Absolute public participation in the grant of new mining concessions and in the review and renegotiation of existing agreements must be imposed by the government to assure the promotion of human rights, standard of living, and environmental protection in affected communities.
This was stressed by the Commission on Human Rights (CHR) on Saturday, April 17, as it expressed optimism that the government will make sure that all relevant mining and environmental laws are “observed and faithfully implemented” now that President Duterte has lifted the 2012 moratorium on new mining agreements.
In Executive Order No. 130 (EO 130) issued last April 14, the President lifted the moratorium on new mineral agreements in a bid to generate jobs and spur countryside development which have been ravaged by the coronavirus disease (COVID-19) pandemic.
EO 30 directed several government agencies to strictly implement mining safety and environmental policies, review existing mineral deals for possible renegotiation, and rationalize the existing revenue-sharing scheme.
It amended the 2012 EO 79 and lifted the ban on the approval of new mining permits.
Through Spokesperson Jacqueline Ann de Guia, the CHR said the government should assure compliance with Human Rights-Based Approaches as part of sustainable development efforts in the utilization of natural resources.
This would include the Filipino people's absolute participation in making decisions on the exploration, development, and utilization of natural resources, such as minerals, De Guia, a lawyer, said.
"It is then equally important that relevant laws and regulations are observed and are faithfully implemented based on their spirit and letters -- including the Indigenous Peoples’ Rights Act; the Local Government Code; and on Environmental Impact Assessment, even the crafting of new ones if needed -- to adequately protect and promote the standard of living, and all human rights, of communities affected by mining operations," she stressed.
To improve the standard of living in the affected communities, De Guia said the revenues generated from mining through taxation and other means should be utilized for the creation of programs with the participation of concerned communities.
Also, she pointed out, agencies such as the Department of Environment and Natural Resources (DENR), should enhance environmental safeguards and monitor human rights compliance in the mining industry.
De Guia recalled that on July 6, 2012, an inter-agency body was formed to implement and operationalize the mining policies of the government.
The inter-agency group is composed of the Presidential Human Rights Committee, Department of Justice, Department of Labor and Employment, Department of the Interior and Local Government, Mines and Geosciences Bureau, Environmental Management Bureau, National Commission on Indigenous Peoples, and the National Economic and Development Authority, she said.
Among the responsibilities of the group are the provision of mechanisms and clear guidelines to monitor human rights and labor rights violations; development of operational linkages with concerned government agencies, particularly CHR and DOLE; provision of assistance to victims; and initiation of actions against violators, she said.
She added that all businesses, including mining companies, are called upon to respect, protect, and remedy violations arising from their operations. This is consistent with the United Nations Guiding Principles on Business and Human Rights, she pointed out.
"Part of such obligation is studying how, where, and which parts of their operations affect human rights, and committing to provide remedy when things go wrong. We must stress that, in all contexts, human rights must be upheld," she said.