Lessons from a case of handling petitions

(Baonghean) - Through a citizen's petition reflecting the illegal mining situation occurring in Quy Hop district, in September 2016, the Provincial People's Committee directed the Department of Natural Resources and Environment to establish an interdisciplinary inspection and verification team. Through inspection, the reflection was found to be true.

Check, issue violations

Information about illegal mining in Quy Hop district was sent to the Provincial People's Committee through anonymous petitions. Although the petitions were anonymous, they specifically listed 10 locations where illegal mining occurred in Quy Hop, so the Provincial People's Committee directed the Department of Natural Resources and Environment to establish an interdisciplinary team to inspect and handle the situation.

From September 20 to 22, 2016, through inspection of the locations mentioned in the petition, the interdisciplinary team discovered 3 locations including Ken village area and Thung Khang area (Chau Loc commune); the red soil slope area of ​​Na village (Lien Hop commune) with signs of illegal mining activities. The remaining 7 locations (areas where mineral mining activities had been conducted in the past), at the time of the inspection, did not show signs of illegal mining.

Illegal mineral exploitation sites discovered by the interdisciplinary inspection team in Chau Loc commune (Quy Hop).

According to the documents we have, on September 21, the inspection team inspected the red rock slope area of ​​​​Nah village, there were signs of illegal mining of construction stone; showing that the mining activities were mainly sawing and cutting stone with diamond wire. At the scene, the team discovered equipment for mining construction stone. The signs and objects discovered showed that the illegal mining activities had just stopped before the team arrived.

In addition, the inspection of the area adjacent to the illegal mining site also found a level 4 house and necessary items and means for workers' living and accommodation, and one person was staying there. The delegation made a record; requested the People's Committee of Lien Hop commune to transport all evidence to the headquarters to seal and manage the evidence; strictly implement the management and supervision of the area where illegal mining activities occurred...

The inspection at Chau Loc commune was carried out on September 22. It was noted that in the Ken village area, mining had been going on for a long time and on an industrial scale. Because there was a solidly built transport road connecting to the inter-commune road to the mining site; under the houses of the people, there were 3 excavators being gathered; there were two mining locations with 2 different heights. At the mining site, there were also 4 air compressors, hundreds of meters of wire, galvanized iron pipes for water supply, other tools and means for mining activities; there were 2 camps and living and accommodation facilities for the workers.

At 2:00 p.m. on September 22, the inspection team in Thung Khang area discovered 2 locations of illegal mining activities. Also in Chau Loc commune, continuing to inspect Thung Ken Ken (in addition to the location of the complaint), the team also discovered illegal construction stone mining activities.

As in Lien Hop commune, in Chau Loc commune, right in the areas where illegal mining occurred, the interdisciplinary team made a record; requested the commune authorities to temporarily detain and transport the exhibits to the headquarters to seal and manage them for handling according to the provisions of law, and strictly manage the scene, not to let illegal mining recur...

Two commune chairmen received disciplinary action

With the inspection results of the interdisciplinary team, on October 1, 2016, the Provincial People's Committee issued Official Dispatch No. 7653 on handling the inspection results of illegal mineral exploitation activities in Quy Hop district. In Official Dispatch No. 7653, the Provincial People's Committee assigned the Department of Agriculture and Rural Development and Quy Hop district to direct their subordinate units to strengthen the management and protection of forests and forestry land, not allowing organizations and individuals to take advantage of the allocation of forests and forestry land to illegally exploit minerals; assigned Quy Hop district to strictly handle organizations and individuals who illegally exploit minerals (if there is a criminal violation, the case will be transferred to the investigation agency for handling according to the provisions of law)...

In addition, direct Quy Hop district to organize a review, clarify responsibilities and take disciplinary action against relevant civil servants of Lien Hop and Chau Loc communes.

According to the investigation, the reason why the Provincial People's Committee directed the review and clarification of the responsibilities of the relevant officials of Chau Loc and Lien Hop communes was because a while before the interdisciplinary team carried out the task, the Provincial People's Committee had directed Quy Hop district to organize an inspection to clarify the content of the petition. Although Quy Hop district had established an interdisciplinary team to coordinate with local authorities to conduct the inspection, no violations were discovered!

It is known that after receiving Official Dispatch No. 7653, Quy Hop district has reviewed the relevant officials of Chau Loc and Lien Hop communes. And then, disciplined the two Chairmen of the People's Committees of Chau Loc and Lien Hop communes. Chairman of Lien Hop commune, Mr. Lo Thanh Dong, was disciplined with a reprimand; and Chairman of Chau Loc commune, Mr. Nguyen Duy Hung, was disciplined with a warning to learn from experience!

Handling of polluted environment from mineral exploitation activities in Quy Hop district

Within the scope of this article, we have not yet evaluated the disciplinary measures taken by the People's Committee of Quy Hop district against the two Chairmen of the People's Committees of the above-mentioned communes. According to Point 2, Article 81 (State management responsibilities of People's Committees at all levels on minerals) of the Law on Minerals, it is clearly stated that the People's Committees at district and commune levels, in addition to disseminating, popularizing and educating about the law on minerals, must implement measures to protect the environment, unexploited minerals and other natural resources according to the provisions of law; ensure security, social order and safety in areas with minerals; at the same time, inspect, check and handle violations of the law on minerals according to their authority.

According to the law, the roles and responsibilities of district and commune authorities in mineral management are very clear. Having roles and responsibilities but not fulfilling their responsibilities and tasks; and when citizens' complaints are not handled properly, the Provincial People's Committee's direction to Quy Hop district to review and discipline relevant officials of Lien Hop and Chau Loc communes is correct and necessary.

Over the past years, although mineral management has been promoted, in reality there are still shortcomings and limitations such as environmental pollution, illegal mining, etc. One of the main reasons that needs to be affirmed is that the district and commune authorities have not fulfilled their roles and responsibilities; even, it is not excluded that some localities and establishments have loosened their management work, assisting organizations and individuals in illegal mineral exploitation. Therefore, the inspection, verification and clarification of the petition directed by the Provincial People's Committee in the two communes of Chau Loc and Lien Hop is truly a lesson for local authorities to re-evaluate their management role./.

Ha Giang