Atienza denying ZTE, but liable for mess

In denying ZTE Corp.’s gold mining in Diwalwal, Environment and Natural Resource Sec. Lito Atienza at first claimed there’s no record on file. But reminded that Trade and Industry Sec. Peter Favila no less swore at the Senate having signed a memo of understanding, he groped for another line. An MOU is a mere invitation to invest, he snorted, so it’s in no way binding on the government.

Atienza represents the Arroyo admin whose word cannot be trusted. He is so much like the Malacañang spokesmen who flip-flop by the day in justifying the territorial pact with Moro separatists. The only difference is that Atienza is easily caught fibbing.

Favila’s MOU of July 12, 2006 does not only invite. Signed with ZTE Int’l president Yu Yong, it specifies Diwalwal mining as one of five projects in a $4-billion deal. The other four are North Davao mining, an export zone in Davao City, an info-tech school, and the infamous $329-million national broadband network. The wording belies Atienza’s claim of an MOU being nothing. Section 2.1.2.1 states: “The GRP, particularly the DoF, DTI, DILG, DENR, DoTC, DBM, NEDA, and all other government agencies and offices shall provide all necessary assistance for development and implementation of the investment projects.”

Will Atienza state that pesky Favila went beyond the inviting that an MOU is limited to relay? There’s nothing wrong with mimicking the Palace alibi that its peace talkers went beyond their power in initialing the Moro pact. Atienza could even strengthen Atty. Harry Roque’s case against Favila for violating the Constitution rule on Filipino exclusivity over mines.

But wait. Favila did have full clout, which further debunks Atienza’s mocking of MOUs. On the same day Favila signed, President Gloria Arroyo covered him with a special authority “to negotiate, conclude and sign” with ZTE. Further, “to make, execute and deliver any deed and other document of whatsoever kind and nature which may be necessary for the purpose of executing or implementing.” Aside from Arroyo’s signature on that paper is Executive Sec. Ed Ermita’s too.

Incidentally, signing as MOU witnesses were ZTE chairman Hou Weigui and then-presidential chief of staff Mike Defensor. Since the latter is party mate and predecessor at DENR, Atienza can readily ask about ZTE’s entry in Diwalwal. He can also ask Arroyo, who accompanied Yu and Hou to Davao around the time of the MOU signing.

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There’s a bigger issue Atienza must answer in Diwalwal. Specifically, what is he doing about pollution inside that 8,100-hectare forest reserve? What is he doing about destruction of forests in Masara, also in Compostela Valley, that caused this week’s and last year’s deadly landslides?

The questions arise in light of P.D. 1559 that amends the Forestry Code. The law penalizes anyone who aids and abets forest degradation by commission or omission. If a public official, the culprit shall be dismissed from the service and perpetually barred from holding appointive or elective position.

Mercury poisoning of forests, rivers and farms due to crude mining methods in Diwalwal has long been known. The gold rush area is only 729 hectares, but its trail of ruin extends up to 30 miles of the Naboc and Hijo rivers that flow down the mountainsides. A 1999 inquiry by the Senate health and environment committees elicited info that mercury in Naboc waters exceeded the World Health Organization’s tolerable level of 2 parts per billion. The DENR monitored the main tributaries to contain 132 ppb of mercury, or up to 66 times the danger point. The Mines and Geosciences Bureau, aided by the British Geological Services, placed mercury sediment in both Naboc and Hijo at 850,000 ppb, way above the permissible 5 ppb.

Cyanide and tailings add to the devastation, according to studies by the British agency and the Mindanao State University. Farms parch and cattle perish in the plains onto which the two rivers flow, and as they merge with also contaminate Agusan River and Butuan Bay. Upstream, trees and undergrowth choke. And Diwalwal’s tens of thousands of small miners are sick or dying of unchecked waste, according to the Philippine Mining Development Corp., another DENR agency.

Atienza must tell the country: has he licensed those miners? If yes, why is he not regulating their pollutive operations? If no, why does he let them infest and kill cattle, fish and trees?

In Masara 50 miles south, 16 people died this week when mud from North Davao mines buried the village of Maco. There too, forests have been denuded. What has Atienza done about it since taking office in July 2007?

If he says he only inherited the problem, then Atienza should sue Defensor and other predecessors under P.D. 1559. Even Arroyo knows of the pollution. She used it as excuse to declare Diwalwal a mineral reserve for awarding to ZTE.

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