Mining – India 1
1. State directed to stop mining operations 1
2. No question of stopping mining work: Reddy 2
3. Anti-Vedanta groups not allowed in meeting 4
4. JSW Energy set to snap up African coal mine for $70 mn 4
5. BJD, CPI alliance may end resistance against Posco 5
6. JSL seeks more time to buy back FCCBs 7
Mining – International 8
7. Jindal Steel & Power to start gas production in Bolivia by June this year 8
8. 12 CV municipalities opposed to mining 9
9. Indonesia mining rules may deter investors-officials 10
10. Officials watch mining operation 12
11. DENR ensures compliance of mining rules, regulations 13
12. Steelmakers Anxious Over Chinese Iron Ore 14
13. Mining minister wants organisation in mineral exploration 16
14. Bauxite mining in Central Highlands gets Politburo go-ahead 17
15. Controversial Vietnam mine project to proceed 18
Other News – India 19
16. NREGA implementation Onus on Govt, NGOs, says CJI 19
17. Food, fuel and climate threaten Asia 20
18. CO2:Bad For People, Great For Trees 22
19. ADB’s public communications policy 23
20. Changing climate policies 25
Mining – India
State directed to stop mining operations
Staff Reporter
Ministry of Environment and Forests seeks action against officials
ANANTAPUR: The Forest Conservation Division of the Ministry of Environment and Forests (MoEF) has directed the State government to take steps to stop mining activity in five mining leases, including Obulapuram Mining Company (OMC) and Bellary Iron Ore Private Limited (BIOP), in D. Hirehal mandal in Anantapur district till demarcation of leases is done by the Survey of India (SoI).
Further, it was directed that the mining permissions be kept under suspension till proper boundaries and safety zones are provided to the five mining leases on ground.
A letter written by Senior Assistant Inspector-General of Forests B.K. Singh to the Principal Secretary (Forests) of the State government also recommended action against the officials concerned for allowing mining in the five leases without proper demarcation and for violation of the Forest (Conservation) Act, 1980.
‘Violations’
In the letter dated April 22, 2009, to the Principal Secretary, a copy of which is available with The Hindu, Mr. Singh stated that Regional Chief Conservator of Forests, Bangalore, had inspected the mining lease sites to examine the charges of violation of the Forest Act by District Forest Officer, Anantapur, Kallol Biswas, in connivances with OMC. The RCCF had sent his report to the MoEF on January 30, 2009.
The RCCF’s report and observations of Central Empowered Committee (CEC) were examined by the Forest Advisory Committee (FAC) constituted by the Central Government under Section 3 of the Forest Act.
The FAC had noted that the site was inspected by the regional officer and found that mining lease areas were not demarcated on the ground.
Further, no safety zone was provided.
The inspecting officer could not ascertain whether mining was restricted to the approved leased forest area or not by the five lease holders. Based on the report, the CEC recommended that no mining activity be permitted till the demarcation is got done by the SoI. It had also recommended the State Government to request SoI for demarcation at the earliest.
After detailed discussions, the FAC had expressed concern over irregularities in operation of the projects cleared under the Forest Act and recommended that permissions given to five mines be kept under suspension till demarcation was completed and boundaries and safety zones were provided.
The Principal Secretary was directed to suspend the mining permissions and activity of BIOP (27.12 hectares), Y. Mahabaleswarappa and Sons (20.24 ha) OMC (25.98 ha and 39.5 ha) and Anantapur Mining Corporation (6.5 ha) till demarcation and provision of safety zones by the SoI.
http://www.hindu.com/2009/04/27/stories/2009042759530600.htm
No question of stopping mining work: Reddy
Staff Correspondent
‘Report of survey done by A.P. already sent to the Centre’
________________________________________
No need for another survey by the Survey of India, says Minister
The April 22 letter from MoEF had directed suspension of mining licences
________________________________________
G. Janardhan Reddy
BELLARY: The question of suspending mining by the Obulapuram Mining Company (OMC) at Obulapuram village in Andhra Pradesh does not arise as the Government of Andhra Pradesh has conducted a survey of the mining areas, fixed the boundaries and has already sent a report to the Secretary, Ministry of Mines, Government of India, Minister for Tourism G. Janardhan Reddy has said.
Mr. Reddy, who also owns OMC, was reacting to a letter from the Union Ministry of Environment and Forests (Forest Conservation Division), dated April 22, 2009, directing the Principal Secretary (Forests), Government of Andhra Pradesh, to suspend the mining licences to five mines, including OMC, till a survey by the Survey of India was completed.
Mr. Reddy, releasing copies of the letter dated April 25, 2009, despatched to the Centre along with the survey report of the high-level committee, said the mining areas had been surveyed and the boundaries fixed, and there was no need for another survey by the Survey of India, as sought by the Ministry of Environment and Forests (MoEF).
Site inspection
It may be mentioned here that B.K. Singh, Senior Assistant Inspector-General of Forests, Ministry of Environment and Forests, (Forest Conservation Division), in a letter to the Principal Secretary (Forests) Government of Andhra Pradesh, mentioned that a site inspection had revealed that the Forest (Conservation) Act 1980 had been violated as the areas for which licences were given were not found to be demarcated and there were no safety zones provided.
The MoEF had also felt that the demarcation should be got done through the Survey of India, and in the meanwhile no mining should be permitted.
http://www.hindu.com/2009/04/27/stories/2009042754280400.htm
Anti-Vedanta groups not allowed in meeting
Statesman News Service
BHAWANIPATNA, April 26: Pro-Vedanta industry groups prevented those opposed to the project from attending a public hearing organised by the Orissa State Pollution Control Board in Bellemba village near Lanjigarh yesterday.
Those in favour of the project dubbed the anti-industry faction, who were accompanied by a couple of foreigners, as "outsiders".
The public hearing was held to ascertain people's opinion on environmental issues related to a proposed expansion proposal of Vedanta Allumina Ltd.
VAL which has already established 1 million ton per annum capacity refinery at Lanjigarh and started production since 2007 procuring raw material from out side the state as it awaits clearances for the bauxite mining operation at Niyamgiri, a proposal which has been highly controversial.
Now the VAL proposes to expand the refinery to 6 million ton per annum.
Inhabitants from affected villages like ~ Belamba, Sindhbahal, Rengopali, Bandhaguda and Kapaguda participated in the hearing.
The villagers wanted firm commitment on pollution control and rehabilitation benefits.
The public hearing was presided by ADM Kalahandi, Mr Chudamani Seth.
The anti-Vedanta groups and pro-groups came face to face when groups like Sachetan Nagarik Manch, Niyamgiri Surakshya Samiti along with NGO activists from outside the state including foreigners from England and Germany, said to be social activists, entered the area. The local pro industry groups resisted the anti-groups leading to chaos.
At the public hearing Dr Mukesh Kumar, the chief operating officer of VAL in his presentation addressed concerns raised by different groups and villagers and assured that the Company will take all initiatives for social, economic and environmental development of the area.
In this context Mr Siddhartha Nayak, leading activist of Sachetan Nagarik Manch and Green Kalahandi outfit later alleged that the company is not complying the pollution related lapses and defects pointed out by state pollution control board, and in view of this now there is no justification to go for the proposed expansion.
Some of the villagers like Mr Daaka Majhi welcomed the company’s expansion proposal saying: “We have seen the developmental work of Vedanta and realise what benefit the company can give us, if we give our land. We have no objection if our land goes for a bigger plant”.
He was supported by Mr Lingaraj Majhi of Rengopalli village who said: “If our land will be included in the expansion project, our fate will be changed. We support the company from its inception and will be happy to give our land for the expansion work.”
http://www.thestatesman.net/page.news.php?clid=9&theme=&usrsess=1&id=252368
JSW Energy set to snap up African coal mine for $70 mn
27 Apr 2009, 0118 hrs IST, Pramugdha Mamgain, ET Bureau
NEW DELHI: Sajjan Jindal-led JSW Energy is close to acquiring a sub-Saharan African thermal coal mine, which has reserves of more than 200
million tonnes, to minimise dependence on other overseas companies, said a person with direct knowledge of the development.
Although the person did not reveal the deal size, an expert tracking the sector said it could be anywhere between $70-100 million (Rs 350-500 crore) depending on the quality of coal and how far the mine is from the port. Thermal coal is a key input in power generation.
The acquisition, if successful, would be funded through a mix of internal accruals and debt, the person added. Coal from the mine would be shipped to India for captive use in the company’s three upcoming power plants. JSW Energy, part of the JSW Group, has interests in power generation, transmission, distribution and trading.
The JSW Energy official spokesman declined to comment on the proposed deal. Currently, the company has access to limited thermal coal reserves in India and is largely dependant on imports. Besides making full-fledged acquisitions, the firm is also in talks with the local African government for jointly developing thermal coal mines.
According to a Delhi-based independent steel analyst, the procedure to access a coal mine in India is arduous and raises environmental issues. So, domestic power firms are constantly looking for mineral resources overseas.
Thermal coal is most well-found resource in the world and is available in abundance in Africa and Indonesia.
JSW Energy is in the process of installing three power plants, one each in Karnataka (600 mw), Rajasthan (1,080 mw) and Maharashtra (1,200 mw). The company has already commissioned 300 mw in Karnataka.
http://economictimes.indiatimes.com/Metals--Mining/JSW-Energy-set-to-snap-up-African-coal-mine-for-70-mn/articleshow/4452637.cms
BJD, CPI alliance may end resistance against Posco
Statesman News Service
JAGATSINGHPUR, April 26: The last minute “opportunistic” seat adjustment between CPI and the ruling Biju Janata Dal (BJD) is likely see the three-year old people’s resistance movement against steel major Posco coming to end in Jagatsinghpur district.
It is evident from the fact that the anti-land acquisition leaders, till date backed by the CPI, gave up their poll boycott threat for the general elections recently apparently persuaded by some of the prominent state-level CPI leaders.
Close on the heels of the recent general elections conducted “successfully” in Dhinkia and Gobindapur villages, the epicentre of anti-Posco movement for almost last three years, the administration had decided and suggested for conducting of elections to panchayati raj institutions (PRIs). Accordingly, the State Election Commission (SEC) has issued notification for the panchayat election in 13 wards of Dhinkia gram panchayat yesterday. The polling date has been fixed at 5 May, while the counting of votes will take place the next day.
The last elections to the panchayti raj institutions in Dhinkia panchayat had to be cancelled following violence between the anti-Posco and pro-Posco activists on 21 February, 2007. Since then, with reports of frequent clash, murder, palm chopping, bomb hurling, abduction, arson, the district administration could not hold the panchayati raj elections. In fact, the administration officials could not muster courage to enter the stronghold of Posco Sangram Pratirodha Samiti (PPSS) for years let alone conducting elections.
Sources said while out of nine wards, panchayat polling during last election could be held only at three wards of Dhinkia revenue village, polling in all the seven wards of Gobindapur village were severely affected due to alleged booth capturing and rigging.
As per the notification of the SEC, it has accepted the suggestion of the collector and election officer regarding relocation of polling booths of ward no. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 at Trilochanpur village of Dhinkia gram panchayat and ordered that fresh polls shall be held in respect of ward members of these 13 wards and similarly, the voters of these 13 wards being part of Dhinkia gram panchayat shall exercise their franchise in electing sarpanch and panchayat Samiti member of Dhinkia GP and Zilla Parishad members.
The re-polling will not be held at Gobindapur and Dhinkia village, but at Trilochanpur village as the administration has shifted booths to Trilochanpur. As there is no provision to cast vote in other panchayats, so the SEC has cancelled shifting of booths of Gobindapur village to Nuagaon which is another panchayat, sources said.
The anti-Posco activists of the area mostly from the Posco Pratirodha Sangram Samiti (PPSS) now feel “cheated” with such sudden development of events. It may be noted here that PPSS leader Mr Abhay Sahu, who was backed by CPI, had been spearheading the anti-Posco movement for last three years. Many prominent CPI leaders like Mr AB Bardhan had visited the area and assured “complete support” against land acquisition for the steel company. Mr Sahu was nabbed in October and since then languishing in jail. Maintaining that his arrest was illegal and undemocratic, Mr Sahu’s son had moved the State Human Rights Commission.
With elections approaching, it was believed that Mr Sahu may be released as the CPI intends to field from for assembly election. However, it could not materialise with police slapping fresh case against him and ensuring his stay behind the bars. Meanwhile, the general elections for the Parliament and Assembly took place in the troubled area on Thursday “successfully”, where a meager 10 percent polling was reported. Nonetheless, the ecstatic district administration has started preparation for panchayat election in the area.
Flabbergasted, morally down and without any support, the PPSS activists are now in a quandary as to what their future course of action will be.
http://www.thestatesman.net/page.news.php?clid=9&theme=&usrsess=1&id=252366
JSL seeks more time to buy back FCCBs
27 Apr 2009, 0319 hrs IST, MV Ramsurya, ET Bureau
MUMBAI: Steel major Jindal Stainless is planning to ask its overseas bondholders for rescheduling the outstanding amount on its foreign currency
convertible bonds (FCCBs) that is due in December, as it expects repayment of the bonds to be a challenge.
India’s largest stainless steel company, which has to repay about $24 million (about Rs 120 crore) by December this year to buy back the bonds that were raised in 2004, would look at extending the payment tenure as an option, and take a decision on the issue within a month, director Arvind Parakh told ET.
“The bonds are currently trading at a discount of about 50-55 cents to a dollar. We are considering the option of approaching lenders for an extension in the time by about two to three years, and are confident that our overseas lenders would agree,” Mr Parakh added.
According to FCCB guidelines, repayment of such bonds can be done only either through internal accruals or by raising an ECB (external commercial borrowing) for the sole purpose of repayment. Although the company has adequate cash reserves, but that has been earmarked for its future projects, said Mr Parakh.
Jindal Stainless or JSL as it is mentioned on BSE, is building a 1.6-million tonne steel plant in Orissa, estimated at Rs 5,700 crore. The company has already completed the financial closure for the project.
In 2004, when the steel industry was on an upswing, Jindal Stainless raised $60 million via FCCBs for capex plans in Orissa. The 5-year FCCBs have a 0.5% coupon and were to be converted into equity at Rs 119.80 per share, which was at about 30% premium to the then market price. On Friday, shares of JSL ended up 5% at Rs 54.80 on the BSE.
Most of such bonds have been trading at steep discounts internationally due to adverse equity markets. Although FCCBs can only be traded on the OTC market and it’s difficult to get a clear information about the last traded price, Jindal Stainless’ bonds are trading at about 50 to 55% discount.
This is in line with the FCCBs of other large Indian companies which are trading at about 60-70% discount prompting most of such companies to buy back.
Also, RBI has recently allowed companies to buy back such bonds before their maturity if the discount is at least 25%. JSW Steel, the flagship company of the Sajjan Jindal group and part of the same Jindal family, in March bought back about Rs 241 crore of FCCBs.
JSL is planning to raise up to Rs 500 crore for the equity component of its Rs 5,700-crore Orissa project. It is planning to raise money
through an international offering, either by way of issue of FCCBs/GDRs/ ADRs.
http://economictimes.indiatimes.com/Market-News/JSL-seeks-time-to-buy-back-FCCBs/articleshow/4452807.cms
Mining – International
Jindal Steel & Power to start gas production in Bolivia by June this year
Submitted by Rajvir Khanna on Sun, 04/26/2009 - 11:11.
India's Jindal Steel and Power, the third largest steel manufacturing company in India, expects to start producing gas in Bolivia in June this year, for export to Argentina.
A company official, who did not want to be recognized, informed that the gas supplies would come from a processing plant in the eastern province of Santa Cruz.
It should be noted that the company and its Bolivian partners began drilling at the El Palmar gas field at the end of March and have already invested around $7 million in the project.
The Indian steel major has been working since 2007 at El Mutun, which is believed to contain some 40 billion tonnes of iron ore, making it one of the world's largest deposits of the mineral.
However, extraction of iron ore at El Mutun has been delayed because at least half of the 6,000 hectares that the Bolivian government assigned to Jindal to develop the deposit constitutes privately owned property, which yet to be expropriated.
The company has pledged to invest $2.1 billion in El Mutun over the next 40 years as part of a joint-venture deal with the Bolivian government.
http://www.topnews.in/jindal-steel-power-start-gas-production-bolivia-june-year-2157374
12 CV municipalities opposed to mining
By PHOEBE JEN INDINO
April 27, 2009, 5:24pm
CEBU CITY – Twelve municipalities in Central Visayas have formalized their opposition to mining after passing resolutions prohibiting mineral extraction operations in their respective areas of jurisdiction.
However, Roger de Dios, regional director for the Mines and Geosciences Bureau of the Department of Environment and Natural Resources (DENR) in Region 7, described the opposition of the 12 municipalities as premature and beyond their authority.
He said the protesting local government units (LGU) should undergo proper procedures before stopping mining operators since mining is a national policy.
“We want to engage a healthy, positive discussion and deliberation of issues and concerns on mining with the LGUs, as we are also obliged to implement our mandate,” he said.
The LGUs that passed opposition against mining are the municipalities of Loon, Maribojoc, Duero, Guindulman, and Buenavista in the province of Bohol.
In Cebu, the municipalities of Consolacion and Medellin also passed a resolution against mining along with the municipalities of Enrique Villanueva, San Juan, and Larena in Siquijor.
De Dios said the LGUs are opposing mining activities in their areas due to environmental concerns and the lack of public consultation.
Earlier, the Minerals Development Council (MDC) of the DENR through Executive Director and DENR Senior Undersecretary Ramon JP Paje issued a memorandum to Regional Minerals Development Councils (RMDCs) clarifying the position of the MDC on LGU-imposed moratoriums on mining.
Paje said pursuant to Sections 8 and 9 of Republic Act No. 7942, the Philippine Mining Act of 1995, the DENR is the primary agency responsible for the conservation, management, development, and proper use of the State’s mineral resources.
“The enforcement of RA 7942 on large-scale mining is retained with the National Government and is not within the ordinance-making power of the Sangguniang Panlalawigan,” Paje said, adding that LGU ordinances and resolutions cannot undo legislations promulgated by Congress.
Meanwhile, President Gloria Macapagal Arroyo emphasized a new paradigm on mining based on three components: A shift from tolerance to promotion in mining policies; promotion of mining as an engine for economic growth and in the alleviation of poverty in the countryside; and strict adherence to the principles of sustainable development.
http://mb.com.ph/articles/203853/12-cv-municipalities-opposed-mining
Indonesia mining rules may deter investors-officials
Mon Apr 27, 2009 9:24am BST
JAKARTA, April 27 (Reuters) - Indonesia's rules on foreign divestment of mining projects must be revised to address issues such as finding buyers if Southeast Asia's biggest economy is to attract new investment in the sector, industry officials said.
The issue of divestment, whereby foreign investors are required to sell down their stakes in local units, has led to several disputes involving global players.
A local unit of Newmont Mining Corp (NEM.N) is currently involved in an arbitration case over share divestment. In 2003, Rio Tinto (RIO.AX) and BP (BP.L) were embroiled in a long legal battle over the sale of a stake in PT Kaltim Prima Coal (KPC).
A new mining law passed in December requires foreign investors to divest shares to either the government, state-owned enterprises, and/or a local private entity after the fifth year of commercial production.
The previous mining law, dating from 1967, did not include this requirement. However, some mining companies, including PT Newmont Nusa Tenggara (NNT), were required to divest some of their shares to the government and local investors according to the terms of their contract of works with the government.
"The main concern for investors is the divestiture process that KPC and Newmont experienced was bad, because the provision in the contract of works was not well drafted," said Bob Parsons, an independent mining consultant.
"The divestiture provision will discourage foreign investment because it's against international business practices," he added.
The new mining law promises more certainty for investors, but also includes some contentious issues, with contracts of work replaced by shorter-term mining permits.
Priyo Pribadi Soemarno, executive director of the Indonesian Mining Association, said the five-year divestiture period was too short.
"Mining is a long-term business and is financed through loans. They need time to reach break-even point, repay the loan before starting to sell their shares, and five years is not sufficient," Soemarno said.
"We are not against divestiture. But it should not make it difficult for foreign investors to do it."
The association warns that mining investment in Indonesia may drop below $1 billion this year, adding that there may be no fresh projects as metal prices fall and miners await details of the new mining bill including the divestiture provision.
The government is more upbeat, saying mining and geothermal investment could hit $2.24 billion, up from $1.6 billion in 2008.
GOING PUBLIC?
One of the main obstacles for a foreign investor is finding a buyer, as shown by Newmont's experience with its unit, NNT, which operates the Batu Hijau copper and gold mine in Sumbawa.
Under its contract of work, Newmont must sell 51 percent of its shares in the unit to local investors, with the finance ministry having first right of refusal on all the share sales.
The Indonesian authorities said Newmont had not sold its shares quickly enough, even though the finance ministry did not take up the offer to buy the shares because of limited funds and other spending priorities, leading to a dispute.
An arbitration court ruled earlier this month that Newmont must sell a 17 percent stake to the government within 180 days. [ID:nJAK503192]
"It is easy for the law to mandate companies to sell their shares but when there is no buyer, what should they do?" said Parsons. "The regulations should anticipate various scenarios."
One solution, analysts suggest, is to allow foreign investors to list shares in the local venture on the stock exchange.
That strategy was used by PT International Nickel Indonesia Tbk (INCO.JK) -- in which Brazil's Vale Inco Ltd (VALE5.SA) has a 60.8 percent stake -- when it sold a 20 percent stake in an initial public offering in 1990.
The government is now drafting the implementing regulations for the new law, including regulations on divestiture.
"We are discussing various options, including whether to release miners from the obligation to divest their shares if they cannot find buyers within a certain period," said an energy and mines ministry official, who asked not to be identified by name. (Editing by Sara Webb)
http://uk.reuters.com/article/rbssIndustryMaterialsUtilitiesNews/idUKJAK50340220090427
Officials watch mining operation
Published: Monday, April 27, 2009
By Jeffrey L. Frischkorn
JFrischkorn@News-Herald.com
State and local officials are working together to sort out responsibilities for a small sand-gravel mining operation in Painesville Township.
This site is owned by a unit of Allega Co. and is located near the junction of Routes 84 and 86, east of the former George's Dinner Bell restaurant.
Of concern is whether the work will cause loose material to tumble down a steep embankment into Kellogg Creek, which is a tributary of Big Creek near the confluence of the Grand River.
The portion of this creek nearest the operation is owned by Lake Metroparks, which hopes to develop a pedestrian corridor between the agency's nearby Greenways Corridor and Helen Hazen Wyman Park.
Officials with the Ohio Department of Natural Resources' Division of Mineral Resources, the Ohio Environmental Protection Agency, the Lake County Soil and Water Conservation District, Lake Metroparks and Painesville Township met earlier this month with company officials to discuss issues and who is responsible for what.
Among the matters discussed at the meeting, officials said, was what additional documents may be needed beyond an already state-issued mining permit.
That permit affects a 3.3-acre portion of the private property.
Other concerns include ensuring that the creek's watershed is protected.
Mineral Resources Division official Tom Hill said the company will at least follow its current plan for the site but that the state may also require a stormwater permit, among other possibilities.
"Everybody agreed to work together to correct any outstanding issues," Hill said.
Hill also said his and other agencies are "sensitive to the neighbors' and Lake Metroparks' " concerns as they relate to Kellogg Creek.
The Ohio EPA's efforts will include discussions with the U.S. Army Corps of Engineers as to whether that federal agency may play a role in the process as they relate to any potential wetlands issue, added Mike Settles, Ohio EPA spokesman.
"We also want to see if we need to issue what's called an 'after- the-fact' permit and whether or not either a general or individual groundwater permit is needed," Settles said.
If the company meets all requirements demanded of it by the state then Lake Metroparks "will be satisfied," said Eric Stechschulte, Lake Metroparks' landscape architect.
"Mainly we are concerned with protecting the creek's water quality," Stechschulte said.
The Lake County Soil and Water Conservation District sees its role as helping to facilitate and assist other agencies, district resource protection specialist Matt Scharver said.
"We want to see where we fit into the equation," Scharver said.
A company spokesman could not be located for comment.
http://www.news-herald.com/articles/2009/04/26/news/nh793536.txt
DENR ensures compliance of mining rules, regulations
Cagayan de Oro City (27 April) -- Five workers of an illegal small scale mining company died of an accident in the mining area in Opol town, Misamis Oriental province recently.
In a report to Environment and Natural Resources Secretary Jose "Lito" Atienza, Jr., local Department of Environment and Natural Resources (DENR) officials said the illegal small scale mining operator, Manalo Mining Corp. was issued a Cease and Desist (CDO) on March 24 by DENR-Mines and Geosciences Bureau (MGB).
With elements from the Philippine National Police of Opol town, Misamis Oriental and representatives from some agencies in the region, the DENR padlocked the tunnel and its Carbon-in-Pulp (CIP) plant for operating without a permit.
The government is working on the revitalization of the mining industry which was initiated by President Gloria Macapagal Arroyo in 2004 and the DENR under the leadership of Secretary Atienza continues to ensure that mining rules and regulations are followed by mining operators.
It was gathered that the five mining workers, which were rescued on March 31 by the Quick Reaction Team composed of mining engineers and geologists of MGB-DENR-10 assisted by PNP personnel of Opol Station, Environment and Natural Resources Office (ENRO) - Misamis Oriental, went inside the tunnel in sitio Tagcolot, Nangkaon, Opol, Misamis Oriental allegedly to recover a submersible pump.
Reports reaching the DENR indicated that signs of gas poisoning were apparent on the recovered bodies of the mining workers.
Spot report from the field office of DENR further said that fatalities included the mine manager, Mr. Roy Barun and his son, Rodny Baraguer, Dodong Abon, Bryan Quijada and Alex Macarimban, Jr.
It can be recalled that the DENR has intensified its campaign against illegal mining operators in Northern Mindanao following the flashfloods that hit the region in January.
Series of operations against illegal mining operations in Cagayan de Oro City, Misamis Oriental and other areas in the region were undertaken by DENR with elements from the National Bureau of Investigation (NBI), the Philippine Army (PA), the PNP along with other government agencies and local government units.
http://www.pia.gov.ph/?m=12&r=&y=&mo=&fi=p090427.htm&no=36
Steelmakers Anxious Over Chinese Iron Ore
27 April 2009By Courtney Weaver / The Moscow TimesRussian steelmakers are nervously looking east, waiting to see what effect a series of deals hammered out in China will have on their own fortunes.
Traditionally, on April 1, the start of China's fiscal year, Russia's steel producers hold negotiations with iron ore miners to work out the terms of their annual contracts.
Chinese iron ore producers are reluctant to agree to contracts that by UralSib's estimates will likely represent a 30 percent to 40 percent price cut from last year because of low steel prices worldwide. And the longer they wait to accept it, the greater advantage low-cost steel exporters such as Russia have.
Usually, an agreement is reached in April; last year it was reached in June. This year, it could drag on even longer.
Since 2008, Russia has grown from the fifth-largest steel exporter to the largest thanks to the ruble's devaluation and a troika of competitive advantages: raw materials, inexpensive labor and low energy costs. Severstal, the country's biggest steelmaker, announced Friday that it would be exporting half of its output this year because of rising demand in Southeast Asia.
The Russian steel industry as a whole is seeing roughly 70 percent of its flat steel and 30 percent of its long steel sent abroad, Renaissance Capital metals analyst Rob Edwards said.
But the industry, which is capitalizing on the higher prices that it can manage on Asian markets, will see the heyday come to an end when China's iron ore agreements are finalized. With a lower production cost, local steel is likely to sweep out most competitors.
"When the iron ore price falls, the relative cost position of the Russians may weaken," said Michael Kavanagh, a senior metals analyst at UralSib. "In other words, the cost curve might flatten."
The increased volume on the market will also help drive out foreign competition.
"Once costs come down in Asia, the domestic Asian producers are going to ship more, and that's going to displace some of the Russian tonnages that are being shipped there," Edwards said. "That tonnage has to find a home somewhere else, hopefully by which time domestic demand will have recovered."
That somewhere else will have to be the domestic market, where summer usually represents a peak in demand. So far, apparent demand for steel here is down approximately 30 percent year on year, while real demand has probably fallen 25 percent, Edwards said.
Russian steel production bottomed out in December, when the country produced 3.3 million tons over the month. But output has been rising steadily since, with production reaching 4.6 million tons in March. China, the world's top producer, posted a rise of 1.4 percent in the first quarter for 45 million tons in March.
A small market rally and revving output helped steel stocks recover their losses after a miserable Monday, though analysts were of different minds concerning what lies ahead for the sector.
Bucking the trend was Magnitogorsk Iron & Steel Works, or MMK, whose Global Depositary Receipts gained 6 percent over the week in London after Bank of America bumped it up to "buy," citing increased domestic demand. The GDRs had fallen 6.3 percent last Monday.
Others were not so lucky, with a round of bad marks from banks weighing on sentiment. ING cut Severstal and Evraz to "sell" on lower steel price forecasts. Severstal also got a downgrade from Credit Suisse, which lowered both it and Novolipetsk Steel, or NLMK, to "underperform," also citing weaker prices.
Severstal's London-traded shares fell 9.9 percent Monday and limped back to close the week down 4.3 percent. NLMK shed 6.7 percent on the week's first day and closed on Friday down 5.5 percent for the period. Evraz recovered from a 5.6 opener in London to end the week down 0.5 percent.
Coal and steel maker Mechel had the biggest first-day drop, sinking 14.8 percent in New York, though it managed to finish the week behind just 1.4 percent after saying Wednesday that it would buy the coking-coal assets of Bluestone Coal for at least $1.4 billion.
The ruble-denominated MICEX Index finished the week down 1 percent, and the dollar-denominated RTS Index fell 0.4 percent.
http://www.moscowtimes.ru/article/600/42/376610.htm
Mining minister wants organisation in mineral exploration
Caxito – The minister of Geology and Mining, Makenda Ambroise, defended in Caxito city, northern Bengo province, better organisation and discipline by firms authorised to explore minerals in this region.
Speaking to the press on Friday at the end of his assessment visit under the programme of April 25, Angolan Miner’s Day, the official stressed the need for companies to delimit mineral exploration areas for a better statistical control
He stressed that Bengo is considered as a mining province, a reason why the region was chosen to learn about the productivity of local undertakings linked to the sector
Makenda Ambroise said he instructed mineral exploration firms to improve the statistics of production and establish dialogue between companies, in order to contribute to the efforts of the government foreseeing the country’s economic and social development.
The official, who recognised that there is still work to be done regarding the environment, stressed that firms can restructure, in an organised manner, the statistics of production so as to facilitate the statistical prediction of mineral exploration and establish criteria of construction material assistance
Concerning the social benefits in exploration areas, the minister of Geology and Mining urged firms to pay greater attention to communities, thereby contributing to the improvement of the population’s living standards.
He observed that Bengo province has enough raw materials to implement an industrialisation programme for the construction area and other public Works sectors.
In Caxito, the minister met with the provincial governor, Jorge Dombolo, directors of companies authorised to explore minerals in Bengo, and visited various firms in the region.
http://www.portalangop.co.ao/motix/en_us/noticias/economia/Mining-minister-wants-organisation-mineral-exploration,330ce21f-c160-46c4-94bc-fdcd3b01d6d0.html
Bauxite mining in Central Highlands gets Politburo go-ahead
Developing the bauxite mining industry is Party and Government policy, which will help develop the country’s economy and create an impetus for socio-economic development in the Central Highlands, said the Politburo on April 24.
Chinese workers a bauxite site in Tan Rai, Lam Dong province (Photo: SGTT)
In a statement released by the Politburo, it gives conclusions on the planning for bauxite exploration, exploitation, processing and use between 2007 and 2015.
In implementing the Party’s resolutions related to this field, the Government has approved two projects to exploit bauxite and produce alumina in Tan Rai, Lam Dong Province, and in Nhan Co, Dak Nong Province.
The Government assigned Vietnam Coal and Mineral Group to invest in the mines. It asked the group to seek qualified foreign partners in developing the sites.
The projects must be developed in ways that ensure both economic and social benefits, with due attention to the efficiency of natural resource use, demand of domestic and international markets, and products’ competitiveness.
The projects’ potential impacts on the environment must be calculated and assessed carefully and sufficiently, and the developers of the projects must strictly comply with regulations on environmental protection, the Politburo said.
It also directed the mining group to use advanced technologies and equipment.
In addition, developers must help maintain living conditions and the cultural identities of ethnic communities in places where the projects are developed. At the same time, important factors such as security and defense should be afforded attention, said the Politburo.
It emphasized that the bauxite, alumina and aluminum industries must be developed efficiently, both short-term and long-term, to ensure sustainable benefits for the country.
These projects should mainly use domestic labor force and only employ foreigners when necessary.
Important issues related to the two projects will be reported to the Party’s Central Executive Committee in its meeting in mid-2009.
http://www.saigon-gpdaily.com.vn/National/2009/4/70349/
Controversial Vietnam mine project to proceed
3 hours ago
HANOI (AFP) — Vietnam's most powerful ruling body has endorsed a controversial bauxite mining project but said it must be carried out with respect for the environment and local residents, state media said Monday.
The Politburo, comprised of top government and Communist party officials, said a decision to tap the country's abundant bauxite reserves was "correct", the Vietnam News reported.
In 2007 the government approved a plan for two major mining operations to be run by state-owned Vietnam National Coal and Mineral Industries Group (Vinacomin) in the country's Central Highlands.
In a one-party state where public protest is rare, the move triggered a public outcry from scientists, intellectuals and former soldiers whose opposition combined with denunciations from fierce critics of the regime.
They said the environmental and social damage from the mines would far outweigh any economic benefit, and pointed to security concerns because a Chinese company has been granted a contract to build one of the projects.
The most prominent opponent of the mining is General Vo Nguyen Giap, 97, who led Vietnam's defeat of French colonial forces.
Vietnam News said the Politburo "appreciated the opinions and contributions" made by scientists and former senior leaders.
"The bauxite industry therefore must consider any socio-economic effects and preserve the ecological environment while protecting national security and defence," it said.
Authorities should consider the environmental impact, "otherwise it would cause severe damage which would require much work and expense to correct", the Politburo said.
Experts estimate thousands of Chinese will arrive for the bauxite projects and say several hundred are already in Lam Dong province, where the ground is being cleared for one mine.
The Politburo said foreign expertise "will be endorsed when necessary" although most workers will be Vietnamese, Vietnam News reported.
Critics have warned the mines will threaten the lifestyle of indigenous people in the area but the Politburo said "adequate attention" must be paid to improving the native residents' living conditions and preserving their cultural identity.
http://www.google.com/hostednews/afp/article/ALeqM5jWIZTZCmurUQWL1ntdBMCj36-GQw
Other News – India
NREGA implementation Onus on Govt, NGOs, says CJI
Staff Reporter
GUWAHATI, April 26 – Chief Justice of India Justice KG Balakrishnan today said that onus is on the Government, administration, volunteers and the non-government organisations (NGOs) to effectively implement the National Rural Employment Guarantee Act (NREGA), 2005 in the North-east, which would go a long way in improving the condition of the rural population in the region. “If these forces work sincerely to ensure proper implementation of the Act, it would give a new boost to the rural employment scenario of the region,” he stated.
Justice Balakrishnan also stated that proper implementation of NREGA in States like Andhra Pradesh, Karnataka and Kerala are showing good results and there is no reason why the same cannot be replicated in other parts of the country, including the NE.
Balakrishnan was speaking during the inaugural session of a workshop on ‘Reporting of Court Proceeding by Media and Administration of Justice’ and an interactive programme on ‘Implementation of National Rural Employment Guarantee Scheme’ here at the Administrative Staff College, Khanapara.
“There are still some minor problems cropping up like delayed payment of wages which need to be sorted out but the good thing is that the women population of the country are availing the benefits of the scheme, which strives to ensure employed to rural unemployment youths for at least 100 days,” he pointed out.
Dwelling on the issue of media reporting on court proceedings, the senior justice urged the mediapersons to be responsible, fair and accurate while reporting on legal affairs.
“The mediapersons do enjoy special rights but they at the same time need to draw a line while dealing with sub judice and confidential matters,” he stressed, adding that the media, especially the visual media, by resorting to ‘sensationalisation’, at times knowingly and unknowingly, deprives the accused of a fair trial.
“There are also chances of the judges, especially those with comparatively lesser experience, getting influenced by the media reports, which would not be right. Media should work with the judiciary to protect rights of both the victim and the accused,” the Chief Justice of India opined.
“The Press Council of India also has a role to play in this regard and the media in the present scenario must work to empower the rural people,” he added.
The seminars were also attended by Chief Justice of Gauhati High Court Justice J Chelameswar, Justice GN Ray, chairman, Press Council of India, Justice Ranjan Gogoi, judge, Gauhati High Court, besides several noted personalities.
http://www.assamtribune.com/scripts/details.asp?id=apr2709/at07
Food, fuel and climate threaten Asia
Updated April 27, 2009 11:32:19
• The United Nations Economic and Social Commission for Asia and the Pacific - ESCAP - is holding its annual commission hearings.
HEYZER: Basically we'll be looking at the development threats to the Asia- Pacific region and these are the convergence of what I call the triple threats - the financial crisis, the food fuel volatility and the climate change agenda.
And the whole discussion is really how do we manage these threats so that they become opportunities, to shape economies of the future and also how do we deal with some of the short term threats like the financial crisis but also in terms of a longer term ad medium term threats like the food security issues and in the context of sustainable agriculture and climate change.
CORBEN: During the session itself what will be the particular goals that you are aiming for?
HEYZER: You know the commission sessions provide member states with a platform. ESCAP at the end of the day is a regional arm of the United Nations and the aim of ESCAP is to provide or promote cooperation among its member states to bring about inclusive and sustainable development. And in this particular case what we do - because member states have chosen a theme and this is on food security and sustainable agriculture.
In the Asia Pacific region, there are 25 countries where we still have food insecure people. There are about 600 million people who are food insecure and how do we handle these. At the same time we cannot handle the issue of food security and hunger in a way that we have done before. We need to invest in in sustainable agriculture because of the ecological concerns that we have -but also because Asia Pacific unfortunately in many areas have not invested in the productivity of agriculture for a very long time.
The other part is what is the immediate and this is of course the financial crisis - and how Asia-Pacific is responding to that crisis.
CORBEN: What do you think the member states will be looking to ESCAP to be able to help them in that crisis?
HEYZER: If we look at just the financial crisis, currently what we have is an Asia - Pacific region that is more integrated with the rest of the world than with itself and therefore what we would be discussing is how do we integrate better as a region and develop a much stronger regional economy. And therefore ESCAP has been working extremely hard in terms of cross border trade and in terms of norms and standards - that allow us to make that happen - especially in terms of non trade barriers. How do we use the stimulus packages to invest in economies of the future - for example green growth strategies that ESCAP has been pushing. So it's about deepening regional integration - it's about even adjusting some of the currency exchange arrangements so that we do not lose out in terms of the deflation of our asset base.
CORBEN: For the year ahead - somewhat stepping back from the Commission itself -but for the year ahead what do you see as the key challenges for the Asia-Pacific region?
HEYZER: You know this is a time to turn challenges into opportunities. Asia -Pacific has suffered from disparities - economic, social, and ecological. It also houses our economic power houses and this is a time to close the development gaps. And therefore we will be working with countries to ensure that the stimulus packages will in fact address the needs of some of the countries -especially the least developed countries - that we can address the many poverty concerns so that the Millennium Goals are not forgotten.
CORBEN: Given the financial crisis at the moment - and given the Millennium Development goals - how concerned are that those goals will be falling short because of the crisis.
HEYZER: The financial crisis has unfortunately pushed a lot of people into poverty again. In our region 24 million people will be losing their jobs and this is a crisis not just of Wall Street and Main Street but also of the side streets and backstreets. Unfortunately these are the people and the countries who have not been responsible for the generation of this crisis. And yet its effects are very heavily on them and it is important that despite the crisis that we do not forget the development agenda of inclusiveness, of sustainability.
http://www.radioaustralia.net.au/connectasia/stories/200904/s2553383.htm
CO2:Bad For People, Great For Trees
By Lenny Stoute.
New findings indicate we may be only able to go so far in cleaning up CO2 emissions. Since our urban trees love the stuff, taking it all away is just not an option. Here's to a happy medium.
Check Planet Earth once again demonstrating her genius at making lemonade out of mankind's lemons. Recent finding on the micro-managed subject of CO2 emissions indicate plants absorbed carbon dioxide more efficiently under polluted skies than they would have done in a cleaner atmosphere.
The results of the study have important implications for efforts to combat future climate change which are likely to take place alongside attempts to lower air pollution levels. And may be read by some as justification for breaking out the Hummers again.
The research team included scientists from the Center for Ecology & Hydrology, the Met Office Hadley Centre, ETH Zurich and the University of Exeter, said the effects of atmospheric pollution appears to have pumped up global plant productivity by as much as a quarter from 1960 to 1999. This resulted in a net 10 percent increase in the amount of carbon stored by the land once other effects were taken into account
Reductions in sunlight reduce photosynthesis, but clouds and atmospheric particles scatter sunlight, meaning plants are then able to convert more of the available sunlight into growth because fewer leaves are in the shade.
This is exactly the opposite to the common perception that well-watered plants grow best on a bright sunny day. Plants often thrive in hazy conditions whether brought about by atmospheric pollution or not. It's just that increased pollution leads to more hazy days.
The research team also considered the implications of these findings for efforts to avoid dangerous climate change. This new finding only underline how tricky pulling that off will be. As we clean up the air in the lower atmosphere, the challenge of avoiding dangerous climate change through reductions in CO2 emissions will be even harder,
Th statement noted that different climate changing pollutants have very different direct effects on plants, and this will need to be taken into account in future decisions about dealing with climate change/
The researchers didn't come right out and say it but this kind of thing is music to the naysayers ears, the folks who have vested interests in coal and oil. Any sense that this CO2 thing mightn't be so bad after all is bound to be blown out of perspective.
http://www.digitaljournal.com/article/271540
ADB’s public communications policy
On May 4-5 2009, finance and economic planning ministers gather in Bali for the 42nd annual meeting of the Board of Governors of the Asian Development Bank (ADB). Aside from tackling the impact of the global financial crisis on Asia, the ADB will forward its Strategy 2020, its new long-term strategic framework for 2008-2020.
The ADB foresees that as the Asia and Pacific region moves to a higher level of economic development by 2020, it may become increasingly difficult to reach those who remain excluded from the economic growth’s benefits. Thus, one of its strategic agenda is "inclusive growth."
To be credible with its inclusiveness thrust, the ADB would do well to improve inclusiveness in its own backyard. One way to do this is to recognize the right of people to have access to information that it holds. This is a just and reasonable proposition, considering that the ADB, by virtue of its membership, resources, influence, functions, and operations, exercises tremendous powers that partake of a governmental nature. The exercise of these powers affects the lives of millions of men and women.
The right of people to information held by ADB also finds support in law. It is not contested that the ADB, like similar international financial institutions, has international personality. As a subject of international law, it not only possesses rights; it is also bound by obligations incumbent upon it under general rules of international law. Among such obligations are human rights norms that can be considered as having attained the level of customary law or general principles of law. The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948, and the International Covenant on Civil and Political Rights (ICCPR), adopted by the UN General Assembly in 1966, are considered by many to be a codification or evidence of international custom or general principles of law binding even upon non-state parties such as the ADB.
Article 19 of the UDHR states:"Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." The same is also embodied in Article 19 (2) of the ICCPR.
In his fifth report as UN Commission on Human Rights Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Abid Hussain (India) stated that "the right to seek and receive information is not simply a converse of the right to freedom of opinion and expression but a freedom on its own." While the report addresses mainly the right to information as it relates to nation states, this should apply with equal force to international organizations such as the ADB.
To the credit of ADB, it has a Public Communications Policy (PCP) that provides access to information about ADB operations. But is the PCP a good policy from the perspective of the right to information?
One way we can answer this question is to evaluate it against the Transparency Charter for International Financial Institutions developed by the Global Transparency Initiative. This charter enumerates standards, drawn from best practices adopted by democratic states, to which GTI believes the access to information policies of international financial institutions such as the ADB must conform to:
1. The right to access information is a fundamental human right that applies to information held by international financial institutions.
2. International financial institutions should automatically disclose and broadly disseminate, for free, a wide range of information about their structures, finances, policies and procedures, decision-making processes, and country and project work.
3. International financial institutions should disseminate information that facilitates informed participation in decision-making; they should also establish a presumption of public access to key meetings.
4. Everyone has the right to request and to receive information from international financial institutions, subject only to limited exceptions, and the procedures for access should be simple, quick and free or low-cost.
5. The regime of exceptions should be based on the principle that access to information may be refused only where the international financial institution can demonstrate (i) that disclosure would cause serious harm to one of a set of clearly and narrowly defined, and broadly accepted, interests, which are specifically listed; and (ii) that the harm to this interest outweighs the public interest in disclosure.
6. Anyone who believes that an international financial institution has failed to respect its access to information policy has the right to have the matter reviewed by an independent and authoritative body.
7. Whistle-blowers — individuals who in good faith disclose information revealing a concern about wrongdoing, corruption or other malpractices — should expressly be protected from any sanction, reprisal, or professional or personal detriment.
8. International financial institutions should devote adequate resources for the effective implementation of their access to information policies, and for building a culture of openness.
9. Access to information policies should be subject to regular review.
A simple textual analysis of the PCP against the GTI charter already reveals numerous limitations. For one, it falls short of expressly recognizing the applicability to it of the right to information. PCP adheres only to a policy-based approach where adherence to any known rights-based standards remains discretionary.
For another, while many documents are identified to be publicly available, "publicly available" means available through the ADB Web site. In poor communities, access to Internet facility remains a luxury, thereby limiting the extent of the information dissemination. Also, instead of a limited regime of exceptions, the PCP provides a long list of exceptions. Not all exceptions identify the serious harm to a clearly and narrowly defined, and broadly accepted, interest that is sought to be avoided by non- disclosure.
On the important aspect of access by affected people, the ADB passes much of the responsibility for disclosing information to the borrowing government or private sector sponsors. The result is a responsibility far incommensurate to its deep level of involvement in project conceptualization, approval, and implementation.
Finally, there is no provision for whistle-blower protection in the PCP. And there is no independent appeals mechanism.
One of the provisions of the PCP calls for a comprehensive review after a period not exceeding five years from the effective date of the PCP. The PCP, having become effective on Sept. 5, 2005, will soon be in its fifth year. How ADB will review and reform its PCP will be a test of how serious ADB is about inclusiveness.
Mr. Malalauan, a lawyer with an academic background in economics, is a trustee of Action for Economic Reforms. He is co-convenor of the Access to Information Network (ATIN- Philippines), which he represents in the Executive Committee of the Global Transparency Initiative.
http://www.bworldonline.com/BW042709/content.php?id=143
Changing climate policies
Climate change will hit India hard in coming decades. The government needs a plan to meet the challenge
Navroz K Dubash
One of the problems that the new government will find itself confronting—a problem that is rapidly moving up the global geopolitical agenda—is the issue of climate change. This issue is extremely pertinent to India for a number of reasons. First, climate change is likely to hit India hard in the coming decades. Predicted impacts include water scarcity, decreased crop yields, increased risk of disease, and flooding of coastal areas. These problems will be most detrimental to India’s poorest citizens.
Illustration: Jayachandran / Mint
Secondly, the short-term global efforts to negotiate reduced emissions of greenhouse gases could have a substantial impact on the Indian economy. Most argue that global negotiations pose a threat as industrialized countries may try to force India to take on emission reduction obligations. Others see opportunity mixed with threat: Global climate change offers an opportunity that Indian businesses must be quick to embrace. Either way, between the impacts of climate change and efforts to reduce emissions, climate change will not leave India untouched.
The next few years will be critical in shaping the global regime. In December, nations will meet in Copenhagen to decide on an updated version of an international global climate regime. Copenhagen will only be a staging point, however, as it will take another two-three years to work out the details. The current government has laid some important policy planks on which the next government can—and should—build. But at the same time, it increasingly appears that the Indian approach is inadequate to the scale of the challenge. Consequently, the next government’s stance on climate change is particularly significant.
India’s strategy must explore more proactively an agreement that is both effective and equitable
At the domestic level, the 2008 National Action Plan on Climate Change calls for promoting development actions that also yield climate “co-benefits”. This is an important concept as it will help ensure that development efforts are placed at the centre of climate actions. Some concrete measures are also promising and worthy initiatives, such as a proposed “solar mission” and concrete energy efficiency measures.
At the same time, the plan and its follow-up measures fall well short of a promised “qualitative change in direction” towards ecological sustainability. Instead, much of the plan is a repackaging of existing policies under a climate banner. For example, existing schemes on agriculture and forests are packaged as climate adaptation measures, with no complementary effort to scrutinize and rethink existing schemes that may add to climate vulnerability.
Climate change is too far-reaching and serious for such a marketing approach to adaptation or a band-aid approach to mitigation. While the current government got the approach and concept generally right—a visioning exercise organized around development and climate co-benefits—the implementation leaves much to be desired.
http://www.livemint.com/2009/04/26203255/Changing-climate-policies.html?h=B
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