Wednesday 23 September 2009

Business & Human Rights website publishes letter to President Arroyo

PIPLinks … presented a letter to President Arroyo…raising issues around the recent concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD) ... [that urge] the Government to acknowledge that racial discrimination exists in the Philippines, to ensure that Indigenous Peoples are protected in situations of armed conflict and that independent and impartial investigations are conducted into all allegations of human rights violations …[ I]t recommended that the Government fully implement the IPRA … [and] made specific recommendations on the activities of TVI Pacific, who are operating in the ancestral domain of the Subanon at Mount Canatuan …



See:- http://www.business-humanrights.org/Links/Repository/165752

Monday 21 September 2009

Text of letter from PIPLinks to President Arroyo re CERD country observations

President Arroyo
c/o the Philippines Embassy
8 Suffolk Street
London, SW1 4HG


18 September 2009

Your Excellency,

I am taking the opportunity of your visiting the United Kingdom, to write on behalf of Indigenous Peoples Links, a UK-based support organisation working to uphold and promote the collective and individual human rights of Indigenous Peoples. We would like to raise issues around the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), which were made public on 31st August 2009.

The CERD issued its recommendations to the Philippines Government following its review of the Government's overdue report (and in doing so invited the Philippines "to observe the deadlines set for the submission of its reports in the future"). The CERD welcomed various positive developments in the legal framework, such as the 1997 Indigenous Peoples Rights Act (IPRA). However, it raised a number of concerns and recommendations in relation to respect for Indigenous Peoples' rights in practice.

In relation to the mining operations of TVI in the Ancestral Domain of the Subanon of Mt Canatuan, which has been subject to a submission to CERD's Early Warning Urgent Action Sub-Committee, the Committee noted that it "remains concerned that contradictory information continues to be presented to it with regard to the status of actions taken to address the violations of the Subanon people's rights and destruction of their sacred mountain." To address these violations of the Subanon's rights the Committee urged the Government 'to consult with all concerned parties in order to address the issues over Mt. Canatuan in a manner that respects customary laws and practices of the Subanon people and welcomes information from the State party in relation to further developments'

The Committee made an extensive set of recommendations in relation to its concern regarding the Government's implementation of Indigenous Peoples' rights, including urging the Government to:
· acknowledge that racial discrimination exists in the Philippines;
· gather disaggregated data on the situation of Indigenous Peoples through a consultative process with them;
· ensure that Indigenous Peoples are protected in situations of armed conflict and that independent and impartial investigations are conducted into all allegations of human rights violations;
· adopt adequate measures in order to ensure the enjoyment by internally displaced [Indigenous Peoples] of their rights under article 5 of the Convention, especially their right to security and their economic, social and cultural rights;
· conduct an independent review, in consultation with indigenous peoples, of the legislative framework in relation to indigenous property, with particular regard to the question of consistency between the IPRA, its implementing guidelines, the Regalian doctrine and other related doctrines, as well as the Mining Act of 1995;
· fully implement the IPRA, in particular by securing the effective enjoyment by indigenous peoples of their rights to ancestral domains, lands and natural resources, and ensuring that economic activities, especially mining, carried out on indigenous territories do not adversely affect the protection of the rights recognised to indigenous peoples under the aforementioned Act;
· streamline the process for obtaining land rights certificates and take effective measures to protect communities from retaliations and violations when attempting to exercise their rights;
· verify that the current structures and guidelines/procedures established to conduct FPIC are in accordance with the spirit and letter of the IPRA and set realistic time frames for consultation processes with indigenous peoples.';
· verify that the apparent lack of formal protests is not the result of a lack of effective remedies, the victims' lack of awareness of their rights, fear of reprisals, or a lack of confidence in the NCIP;
· 'to consider ratifying...ILO International Convention on Indigenous and Tribal Peoples (No. 169)' and 'making the optional declaration provided for in article 14 of the Convention'.

Finally the Committee required the Government to report back in one year in relation to:-
· actions taken to implement the recommendations of the reports of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions and of the United Nations Special Rapporteur on the situation of human rights and fundamental freedoms of Indigenous People;
· developments at Mt Canatuan in relation to the respect for customary laws and practices of the Subanon people;
· steps taken to streamline the process for obtaining land rights certificates and to put effective measures in place to protect communities from retaliations and violations when attempting to exercise their rights.

Given the above we would like to enquire what concrete measures your Government will take in order to implement these recommendations, particularly to ensure that the voice of Indigenous Peoples is heard more directly with regard to these important issues. Specifically we would like to know how you intend to "conduct an independent review, in consultation with indigenous peoples, of the legislative framework in relation to indigenous property", that also verifies "current structures and guidelines/procedures established to conduct FPIC are in accordance with the spirit and letter of the IPRA".

We look forward to hearing back from you at your earlier convenience.

Yours faithfully,


Geoff Nettleton
Coordinator
Indigenous Peoples Links

Friday 28 August 2009

Treaty urges govt to protect indigenous peoples

Human Rights commissioner says fighting in Mindanao has caused concern among United Nations experts

Manila Times, By Ira Karen Apanay, http://www.manilatimes.net/national/2009/aug/22/yehey/prov/20090822pro1.html

22 August 2009

A United Nations human rights treaty has urged the Philippines to protect indigenous peoples (IPs) from armed conflict, extrajudicial killings and discrimination, as the body examined the Philippines ' compliance with the international Convention on the Elimination of Racial Discrimination (CERD).

Human Rights Commissioner Cecilia Quisumbing said the current fighting in Mindanao and its effect on indigenous peoples and evacuees has attracted the concern of UN experts on racial discrimination.

"This brings another human rights dimension to the renewed combat in the South. Not only the rights to life, liberty, property and security of persons but also, the need to consciously and effectively protect minority groups," Quisum-bing said in a statement.

Quisumbing said members of the Com-mittee also urged the Philippines to enact a general law that prohibits discri-mination based on race and ethnicity.

The CERD, which is made up of experts from 18 countries, reviewed the report submitted by the Philippine government in a two-day session (on August 18 to 19) at the headquarters of the UN High Commissioner for Human Rights in Geneva, Quisumbing said.

Quisumbing said that among the issues the Committee on Elimination of Racial Discrimination wanted to discuss were proper respect for Ancestral Domain of IPs and to discuss the lack of a law that prohibits racial discrimination, delivery of basic services to minority groups, statistical measurement to track the rights situation of minorities, and extrajudicial killings of IP activists.

Quisumbing said, the Commission found "no State policy to deny basic services and protections to IPs but under the Convention, the State has the obligation to actively take measures to ensure that certain groups are able to fully enjoy their rights. These areas of promotion and protection of human rights of minorities is where the CHR feels there is a lot of room of improvement."

The committee also wanted to know how the Philippines were addressing the issues of extrajudicial killings, torture and enforced disappearances.

In the CHR presentation, Quisum-bing reported that in the past year of offensives between the Armed Forces of the Philippines and Moro Islamic Liberation Front and Abu Sayyaf rebels, Human Rights regional offices have reported more than 200,000 people in Surigao del Sur and Lanao del Sur took refuge in evacuation centers, many of them from indigenous tribes.

The Commission's regional office in the Cordillera Autonomous Region has recorded 17 cases of IP activists killed and one activist who has disappeared.

The committee experts called the IPRA "innovative" and urged the government to implement it more fully and to measure its effectiveness, particularly with statistics.

The Philippines ratified the Convention on the Elimination of Racial Discrimination almost 42 years ago, in September 1967. It is obliged to implement all the provisions of the treaty, and to report to the said committee every two years.

Here is what the Philippine Government had to say on its own performance at CERD ...

RP promotion of indigenous peoples' rights draws UN praise

Manila Bulletin, By Charissa M. Luci, http://www.mb.com.ph/articles/217064/rp-promotion-indigenous-peoples-rights-draws-un-praise

22 August 2009

The United Nations Committee on the Elimination of Racial Discrimination (CERD) has praised the Philippines ' law that protects and promotes the rights of indigenous peoples, describing it as "a beacon and revolutionary legislation."

In a report to its home office, the Philippine Mission to the UN in Geneva said the UN committee which monitors compliance of states parties to the International Convention on the Elimination of All Forms of Racial Discrimination took notice of the Philippine government's efforts to safeguard human rights.

Ambassador Erlinda F. Basilio, the country's permanent representative to the UN in Geneva and head of delegation, presented to the world body the Philippines' 15th-20th periodic reports (covering the period 1997-2008) at the United Nations High Commissioner for Human Rights in Geneva, Switzerland on August 18.

During the presentation, she assured the Philippines ' unwavering compliance to the convention, proof of which are numerous measures put in place to promote and protect the human rights of the indigenous peoples of the Philippines and Muslim Filipinos.
Among these are the implementation of the landmark Indigenous Peoples' Rights Act, the activities of the National Commission on Indigenous Peoples, creation of the Autonomous Region in Muslim Mindanao, and the programs of the Office on Muslim Affairs.

"The Philippine government not only acknowledges this rich tradition of unity in diversity, but cultivates it," Basilio said in her opening statement.

She noted that the Philippines has championed the cause of eliminating colonization, repression, and racial discrimination at the international level such as providing asylum to Jewish refugees escaping Nazi repression during World War II and granting refuge to the Vietnamese boat people.

She likewise cited the country's promotion of the interests of developing nations still under the yoke of colonialism at the inception of the United Nations and its being an influential member of the UN Committee against Apartheid, among others.

She also pledged the government's active role in the Durban World Review Conference Against Racism, Xenophobia and Related Intolerance, and in pushing for greater protection of the rights of migrants and members of their families in relevant international forums.

Basilio said the Philippines waged war against racial discrimination "through our own national quest for independence, sovereignty, and development, and at the international level."

Tribal leaders join UN hearing vs mining on ancestral lands

http://www.cbcpnews.com/?q=node/10001

8 August 2009

MANILA — The Indigenous People’s (IP) fight to keep their ancestral lands from being desecrated and devastated by mining companies have led three Filipino Tribal leaders right at the doorstep of the United Nations in Geneva, Switzerland as the world celebrates World IP Day on August 9.

Three IP leaders Timuay Jose Boy Anoy, rightful owner of ancestral land in Mt. Canatuan, Siocon, Zamboanga del Norte; Timuay Noval Lambo, Chief elder of the Subanon Council of Seven Rivers in Zamboanga Peninsula; and Peter Dupayat, President of the Didipio Earth Savers Movement Association (DESAMA), and member of the Ifugao community of Didipio, Nueva Viscaya will participate in a United Nation’s Committee on the Elimination of Racial Discrimination (UNCERD) hearing on a complaint filed against the Philippine government by the Subanon community.

The elders charged that their rights to the ancestral domains have been breached by the continuous mining activity, accusing the Philippine government especially the National Commission on Indigenous Peoples (NCIP) for being hostile to their cause.

Timuay Jose Boy Anoy had been personally given a Certificate of Ancestral Domain Title (CADT) by President Gloria Macapagal-Arroyo. But the IP leader was ejected from his land by TVI Pacific, Inc., a Canadian Mining company that has been operating in Mt. Canatuan.

Timuay Anoy claimed that NCIP connived with TVI in forming a phony tribal council that gave approval for the company to mine in their ancestral land.

“There was no genuine free, prior and informed consent (FPIC) given to the mining operations. Our customs, traditions, and beliefs have been disrespected by no less than the government,” the elder declared.

For his part, Timuay Lambo said the government should be held accountable for its bigotry towards indigenous people.

“The government must tell the truth. We have been waiting for so long. The government’s report which states that there is no discrimination is purely a lie. [It is] fabricated by the NCIP, through its incompetent local officials,” he said.

Dupayat, whose community in Didipio, Nueva Viscaya was displaced by OceanaGold, an Australian mining company that has mining stakes in the area, said the government should honestly implement the Indigenous People’s Rights Act (IPRA).

“We strongly demand that the real spirit of IPRA should be implemented and a FPIC be sought”, exclaimed Duyapat.

OceanaGold has been abusing the rights of the indigenous community through militarization, displacements and loss of livelihood. He will raise complaints about their community’s situation, Dupayat said.

Environmental group supports IP leaders

Alyansa Tigil Mina (ATM), a people’s movement, whose advocacy includes fighting for rights of Filipinos against the persisting injustices related to mining, said it will support the project of the IP leaders to explore and maximize international venues where they can assert their rights to pursue the protection and enrichment of their indigenous cultures.

Noting that World IP Day is celebrated globally on August 9, ATM Coordinator Jaybee Garganera said the participation of the three elders at the hearing will bring to light the struggles against discrimination, injustices and militarization they have to endure to keep their lands.

“There are 12 million indigenous peoples in the Philippines and the three IP leaders who will be going to Geneva will speak up, tell their stories and demand that the government should heed their call for their right to self-determination and the United Nations urge and pressure the Republic of the Philippines to address justly, without discrimination, the issues of land rights, militarization, access to justice and protection of indigenous beliefs and practices,” he said.

UNCERD

The CERD is a body of independent experts which monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination (ICERD) by its State parties, which the Philippines had signed on March 7, 1966 and ratified on September 15, 1967.

Having ratified ICERD the government is obliged to regularly report to the Committee on how it is being implemented. However, it has failed in the required regular reporting, and its current report covers only the period of 1998 to 2008. (Pinky Barrientos, FSP)

Sunday 16 August 2009

Indigenous peoples and human rights

By Anabelle E. Plantilla, Nature for Life, Manila Times
http://www.manilatimes.net/national/2009/aug/15/yehey/opinion/20090815opi5.html

15 August 2009

The Alyansa Tigil Mina (ATM) held a send-off lunch for Filipino indigenous peoples (IPs) leaders who left for Geneva, Switzerland last week to participate in the United Nations Committee on the Elimination of Racial Discrimination hearing on a complaint filed against the Philippine government by the Subanon community. ATM is an advocacy group and a people’s movement that upholds the rights of the present and future Filipinos against the persisting injustices related to mining. The three IP leaders are asserting that their rights to the ancestral domains have been violated, and that the actions of the Philippine government, particularly the National Commission on Indigenous Peoples have been adverse against them.

Timuay Jose Boy Anoy, one of the tribal leaders, is the rightful owner of ancestral land in Mount Canatuan. The Certificate of Ancestral Domain Title was personally given to him by President Gloria Arroyo but he has been ejected from his own land by TVI Resources Development Inc.

Timuay Noval Lambo, chief elder of the Subanon Council of Seven Rivers in the Zamboanga Peninsula and Peter Duyapat, president of the Didipio Earth Savers Movement Association belonging to the Ifugao community from Didipio, Kasibu, Nueva Vizcaya, have also been ejected from their own domains.

According to the Subanon tribal leader, Timuay Anoy, the commission on indigenous peoples facilitated the formation of a bogus tribal council in connivance with TVI, a Canadian mining company currently doing operations in their ancestral land. Furthermore, Timuay Anoy said that there was no genuine free and prior informed consent given to the mining operations and that their customs, traditions, and beliefs have been disrespected by no less than the government. According to Timuay Lambo, the government must tell the truth and should be held accountable because their report states that there was no discrimination against IPs.

The name Subanon means “river people,” which is derived from the word “suba” or river. The Subanon, also known in the Anglicized form as “Subanen,” is a tribe indigenous to the Zamboanga Peninsula area, particularly living in the mountainous areas of Zamboanga del Sur and Misamis Occidental. As the name implies, these people originally lived along riverbanks in the lowlands, however due to disturbances and competition from other settlers, these peace-loving tribe now reside in the mountains.

Duyapat, whose community is impacted by an Australian mining company, OceanaGold, said that the company has been abusing the rights of the indigenous community through militarization, displacement and loss of livelihood. He will raise complaints about their community’s situation in Geneva and demand that the real spirit of the Indigenous Peoples Rights Act should be implemented and genuine FPIC be sought.

The World Indigenous Peoples Day is observed on August 9 every year. There are 12 million IPs in the Philippines and the three IP leaders who went to Geneva will speak up, tell their stories and demand that the government heed their call for their right to self-determination; and the United Nations to urge and pressure the Republic of the Philippines to address justly, without discrimination, the issues of land rights, militarization, access to justice and protection of indigenous beliefs and practices.

ATM will support the initiative of these IP leaders to explore and maximize international venues where they can assert their rights to pursue the protection and enrichment of their indigenous cultures. The ATM is an alliance of mining-affected communities and their support groups of non-government organizations/public organizations and other civil society organizations convened by environmental conservation organization Haribon, Legal Rights and Natural Resources-Kasama sa Kalikasan/Friends of the Earth Philippines and Philippine Partnership for the Development of Human Resources in Rural Areas.

The Committee on the Elimination of Racial Discrimination is a body of independent experts, which monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties. The Philippine government, having ratified the convention is obliged to regularly report to the committee on how it is being implemented. However, the government has failed in the required regular reporting since 1998.

orgsus@haribon.org.ph

Thursday 13 August 2009

Statement by Gukom to UN on tribal justice systems



Statement to the Second session of the UN Expert Mechanism on the Rights of Indigenous Peoples

Presentation under Agenda Item 4B -UN Declaration on the Rights of Indigenous Peoples - August 10-14, 2009

Speaker: Timuoy Noval Lambo (Philippines)

Thank you Madam Chair for giving me this rare opportunity to shortly speak about our indigenous justice system.

To start with, Madam Chair, I am Timuoy Noval Lambo, a member of the Subanon Tribe of the Zamboanga del Norte province, Mindanao, Philippines. I am representing the Gukom Sog Pito Kodolungan, a group of Subanon families living in a separate adjoining communities and belonging to one common ancestor. Given that the Indigenous Peoples Rights Act is patterned after the draft UN DRIP, we hope that the lessons learned by the indigenous peoples of the Philippines will contribute to the future implementation and interpretation of the UN DRIP with regard to conflict resolution using customary laws.

As a tribe, Madam chair, we have our own established customary laws to govern our people known to our tribe as "Kompongan Nog Botad", a body of unwritten traditional laws, which governs the following:

1. All forms of criminal offenses ranging from simple to the highest form of criminal offense;

2. Family laws governing marriages;

3. Economic activities governing traditional livelihood;

4. Foreign relations; and

5. Religious activities and exercises by the Subanon religious leaders.

Sad to note, Madam Chair, that the exercise of our indigenous justice system had not given due recognition by our Philippine government.

Let me cite to you Madam Chair, one grave example of how the government, through the National Commission of Indigenous Peoples (NCIP), violated our laws by establishing another council of elders for the purposes of obtaining an illegal free, prior and informed consent with regard to mining activities in our ancestral domains. This act of the NCIP caused division and intrigue among our people. In 2004, the Gulang Gukom found them guilty of such act and imposed penalties against this government agency. However, the NCIP failed to comply with such decision.

Another grave incident of violation of our customary laws was committed by a multinational mining corporation in Zamboanga del Norte, Philippines by destroying the Subanon sacred mountain. In 2007, this was brought to the attention of the Subanon highest judicial system for hearing. The Manager of the mining firm was invited to attend the scheduled hearing but instead of attending the hearing under the Subanon customary laws, the company refused the invitation, instead wrote very insulting comments against the authority of the Gulang Gukom. The incident of that Subanon resolution of the hearing of the case was brought to the National Commission on Indigenous Peoples (NCIP) but no action was taken.

In the Philippines, Madam Chair, we have the Indigenous Peoples Rights Act, which affirms that customary laws must be respected, however, despite the existence of this law, government itself has failed to recognize our jurisdiction.

Under this sad experience Madam Chair, the following recommendation be respectfully submitted:

1. Full recognition of indigenous justice system by the Philippine government;

2. All cases involving indigenous peoples filed in the regular courts of justive be referred to the indigenous courts having proper jurisdiction;

3. All cases involving indigenous peoples tried and found guilty beyond reasonable doubt under customary laws and sentenced for a certain period of imprisonment be accepted or admitted to any established government prison cell; and, finally,

4. That government instrumentalities and officials not only be held accountable under national laws, but also under indigenous laws which they violated.

Madam Chair, thank you very much for this opportunity. We hope that this experience will also help other countries and that these cases be brought to the attention of the UN Human Rights Council. Thank you again Madam Chair and may God the Almighty bless us all.