IOPCF defends oil spill compensation given to Guimarasnons
International Oil Pollution Compensation Fund (IOPCF) Deputy Director Joe Nichols debunked retired Judge David Alfeche's pronouncement that the compensation claims received by Guimaras residents affected by the Solar 1 oil spill was "disadvantageous to the claimants."
"I am afraid that the statement allegedly made by retired Judge David Alfeche Jr that the agreement was disadvantageous to claimants in that they have to irrevocably waive their rights for further court claims is incorrect," said Nichols in a statement sent to this paper.
In last week's press conference organized by K8/11, a civic organization, Judge Alfeche described the agreement between the Fund and the claimants as "disadvantageous to claimants." He said many of the affected fisher folks have been unaware of the implication of signing the agreement in their desire to immediately receive the compensation claims.
Alfeche specifically pointed the provision that states that the claimants irrevocably waive their rights for further claims from the owners of Solar 1 in relation to the oil spill damage. The same agreement would prevent the residents from seeking future claims if another oil spill would happen from the wreck.
The ship has yet to be removed as well as an estimated 2.1 million liters of bunker fuel. He said there is still a possibility of another oil spill because thousands of liters of bunker fuel is still inside the ship's compartment.
In Guiwanon, an island barangay in the town of Nueva Valencia, at least 234 residents have signed a statement refusing to sign the final settlement agreement drafted by the Fund.
Alfeche also set fire the consciousness of the Guimarasnons in relation to the compensation claims as cited the Exxon Valdez oil spill in Alaska in 1989. He said until now the affected residents continue to receive payments and payment was even increased.
Alfeche along with the Archdiocese of Jaro thru Monsignor Meliton Oso has called on residents of Guimaras Island affected by the oil spill to reject a settlement agreement.
The Archdiocese has tapped the assistance of the Sapalo and Velez Law Offices to help the residents seek higher compensation.
Oso, director of the Jaro Archdiocese Social Action Center also said the affected residents were being paid in "pittance" for the surrender of their rights to seek just compensation.
In an e-mail, Nichols explained that if a release of oil were to occur before or during the operation to remove the remaining oil from the wreck in early March, and if the fisherfolk on Guimaras Island were to suffer further pollution damage, "they would be perfectly entitled to claim further compensation."
Nichols stressed that the Fund has made this position very clear from the outset. The Fund gave series of workshops to officials of Guimaras provincial government as well as representatives of the fishing communities in the island shortly after the oil spill.
He added that during those workshops, the Fund described the scope of compensation available under international Conventions (1992 Civil Liability Convention and 1992 Fund Convention) and explained the claims assessment and payment process, including the terms of the settlement agreements during those workshops.
He explained that the Fund is currently issuing two types of receipt and release agreement. Those fisherfolk that are solely engaged in catching wild stocks of fish and shellfish have been offered compensation for losses of earnings over a period of three months (11 August to 11 November).
Nichols added that the Fund has taken the view that fishing activities after the three month period were back to normal and so those fisherfolk are being asked to sign full and final settlement agreements for that period. "However, there is another group of fisherfolk, who besides being engaged in catching wild stocks of fish and shellfish, are also engaged in aquaculture, such as the cultivation of seaweed."
The Fund has not yet completed its assessments of the claims for losses in the aquaculture sector and so fisherfolk engaged in mixed activities are being asked to sign an interim receipt and release agreement. Once their remaining losses have been assessed those claimants will also be asked to sign full and final settlement agreements when they receive their compensation, ended Nichols.