SEPT.

28, 2013

NR # 3240B

Solon seeks govt legal actions vs. three mining firms in Nueva Vizcaya for human rights violations
House Deputy Speaker and Nueva Vizcaya Rep. Carlos Padilla has sought immediate government legal actions against three mining companies in his province for committing human rights violations with impunity against local residents. The residents of Nueva Vizcaya have suffered much and for a long time. Ten years or so of living along barricades, not reneging on their simple desire to protect their homes and farms from aggression brought about by business is a long time, said Padilla in a privilege speech. For one, Padilla sought the immediate deportation of Brennan Lang, general manager of mining company Oceana Gold, for what the solon said were the mining executives acts inimical to the people of Didipio in Kasibu municipality. Padilla said Lang ordered security guards of Oceana Gold to arrest and detain farmer Eduardo Licyayo for refusing to sell his farm to the mining company. I wonder, Mr. Speaker if a court order is required for a warrant to issue, as Brennan Lang seems to have assumed the role of judge when he issued the order to arrest Licyayo. Brennan Lang should immediately be deported for acts proved to be inimical to the people of Didipio, and Oceana security guards should be punished for arresting and detaining Licyayo upon the orders of Lang, said Padilla. The lawmaker said the company is the same Oceana that was found by the Commission on Human Rights, headed by then Leila de Lima, now justice secretary, to have committed human rights violations against a number of Indigenous People (IP) inhabitants of Didipio. The same recommendation to cancel Oceanas Financial or Technical Assistance Agreement (FTAA) was officially endorsed subsequently by the current CHR Commissioner Etta Rosales according to him. In a recent Policy dialogue on human rights, IPs and mining which was participated in by IPs from all over the country, Chairperson Rosales categorically upheld the findings of the CHR then under Chairperson De Lima, over the Oceana case according to Padilla. We call on President Aquino to adopt the recommendation of the CHR to terminate Oceanas FTAA submitted a few years back as said report remains valid, said Padilla. Padilla also called on the Bureau of Internal Revenue (BIR) to investigate Oceana Gold for violating the Internal Revenue Code by not declaring the true value of its exports and shortchanging the government in the payment of excise taxes. Even the use of its Corporate Social Responsibility (CSR) funds and other corporate resources for indirectly bribing barangay officials, community leaders and politicians must be investigated by the appropriate agency, said Padilla. Based on reliable sources at the BIR of Nueva Vizcaya, Padilla said the only basis for the computation of excise tax that Oceana is supposed to pay are the documents that it submits to BIR.

Padilla said no ocular inspections are conducted to establish the true value and price of the cargo. He said there is no BIR representative at the mining site where minerals for export are loaded for transport. And while an average of 30% is the excise tax imposed in some countries, the Philippines settles for a measly 2%. While Oceana has the propensity to commit human rights violations and destroy the environment, it is far from becoming a model company when it comes to proper tax payment. Maliwanag na nanloloko ang mga kompanya ng pagmimina, Mr. Speaker. Hindi sila nagbabayad ng tamang buwis! Bakit pumapayag ang gobyerno na lokohin ng mga kompanyang ito? said Padilla. Meanwhile, Padilla also called for the immediate cancellation of the exploration permit of another mining company, Royalco Resources, Ltd. He said 10 years of not being able to conduct exploration activities because of the resistance of the residents is sufficient to prove that the people do not want mining in Nueva Vizcaya. Royalco Resources Ltd. illustrates a seeming collusion of state agents with private business where the military allows its men to be used by a private company for its own purposes. Reports of human rights violations as a result of this collusion have been received by this representation, said Padilla. He said in another front, a few months ago, in Barangay Runruno in Quezon town of Nueva Vizcaya, the FCF Minerals Company, through the use of force, bulldozed the homes and farm lots, and in the process inflicted injury to some hapless IP residents. Continuing research has led me to entertain the idea that the state is not only remiss of its duty to protect human rights. Worse, it allows its agents to be used by these companies to protect private business interest. While mining may now be present in Nueva Vizcaya, the residents wont allow further desecration of their lands, said Padilla. Padilla said he recently attended a Policy dialogue on human rights, IPs and mining which was participated in by IPs from all over the country wherein CHR Chairperson Rosales discussed the Ruggie Framework on business and human rights. The framework is a proposal of UN Special Representative John Ruggie. Said framework was endorsed by the UN Human Rights Council as the guiding principles in business and human rights which established the global standard of practice for all states and business establishments in addressing human rights. He explained the Ruggie framework has three pillars, namely: The states duty to protect its people against human rights abuses by third parties including business enterprises; Corporate responsibility of business to respect human rights; and Effective access to remedy both judicial and nonjudicial. In the province of Nueva Vizcaya, I do not understand, the people do not understand why the mining companies seem to violate human rights with impunity. Let us put an end to the people's using non-legal means in favor of legal remedies. Let us, for once, prove that our laws provide us protection better than barricades do, he said. (30) mrs