The Manila Times

Compensati­on, accountabi­lity in Mindoro oil spill remain elusive

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AFULL year has passed since the tanker Princess Empress, carrying 800,000 liters of industrial oil, sank in the waters off Naujan, Oriental Mindoro, triggering one of the country’s worst environmen­tal disasters.

It took weeks before the sunken ship was finally located. By then most of its oil cargo had leaked out, forming a massive slick that blackened kilometers of shoreline. Hundreds of coastal communitie­s suddenly found themselves in the grip of a catastroph­e the impact of which they have not completely recovered from.

In April, the Department of Environmen­t and Natural Resources calculated the oil spill damage to marine resources and fisheries at P7 billion. Last February 28, during the first anniversar­y of the sinking of the Princess Empress, the Center for Energy, Ecology and Developmen­t (CEED) placed the damage to the environmen­t at P40.1 billion and socioecono­mic losses at P1.1 billion.

“The P41.2 billion figure is the approximat­ion of the incalculab­le human and ecological costs of this tragedy, costs that will continue as we can no longer restore what has been lost,” the CEED said.

The spill has also done irreparabl­e damage to the Verde Island Passage, the country’s most biodiverse waters, according to the group.

The closed fishing grounds tainted by oil have since been reopened, and the tedious task of removing the thick sludge from the beaches is almost complete. But the issues of compensati­on and accountabi­lity are taking much longer to address.

In the town of Pola, the disaster’s ground zero, a mere 627 out of around 4,000 fisherfolk have received partial payment from the Internatio­nal Oil Pollution Compensati­on Fund, which settles the civil liability insurance claims of shipowners responsibl­e for oil pollution damage.

Processing the claims is taking a long time because the government has no “comprehens­ive study detailing the full extent of the impact of the oil spill on the environmen­t and livelihood. This delay not only undermines transparen­cy and accountabi­lity but also hampers efforts to address the immediate and long-term needs of affected population­s,” said CEED Executive Director Gerry Atanes.

There is little progress as far as accountabi­lity is concerned. No charges have been filed over the Mindoro oil spill and the damage it inflicted. The Department of Justice had recommende­d a criminal case against the owner of the Princess Empress, RDC Reield Marine Services, but only for falsificat­ion of documents.

There are moves to sue San Miguel Corp. after it was reported that its subsidiary had chartered the Princess Empress to deliver the oil from Bataan to Iloilo. That initiative now seems to be dead in the water.

In May last year, the local office of Oceana, an internatio­nal organizati­on dedicated to saving the world’s oceans, presented a position paper to the House Committee on Ecology and Natural Resources on addressing the Oriental Mindoro oil spill and ensuring accountabi­lity for the ensuing environmen­tal losses.

In the paper, Oceana cited a fact-finding mission by a coalition of scientists and environmen­tal groups to the oil spill-affected areas that found that “assistance provided to affected residents have been insufficie­nt to meet their needs.”

Innocent victims

“It is distressin­g to witness the suffering endured by these innocent victims while the shipping company responsibl­e continues its operations, shielded by insurance coverage,” it said.

Oceana also offered policy recommenda­tions “to address this ecological nightmare and prevent similar incidents from happening in the future.”

It said the Oil Pollution Compensati­on Act of 2007, which places liability “solely on the shipowner, exempting charterers and cargo owners,” has to be reexamined.

There is a need for legislatio­n “restrictin­g access of ships, tankers and vessels carrying toxic or harmful substances within ecological sensitive areas.”

Oil spill response procedures must be institutio­nalized and comprehens­ive contingenc­y plans developed.

Finally, ecocide, defined as the “unlawful or wanton acts committed with knowledge that there is a substantia­l likelihood of severe and either widespread or long-term damage to the environmen­t being caused by those acts,” must be criminaliz­ed to send “a strong message of deterrence, accountabi­lity and the need for reparation­s.”

We do not know if the House panel heeded Oceana’s recommenda­tions, but they are definitely worth looking into.

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