Mining in the Philippines - Concerns and Conflicts

project proposed, joint Environmental and Social Impact Assessments (ESIAs), open to independent
verification, should be developed with appropriate community participation.
3 International Governance
3.1 We recommend that governments establish binding frameworks to regulate mining, and ensure
access to courts and other effective mechanisms of redress within the home countries of transnational
mining companies and the financial institutions that support them.
3.2 We call on the World Bank Group to uphold its mandate to help reduce world poverty and
protect the environment by halting its promotion and support for mining expansion in the
Philippines under current conditions. The Bank should assist with the country’s sustainable
development by providing technical and financial support for the protection and development of
renewable resources, sustainable activities and poverty reduction programs and support Strategy
Environmental Appraisals (SEAs) of the key islands and regions affected by mining. It should be
strictly guided by its Operational Principle 4.10 on Indigenous Peoples, OD 430 on Involuntary
Resettlement and IFC Safeguard policies.
4 Human Rights Issues
4.1 Address Human Rights Violations. We urge the government to increase its efforts to stamp out
the spate of killings of politically active citizens and prosecute the perpetrators. Independent
investigations should be conducted with invites extended to the UN Human Rights Special
Rapporteurs.
4.2 The implementation of laws to protect communities necessitates independent monitoring of the
processes of determining FPIC and community consent. The participation in such monitoring by the
Human Rights Commission, civil society, relevant religious and academic institutions and indigenous
peoples organizations is required to ensure credibility. The EU and other international partners could
assist in this.
4.3 Ratification of international treaties. In keeping with the spirit of the Philippine Constitutional
provisions (1987) and IPRA (1997) we recommend that the Philippine Government ratify ILO
Convention 169 on Indigenous and Tribal Peoples and support the Declaration on Indigenous
Peoples in the next General Assembly vote.
4.4 Prior claims. In line with the 1987 constitutional recognition of prior indigenous peoples’ rights to
their ancestral lands we urge the government to end the contradictory practice of allowing the
proposition that mining companies can assert prior rights claims over indigenous peoples’ (the
traditional owners/occupiers of the land) ancestral lands.
4.5 European Union should place an emphasis on ensuring that FPIC is effectively incorporated as a
core element of the 2007-2013 EC Philippines Country Strategy Paper in its midterm review. It should
exert its good offices to reduce tension and promote dialogue and a strict adherence to legal process
and informed decision-making.
5 Financing
5.1 We urge mining companies and the investor community to exercise extreme caution in funding
any mining operations in the Philippines until effective structures, laws and controls are in place to
protect the environment and human rights. They should improve methods of exercising due diligence
over investments in mining projects based on reliable independent information.
5.2 Financial probity. We encourage financial institutions to adopt and adhere to the Equator
Principles, and governments in the EU and other major investor countries to ensure that public
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