News ReportsJuly 10, 2006 10:50 am

Dear friends,

The communities of the Intaq region in Ecuador have been struggling for the last ten years to resist plans of a large-scale copper mining project that would destroy their lands and water resources. During the last months tension has been increasing and it is important to show to the government of Ecuador that international civil society is not tolerating what is happening.

Together with the community organisation DECOIN we have drafted a letter to the president highlighting our concerns about the human rights situation in Intaq. We would be very happy if your organisation could support this letter.

If yes, please send your signature to Andree Germain at Friends of the Earth Canada (agermain@foecanada.org). If possible send him an electronic signature to be included in the letter.

The deadline for the sign-on is Tuesday, July 11th noon, Canadian time.

The Intag communities are organizing a demonstration to be held in Quito next Thursday the 13th and we want to make sure the letter reaches the president in time.

We also encourage you to - in addition - send a fax straight to the president. His fax number is +593 2 2580 714

For more information on the struggle of the Intaq communities please visit the website of DECOIN or watch the documentary “The curse of copper.”

The letter is currently being translated into Spanish and will be available soon.

Thank you for your solidarity!

Ute Hausmann
FIAN Germany

*copy of letter follows*

Doctor Alfredo Palacio
Constitutional President
Republic of Ecuador
Plaza de la Independencia,
Quito, Ecuador

Junin Mining Project (Ascendant Copper Corporation): Concern over Human Rights Situation

Mr. President,

The undersigned international organizations are very concerned with the human rights situation in the Intag area of Imbabura province, in relation to the presence of the Canadian mining company, Ascendant Copper Corporation. We are especially concerned with threats posed by the Junin mining project to the human rights to food, water, housing and health, as well as the safety of those defending these rights. We are also concerned that decisions by democratically elected local and regional bodies are undermined by the actions of the company.

Mr. President, Ecuador has ratified the International Covenant on Economic, Social and Cultural Rights (CESCR) as well as other human rights documents which oblige the state of Ecuador to protect the above mentioned rights. We therefore urge you to ensure that the activities of Ascendent Copper Company comply with international human rights and environmental standards. We ask that your government investigate the denunciations coming from the Intag area, its residents, and some of the Quito-based human rights groups regarding the behavior of the company and its contractors- including Daimi Services. We also ask you, given the opposition of the democratically elected local and regional bodies to the mining project, to consider the revocation of any licenses awarded to the company. In any case we urge you to take preventive measures to avoid violations of the human rights to food, water, housing and health.

According to reliable sources in Ecuador, the Japanese International Cooperation Agency’s (JICA) 1996 Environmental Impact Study predicted that four communities and over one hundred families would have to be relocated in order to make room for the open-pit copper mine. The area currently under discussion for mining is substantially larger, which also means that impact on the population will be even greater than predicted in 1996. Forced relocation constitutes a major interference with the right to housing and poses severe threats to the right to food of those families who loose access to productive resources. Any government is therefore obliged to regulate large-scale development projects in such a way that forced relocation is reduced to a minimum and that project-affected persons are not worse off than before the project.

The JICA study predicted contamination of rivers and streams with lead, arsenic and other heavy metals, as well as “massive deforestation”, which would be enough to start drying out Intag’s climate, and impact dozens of mammal and bird species threatened by extinction. The study also mentioned impacts to the biodiverse Cotacachi-Cayapas Ecological Reserve. In addition, the Intag area is extremely rich in water resources which are under threat by the mining project. As state party to the International Covenant on Economic, Social and Cultural Rights, the government of Ecuador has to act according to the following principles:
“Before any action that interferes with an individual’s right to water is carried out by the State party, or by any other third party, the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and that comprises:
(a) opportunity for genuine consultation with those affected;
(b) timely and full disclosure of information on the proposed measures;
(c) reasonable notice of proposed actions;
(d) legal recourse and remedies for those affected; and
(e) legal assistance for obtaining legal remedies [Committee on Economic, Social and Cultural Rights “General Comment No. 15. The Right to Water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights), 2002]

We urge you to ensure that these principles, which so far have been ignored, will be implemented in the Junin project by the relevant supervising state authorities.

We have received information, that, to date, ten local community residents face criminal charges for a variety of measures taken to protect the rights of the project-affected communities. We do not want to judge nor condone the measures the communities felt necessary to take to defend their communities’ way of life and their land, but we understand they would have never taken place had the communities’ rights to be previously consulted and to be involved in democratic decision-making been recognized. We are very concerned that those defending communities’ rights are not only being subjected to criminal charges but also that their safety is not guaranteed.

Representatives of some of our organizations have visited the Intag area and witnessed first hand the social conflicts generated by the presence of the mining company, and have received information about methods of intimidation used by the company to try and implement a mining project that is clearly opposed by the majority of Intag’s residents. We are aware that in May of 2006, all of Intag’s local governments publicly asked for the company to leave Intag, and have noticed that the company has opted to ignore the wishes of these locally elected officials. It is also worth noting that for years the government of Cotacachi County has adopted, and publicly manifested the same position regarding the mining project. Given the opposition of the democratically elected local and regional bodies to the mining project, the intimidation of local residents, the far reaching impacts on the local population, the health of the human and natural environment and on the development of the whole region, we ask you to consider the revocation of any licenses awarded to the company.

In closing, we would like to thank you in advance for taking action to protect all human rights (civil, cultural, economic, political, social) as well as environmental rights in the Intag area. Please inform us about any action you have taken in this regard.

Sincerely,

cc. UN Special Rapporteur on the Right to Food, Jean Ziegler
UN Special Rapporteur on the Right to Housing, Miloon Kothari

News Reports 10:22 am

ASIDE from the plunder and economic sabotage cases filed against her last February, Bulacan Gov. Josie Dela Cruz may be charged with usurping the authority of the Department of the Environment and Natural Resources for her illegal issuance of mining and environmental permits.

Dave Diwa, president of the National Labor Union, said Dela Cruz arrogated upon herself the power of the DENR to issue Environmental Compliance Certificates and Certificates of Non-Coverage of Environmental Impact Assessments. (full article)

For those not in the know, the governor allowed quarrying in Biak-na-Bato National Park, symbolic birthplace of the Philippine Revolution. However, this extraction of marble went largely unnoticed until Leo Oracion and Erwin Emata, who’d earlier summited Mt. Everest called attention to it. This led to interest by the news media, which led to further investigations revealing the LGUs complicitity. Now there is an urging for the DENR to file charges for the governor’s usurpation of authority, misuse of the police force and contribution to the environmental destruction of a national park. Which goes to show that shedding light on the wrongs of the world is still a worthy exercise that can net results. We hope that it nets large, conviction-type results, we truly do.

News Reports 9:44 am

http://www.abs-cbnnews.com/storypage.aspx?StoryId=43861

RAPU-RAPU, Albay - With the green light from Environment Secretary Angelo Reyes, the Lafayette Philippines, Inc. will resume its mining operation Monday, a day before the Catholic Bishops Conference of the Philippines-Bicol Chapter and civic groups would stage a region-wide rally against the mining firm.

Reyes flew to this island town Friday where he finally agreed to the resumption of Rapu-Rapu poly-metallic mining operation provided that the firm complies with some conditions set by the Department of Environment and Natural Resources (DENR).
The conditions include payment of P10.4 million in fines, extension of the validity of its surety bond worth P7.7 million and ensure that a spillage of the mine tailings during heavy rains is prevented by installing dam monitoring instruments.

Lawyer Joselito Sarmiento, LPI director and corporate secretary, told The Manila Times that the one-month test run will definitely start on Monday after the firm’s new management complied with all conditions set by the government. (more…)

News Reports 9:37 am

http://www.philstar.com/philstar/NEWS200607109906.html
By Charlie Lagasca
The Philippine Star 07/10/2006

BAYOMBONG, Nueva Vizcaya — The Department of Environment and Natural Resources (DENR) has ordered an investigation into recent findings of mercury contamination reportedly caused by illegal small-scale mining in a remote mineral-rich village in Kasibu town.

Environment and Natural Resources Secretary Angelo Reyes also directed the regional and provincial environment officials to immediately take action against those behind the despoliation of natural resources in Barangay Didipio, a mountain village at the Nueva Vizcaya-Quirino boundary.

“We are committed to promote a clean and healthy environment and at the same time protect our natural resources from undue exploitation,” he said.

He gave assurance that the DENR will strictly enforce all environmental regulations in mining.

Reyes’ order came after earlier tests showed that the blood samples of some Didipio residents were found positive for mercury. (more…)

News Reports 9:36 am

http://www.sunstar.com.ph/static/gen/2006/07/10/bus/tampakan.group.exercises.option.in.gold.copper.project.html

THE Tampakan Group of Companies is reported to have converted its 4.6 million options into ordinary shares at Australian firm Indophil Resources NL.

The Tampakan Group, the original holders of mining rights at the Tampakan copper-gold project now pursued by Sagittarius Mines Inc., is composed of the Southcot Mining Corp. and Tampakan Mining Corp.
Indophil is backing Sagittarius venture through its 40 percent equity.

Tony Robbins, Indophil managing director, said that Southcot and Tampakan corporations were each granted 2.3 million options over ordinary shares at 20 cents per option in August 2003 as part of the capital restructuring of Sagittarius, which resulted in Sagittarius acquiring the interests of the Tampakan Group of Companies in the Columbio Financial or Technical Assistance Agreement (FTAA) that holds the Tampakan project.

The options held by the Tampakan Group of Companies are to mature in August this year. (more…)