MANIFESTO OF THE FORMER MEMBERS OF THE RAPU-RAPU
FACT-FINDING COMMISSION
(Posted 6-27-06)

We, the former members of the Rapu-Rapu Fact-Finding Commission, in our individual capacities, express our collective dismay over the decision of the Department of Environment and Natural Resources (DENR) to issue a temporary lifting order (TLO) for the resumption fo operations of the Lafayette mining group in Rapu-Rapu Island, Albay.

There is no rhyme or reason for the TLO when the Commission's findings on the serious violations of the environmental and legal safety standards for responsible mining have not been negated. Additionally, as affirmed by the DENR review, the dubious financial and corporate arrangements of the Lafayette group that have shortchanged the national and local governments and ultimately, the Filipino people, have not been addressed. These will continue to imperil the safety of the populace and frustrate any attempt at a more equitable sharing of the country's mineral wealth holding the proper parties accountable for past and future disasters.

The justifications mentioned in the order convey only one clear message--that the country is now held hostage by potential environmental catastrophes not of our own making. The unprecedented 30-day test-run, even with more conditions on top of existing ones, will not cure the inherent contradictions expressed in the review. If at all, it only puts a final feather to the regulatory capture of the DENR.

We find no reality in the DENR's excuse that revoking LPI's (Lafayette's) ECC (Environment Compliance Certificate) will mean the entry of "small-scale miners who are likely to use mercury in their extraction of gold." Small-scale miners enter a mining area if proven pure gold nuggets or dust can be found in the area. No small-scale miner is interested in copper or zinc -- the ores of which are now exposed in Rapu-Rapu by LPI's activity.

Neither do we agree that the 30-day test run will determine if LPI has sound environmental structures and processes. Only a good environmental impact statement (EIS) and a certified environmental management system (EMS) can give a higher degree of assurance for the environmental performance of LPI. We reiterate our recommendation: Revoke LPI's ECC and impose a moratorium on mining operations in all Rapu-Rapu until best available technology is applied to address the big problems of acid mine drainage (AMD) and dam integrity. Allow LPI to re-apply, if they are still willing to undergo the rigorous requirements that will at last be imposed by a reformed DENR and a vigilant people. The state encouraged LPI to set up shop in Rapu-Rapu. It should not now compound its moral liability before the Filipino people with continuing crime of capitulationism before the shameless threats of a foreign firm that has already shown so many times that it cannot be relied on to care a bit for the welfare of our people.

Finally, we also reiterate that our report can speak for itself and neither the DENR review nor personal attacks against Commission members can diminish the veracity of our findings and conclusions. Without any equivocation, we continue to vouch for its merit and the moral integrity that motivated our actions. We do express a profound sadness that the DENR made the attracting of foreign investments its new mandate. We wanted to believe that DENR stood firstly for the promotion of a balanced and healthful ecology for the Filipino people -- that it was an agency that regarded the welfare of our people and not the wishes of foreign firms as the supreme norm and purpose of governance. The ancients put it succinctly: Salus pupuli est suprema lex -- the people's welfare is the highest law. It still is -- or should be.