The respected columnist in one of the national papers, Yen Makabenta, borrowed and used a line from the essay of Leila L. Kysar for the Newsweek magazine circa 1990 –– “Do you know the difference between a terrorist and an environmentalist? It is easier to reason with the terrorist.” I am borrowing this too!
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Recall that the DENR made true to its promise to announce its order of closure for more than a half of the entire strength of active mining operations in the country – that is 23 mining companies out of 41, a startling 56 percent. Secretary “siga” Gina confidently announced in a nationally televised moot presentation that her department found these companies to have severely destroyed the environment of the local communities where they are operating. This is a death sentence by persecution even before the basic tenet of due process has started to roll. We share in the anxiety of the people who depend on the only source of income for their families.
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As I have said, the miners will surely fight back and stand ground to defend their livelihood. This is a very interesting story that engulfed us all last week and this week, and in the weeks to come.
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Not to be outdone but instead very quick to the draw is the Chamber of Mines of the Philippines (COMP). The order of Secretary “siga” Gina sent many of COMP’s members into the back burner by either shutting them down or suspending their operations. While the order is not immediate, it is like a sword of Damocles on the heads of these mining companies. It is as if waiting for their death to come at their hour they least expected. It is even nastier than cancer at least because their life is now (very) short–lived.
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The reaction of the Chamber is instantaneous and rancorous because the order was capricious which ignored totally the recommendations of the team that rigorously conducted the lengthy audit of the entire operating mining companies. It completely disregarded the long standing and well-entrenched rule on due process, and the very rule that the family of Secretary “siga” Gina paraded to have been trampled and abused by the late President Marcos. Look at them now. The Lopezes is now again at the helm of the business heavyweights in our country.
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In fact, ever since her appointment by PRRD last year, Secretary “siga” Gina has made it clear that mining was her numero uno nemesis and that she would put a stop to as many mining operations as she could. To achieve that goal, she embarked on a rigorous environmental and regulatory audit of every company. And fairness-wise, there were some mining companies that were found wanting or short of compliance to become a responsible mining company. However, Secretary “siga” Gina exceeded so far in handling the shutdown order.
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Where can you find an audit process that ran lengthily and then announced that some or many failed the audit without showing the result to the concerned company. Even the hardened criminal that confesses into committing the crime is protected by the Constitution by giving him or her sufficient representation to protect his right to due process – the matter of being informed of the charges against him and the concomitant consequence of owning to the crime committed. That is now being short–circuited by Secretary “siga” Gina and that is foul.
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If Secretary “siga” Gina’s decision is allowed to stand as is – without objective justification and a clear connection to a uniform set of rules or standards – it will send a disturbing and frightening effect to any potential big-scale stakeholder in our beloved country. Imagine the almost sure annual loss from mine closure and suspension orders that Secretary “siga” Gina have issued, that could go up as high as almost 80 billion pesos. At the end of the line is the lowly miner that depends on his daily income from working in the mining company. Now, tell me, who is easier to deal with, the terrorist or Secretary “siga” Gina?