The case of Dr. Romeo Quijano and SLAPP

Defending against intimidation lawsuits
The case of Dr. Romeo Quijano, and a proposed law to stop intimidation lawsuits in the Philippines
Source: Environmental Defender Law Center (US)

The Problem

Environmental defenders may find themselves named as defendants in defamation lawsuits in local courts. All too often, the goal of those who bring these lawsuits is to silence environmental defenders who publicly criticize projects or practices that harm both the environment and affected communities. This disfavored type of intimidation lawsuit is known in the U.S. as a “SLAPP suit” (Strategic Lawsuit Against Public Participation).

In effect, those who bring SLAPPs seek to transform public debates into lawsuits in order to prevent the airing of legitimate concerns on matters of great public interest. These suits violate the human rights of environmental defenders and those on whose behalf they speak. See Human Rights Violated by SLAPP defamation suits. The problem of SLAPP suits is not restricted to the U.S.: the Philippines in particular has seen a huge proliferation of these lawsuits in recent years.
Dr. Romeo Quijano

Romeo Quijano is a physician and professor of pharmacology and toxicology in the Philippines. He had heard that the people of Kamukhaan, a village adjoining a large banana plantation on the island of Mindanao, were suffering from unusually high rates of disease. When he studied the health effects on the villagers of what he believed to be the overuse of a number of pesticides, Dr. Quijano found dozens of families who appeared to be suffering from pesticide poisoning.

Dr. Quijano videotaped his interviews with the villagers. When he arrived home, he assigned his daughter a summer project of writing a story from the taped interviews. She wrote the article with her father’s help and it was published in the newspaper. The article described the harm to the environment, and detailed the unusually high number of people suffering from significant health problems, linking these problems to pesticide exposure.

The publication of the article resulted in a libel action being filed against Dr. Quijano and his daughter by the fruit company. Dr. Quijano and his local lawyer welcomed assistance from EDLC and American lawyers, who prepared an extensive legal brief for use in his case. The brief showed how international human rights law prohibits the use of defamation laws to penalize environmental defenders in the exercise of their rights of free speech, petition, and citizen participation, and how human rights bodies have decided cases to this effect.

The court’s decision

On December 10, 2007 (Human Rights Day), the judge in the Philippines ruled in favor of Dr. Quijano and his daughter, dismissing the case. The judge ruled that there was “no convincing proof [of]…any malicious intent of defendants against the plaintiff,” and ordered the company to pay the Quijanos a portion of their expenses. In the meantime, EDLC learned of nearly a dozen similar cases filed in the Philippines against environmental defenders.
SLAPPS come to the Philippines

While EDLC has noted the increased use of SLAPP suits against environmental defenders in a number of developing countries, nowhere are SLAPPs more on the rise than in the Philippines. A Philippine Congressional Representative observed that “SLAPP defendants have been sued for lawful actions such as initiating signature campaigns, circulating a petition, publishing articles in newsletters, organizing and speaking in public meetings, reporting violations of the law, or participating in peaceful demonstrations.” Local groups share these concerns, leading to an effort to combat the problem through proposed comprehensive national anti-SLAPP legislation
Winston & Strawn and the Philippine Anti-SLAPP Law

EDLC was asked by elected representatives and NGO opponents of SLAPP suits in the Philippines to obtain American legal assistance in the effort to enact national anti-SLAPP legislation. At EDLC’s request, a team of lawyers at Winston & Strawn agreed to help.

Because SLAPPs aim to deter citizens from participating in public affairs, judges and legislators alike have condemned their use, fearing the danger such litigation poses to a well-functioning democracy. SLAPPs are so strongly disfavored that at least twenty-four U.S. states have enacted legislation discouraging their use. Most state statutes establish a process for motions to dismiss or strike claims, and expedite the hearing of such motions and suspend or sharply limit discovery until a ruling is made on the motion. These statutes also typically require the award of attorney’s fees, litigation costs, damages, and sanctions to SLAPP victims.

The lawyers at Winston & Strawn reviewed the draft of the legislation, offered comments, and proposed additional provisions. They also prepared a report on the SLAPP experience in the U.S. and in other countries, as well as analyzing the SLAPP problem under international human rights law. The report was presented to the Philippine House of Representatives to show the severity of the problem and the need for the proposed legislation.

In the meantime, there has been significant progress on the issue by virtue of the Philippine Supreme Court’s adoption in April 2010 of new rules of procedure for environmental cases. For the first time, the rules provide substantial protections for anti-SLAPP victims. And if the proposed law is enacted, it will mark the first time a country has created national anti-SLAPP law. Whether successful or not, proponents of the law hope that it will spur similar legislative proposals in other countries to help environmental defenders “SLAPP back.”

Pope urged to back People's Mining bill

By Ivy C. Tejano

Friday, January 16, 2015

ENVIRONMENTALISTS are appealing to Pope Francisto support their call for the passage of the People's Mining Bill in the wake of what they called "meaningless exploitation of mineral resources in the countryside."

Panalipdan-Southern Mindanao Region (SMR) spokesperson Kim Gargar said House Bill 4315 or The People's Mining Bill will help protect the forests destroyed by big mining corporations.

The bill will eventually lead to the nationalization of the mining industry and the changing of its export-oriented nature, Gargar said.

"In the spirit of pro-people religious stand, we hope that the Pope would express his support for the bill, so our lawmakers will pass it as law. We also hope that through the Pope, people may see the relevance of this law, how this would greatly benefit the people and the economy," Gargar said.

Republic Act 7942 or The Mining Act of 1995 allows the liberalization of mining industries, giving foreigners the right to fully own mining companies in the country. The bill has been decried as unconstitutional by various groups since its ratification.

"The only Christian thing to do in this situation is to call for the immediate cessation of foreign mining operations. To destroy the environment is to destroy the life of the people. We call on the Pope to hear our call to protect the people and the environment," Gargar said.

The spokesman said the Catholic Bishop Conference of the Philippines (CBCP) had long ago made a call against mining in the country.

NEWS: 1.2 Million budget allotted for Davao’s marine protected areas

Source: Davao Today

December 17, 2014

By Bal Kenneth Aballe, Davao Today Intern

DAVAO CITY – A German corporation pledged a total budget of P1,268,000.00 to facilitate researches and activities for the Davao City’s marine protected areas (MPA).

According to Councilor Marissa P. Salvador-Abella, chairperson of the Committee on Agriculture and Food, the funding for the project proposal, entitled as “Strengthening Established Marine Protected (MPA) Network within Davao and Conservation of Biologically Important Species”, reaffirms the significance of the MPAs.

“Gesellschaftfur International Zusammenarbeit (GIZ), a German Development Cooperation which primarily supports foreign developing countries focusing on the environment and infrastructure fortunately approved the project proposal of the Committee on Agriculture in establishing and managing networks for the marine protected area in Davao City,” Abella said.

The Davao City Marine Protected Areas Ordinance of 2007 mandates the establishment of marine protected areas to protect and rehabilitate critical habitats, increase fish productivity, enhance biodiversity and promote eco-tourism and research.

Map showing the coastal habitat and uses of Brgy. Lasang and Bunawan, Davao City, Philippines. From PDF source.

The city has three MPAs including Bunawan-Lasang MPA (415 hectares), Agdao Centro MPA (21 hectares) and Matina-Aplaya (37 hectares).

There are also other MPAs not covered by the MPA Ordinance such as in Barangay Hizon (2.5 hectares), Barangay Lapu-Lapu (6.6 hectares), Barangay Dumoy (3 hectares), Barangay Bago Aplaya (3 hectares) and Barangay Lizada (5 hectares).

The German funding will go through the University of Southern Philippines (USEP) Extension Office.

“One of the objectives of the project is to establish and manage a network of marine protected area in the City,” Abella said.

The project will also serve to “reduce illegal fishing activities by 10% through the enforcement of Local Fisheries Code of Davao City”.

“Our City is very fortunate to have been chosen as a recipient of the project. On the part of the City, it does not have to shell out additional funds for this project because the allocation for MPA Ordinance implementation will serve as counterpart and the same is already available in the City Agriculturist Office,” Abella said. (davaotoday.com)

STATEMENT: Aquino's Emergency Powers: more power to steal from the people and destroy the environment

Press Statement
December 14, 2014
Panalipdan Southern Mindanao

On the Emergency Powers of Pres. BS Aquino
More power to steal from the people and destroy the environment

Panalipdan-SMR, an environmental advocacy group in Davao City, declares its opposition to the Joint House Resolution 21 giving emergency powers to the President supposedly to address the so-called energy crisis in the summer months of 2015. There is no energy crisis looming. Instead, this move by the House of Representatives may only lead to greater opportunities for corruption in the Aquino administration and to speeding up of environmental destruction in the country.

On further inspection, it is the energy reserves, not the supply, that will be affected. Plus, there are several projects underway to address this problem without resorting to an emergency power. To grant the president emergency powers therefore is not only unnecessary, it is unscrupulous. It gives the President further control over energy-related projects, including the financial aspects of such, even in the midst of his involvement in the corruption with pork barrel funds.

According to reports, the DOE estimates a 782-MW shortage for 2015, but projects are already underway to provide 1,600 MW of power for the next year, more than what is needed to provide for the reserve needs. With the suspension of environmental laws under the emergency powers, the construction of privately-owned power plants in the country can be hastened, which means greater environmental destruction. Aquino is truly an enemy of the environment; it puts privatized power industry’s profit first regardless of their impacts to the ecology and communities which will be affected.

It is likely that the funds that come out of these projects funnel directly to those who supported this bill, as the election period looms near. Why can the government subsidize the owners of SGFs or backup generators and not give financial support to the setting-up of community-based electrification projects?

The power crisis is a hocus, one that is destructive to the environment and provident for corrupt lawmakers of opportunities for misuse of public funds most likely for the upcoming election season. The continued privatization of the power industry through EPIRA will continue to result to increasing prices for electricity.

It is true that there is an energy problem in the country, but the problem does not lie in the lack of electric power itself but on how the additional generated power will benefit the Filipino people. Many barangays are still up to now not electrified. The emergency powers given to Aquino only shows whose interests his government is serving, that of foreign power industry and their local business partners, and not to the Filipino people.

STATEMENT: On the 2nd Anniversary of Typhoon Pablo Disaster

Statement of Panalipdan Southern Mindanao
On the 2nd Anniversary of Typhoon Pablo Disaster
December 4, 2014

Two years after the disaster that was Pablo, survivors are yet to recover from its economic and environmental impacts. Many communities in Compostela Valley and Davao Oriental haven't felt the P10 billion rehabilitation project supposedly implemented by the BS Aquino government.

Worse, many pabahay residents have to suffer from poor housing conditions; many houses were built without proper foundation which thus spells further disaster. In Cateel, people have to shell out some amount to avail of the pabahay project.

Many families in New Bataan, Compostela Valley were forced to be dislocated from their farms just to avail of the housing project. In short, the rehabilitation effort of the Aquino government were effectively used as a tool to drive away residents from their communities.

Without the much needed help from the government, many Pablo survivors have realized their collective potential to rise up from the rubbles of Pablo. With the aid of disaster response and rehabilitation NGOs and concerned individuals and organizations, they were able to establish farms for their food security. They also adopted Rainforestation projects which aim to restore the forest and rehabillitate the environment that was damaged due to cash-oriented illegal logging. Aside from that, they found their strength in uniting against the entry of foreign large-scale mining.

Pablo survivors under Barug Katawhan together with support groups in Davao City stormed the DSWD once again on the 2nd anniversary of Typhoon Pablo. They also held protest in front of the Mines and Geosciences Bureau (MGB) to call for the repeal of the Mining Act of 1995 and the end to the foreign-owned large-scale mining operations in Pablo-stricken areas.

They are joining the kampuhan in Davao City towards the International Human Rights Day on December 10 in order to highlight the various human rights violations they suffer under intensified militarization, which was a reaction to their opposition to the large-scale mining operations and their persistent move to expose the criminal negligence of the Aquino government towards disaster survivors.

More photos here.

Coal mines polluting half of South Kalimantan’s rivers, lakes

Jakarta Globe
Indonesia
December 4, 2014

Nearly half of all the bodies of water in South Kalimantan is at risk of being contaminated by waste from coal mines, claims a report released by Greenpeace on Wednesday.

“Revealed: Coal Mines Polluting South Kalimantan’s Water” details the findings of a nine-month Greenpeace investigation that shows hazardous waste from intensive and largely unregulated coal mining activities is contaminating the province’s streams and rivers — and in many cases breaching national standards for mining wastewater.

One third of South Kalimantan has been allocated to coal mining, posing a clear threat to the province’s water quality. Greenpeace found that hazardous discharges of acid mine waste containing iron, manganese and aluminum, among others, are reaching bodies of water and their surrounding environment.

Around 3,000 kilometers of South Kalimantan’s rivers — almost 45 percent — are located downstream from coal mines.

“People in neighboring and downstream communities are using potentially contaminated water to bathe, wash and farm. They face unacceptable risks from coal mining activities. The government must act to safeguard their health and livelihood,” said Arif Fiyanto, Greenpeace Indonesia Climate and Energy campaigner.

Indonesia is the world’s largest exporter of thermal coal and the second largest coal exporter overall. Over the last decade, more than 90 percent of the archipelago’s coal production and exports have come from Kalimantan.

In addition to causing environmental problems, the province’s coal export boom could add 460 million metric tons to global annual carbon emissions by 2020, which would make a mockery of Indonesia’s 2009 pledge to cut emissions by up to 41 percent by 2020.

In recent years, coal production has grown the fastest in South Kalimantan, which produced 33 percent of Indonesia’s coal in 2011. As coal production has increased, so have the negative impacts on the people and environment.

Of the 29 wastewater samples taken by Greenpeace from five coal mining concessions in South Kalimantan, 22 were found to be acidic (low pH), well below the standards set by the government. Discharges, leaks and spills from contaminated ponds in coal concessions pose grave dangers to nearby creeks, swamps and rivers.

According to Greenpeace, mining companies profiting from these dirty — and in some cases illegal operations — have the responsibility to stop polluting water resources communities depend on. Companies found to be breaking the law should pay for clean-up operations even if their mining licenses expire or cancelled, since acid mine drainage (AMD) problems typically persist for many decades, the organization added.

“The new government of Indonesia and the provincial government of South Kalimantan can and must do more to hold polluters accountable to protect the people and the environment,” said Arif. “We expect a thorough investigation by government agencies, as well as tougher regulatory control. We look forward to working with the authorities to tackle and solve the problems highlighted in our report.”

Commemorating Typhoon Pablo