Following the multi-stakeholder dialogue initiated by the Negrosanon Initiative for Climate and the Environment (NICE), held November 7, at the Municipal Hall of Candoni, NICE reiterates its call to halt the operations of the P2 billion palm oil plantation project by Hacienda Asia Plantation, Inc. (HAPI) in Candoni, a press release from NICE said.
The dialogue revealed the multiple violations of HAPI such as its not having an Environmental Compliance Certificate (ECC) and the lack of necessary permits from the National Commission on Indigenous People. Moreover the company faces an existing Notice of Violation from the Provincial Environment Management Office (PEMO), and a show-cause order from the Department of Environment and Natural Resources (DENR).
PROVINCIAL GOV’T INTERVENTION
Prior to the dialogue, NICE sent a 4-page letter to Governor Eugenio Jose Lacson asking him to intervene in the project by asking DENR to halt the operations of the plantation.
The letter, dated November 4, 2024, highlights significant regulatory lapses in HAPI’s operations, including the plantation’s non-compliance with mandatory environmental assessments and the lack of necessary consultations with affected communities.
Under Philippine law, any large-scale project affecting environmentally sensitive areas must complete an Initial Environmental Examination (IEE) and a comprehensive Environmental Impact Assessment (EIA) to assess potential ecological harm.
While the DENR’s Environmental Management Bureau (EMB) initially stated in a letter from February 17, 2011, that HAPI’s project would not require a clearance, NICE insists that evolving standards and the current extent of HAPI’s operations demand stricter oversight and compliance.
NICE contends that these omissions violate DENR Administrative Order No. 99-53, which mandates complete environmental documentation to protect local ecosystems and community welfare.
Lacson is yet to respond to the letter sent by the environment group.
THREATS TO IP
The National Commission on Indigenous People was also represented in the dialogue together with the representative of local cultural communities who argued that HAPI’s lack of formal communication with IP representatives undermines the Free, Prior, and Informed Consent (FPIC).
Concerns have also been raised over HAPI’s adherence to legal requirements, particularly the absence of a Certificate of Non-Overlap (CNO) for regions not impacted by IP claims.
Based on the policy governing the IFMA, areas occupied by indigenous people where they have an existing claim for ancestral domain are “Areas Prohibited for IFMA.”
NCIP has highlighted that approximately 4,000 hectares of ancestral land are under threat, despite HAPI’s claims of informal designation to address IP land rights. The NCIP has reiterated the necessity for HAPI to provide documentation confirming that its plantation activities remain within the legally mandated 6,000-hectare limit.
NICE has called for an NCIP investigation to verify HAPI’s adherence to these land requirements and prevent encroachment on IP lands.
RISKS AND HAZARDS
Beyond issues of displacement, NICE has raised concerns over the project’s environmental risks.
Originally planned with chemical weed control measures involving glyphosate, HAPI later reported a transition to manual grass-cutting, citing that the CDMP was outdated.
Glyphosate is a chemical banned in other countries because it is a non-selective herbicide, meaning it will kill most, if not all, plants in its way.
Yet, the community remains concerned about potential contamination of water sources and riverbank erosion due to the plantation’s proximity to sensitive waterways. In response to concerns raised by former Governor Lito Coscolluela, who advocated for riverbank protection, HAPI proposed a revised CDMP that includes a 20-meter buffer zone along riverbanks to prevent irreversible ecological damage. This revision has yet to be implemented.
HAPI’s plantation design also includes plans for water-intensive palm oil processing, which, according to NICE, could strain local water resources. NICE has questioned the adequacy of HAPI’s current water use assessments, emphasizing that the community deserves transparency about the long-term sustainability of water sources.
CALL TO HALT OPERATIONS
As a response to these pressing issues, NICE called on DENR to halt HAPI’s operations because of environmental and social violations.
Despite the governor’s effort to create a Multipartite Monitoring Team, NICE urges him to take decisive action by working with the DENR, PENRO, and CENRO to enforce a suspension or potential revocation of HAPI’s Integrated Forest Management Agreement (IFMA).
NICE representatives stressed that allowing HAPI to proceed under current conditions would set a dangerous precedent, undermining environmental accountability across the country and the province.
NICE also said that it will not join in the MMT created by the Governor as doing so would mean that HAPI will be allowed to proceed with its existing destruction of the environment.
Concerned about the existing workers who might lose their jobs with the halting of the operation, NICE urges the local and provincial governments to develop a comprehensive plan to ensure that the workers will have a just and equitable transition to new economic opportunities that will not expose them to harmful chemicals.
“The people of Negros Occidental deserve development projects that prioritize environmental health and community well-being, not projects that threaten to destroy our lands and displace our people,” a NICE representative stated. “We are committed to opposing this plantation project and ensuring that all future development in Negros adheres to rigorous environmental and social standards.”
We cannot allow HAPI to operate business as usual while bastardizing our environmental and social safeguards.
With an emergency meeting of NICE’s executive committee members on November 8, the organization demands a discontinuation and plans out an escalated opposition to the palm oil project and advocates for the protection of Negros natural and cultural assets.*
