Saturday, March 17, 2012

Ecology lawyer calls Gwen case a SLAPP

Update on the battle of fisherfolk in Cebu against powerful environmental poachers shared by lawyer Gloria "Golly" Ramos. This is re-posted from the Cebu Daily News. _________________________________________________________ An ecology advocate said the complaint filed against her by Gov. Gwendolyn Garcia over moves to stop the Cordova Reclamation Project was a form of human rights violation. “I will not be cowed,” said lawyer Gloria Estenzo-Ramos, co-founder of the Philippine Earth Justice Center (PEJC), in a press conference. “If her objective is to silence us, she will not succeed.” Ramos said the group will seek the aid of the Commission on Human Rights and the Cebu Archdiocese, as well as seek all legal options to protect fisherfolk complainants who are being “harassed” by Cordova Mayor Adelino Sitoy. She said three fisherfolk from Cordova who were among the petitioners in the administrative and criminal complaint filed against the governor and Mayor Sitoy before the Ombudsman refused to go back to their homes because of fear of reprisal. Ramos said the governor’s complaint of malicion prosecution filed against her last Wednesday was clearly an act of “harassment and intimidation.” She said the governor’s charge falls under the category of Strategic Lawsuits Against Public Participation or SLAPP, which are generally viewed as a violation of human rights. Garcia filed a case against the lawyer on Wednesday for “malicious prosecution” in violation of Sec. 35 of the Ombudsman Act of 1999, which defines the offense as committed by a person, who, acting with malice or gross bad faith, files a completely unwarranted or false complaint against a government official or employee. Ramos, Vince Cinches and some Cordova fisherfolk filed a complaint with the Visayas Ombudsman last week against the governor and six other officials, including the Cordova mayor and DILG secretary, for allegedly failing to protect the environment and the livelihood of affected Cordova fisherfolk. Ramos said that before they filed a case against Capitol and Cordova officials, they sent letters seeking a dialogue. “We were forced to file this case because the DILG did not do its job,” she said, adding that the DILG should have checked the reclamation project when concerns of local residents were first raised. She also questioned the Environment Impact Assessment made by the DENR’s Environment and Management Bureau in Central Visayas, which issued an Environmental Compliance Certificate for the reclamation. She said the agency’s assessment of the marine resource in Cordova was very different from the report of the Integrated Coastal Resource Management Progrma (ICRMP) of Cordova that confirmed the presence of diverse marine species in the area, while the EMB said that corals in the project site were already destroyed beforehand. “This reclamation in Cordova is destroying the livelihood and the quality of life of the marginalized fisherfolk,” Ramos said. Marine biologist Angie Nellas said the sea grass beds there should be preserved as one of the largest sea grass coverage in Central Visayas. The sea grass beds will be the first to be wiped out during reclamation of foreshore land. She said the loss of these beds may trigger an ecosystem collapse. “Some fishes are highly dependent on the sea grass beds for food and shelter. These beds serve as the main source in the ecology and they hold the sediments and dissipate the huge waves,” she said. Cinches of 350.org, said a food security issue may arise if the project continues.--Reporter Candeze R. Mongaya and UC Intern Manuel Alexes T. Tan

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