DUE%20DILIGENCE%20PROCESS%20WITHIN%20INDIGENOUS%20CULTURAL%20COMMUNITY%20CONTEXT:%20THE%20PHILIPPINE%20EXPERIENCE - PowerPoint PPT Presentation

About This Presentation
Title:

DUE%20DILIGENCE%20PROCESS%20WITHIN%20INDIGENOUS%20CULTURAL%20COMMUNITY%20CONTEXT:%20THE%20PHILIPPINE%20EXPERIENCE

Description:

The Philippine Constitution recognizes the rights of indigenous peoples. The Indigenous Peoples Rights Act guarantees their self-determination and self-governance. ... – PowerPoint PPT presentation

Number of Views:60
Avg rating:3.0/5.0

less

Transcript and Presenter's Notes

Title: DUE%20DILIGENCE%20PROCESS%20WITHIN%20INDIGENOUS%20CULTURAL%20COMMUNITY%20CONTEXT:%20THE%20PHILIPPINE%20EXPERIENCE


1
DUE DILIGENCE PROCESS WITHIN INDIGENOUSCULTURAL
COMMUNITY CONTEXTTHE PHILIPPINE EXPERIENCE
2
I. Philippine Context in which Mining Companies
Operate
  • The Philippines is an archipelago made up of
    thousands of small islands and densely populated
    of 277 people per square kilometer.

Philippines
Philippines Map
3
THE PHILIPPINES
  • A magnet of investments in mining
  • one of the five top countries in terms of
    attractive mineral potentials
  • BUT
  • one of the 10 worst government minerals policies
    in the world
  • 319 mining agreements already issued
  • 2600 pending applications for large-scale mining

4
II. Context for Corporate Impact on and
Responsibility for Human Rights
  • A. Environmental Context
  • Rich in biodiversity and host of endemic species
  • Vast tracts of land declared as protected areas
    and ancestral domains
  • Mine tailing wastes pollution contaminated 14
    major river systems
  • Mudslides bury alive inhabitants and villages

5
B. Cultural and Political Context
  • Ancestral domains are the fundamental source of
    life for indigenous peoples. They are the basis
    of their cultural and personal integrity, dignity
    and unique identity.
  • Traditional leadership patterns, institutions and
    processes for decision-making and participation
    are still alive and valid in their communities.

6
C. Economic Context
  • Target areas for mining are farmlands and fishing
    grounds
  • Mining activities resulted to the 30-90 decline
    in weekly income
  • Jobs created by mining activities were only 0.4
    of total employment
  • Revenues collected from mining corporations are
    less than 1 of total government revenues.

7
D. Legal Context
  • The Philippine Constitution recognizes the rights
    of indigenous peoples.
  • The Indigenous Peoples Rights Act guarantees
    their self-determination and self-governance.
    This also requires their Free Prior and Informed
    Consent before any activity takes place within
    their ancestral domains
  • Also, ILO Convention 169 and UN Declaration on
    the Rights of Indigenous Peoples require their
    Free, Prior and Informed Consent (FPIC)
  • These national and international mechanisms are
    good BUT they are neither properly implemented by
    State authorities nor are they properly observed
    by corporations.

8
  • Large-scale Mining has severe impact on the civil
    and political rights as well as economic, social
    and cultural rights of indigenous peoples
    communities and it does not bring about wealth
    and development to the country as a whole either.

9
III. What can Due Diligence Process do to Remedy
and Prevent such Negative Effects on Civil and
Political Rights as well Economic, Social and
Cultural Rights?
  • The due diligence process is a good concept but
    is not seen to be happening in mining communities
    dominated by indigenous peoples in the
    Philippines
  • To make the concept work, companies should
    consider the following recommendations

10
  • Companies need to understand thoroughly the
    diverse cultures, traditions, beliefs, practices
    and aspirations of indigenous peoples.
  • To do so, they need to exert more efforts to
    understand these and allow more time for the
    communities to have more consultations and build
    consensus from among themselves.
  • Companies need to consider the following norms
    and practices of Indigenous Peoples on how they
    fit into the Due Diligence Process 
  • The Indigenous Peoples Rights on Ancestral
    Domain, Cultural Integrity and Right to
    Self-Determination and Governance guided by
    Customary Laws. These necessitate a series of
    dialogues and consultations with the indigenous
    communities

11
  • Participation of the Indigenous peoples in the
    decision-making processes should primarily be
    through their indigenous socio-political
    structures.
  • Transparency and clarity in the conduct of free
    prior and informed consent (FPIC) process can
    ensure support from indigenous peoples. Language
    used should be understandable by the community.
    If not, conflicts will escalate.
  • Likewise, the companies shall be transparent of
    their plans, projects, policies and contracts to
    the communities.

12
CHALLENGES TO SRSG AND UN MEMBER-STATES
  • The SRSG should take up these recommendations in
    his next report in operationalizing the due
    diligence principle
  • UN Member-States should legislate and implement
    policies which ensure that home and host
    companies observe due diligence principles

13
  • If the UN wants to lead intellectually and by
    setting expectations and aspirations to close the
    governance gaps in business and human rights, as
    John Ruggie rightfully stated in his report of
    April 2008, it should think of some mechanisms to
    hold corporations accountable on an international
    level where national means have proven to be
    inefficient.

14
Thank You!
Write a Comment
User Comments (0)
About PowerShow.com