Joint Statement By 61 NGOs: Protect Malaysia and Stop Lynas from Polluting Our Environment [Updated Editor's Note on 15 Apr 2019]

Joint Statement by 61 NGOs:

Protect Malaysia and Stop Lynas from Polluting Our Environment

10th April 2019

[Editor's Note]: We disagree with the position in the statement about Mahathir. We did suggest the initiating groups to remove "Tun, we supported your leadership because we trust that you will act in Malaysia's interest and that you will uphold your words to undo past mistakes" from the statement.

Although our request was rejected by the initiating groups, in order to join hand with other NGOs in opposing the Lynas factory which operates against the regulations, and scourges the people, we endorsed this statement on the basis of “seeking common ground while reserving differences”. Our position towards Mahathir and the Parti Pribumi Bersatu Malaysia led by him was clearly spelled out in our statement entitled “Unite with the Masses and Persist in True Democratic Reform! Abandon Illusion and Stop the Restoration of “Mahathirism”! —— Views on the political situation in Malaysia after GE14”. We reiterate that: No matter what, our position on this does not change!

Below is the full text of the statement:

We, the undersigned NGOs and concerned individuals call on the Prime Minister Tun Dr Mahathir Mohamad and his Cabinet, especially the Minister for Environment, Science, Technology and Climate Change (MESTECC) Yeo Bee Yin to:

• SUSPEND Lynas’ operating licence to STOP Lynas polluting our precious environment
• REJECT Lynas’ application to turn its current waste storage site into a prescribed premise for its massive amount of scheduled waste
• ENSURE that Lynas and/or its new owner take active steps to remove its toxic radioactive waste from Malaysia by the September deadline and thoroughly clean up its contaminated groundwater and soil
• NEVER ever to allow any of Lynas’ toxic waste to remain in Malaysia to risk contaminating our environment
• ENSURE that the promised US$50 million deposit from Lynas is paid in full in cash and not in Lynas’ shares
• HOLD the Atomic Energy Licensing Board (AELB) and Department of Environment (DoE) to task to ensure that they perform their mandated roles and duty with a high degree of professionalism and integrity in the interest of Malaysia and the Rakyat. Statement Endorsed by:

Sustainable Investments Stem from Good Governance and Effective Administration

We recognize and acknowledge that Malaysia needs foreign investment. It is therefore even more pertinent that we present our beloved country as a conducive place to responsible corporations/companies to do business and operate in, based on good governance, high level of professionalism in our dealings and integrity in the way we conduct businesses. Malaysia will be an attractive investment destination if our Government uphold the law and restore order to create a fair and equal playing field for all. The PH Government has the power to make this happen.

MESTECC’s decision requiring Lynas to remove its toxic radioactive waste is merely to hold Lynas accountable to its own undertakings made in 2012 to the then BN Government. By continuing to tolerate Lynas’ massive piles of wastes, we are sending the wrong signal that Malaysia is a third world nation desperate for toxic trade and polluting industries. In so doing, Malaysia has essentially undermined and disadvantaged many other responsible businesses that have taken pride in abiding to our environmental law and regulation through genuine actions to protect our environment and public health.

As civil society groups and individuals. we too have been particularly patient and tolerant, giving benefits of the doubt to the PH Government which we have helped put into power last May, We have largely held in good faith that PH Ministers and responsible MPs from all parties would concertedly tackle the Lynas toxic waste problems to protect Malaysia and the Rakyat from its radioactive and toxic hazards.

Sustainable Development is a PH Promise to the Rakyat

Many of us have contributed and campaigned for PH to be elected. We wish to remind all Ministers and Members of Parliaments of the Pakatan Harapan Manifesto, which your respective Party has signed onto before GE14. Janji/Promise 39 commits PH to "Balancing the Development with Environmental Protection". Therefore, development decision from the PH Cabinet must lead to the security and well-being of the people and our environment.

Lynas is a poisoned chalice from the Najib era and a toxic re-run made possible only through generous loan packages from Japan. Malaysia should not be an easy target for Japan to wage its geopolitical technological war with China. Lynas has no place in Malaysia and least of all, if PH is committed to pursuing a sustainable development future. Sustainable development as promised in the PH Manifesto is only possible if the Government upholds our own law to restore order.

Tun, we supported your leadership because we trust that you will act in Malaysia’s interest and that you will uphold your words to undo past mistakes. Lynas is a major mistake committed by the Najib regime. We now count on all of you whom we have voted into power, to right this wrong to pave the way for Malaysia to pursue a new clean and safe sustainable pathway of development.

Endorsed by:

1. Save Malaysia Stop Lynas 2. Greenpeace Malaysia 3. Himpunan Hijau 4. PEKA Malaysia 5. Persatuan Aktivis Sahabat Alam (KUASA) 6. Pertubuhan Alam Sekitar Sejahtera Malaysia (GRASS Malaysia) 7. Sahabat Alam Malaysia (SAM) 8. Consumers Association of Penang (CAP) 9. North South Initiative 10. Center for Orang Asli Concerns (COAC) 11. SMSL Segamat 12. Stop Lynas Coalition 13. Gelombang Hijau 14. Aliran Kesedaran Negara 15. Pergerakan Tenaga Akademik Malaysia (GERAK) 16. Malaysian Physicians for Social Responsibility 17. Suara Rakyat Malaysia (SUARAM) 18. BaramKini 19. Mama BERSIH 20. OHMSI 21. Citizens' Health Initiative 22. Persatuan Penggerak Hijau 23. Ban Cyanide Action Committee 24. Himpunan Hijau Johor 25. Persatuan Penunggang Basikal Jelajah Bumi Hijau 26. University of Malaya Association of New Youth (UMANY) 27. Johor Yellow Flame (JYF) 28. ENGAGE 29. Perak Green Pioneer 30. Women Development Organisation of Malaysia 31. The KL & Selangor Chinese Assembly Hall Women Section

32. Green Earth Society 33. KRYSS 34. Persatuan Sahabat Wanita Selangor (PSWS) 35. Beyond Borders 36. Persatuan Kesedaran Komuniti Selangor (EMPOWER) 37. Sabah Environmental Protection Association (SEPA) 38. Malaysian Nature Society Pahang 39. Sabah Women’s Action-Resource Group (SAWO) 40. Pusat KOMAS 41. To Earth With Love 40. Pusat KOMAS 41. To Earth With Love 42. Tanah Dahai 43. Centre for Independent Journalism Malaysia 44. Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM) 45. Sustainable Development Network Malaysia (SUSDEN Malaysia) 46. Foreign Spouses Support Group 47. Treat Every Environment Special ( TrEES) 48. Sahabat Rakyat 人民之友 ம"க$ேதாழ)கள 49. Health Equity Initiatives 50. Justice for Sisters 51. Jaringan Orang Asal SeMalaysia 52. Tenaganita 53. Jaringan Orang Asal Semalaysia (JOAS) 54. Monsoons Malaysia 55. Friends of Kota Damansara 56. MyPJ 57. HAKAM 58.The Society for the Promotion of Human Rights (PROHAM) 59. Student Unity Front 60. Bersih Gold Coast 61. Bersih Timor Leste

Rationale of Our Demands

Lynas is Unethical and Unscientific

Lynas is a 100% Australian-owned junior mining company that places profit before ethics, public and environmental health. Despite long standing common knowledge that rare earth processing produces huge amount of toxic waste contaminated with radionuclides and a wide range of other toxic elements and chemicals, Lynas has denied the scientific truth about its hazards in the waste and effluent, leaving them to pollute our environment.

In fact, Lynas’ rare earth deposits in Mt Weld has the second highest thorium content in the world when compared with other known deposits. Yet, Lynas has claimed that its radioactive thorium and uranium in the waste are naturally occurring radioactive materials (NORM); and are therefore harmless.

Lynas' Waste is Radioactive

Lynas’ ore have been mined, milled and chemically processed -i.e, technically enhanced (TE). Hence its radionuclides and toxic elements have been exposed from their natural shields. Scientifically, NORM/TENORM are a source of ionising radiation hazard that poses a potential long-term cumulative cancer risk if a person is exposed to it on a regular basis.

A 2014 study by UKM has found that the thorium radioactivity concentration in Lynas’ waterleached purification (WLP) stream of wastes to be 8Bq/g - eight times higher than the regulatory exemption limit of 1Bq/g. The Executive Review Committee revealed that each pile of plastic covered WLP waste has an estimated effective exposure dose of 14.1mSv/year, fourteen times higher than the established international exposure limit for the public of 1mSv/year! Western Australian Government has confirmed that the WLP waste is radioactive.

Lynas' Waste has Contaminated Groundwater

Contamination of the groundwater is evidenced from data obtained from its own monitoring stations since 2015. The presence of toxic heavy metals including nickel, chromium and lead in the WLP waste has been identified by Lynas’ own consultant, Environ, in its 2011 Safety Case Analysis Report. Yet Lynas has denied that it is responsible for the contamination.

Stop Lynas' Pollution and Groundwater Contamination Now

A responsible Government must suspend Lynas’ operating licence, impose heavy fine and order the company to remove its toxic waste and clean up its contamination to as far as it has spread in the environment. Lynas’ hazards are cancer-causing radioactive thorium and uranium; and other toxic elements from heavy metals, arsenic and chemicals found in its WLP waste that should have been isolated from the environment.

We welcome Tun’s recent announcement to impose a new condition requiring Lynas to only bring in radioactive-free semi-processed feedstock for refining through its Malaysian plant. However, we are deeply concerned that the half a million tonnes of toxic waste and nearly 1.2 million tonnes of scheduled waste that Lynas has generated to date have already polluted our environment. This must be STOPPED immediately. So far, no effort has been taken either by Lynas or our regulator to stop radioactive and toxic substances from entering our environment since Lynas has been allowed to continue operating to generate more and more of these hazards.

Our Regulators Have FAILED in their Duty of Care

Our regulators namely Atomic Energy Licensing Board (AELB) and Department of Environment (DoE) have both failed in their duty of care to act in their mandated roles to diligently monitor pollution and to enforce the law. No other business in the world have been allowed to store over 450,000 tonnes of radioactive and toxic waste in the open covered only with plastic sheets!

No other business in Malaysia has been allowed to accumulate nearly 1.2 million tonnes of scheduled waste on site over six years, when our regulation has since 2005 limited onsite storage to not more than 20 tonnes for up to 180 days only! No responsible regulator would remain silent and not verify the source or cause of serious toxic heavy metal contamination of the groundwater, when 50 families in the local area are dependent on ground water for their daily uses. This constitutes a gross negligence on the part of our public services.

To make matter worse, these public funded ‘regulators’ have continued to sing Lynas’ praises to protect this foreign company which has been enjoying its 12-year tax holiday, despite scientific evidence and data showing that Lynas’ waste disposal site is problematic. Allowing Lynas to store toxic waste in poorly lined dams located in a flood and fire prone low-lying porous peat mangrove with ground water table less than 1 metre from the surface has made a mockery of Malaysia’s environmental standard. These ‘regulators’ have failed to critically verify Lynas’ misleading and false claims of zero harm and international best practice; quoted the IAEA findings and recommendations out of context, thereby putting our environment and local people at the mercy of Lynas’ pollution.

Lynas is a Liability for Malaysia

Ultimately, rakyat of Malaysia will end up paying for the Government’s failure in stopping this toxic rerun. Lynas’ toxic legacy will be many times far more costly than the Bukit Merah Asian Rare Earth (ARE) legacy as the amount of radioactive and toxic waste generated by Lynas has already exceeded that from ARE by 40 times. Malaysia will end up copping the high costs of cleaning up the Lynas toxic site, deteriorating health outcomes of local people requiring expensive medical care when they start to suffer from known diseases associated with Lynas’ hazards. Sadly, it will be too late to prevent this tragedy by then because it usually takes many years of bio-accumulation to develop into detectible and visible chronic health conditions both for humans and the environment.

Lynas' Toxic Waste Must be Removed from Malaysia

The amount of thorium, uranium, heavy metals, toxic elements and chemicals in Lynas’ wastes have added significant hazards to Malaysia. Their total removal from Malaysia is critical to avoid costly health and environmental disasters.

A densely populated country like Malaysia cannot afford to sacrifice hundreds of hectares of precious land and/or pristine forest for Lynas’ toxic waste. Malaysia’s frequent tropical deluge, which often lead to floods, erosions and landslides is technically challenging and risky for the storage of radioactive waste as it is impossible to prevent leachate from contaminating the environment, as evidenced from Lynas’ own experience.

Lynas' De-Commissioning Deposit Fund

The paltry US$50 million Lynas has committed to for the de-commissioning fund will not be enough to clean up the Lynas mess. Bukit Merah ARE radioactive waste was 40 times less than what Lynas has generated to date. Mitsubishi spent US100 millions to entomb the waste and the plant in a one square kilometre pristine forest on a hill slope. Lynas’ attempt to make its current storage facility a permanent dump site in a peat swamp is grossly irresponsible given the serious contaminations problems that have already occurred.

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