The Rule of law and the environment

By Valentine Morales

Caraga is a flourishing region rich in natural resources. The region’s biggest resource
lies beneath its fertile lands. Caraga has the country’s largest fresh water wetland, the
largest mangrove swamp and the widest waterfalls lie within its boundaries. But with
such resources it can be an object of exploitation that leads to not only environmental
degradation but also injustice and the violation of human rights.

The most pressing and trending issue at present concerning the environmental
challenges in Caraga Region is the issue on mining. Mining activities and operations
does not only affect the environment but also it carries various, economic, social and
cultural impacts. Mineral exploitation carries with it disruptive and destructive impacts to
the ecosystems or our biodiversity, not to mention the negative impacts to the
inhabitants of mined areas specifically the indigenous people and their ancestral lands
or domains. Other negative impacts of Mining could also lead to the decline of quantity
and quality of potable water. The growth in the conduct of illegal logging in watershed
and forest reserves in the region leads to problems of flash floods, very high water
levels which have disastrous effects to the livelihoods of the community, frequent
landslides and soil erosion that took a lot of lives.

The struggle for the call of environmental protection and preservation is real and very
relevant in this present time. Environmental laws have been put in place to deal with
specific areas on the preservation and protection of our natural resources. There are
also laws that deals with various issues that are the effects related to the exploitation of
the environment particularly the plight of the indigenous people and the threat it poses
to their basic rights, culture and heritage.

The role of the rule of law is to uphold the mandate of the Constitution which provides
that “right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature”. The Mining Act of 1995 likewise reiterates these Constitutional
policies which provides that “All mineral resources in public and private lands within the
territory and exclusive economic zone of the Republic of the Philippines are owned by
the State. It shall be the responsibility of the State to promote their rational exploration,
development, utilization and conservation through the combined efforts of government
and the private sector in order to enhance national growth in a way that effectively
safeguards the environment and protect the rights of affected communities.” The
Constitution recognizes the right of the people to a healthy environment this right been
made the basis of remedies by actual or potential victims of environmental damage and
is emphasized through the land mark case of Oposa vs Factoran in which the Supreme
Court held that that such right is “no less important than any of the civil and political
rights enumerated in the Bill of Rights.” The Court also introduced in this case the
doctrine of “intergenerational responsibility,” allowing minor parties “to sue in behalf of
succeeding generations.”

The rule of Law to ensure that rights are protected and is used as a tool to punish those
who violate it. But the problem lies between governance and its strict implementation.
The abundance of natural resource and the clamor for its exploitation without regard to
its negative impacts provokes social unrest and environmental distress. Therefore the
rise of conflict and injustice such as long delayed government action in addressing the
plight of the lumads affected by armed conflict due to power struggle in ancestral
domains or land disputes rich with mineral resources, forestry laws that conflict with the
Indigenous Peoples Right Act, provided that the biggest work force in Caraga are
farmers and indigenous people who are dependent on land and water for survival.

The road less traveled is the road to peace and harmony. Every day we see conflict in
the news, in our society and even in our own backyard. Yet we fail to recognize or
analyze the roots of these conflicts. The role of conflict analysis is the central basic
principle in understanding the component of conflict sensitive practice. People or rather
the government and society itself needs to embrace the importance of addressing the
need for peace by reaching a common gal or vision in which both or all parties may
mutually benefit without any negative impacts that may breed injustice and exploitation
or abuse.

The question now is how do we use the law to transform conflict into peaceful realities?
The rule of law is our guide to peace and conflict transformation. It is used a s a tool for
communication and empathy towards a more sustainable development and a healthy
environment. Attaining peace using conflict sensitive measures would enable to give
peacebuilding a chance in transforming conflicting issues, ideology and beliefs. Caraga
Region and its diverse cultures and traditions should adhere in integrating conflict
sensitivity in development. The divide and rule tactics of exploiters would only serve to
aggravate problems. The rule of law must uphold the integrity and importance of each of
our basic and fundamental rights. The need for a clear understanding that is commonly
agreed upon to promote a collective or mutual agreement that could benefit all without
negative outcomes to maximize positive impacts.