You are on page 1of 4

Page 1

Title: Change in to for


Recommendation:
5TH WHEREAS CLAUSE: Indicate the Memorandum Number and the
Department that issued the memorandum.
#2 of the 5th WHEREAS CLAUSE: Spell out CHR and DOLE
Before Article 1, insert definition of the following terms:
Indigenous people
Indigenous cultural communities
Large scale mining
Small scale mining
Human Rights
Forum
Doctrine of Separate Juridical Personality
Piercing the veil of the Corporate Fiction
Substantial Evidence
IP Integrated Rapid Response Program
Pre-exploration
Exploration
Mine Development/construction
Commercial production
Mine decommissioning
Rehabilitation
Page 2
Article 1, Section 1 (1st par.)
The State has the obligation to respect, protect and fulfill all human rights,
some of which are the rights to life, liberty, property, and security of all
persons. Thus, the State shall provide adequate, effective and efficient
remedies from any forms of abuse and violations of all rights committed by a
natural person or a juridical entity, public or private, domestic or foreign
within the territory of the Philippines.
Section 1 (2nd par.)
For purpose of these guidelines, private juridical persons and private
individual persons, representing an organization/institution, by themselves or
as a group or community involved in all the processes of mining in all its
stages are recognized as duty-bearers.
Section 2 (2nd par.)
The state recognizes that human rights subsume labor rights, environmental
rights and the IPs/ICCs individual and collective rights.
Section 3 (1st par.)
Core agencies and attached agencies are hereby identified as having the
mandates to effectively and efficiently respect and remedy abuses and
violations thereof in the mining industry. They are as follows:

Page 3
Section 3 (3rd par.)
Nothing in these guidelines shall prevent the participation of other
government agencies having relevant mandates, roles and capabilities to
respect, protect and fulfill human rights and remedy abuses and violations
that occur in the mining industry.
Article 2, Section 1 (1st par.)
Upon effectivity of these guidelines, each of the core agencies shall designate
at least one focal person in its central and regional/field offices that have
responsibility or jurisdiction over areas where mining activities are being
conducted. Such designation highlights the concept of accountability and
active linkage among agencies, premised on the idea that accurate data is
necessary in the prevention of human rights violation and in properly
addressing violations that already occurred.
Par. 2 Recommendation:
Relevant background, training and experience required must be specified in
the guidelines. This must also be included as part of the qualifications of the
focal person.
Par. 3 Recommendation:
Enumerate the needed qualification for focal persons.
The person who will head a team of focal person must have a higher degree
of qualifications than that of a regular focal person. Qualifications must not
be limited to its previous position held but must include also field of study
required, educational background, training and work experiences.
There should also be a separate section enumerating the functions of a focal
person.
Section 1 (a) Change the paragraph to:
To identify, rationalize and consolidate all human rights cases available in the
respective agency that have relevance on the impact of the mining activities.
Section 1 (b) Change the paragraph to:
To propose human rights plans and program following a right-based approach
pursuant to the mandate of respective agencies.
Section 1 (C) Change the paragraph to:
To monitor regional, local and national human rights situations in their
respective areas and shall serve as their agencys representatives in interagency fact-finding missions or investigations.
Section 1 (d) Change the paragraph to:

To develop documents and internal standard operating procedures necessary


in gathering, monitoring and reporting human rights cases in mining industry;
provided that operating procedures shall be made known and available to the
respective agencies herein and to the public.
Page 4
Section 2 (1st par.)
An institutionalized permanent Inter- Agency Monitoring Forum for the
observance of human rights in mining industry shall herein be referred as the
Forum and is composed of the following:
Chairman: Secretary of Environment and Natural Resources, or
representatives
Co- Chair and Permanent Secretariat: Undersecretary of the Presidential
Human Rights Committee, or representatives;
Members:
Secretary of Labor and Employment or representatives
Secretary of Justice or representatives
Secretary of the Interior and Local Government or representatives
Chairperson of the National Commission on Indigenous Peoples or
representatives
Chairperson of the Commission on Human Rights or representatives
The Secretary of Environment and Natural Resources may designate his
representative in any meeting of the forum.
In addition to its role as co-chair, the PHRC is likewise designated as the
permanent Secretariat of the Forum. Any and all data on human rights issues
in the mining industry should be submitted to the PHRC for consolidation.
Section 2 (4th par.)
The Forum shall be the venue for sharing of data on the impact of mining
activities on human rights. It shall facilitate a discussion to ensure that all
policies, laws and administrative issuances shall conform to human rights
standards to curtail violations and abuses at an early stage.
Section 2 (5th par.)
Government agencies, academe, cause-oriented groups, mining companies
and other non-governmental organizations may be invited as resource person
by the Forum to ensure multi-disciplinary, multi-sectoral and gender-balanced
approach in its discussions; provided that the rationale for and such invitation
must have been properly taken up among the members of the Forum
beforehand.
Page 5
Section 2 (7th par.)
The Forum shall harmonize the internal rules and procedures of each agency
in the sharing of relevant data, without prejudice to their institutional
independence. It shall level off, define and agree on common implementation

of a proactive and responsive IP Integrated Rapid Response Programme to


address IPs/ICCs human rights issues and concerns in mining-affected
ancestral domains. This leveling off should coincide with the six(6) month
period when initial generation of data, mentioned in Article 4, Section 1
hereof, is being done.
Recommendation: Delete Section 3. This should be incorporated in Section
2 of Article 2 of this guideline.
Section 4. (a) Change to:
a.) To

include the case or incident in the database


a violation or abuse must have a causal relation with a mining activity
as determined by the focal persons and/or the CHR
relevant complaints from IPs/ICCs shall be immediately be included in
the database, subject to validation of the National Commission on
Indigenous People (NCIP).

Section 4. (C) Change to:


In determining whether a case involves a mining-related human rights
violation, any of the following may be considered:
the material allegations of a complaint or any other initiatory
instrument;
the type of relief prayed for if any;
the law, rule, regulation or standard invoked or cited therein,
regardless of whether the complainant/initiator is entitled to redress in
the violation of his/her human rights; and or
any other sources
Cases filed with any of the agencies involved in the present undertaking
wherein a mining company is directly or indirectly implicated in the extrajudicial killing, torture, enforced disappearance, harassment and threats,
displacement of indigenous peoples and other communities, among other
relevant cases, as a result of, or during the conduct of the mining operations
shall be prima facie considered to be a mining-related human rights concern.