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Miriam scores govt for not forcing Canada to take back its trash


(Updated 11:37 a.m.) Senator Miriam Defensor Santiago has expressed alarm over the seeming willingness of the government for the country to be an international trash bin just because it does not want to strain its relationship with Canada.
 
“This issue goes beyond waste management and threatens our sovereignty. I am alarmed that the government seems willing to say that we are an international trash bin out of fear of ruffling Canada’s feathers,” Santiago said in a press statement.
 
This was in connection with the 50 container vans of mixed waste material and hazardous wastes from Canada which arrived in the country in June 2013.
 
Foreign Affairs spokesperson Charles Jose earlier said the Canadian government has told Philippine officials that it is not liable for the shipment of waste materials by Chronic Inc.
 
Jose said re-exporting the waste back to Canada is not among the solutions being looked at since Canada has stated that they have no obligation to pull it out because it was a purely “private commercial transaction between Ontario-based Chronic, Inc. and its Philippine counterpart Chronic Plastics.
 
Santiago rejected this view as it leaves no obligation for Canada to take the garbage back.
 
President Benigno Aquino III, in a talk with Manila-based reporters during his state visit in Canada earlier this month, said the government will continue to pursue charges against Chronic Inc, which brought the mixed garbage from Canada even after a regional trial court has ordered its disposal in a local landfill.
 
In Senate Resolution 1341 Santiago filed Thursday, the senator said, under the Basel Convention, Canada is responsible for some 50 container vans of waste now sitting in Philippine ports.
 
The resolution, if adopted, expresses the sense of the Senate that the government should cite an international agreement to force Canada to take back mountains of garbage illegally exported into Philippine soil.
 
Santiago, chairperson of the Senate committee on foreign relations, said Article 9 (2) of the Basel Convention states that in case of a transboundary movement of hazardous wastes or other wastes deemed to be illegal traffic as the result of conduct on the part of the exporter or generator, the State of export shall ensure that the wastes in question are:
 
(a) taken back by the exporter or the generator or, if necessary, by itself into the State of export, or, if impracticable,
 
(b) are otherwise disposed of in accordance with the provisions of this Convention, within 30 days from the time the State of export has been informed about the illegal traffic or such other period of time as States concerned may agree. To this end the Parties concerned shall not oppose, hinder or prevent the return of those wastes to the State of export.
 
 
The senator said the garbage from Canada is covered by this provision in the Basel Convention, noting that Annex 2 of the international agreement explains that “other wastes” include those collected from households.
 
“The arduousness of complaint or arbitration mechanisms before an international tribunal should not hinder the government from asserting that the export of wastes from Canada violates the Basel Convention,” she said.
 
Santiago also said the decision to process the waste in the Philippines upon the request of the Canadian government sets a dangerous precedent for other countries to dump their waste in Philippine soil with impunity.
 
Last year, she also filed Senate Resolution No. 919, urging her colleagues to investigate the issue in aid of legislation but no hearing has been conducted yet.

Groups back Miriam

Environmental and labor groups have backed Santiago’s call.
 
“We are one with Sen. Santiago in asking the Aquino administration to exhaust all legal means to compel Canada to re-import their trash, including utilizing the Basel Convention to protect our country from turning into a pathetic landfill  for world’s garbage,” EcoWaste Coalition coordinator Aileen Lucero said in a press statement Monday.
 
Those that expressed support to the Santiago’s resolution are the Ang NARS Party List, Arugaan, Associated Labor Unions-Trade Union Congress of the Philippines, Bangon Kalikasan Movement, Ban Toxics, Buklod Tao, Bukluran ng mga Manggagawang Pilipino-National Capital Region, Cavite Green Coalition, Consumer Rights for Safe Food.
 
Also backing the senator are: Doctors of the World-Philippines, EcoWaste Coalition, For the Upliftment of Moral, Economic, Technological, Socio-Spiritual Aspirations of Persons (METSA-Philippines), Framework Convention Alliance on Tobacco Control-Philippines, Freedom from Debt Coalition-Cebu, Global Alliance for Incinerator Alternatives, Go Organic Davao City, Go Organic Mindanao, Green Convergence for Safe Food, Healthy Environment and Sustainable Economy, Greenpeace Southeast Asia, Health Care Without Harm-Asia, Interface Development Interventions, Kauban Movement and the Kinaiyahan Foundation.
 
Likewise joining the clamor are Krusada sa Kalikasan, LISU Cebu, Mamamayan Ayaw sa Aerial Spraying, Mother Earth Foundation, November 17 Movement, Oceana Philippines, Philippine Earth Justice Center, Public Services Independent Labor Confederation,  Sentro ng mga Nagkakaisa at Progresibong Manggagawa, Zero Waste Philippines, and Zero Waste Recycling Movement of the Philippines Foundation.
 
“We thank her for amplifying our strong disapproval against the planned disposal of Canada’s hazardous waste in local facilities on environmental, health, occupational safety, ethical and legal grounds, and we hope President Aquino will listen this time,” Lucero said. —Amita O. Legaspi/KG, GMA News