9 – 27 September 2013
Geneva, Switzerland

Agenda Item 4 – General Debate

Delivered by Budi Tjahjono of Franciscans International
Jointly prepared by Franciscans International
and Rural Missionaries of the Philippines – Northern Mindanao Sub-region

Mr. President,

Franciscans International (FI) and Rural Missionaries of the Philippines – Northern Mindanao Sub-Region (RMP-NMR) would like to draw attention of the Council on the human rights violation in the Philippines related to mining. We would like to draw the attention of the Council and the Government of the Philippines on the three cases. The first is the magnetite mining operations in the coastal area of Cagayan province, by foreign and local investors. Allegedly, the mining permission was granted with inadequate consultation and consent of the affected communities. The mining operation has negative impact on the right to lively hood, right to water and right to freedom of expression of the local population. The anti-mining groups have received intimidation from the local authority and mining operators due to their opposition. Consequently, there has been a climate of fear among the population.

Secondly is the nickel mining operations in Eastern Samar province, especially in Homonhon Island and in Manicani Island. There has been allegation of human rights violations of the local communities, especially on the right to freedom of expression, access to water, and right to livelihood. In Homonhon, the anti mining groups have been intimidated by the mining operators. No action was taken by the government to protect them. The latest case was on August 5, 2013 where 17 protesters including two underage children were intimidated by the mining company and the security force. Instead of having a dialogue, the mining company filed a case against the protesters. In Manicani Island, despite the government’s decision to suspend the mining operation in 2001, the mining company has been trying to continue their activities. There is no law enforcement for the implementation. The local community is obliged to make human barricade to prevent the company to operate illegally.

Thirdly, is the situation in Matigsalug and Tigwahanon indigenous communities in San Fernando, Bukidnon in Southern Philippines. On 5 March 2012, Mr. Jimmy Liguyon was shot and killed at his home. He strongly resisted the entry of large scale mining companies in his village, where the main source of income is small-scale mining. The police investigated the killing and charged Mr. Alde Salusad and 14 unidentified paramilitary members for the murder. The Court issued a warrant of arrest against him on 30 April 2012, but to date has not been served. The regional office of the Commission on Human Rights of the Philippines also promised to investigate the case but no official investigation report has been released. The failure to arrest the perpetrators and the continuing militarization of San Fernando led to two mass evacuations of Matigsalugs and Tigwahanons in March 2012 and August 2012.

Therefore, we would like to recommend the government of the Philippines the following:

Stop mining operation in Cagayan Valley and Eastern Samar and conduct an independent evaluation on the impact of mining to the full enjoyment of human right of the affected communities;

Implement the principles of Free, Prior and Inform Consent, not only during the implementation, but throughout decision making process.

Repeal Mining Act of 1995 and take consideration on the Alternative Mining Bill and Peoples Mining Bill

Enforce the warrant of arrest of the perpetrators of the killing of indigenous leader Mr. Jimmy Liguyon and conduct an investigation on the other reported killings and mass displacements of indigenous peoples in San Fernando, Bukidnon.

Karapatan (http://www.karapatan.org)

Karapatan scored “self-confessed” peace advocate Chito Gascon’s pronouncement saying Zamboanga crisis was due to a ‘miscommunication and misunderstanding between the government and Misuari’s group’.

“If BS Aquino’s alter-egos in the Office of the Presidential Adviser on the Peace Process (OPAPP) has only this to say, they better shut their mouths up. Or, best they just fold-up and go. The OPAPP is not actually working for peace. It is there to justify and deodorize BS Aquino’s war against the people.”

Marie Hilao-Enriquez, Karapatan chairperson added, “the complexity of the Moro situation in Mindanao is more than just a matter of communication. Thousands of civilians were rendered homeless, their sources of livelihood destroyed, some even killed. BS Aquino’s purely militarist solution to the Zamboanga crisis surpassed the damage caused by Misuari’s armed attack. ”

Hilao-Enriquez, cited “Gascon’s statement echoes BS Aquino’s response to the Lahad Datu (Sabah) stand-off. That time, BS Aquino claimed that he did not receive the letter from the Sultan of Sulu seeking for an audience because ‘it was lost in the bureaucratic maze’.

“The government’s disregard for those who seek audience and settle matters on the negotiating table has already cost thousands of lives,” added Hilao-Enriquez, also an independent observer in the GPH-NDF peace talks.

Earlier, Karapatan warned of human rights violations against civilians in the course of the AFP’s operation against the MNLF. In a statement issued on September 19, Hilao-Enriquez said, “We fear a repeat of the Basilan siege in 2001 where close to more than a hundred Moro citizens and youth were arbitrarily arrested on mere suspicion of being Abu Sayyaf Group (ASG) members.”

“The Moro victims were heavily tortured by Philippine security forces to force them to admit they were ASG members,” Hilao-Enriquez said. “After 12 long years of detention, many of these victims who were members of the so-called Basilan 73, are still imprisoned in Camp Bagong Diwa, Bicutan waiting for court resolution. Most of them are cases of mistaken identity.”

Enriquez was part of the fact finding team that investigated human rights violations during the 2001 AFP siege in Basilan.
As of today, human rights workers in Zamboanga City cited widespread fear among  civilians. “People knew that many of those arrested were not MNLF members but residents in affected barangays. Yet, no one wants to talk for fear of military reprisal. It’s the same story all over again,” said Hilao-Enriquez.

While Misuari must equally answer for the violations he and his men committed, BS Aquino can’t just go to war and crush the dissenters through a purely military solution,” said Hilao-Enriquez, adding “this is not a PSP game where you can simply declare game over or mission accomplished. Lives of real people are involved here, especially the poor who are most vulnerable in this kind of situation.”

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