Lafayette should fix its EIS, EMS first, says commission

Members of the Rapu-Rapu Fact-Finding Commission (RFFC) expressed dismay yesterday over the decision of the Department of Environment and Natural Resources (DENR) allowing Lafayette Philippines to go on a 30-day test run.

In a joint manifesto, the RFFC members said only a good environmental impact assessment (EIS) and a certified environmental management system (EMS), not a 30-day test run, can determine the soundness of Lafayette’s environmental structures and processes.

"The issue here is the rule of law versus the culture of impunity," Charles Avila, vice chairman of the now defunct RFFC, said in a press conference held at the National Council of Churches of the Philippines yesterday.

"All the DENR could do is to just implement the law. There have been violations committed by Lafayette and what we are saying is that the government should cancel its ECC (environmental compliance certificate)," he said. 

Lafayette, according to Avila, "could re-apply for an ECC but they should fix (its) EIS and EMS first because it was where the mining company really failed."

Dr. Aloysius Baes, a member of the RFFC and an EMS auditor, said Lafayette has to answer the technical and social acceptability questions regarding its mining operations on Rapu-Rapu Island in Albay.

He said a good EIS and EMS could better give an assurance of Lafayette’s environmental performance.

Baes reiterated the RFFC’s recommendation that the government revoke Lafayette’s ECC and impose a moratorium on its mining operations in Rapu-Rapu until the best available technology is applied to address the problems of acid mine drainage and dam integrity.

He said Lafayette must be allowed to re-apply for the ECC if it is still willing to comply with the rigorous requirements imposed by the DENR.

"There is no rhyme nor reason for the temporary lifting order when the commission’s findings on the serious violations of environmental and legal safety standards for responsible mining have not been negated," the RFFC members’ manifesto stated.

"Additionally, as affirmed by the DENR review, the dubious financial and corporate arrangements of the Lafayette group that have short-changed the national and local governments and ultimately, the Filipino people, have not been addressed," it added.

Environment and Natural Resources Secretary Angelo Reyes issued the temporary lifting order to pave the way for Lafayette’s 30-day test run to determine the production efficiency of its base metal plant that processes copper and zinc, the sufficiency and adequacy of remedial measures and environmental safeguards, and the receptivity of the mine facility’s emergency response.

"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," the manifesto stated.

Meanwhile, the RFFC members rejected the DENR’s argument that revoking Lafayette’s ECC will only expose the mine site to "small-scale miners who are likely to use mercury in their extraction of gold."

"Small-scale miners enter a mining area if proven that pure gold nuggets or powder 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 Lafayette’s activity," Baes said.

"Small-scale miners go for easy money. They would not waste their time unless what they could get is already pure gold. There might be gold in copper or zinc but it would necessitate a certain technology for small-scale miners to be able to extract gold from zinc and copper... The small-scale miners don’t have such a technology; they don’t know how to do that," he added.