The Commission on Human Rights (CHR) calls for compliance with Human Rights-Based Approaches as part of sustainable development efforts in the utilisation of natural resources, particularly in the context of the recent issuance by Executive Order (E.O.) No. 130 dated 14 April 2021 lifting the moratorium on new mineral agreements in the Philippines.

Such includes ensuring that the Philippine government guarantees the absolute participation of the Filipino people in making decisions on the exploration, development, and utilisation of natural resources, such as minerals.

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.

The generation of revenues from mining through taxation and other means should eventually be translated into programmes, which should also be developed and implemented with the meaningful participation of the said communities.

We equally expect the Department of Environment and Natural Resources to put in place additional rules and processes to enhance environmental safeguards in the course of mining activities as mandated in the said EO lifting the mining moratorium.

In addition, the CHR expects that its partner agencies would already fully operationalise the standards of monitoring human rights compliance in the mining industry.

The inter-agency group includes 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.

The said inter-agency body was formed pursuant to the Memorandum of the Executive Secretary dated 6 July 2012, addressed to the Cabinet Cluster on Human Development and Poverty Reduction, to implement and operationalize the mining policies of the Philippine Government as stated in Executive Order No. 79, s.2012, including the following:

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 DOLE, inter alia:
3. To ASSIST victims; and
4. To take APPROPRIATE ACTION against violators.

Consistent with the UN Guiding Principles on Business and Human Rights, businesses, including mining companies, are called upon respect, protect, and remedy violations arising from their operations. 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. ###