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Statement of Concern Regarding Executive Order 153 Allowing Offshore Mining for Dredgefill Materials


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Posted by Food Security Network (FoodNet) on November 10, 1999 at 18:50:26:

A STATEMENT OF CONCERN REGARDING
EXECUTIVE ORDER NO. 153


AUTHORIZING THE UTILIZATION OF OFFSHORE AREAS NOT COVERED BY APPROVED MINING PERMITS AND CONTRACTS AS SOURCES OF DREDGEFILL MATERIALS FOR GOVERNMENT RECLAMATION PROJECTS AND FOR OTHER PURPOSES


Executive Order (EO) 153, which was signed last September 30, 1999 by His Excellency, President Joseph Ejercito Estrada is akin to the proverbial Pandora’s Box with regards to the country’s natural resources. For a country that has been reeling with one environmental crisis after another, we need this Executive Order like we need a hole in the head.

In essence, EO 153 opens up the municipal and coastal waters of the country to mining, dredging and quarry operations to meet the requirements of ambitious reclamation projects of the national government. It gives the DENR and its corporate arm, the Natural Resources Development Corporation (NRDC), as well as the Public Estates Authority (PEA), the authority to utilize these areas as "borrow areas for dredgefill materials". As such, EO 153 "legalizes" sand extraction, quarrying, and other extractive activities that wreak havoc on natural habitats and coastal systems. That this is unilaterally allowed without regard for the concurrence of local communities and the local government unit (LGU) is a clear illustration of national government imperialism and greed.

EO 153 will cause more harm to the country’s fisheries and aquatic resources.

The escalating decline of Philippine capture fisheries is bad enough as an ecological problem. Allowing the exploitation of natural marine habitats and ecosystems in the name of land reclamation is asking for an environment and food security crisis in epic proportions.

EO 153 will accelerate the horrific rate at which we are contributing to the destruction of coral reefs, estuaries, beaches, wetlands and mangroves.

It is no consolation that EO 153 recognizes that "offshore areas constitute a fragile environment such that any mining operation therein can cause environmental impacts unless the appropriate safeguards are set in place under the close supervision of the DENR". This is better said than done. We need not look far to witness the dismal state of environmental degradation caused by land-based mining and the total inability of DENR to manage mining activities as evidenced by the Marcopper and Atlas Mining disasters.

EO 153 marginalizes our fisherfolks, fishfarmers and coastal communities.

It promotes a development strategy that violates the rights of fishers and fishworkers, particularly those engaged in subsistence, small-scale and artisanal fisheries, to a secure and just livelihood. It also ignores the fact that the mandate to manage municipal waters is now lodged with the local government as provided in the 1991 Local Government Code and the 1998 Fisheries Code.

Local government units must be forewarned that the so-called 20 per cent share they will receive from taxes and royalties cannot compensate for the lost values of their resources. Who will pick up the pieces once DENR and PEA had dredged these coastal communities for sand and other landfill materials? Will the national government through DENR and PEA compensate local communities annually for the lost sources of income from fishing? Will the beneficiary province of these reclamation projects absorb the inevitable exodus of migrants from these coastal communities as their own?

We ask LGUs not to be intimidated into submission with regard to EO 153. The Local Government Code and the Fisheries Code guarantee LGUs jurisdictional rights over municipal waters. Unlike LGUs, DENR and PEA will not answer to local constituencies for lost jobs, income and economic-well-being.

EO 153 Violates our International Commitment to Protect Our
Coastal and Marine Resources

The Philippines is a signatory to international covenants on sustainable development particularly Agenda 21 and the Code of Conduct for Responsible Fisheries. What has been our government’s scorecard in espousing the tenets and spirit of these covenants? While other countries have promoted and adopted the precautionary principle when it comes to the exploitation of natural resources, the Philippines is doing exactly the opposite. EO 153 illustrates a mindset devoid of conservation and environmental considerations.

Our Call to Action

We reiterate our commitment to the Code of Conduct for Responsible Fisheries, which states among its general principles (Article 6.7) that

"All critical fisheries in marine and fresh water ecosytems, such as wetlands, mangroves, reefs, lagoons, nursery and spawning areas, should be protected and rehabilitated as far as possible and where necessary. Particular efforts should be made to protect such habitats from destruction, pollution and other significant impacts resulting from human activities that threaten the health and viability of the fishery resources".

We call on everyone to oppose any moves to exploit our marine and coastal environments as sources of raw materials for large-scale reclamation projects.

Let us be united in our stand against the utilization of our nearshore and offshore areas as sources of dredgefill materials for reclamation projects and other purposes.

Food Security Network (FoodNet)
Cebu City, November 11, 1999

FoodNet member organizations:

CEIDEC
Cebu Environmental Initiatives for Development Center, Inc.

CERD
Center for Rural Development

ELAC
Environmental Legal Assistance Center

I Love the Ocean Movement

Mag-uugmad Foundation, Inc.

Pakisama Visayas
Pambansang Kilusan ng mga Samahang Magsasaka

PhilDHRRA
Philippine Partnership for the Development of Human Resources in Rural Areas

SWCF
Soil and Water Conservation Foundation

For more information about FoodNet or this statement, call Atty. Canivel (256-1495), Mario (232-1823), or Marit (254-6207)



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