Statement to the Second session of the UN Expert Mechanism on the Rights of Indigenous Peoples Presentation under Agenda Item 4By Manja Bayang, on behalf of the Indigenous Peoples Rights Monitor
It is an honor to speak before this august body.
I represent the Indigenous Peoples Rights Monitor, a network of indigenous peoples organizations and support groups, with the mandate of monitoring, documenting and reporting violations of human rights committed by the State and its agents against indigenous peoples and communities.
Thirteen years after the Indigenous Peoples Rights Act (IPRA) and two years after the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted, indigenous peoples in the Philippines continue to suffer from human rights violations. The Philippines continue to fail in its obligations under the UNDRIP and continue to violate the provisions of the IPRA, the very law which it passed to supposedly protect the rights of indigenous peoples. Ironically, this law is even manipulated to perpetuate violations of indigenous peoples' rights.
Contrary to Article 30, Article 10 and pertinent provisions of the UNDRIP, massive military operations continue in indigenous peoples communities. The Philippines state actively promote and implement its National Internal Security Plan on Indigenous Peoples which perpetrates military operations in indigenous people's lands and the persecution of indigenous peoples' activists. As a result of this State policy and the unabated military operations, indigenous peoples' communities have been subjected to forced evacuations especially of the Lumads in Mindanao, desecration and destruction of their sacred sites. Indigenous peoples have been subjected to various forms of human rights violations ranging from harassments, torture, rape against women, grave threats resulting to sever trauma among children, enforced disappearance and even assassinations of indigenous activists. Since 2001, IPRM was able to document 133 cases of extrajudicial killings of indigenous activists nationwide and one case of enforced disappearance.
The entry of mining and other extractive projects also result to severe militarization of indigenous communities which result to all forms of human rights violations. On January 6, 2008, intense military operations were conducted by the 73rd Infantry Battalion and the Army Scout Rangers in the remote areas of Talaingod, Davao Del Norte. Aerial bombings, army foot patrols, and combat operations greatly alarmed the Ata-Manobo residents, causing them to flee their homes and seek refuge in the forests. Similar evacuations occurred in other indigenous communities because of military operations, forcing them to become internal refugees. The worse impacts fall on the women and children who suffer most in these situations.
Contrary to Article 32, Article 26 and other pertinent provisions of the UNDRIP, the right of indigenous peoples to their lands and territories and to free prior and informed consent, continue to be violated. Large scale mining activities continue in indigenous peoples territories, dams and other hydro electric projects are undertaken, logging is still conducted on indigenous peoples forests. The lands and resources of indigenous peoples continue to be desecrated.
Moreover, the right of indigenous peoples to FPIC is blatantly violated in the context of development projects being undertaken and which are planned to be undertaken in indigenous peoples' territories. The particular circumstances by which the self-determination rights of Indigenous Peoples are denied in the context of development projects vary from community to community.
In view hereof, I would like to forward the following recommendations, taking a bulk of it from the recommendations made during the International Conference on Extractive Industries and Indigenous Peoples on March 25, 2009 in Manila, Philippines that in order to ensure respect for the rights recognized in the UNDRIP, we recommend that EMRIP will:
1. Conduct a study, with the participation of Indigenous Peoples, on the impact of mining and other extractive industries on them;
2. Conduct a study, with the participation of Indigenous Peoples, on the implementation of the National Internal Security Plan on Indigenous Peoples, the counter-insurgency plans and the use of state forces in the advancement of the interests of transnational mining companies and the impacts on indigenous peoples and communities;
3. Along with the Indigenous Peoples Asia Caucus, it is strongly recommended that the EMRIP conduct a thorough study on the realization or lack of realization of the right to self determination, giving emphasis to the implementation of free prior and informed consent;
4. Elaborate mechanisms and procedures for States to implement the minimum standards set forth in the UNDRIP, including in particular Article 30 on military operations and Article 32 on the right to FPIC and to call on other UN procedures, mechanisms, agencies and bodies and other multi-lateral bodies to do likewise;
5. Demand for the strict implementation of International Humanitarian Laws and the UNDRIP in all military operations;
6. Establish practical procedures which provide indigenous communities with the opportunity to request the relevant UN agencies to assist them in the monitoring and provision of independent information on FPIC processes;
7. Request that the Special Representative to the Secretary General on the issue of human rights and transnational corporations and other businesses, John Ruggie, to actively engage with impacted indigenous community through workshops addressing indigenous peoples rights and mining or other extractive industries, and together with other UN procedures, bodies and agencies, promote the enactment of legislation in home states of transnational corporations to provide for extraterritorial jurisdiction in relation to their activities;
8. Recommend that the World Bank Group and other International Financial Institutions (IFIs) update its operational directives and safeguard policies pertaining to Indigenous Peoples to include the right to FPIC, as required under the UNDRIP. Specifically to recommend to the Asian Development Bank (ADB) to include the requirement to obtain FPIC in its safeguard policies on Indigenous Peoples environment and resettlement;
9. Recommend that the World Bank Group and other IFI's immediately stop funding, promoting and supporting large scale mining and hydro electric projects on indigenous peoples lands, and to provide a timeline for ending of all such funding;
10. Recommend that the World Health Organization consider conducting a study on the impact of cyanide and heavy metals on the right to health of communities impacted by mining.
Let me end this intervention by quoting the famous adage that says, "Our Land is our life"; take it away from us, and your are taking the lives of our people, our children and the generations after us.
Danum id Tudey ya id Gedangan ay menlamnin et was-in di men lamlamnin ta maid mangmangwani en ate (Like the cool waters that spring from our mountains, let us go forth in peace and good health.)
