No turning the other cheek for green activists

LOCAL environmentalists are unfazed by the listing of the Philippines as the third most dangerous country for environmental advocates.

The international group Global Witness said killing and various forms of harassment threaten environmentalists in the Philippines. In its latest report called “Deadly Environment”, 67 environmental activists in the Philippines have died, with two missing and presumed dead, between 2002 and 2013.
The number is the highest in the Asia Pacific region, with Thailand trailing with 16 deaths related to environmental activism. Brazil has the most number of environment-related killings with 448, Honduras has 109.

Among the forms of harassment on environmentalists in the country is SLAPP or Strategic Legal Actions Against Public Participation, according to environmental lawyer Gloria Estenzo-Ramos during her discussion at the Environmental Law Talks 3 yesterday.

“There have been several cases of SLAPP in the country and we have to slap back,” she said.

According to the 2010 rules of procedure for environmental cases, SLAPP is defined as an action whether civil, criminal or administrative against any person, institution, government agency or local government unit, with the intention to harass, vex or exert undue pressure or stifle any legal course that the person, institution or government agency has taken or may take in the enforcement of environmental laws.

Ramos said environmentalists or law enforcers faced with SLAPPs become burdened with the cost of legal defense. She said those who file SLAPPs don’t primarily intend to win the case, but to make defendants succumb to fear, intimidation and exhaustion so as to abandon their advocacies and concerns.

Ramos said that while environmentalists assailed with SLAPP can turn to legal recourse for protection, these cases have a chilling effect on environmental activists.
“We have to fight back. We have to slap back. There is a counterclaim or counter-suit for damages by the SLAPP suit target. It is the most effective long-range tool for discouraging SLAPP suits,” Ramos said.

Litigation challenge

According to Benjamin Cabrio of the University of San Jose-Recoletos faculty of law, there are several challenges in litigation of environmental cases.
He advised that in litigation of environmental cases, the court as well as the adversary counsel should be considered as an audience.

“As an environmental litigator, you assume the roles of both and advocate or trial lawyer and a preacher of your faith. Painstakingly and passionately argue your case with the end view of converting your audience into environmental advocates,” Cabrido advised.