US senators to look into Clark-Subic toxic question - Roses And Thorns byAlejandro R. Roces

Sen. Sergio Osmeña III has confirmed that two US senators -- Richard Lugar and Daniel Inouye -- are coming to the Philippines to look into the toxic waste contamination that Americans left behind in two former US-run military bases in Central Luzon.

Last Monday, six-year old Crizel Jane Valencia was buried in the Madapdap resettlement, a victim of leukemia that she acquired from the chemicals that have polluted the area's water supply. She is the 81st victim of toxic waste contamination.

Two foreign-funded studies conducted in 1998 have established that more than 40 sites in both Clark and Subic are contaminated areas. But both the US state and defense departments maintain that the US government is not responsible for the contaminations left behind by their former bases. They cite that the Military Bases Agreement has a provision that at the expiration of the agreement, the US is not required to turn over the bases to its host country in the condition it was at the time they first occupied it.

But, as Isabela Rep. Heherson T. Alvarez pointed out, under international laws, said provision did not give the US the right to disregard our laws concerning toxic chemicals. Alvarez pointed out that the US was not only a signatory, but an exponent of the 1992 Rio Declaration on Environment and Development wherein a general rule was adopted that polluters are responsible for the cost of clean-up for toxic spills or toxic wastes.

Alvarez's statement said: "The Philippine government should issue proceedings against the US before the ICJ to seek a declaration that the United States of America is required to meet the costs of removing all toxic substances dumped by the US both within and around the designated former military bases as well as provide compensation to the toxic waste victims... Viable claims exist on behalf of the Philippine government and President Estrada should exert political will to seek compensation and relief for our dying people. The US cannot disregard Philippine environmental laws with impunity."

Meeting in Rio de Janeiro from June 3 to 14, 1992, the United Nations Conference on Environment and Development proclaimed:

Principle 13

States shall develop national laws regarding liability and compensation for the victims of pollution and other environmental damage. States shall also cooperate in an expeditious and more determined manner to develop further international law regarding liability and compensation for adverse effects of environmental damage caused by activities within their jurisdiction or control to areas beyond their jurisdiction.

Principle 16

National authorities should endeavor to promote the internalization of environmental costs and the use of economic instruments, taking into account the approach that the polluter should, in principle, bear the cost of pollution, with due regard to the public interest and without distorting international trade and investment.