It is concerning that the mining operation in Banaybanay, Davao Oriental has resulted in massive siltation and discoloration of the Mapagba and Pintatagan rivers. The water from the said rivers drains into the Davao Gulf, which may also affect coastal areas nearby, including the fishers who rely on these waters. Findings by the Davao Oriental provincial government reports that the said rivers turned into orange colour due to nickel laterite from the mining site following a heavy downpour on 13 January 2022.

The Commission on Human Rights (CHR) commends the decision of the Department of Environment and Natural Resources (DENR), upon the recommendation of its regional office and the Mines and Geosciences Bureau, and Environmental Management Bureau, to suspend the operations of the mining company involved. The DENR reports that a cease and desist order has already been issued and that results of an investigation will be submitted for adjudication through the Pollution Adjudication Board for possible penalties and corrective action.

CHR also recognises the resolve of Davao Oriental Governor Nelson Dayanghirang in protecting communities from the long-term effects of irresponsible mining by calling for the cancellation of the permit of the mining companies who caused extensive pollution of the rivers. This demonstrates giving premium to the long-term welfare of the people instead of merely seeing the economic benefits of the mining industry.

CHR, for its part, has been firm in its call to faithfully implement relevant laws—including the Indigenous Peoples’ Rights Act; the Local Government Code; and on Environmental Impact Assessment, even the need to craft new laws and policies if needed—to assert the importance of protecting a safe and healthy environment conducive to the realisation of all human rights in communities.

Especially in light of the lifting of the mining moratorium, DENR, as well as the interagency body formed by Executive Order No. 79, s.2012, needs to be more relevant in enforcing their mandate to: 1) provide mechanisms and clear guidelines to monitor human rights and labour rights violations; 2) develop operational linkages with concerned government agencies, particularly CHR and Department of Labor and Employment, inter alia; 3) assist victims of violations of mining policies; and 4) take appropriate action against violators.

We hope that both the national and local government will take similar decisive action to protect and defend the environment for similar incidences.

At the same time, while there has been a report that the mining companies involved have started desilting operations at the Mapagba River, as well as its plan for reforestation and rehabilitation in the area, CHR continuously reminds the need to be proactive in taking steps for environmental protection.

We stress that even mining companies are called to respect, protect, and remedy violations arising from their violations and related transgressions arising from their operations. This obligation to uphold human rights is consistent with the UN Guiding Principles on Business and Human Rights.

Corporations and businesses must continuously demonstrate its commitment to protect the environment. Economic development can only be genuinely achieved through a healthy and sustainable environment that can support the life and welfare of the people. ###