The Chamber of Mines of the Philippines (COMP) and anti-mining groups have welcomed the ruling of a local court ordering a mining firm to pay damages to survivors of the Marcopper mining disaster.
They were reacting to a decision dated May 16, 2022 rendered by Judge Emmanuel Recalde of the Marinduque Regional Trial Court Branch 38, wherein Marcopper was ordered to pay each of the 30 plaintiffs P200,000 in temperate damages and P100,000 in moral damages for the civil case filed in 2001. The court also ordered the mining company to pay P1 million as exemplary damages in favor of the plaintiffs.
COMP, which represents the big players in the country’s mining industry, for one, expressed relief that the court has finally rendered a decision in favor of the plaintiffs, but clarified that Marcopper operated under the old mining law.
In news statement, COMP said the tailings spill in Marinduque almost 30 years ago, considered the worst mining incident in the country’s history, “is a constant reminder to miners all over the world that the safety of all stakeholders in host mining communities is paramount.”
“It underscores that extreme consequences to people and the environment from catastrophic tailings facility failures are unacceptable,” COMP said.
Environmental guarantee fund
COMP said new laws governing mining have established a mandatory environmental guarantee fund mechanism known collectively as the Contingent Liability and Rehabilitation Fund (CLRF).
The CLRF—which consists of the Mine Rehabilitation Fund, Mine Waste and Tailings fees, and the Final Mine Rehabilitation and Decommissioning Fund—ensures just and timely compensation for damages and for progressive and sustainable rehabilitation for any adverse effect a mining operation or activity may cause.
COMP initiative
Meanwhile, through its initiative dubbed Towards Sustainable Mining, COMP-member companies have aligned themselves with the Global Industry Standard on Tailings Management issued by the United Nations Environment Programme-led Global Tailings Review.
“To be compliant with the Standard, mining operators must use specified measures to prevent the catastrophic failure of tailings facilities and to implement best practices in planning, design, construction, operation, maintenance, monitoring, closure, and post-closure activities,” it says.
New mining law
The anti-mining group Alyansa Tigil Mina (ATM), a group, which represents mining and mining-affected communities in the Philippines, meanwhile said it “gladly welcomes the landmark decision” in favor of the 30 plaintiffs against the Marcopper Mining Corporation. At the same time, the group said the ruling underscores the importance of a new mining law that would put the environment and mining communities above the interest of the mining industry.
“It may have taken decades for the court to make a ruling, but we are nevertheless hopeful considering that justice is finally served to the victims of one of the worst mining disasters in the country. The decision sends an encouraging signal to communities gravely affected by mining,” ATM said.
“At present, the mining laws in the country fall short in preventing destructive mining. A new law must be put in place to ensure mining disasters won’t happen again,” the group said.
For its part, the environmental group Kalikasan-People’s Network for the Environment (Kalikasan-PNE) described the court ruling as a victory of the people of Marinduque.