0604 UPHL , Background Philippines: The island of Rapu-Rapu, situated in Albay Province, has a total land area of 5,589 hectares. The island has very rich fishing grounds and fishing is the primary source of livelihood of the people. 27.03.2006 Mining is not new to the people of Rapu-Rapu. Already during World War II, Mining operations the Japanese Imperial Army mined in Barangay (village) Sta. Barbara and Rapu-Rapu had seen mining companies come and go. In 1995, Republic Act are threatening No. 7942, also known as the Mining Act of 1995 was passed. Enacted in 1995, the right to food the Mining Act opened up all public and private lands to mining operations and provides several important economic incentives and rights to foreign as of thousands of well as national mining corporations, to the detriment of local population. In persons, Rapu- addition, the Mining Act encourages open pit mining which is far more environmentally destructive than any other forms of mining operations. Rapu Island, Albay In 1998, Lafayette Philippines Incorporated (LPI), a subsidiary of Lafayette Mining Co. of Australia, entered the area after the Philippine government In October 2005, two incidences approved its multimillion-dollar Rapu-Rapu Polymetallic Project on of mine tailing spillage November 18, 1998. It is expected to yield around 50,000 ounces of gold, contaminated with cyanide were 60,000 ounces of silver, 10,000 metric tons of copper concentrate and 14,000 reported from the Lafayette metric tons of zinc concentrate per year. The project was also granted an Philippines Incorporated’s (LPI) Environmental Compliance Certificate (ECC) on July 12, 2001, which certified mining site in Rapu-Rapu Island. that the proposed mining project “will not bring about an unacceptable The spillage had caused “fish kills” and death of other marine environmental impact”. life in areas surrounding the LPI’s Rapu-Rapu Polymetallic Project. Due to LPI’s large-scale mining operations, the people of Rapu-Rapu are As a result, the right to food of experiencing a severe threat to their island’s fragile ecosystem as well as to thousands of poor fishermen is their right to food. In October 2005, two mine tailing spills contaminated now threatened with cyanide, occurred at the mining site of LPI. The incident happened allegedly after an overflow of the tailings pond brought about by heavy rains. The spillage of mine tailings had reached the sea, thereby resulting in fish kills and death of other marine life in areas surrounding the Lafayette mining site. To worsen the situation, fish catch declined drastically after the spill and many refuse to buy fish caught in Rapu-Rapu for fear of contamination. This problem confronts not only the residents of the island but also the adjacent towns in the provinces of Albay and Sorsogon, who consist mostly of poor fishermen’s families. In response to the spills, the Department of Environment and Natural Resources (DENR) has temporarily suspended LPI’s mining operations and fined the company. However, it was reported that LPI is continuing its operation despite the suspension of its mining operations. FIAN Mandate The recent spillage incidents caused by LPI are not only a great threat to the island’s fragile ecosystem, it is also a threat to the right to food of thousands of poor fishermen who depend solely on fish in order to sustain their livelihood. As a state party to the International Covenant on Economic, Social and Cultural Rights, the Philippine government has the obligation to protect the right to food of all of its population, including the End of Action fishing community on the island of Rapu-Rapu. An international intervention is needed in order to protect the right to food of poor fishermen on the island of Rapu-Rapu. Please send a polite May 27, letter to President Gloria-Macapagal Arroyo, requesting her to take appropriate measures on the matter immediately. 2006 Addresses: Her Excellency Gloria Macapagal-Arroyo President Republic of the Phillipines Malacanang Palace Manila Fax: +63 2 8323793 Secretary Angelo T. Reyes Department of Environment and Natural Resources (DENR) Central Office Visayas Ave., Diliman Quezon City, Philippines Fax: +63 2 9250332 E-mail: [email protected] Copies to: Fr. Felino B. Bugauisan, SOLT Asst. Parish Priest Parish of Sta. Florentina Poblacion, Rapu-Rapu Albay, Philippines Fax: +63 52 4805227 Carlos G. Dominguez President Lafayette Philippines, Inc. (LPI) Suite 23, 178 Salcedo St. Legazpi Village Makati City, Philippines Please inform FIAN FIAN International Secretariat P.O. Box 10 22 43 International about any D-69012Heidelberg response you receive Tel: +49.6221 653 00 30 Fax: +49.6221 830 545 to your faxes and email: [email protected] letters. http: www.fian.org Her Excellency Gloria Macapagal -Arroyo President Republic of the Philippines Malacanang Palace Manila Fax: +63 2 8323793 Honourable Mrs. President, Recently I received alarming information concerning two mine tailing spillage contaminated with cyanide from the mining site of Lafayette Philippines Inc. in October 2005. It was reported that the spillage had caused the death of a great number of fish and other marine organisms in areas surrounding Lafayette mining site. Even today, several months after the incident, many residents in surrounding areas refuse to buy fish caught in Rapu-Rapu for fear of contamination. As a consequence, thousands of poor fishermen in Rapu-Rapu as well as some residents in adjacent towns (Albay and Sorsogon) are having difficulties feeding themselves as they solely depend on fish to sustain their livelihood. Lafayette Philippines Inc. (LPI), a subsidiary of Lafayette Mining Co. of Australia entered the area after your government approved its multimillion-dollar Rapu-Rapu Polymetallic Project on November 18, 1998. The recent incident took place despite the issuance of Environmental Compliance Certificate (ECC) on July 12, 2001, which certified that the proposed mining project “will not bring about an unacceptable environmental impact”. The Philippines is a state party to the International Covenant on Economic, Social and Cultural Rights, and therefore is duty-bound under international law to protect the right to food of all of its citizens. Due to the mine tailing spillage, the right to food of the inhabitants of Rapu-Rapu who are mostly poor fishermen is severely threatened. I welcome the recent decision of the Department of Environment and Natural Resources (DENR) which ordered the temporary suspension of LPI’s mining operation as well as the imposition of P10.7 million fines on LPI. Nevertheless, it was reported that the company is still operating despite the suspension of its mining operations. I would like to ask you, Honourable Mrs. President, to: - order the immediate permanent closure of Lafayette’s Rapu-Rapu Polymetallic Project in Rapu-Rapu, Albay; - ensure the rehabilitation of the mining area as well as the fishing grounds of Albay Gulf; - ensure that all affected communities be compensated; and - repeal the Mining Act of 1995, as it lacks safeguards for the local population. Please inform me which measure you will intend to take in this matter. Sincerely, .