable country to climate change in the whole planet.”

She emphasized the availability of renewable resources such as solar, wind and geothermal energy.

The Philippines has been listed as one of the countries with worst traffic conditions in Metro Manila. This traffic condition causes the air quality standards to deplete day by day, resulting to serious health issues.

DENR has announced the installation of 17 local government units across Metro Manila to monitor real-time air quality over different parts of the National Capital Region and the same value will be compared to national air quality guidelines for health.

Lopez plans to address different environmental issues by working with different government agencies, such as the Department of Transportation and Communication in solving air pollution, particularly in Metro Manila.

Former DENR Secretary Paje

Former DENR secretary Ramon Paje said Lopez must continue current efforts of the agency in suppressing illicit wildlife trade.

Paje’s term made developments against poaching and animal trade.

DENR has been implementing programs to conserve threatened species such as the Philippine eagle, tarsier, marine turtles, crocodiles and the tamaraws.

Moreover, DENR is looking forward that Duterte’s administration would ratify the international treaty regulating the use and trade of mercury, a highly toxic substance that poses threats to human health and environment.

The agency has released a Ratification Dossier on the Minamata Convention on Mercury, which the Philippines adopted in October 2013.

The treaty aims to address eight major sources and uses of mercury namely, supply sources and trade, mercury-added products, artisanal and small-scale gold mining, emissions and releases, interim storage of non-waste mercury, mercury wastes and contaminated sites, mercury cell chlor-alkali production, and mercury air transport and fate.

It will be used as reference by the Senate in determining the capability of the Philippines in adopting the treaty on which its ratification depends.

“This ratification will seal the country’s firm commitment to protect its people from toxic and even deadly effects of mercury,” Paje said.

Internal Problems in DENR

A complaint regarding the corruption inside the DENR surfaced this January through a letter from Remedios Paez.

National Greening Program

She mentioned anomalies in DENR personnel, particularly those who are under the National Greening Program (NGP).

Unnamed legitimate people’s organizations who are establishing plantations raised the issue of the sale of seedlings by growers favoured by DENR-NGP personnel. This resulted in huge bonuses for those personnel.

Another issue is the rushed set-up of plantation projects by DENR-NGP personnel and other people's organizations who share proceeds from the sale of seedlings.

In a similar letter by Teresa Montilla to Inquirer, she revealed that DENR allowed cutting and earth-balling. It is the process of moving a tree by digging out the earth and the roots in a circular shape leaving most of the root system undisturbed and intact. Forty-four trees in the former Army Navy Club grounds and “thousands of age-old heritage trees” in other areas were earth-balled.

Ramon Paje responded to Paez’ complaint in a letter by requesting her assistance in consigning with DENR the complaints to be filed against those personnel she had referred to. He mentioned the agency had been filing administrative cases against erring employees, including those involved with the implementation of NGP.

“Recently, complaints against 20 DENR personnel from Nueva Ecija, Tarlac, Palawan and Negros Occidental for alleged irregularities in the NGP implementation have been filed in the Ombudsman. Meanwhile, 38 DENR personnel were investigated in connection with the reported low survival rate [below 50 percent] of planted seedlings under the NGP in Regions I, III and IX. In Bulacan and Rizal, where NGP-related irregularities have been alleged by Paez, investigations against 18 personnel are ongoing,” he said.

In 2015, Paje issued Administrative Order 2015-07, forcing mining companies to acquire international certification for mining standards (ISO 14001). Failure to comply will result to suspension of operations.

Companies are given one year to comply. They had until the end of April to secure their certificate or they would not be issued an export permit.

DENR secretary Lopez extended the deadline until the end of August.

Chamber of Mines of the Philippines

The Chamber of Mines of the Philippines (COMP) released a list of its compliant members on July 2. Thirteen companies secured an ISO 14001 certificate, while there are other eight members who are still on the process of securing it.

Aside from the ISO certification, mining firms will also undergo auditing process that will begin immediately.

“Mining companies have to get their acts together... I am not against the mining industry, I am against suffering. It’s my challenge for the mining companies to prove their existence in this country,” she noted.