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Philippine Environment Chief, Greenpeace Hail Creation of 117 Green Courts

January 18, 2008
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Text of report in English by Philippine newspaper Philippine Daily Inquirer website on 15 January

[Report by Jocelyn R. Uy and Agence France-Presse: "SC Hailed for Creation of 117 Green Courts"]

MANILA, Philippines – The environmental group Greenpeace Monday hailed the Supreme Court for the creation of 117 green courts, hoping that this development would finally put closure to unresolved environment crimes in the country.

“The Marcopper disaster stands out as a classic example of these unresolved corporate crimes,” Von Hernandez, Greenpeace Southeast Asia campaigns director, said in a statement Monday.

He was referring to the worst industrial and environmental disaster to hit the island-province of Marinduque on March 24, 1996, when a plug in a drainage tunnel of Marcopper mines failed, dumping millions of cubic meters of toxic mine tailings into the Boac and Makulapnit rivers.

Placer Dome

The mine tailings spill from Marcopper Mining Corp.-Placer Dome, a Canadian mining company, left the 27-km Boac River virtually dead.

“Abusive corporations treat our mountains and rivers as their private storehouses and repositories for their toxic waste,” Hernandez said.

“We hope that the green courts will strengthen the need to make colluding regulators and violators accountable for the perfidious actions they make which affect the rest of us,” he said.

The group also hoped that the creation of the environmental courts would not only expedite the resolution of pending and future environmental cases but also give more teeth to existing laws.

“While the policy tools may already be in place to respond to the plethora of environmental challenges before us, the inconsistent and half-hearted enforcement of these laws has always been the bane of our environmental protection strategies,” Hernandez said.

The Department of Environment and Natural Resources (DENR) also praised the Supreme Court for its initiative.

Environment Secretary Lito Atienza said the DENR would be able to concentrate more on substantiating charges against violators of environment laws.

“From the ranks of the judiciary will now emerge (prosecutors) and judges who are thoroughly capable in promulgating judicial decisions on land, forestry, conservation and other environmental laws,” Atienza said.

Confiscated vehicles, products

He also expressed the hope that the green courts would be able to finally dispose of evidence, such as confiscated vehicles and forest products, which are rotting in DENR compounds because of the delay in the resolution of cases, and use the proceeds for public good.

DENR records showed that in 2006, 1,529 cases were filed in court for violation of forestry laws alone. Of this number, 962 are still under litigation, 10 are pending arraignment and pre-trial.

Seventy-five of these cases have been dismissed, four are for provisionary dismissal, eight have been forwarded to regional trial courts, and 83 are still with the provincial prosecutor’s office.

Atienza said Supreme Court’s efforts to speed up the resolution of environmental cases would serve as a “big source” of encouragement to environmentalists from various sectors and organizations.

Crackdown on bird traders

“They will now pursue their advocacy with more passion and dedication because they know that their actions will bear fruit because the environmental criminals will be prosecuted and convicted,” he said.

The DENR also vowed to crack down on the killing or capture of protected species amid reports bird hunting tours are being advertised openly on the Internet.

More than 215 bird species found in the country are on the World Conservation Union’s “red list” of critically endangered species, and hunting them is illegal.

Atienza said he was concerned by reports that hunting expeditions were being organized and advertised openly.

“I have issued an order to (environment department) field personnel to look for or monitor the activities of bird hunters and act accordingly, in coordination with local government and police officials,” he said in a statement.

“We have a Wildlife Act aimed at conserving and protecting wildlife resources and habitats. This law explicitly prohibits the killing, collecting, hunting or possessing of wildlife, their by- products and derivatives. We must implement this,” Atienza added.

A juvenile Philippine eagle, one of the world’s largest, has been restored to full health after it was shot in September 2006, and could be released later this month, the Philippine Eagle Foundation said Monday.

The penalty for killing or destroying vulnerable wildlife species is two to four years in prison and fines of between P30,000 and P300,000 – or both, the DENR said.

Originally published by Philippine Daily Inquirer website, in English 15 Jan 08.

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