CHR Chairperson De Lima on OceanaGold Operations and the Human Rights in Nueva Vizcaya

THE COMMISSIONON HUMAN RIGHTS OF THE PHILIPPINES

on the Occasion of the Dialogue on OceanagoldOperations and the Human Rights Situation in Brgy. Didipio, Nueva Vizcaya

Provincial Capitol, Bayombong

Nueva Vizcaya, Philippines

05 November 2009

OPENING STATEMENT

delivered by

LEILA M. DE LIMA

Magandanghapon po sa inyong lahat!

Whatwe have before us today is a moment to examine not only all the issues beforeus that had given rise to an atmosphere of unrest and violence in BarangayDidipio, Kasibu, Nueva Vizcaya. We have on our table our practices in responseto this atmosphere. We must sift through in particular the bad or ineffectivepractices that all stakeholders have employed with unnerving repetition – andthat has paved the way for a protracted, unsettling human right situation. Whatcalls us to action now, more than ever, is the realization that the violencethat attends the dispute in Didipio is not only that it is appalling, but thatit was balefully familiar – and worse, it was predictable. It was clear back inJuly 2008 that at the trajectory taken back then, human rights violations wouldbe inflicted. More than a year later, ironically, some are still surprised thatviolations persist. This should not be the case.

Forsome of those represented here today, it is the actions taken that constitutethe practices that produce this deplorable outcome. For others, it is the lackof action that constitutes the practice. Finally, there are others, too, whohave simply employed less than effective practices. It is easy to designate whoare the villains and victims, especially when appealing through the media. Whatis several times more difficult is determining responsibility, accountabilityand what or who’s practices, by overt acts or by omission have contributed tothis deplorable human rights situation.

Everyonehas a contribution for the betterment or worsening of the conditions inBarangay Didipio, whether you are on the side of the local government, police,OceanaGold, the residents of Didipio or from the NGOs. For this reason, I askeveryone present today to unhinge yourselves from your own perspectives, tolisten with an open mind and accommodate the perspectives of the others – sothat further in the future, you can pave the way for a peaceful settlement ofthe dispute that surrounds Barangay Didipio.

Furthermore,our purpose is to see with clarity an overview of all the issues. It will beeasy to point the finger at other parties and assign blame to them. Nothing,however, produces more benefit than recognizing your own shortcomings, your ownpoor practices, and offering it to others for their scrutiny in order torectify those things that must be changed. What we unequivocally need is achange of the current situation. What we must unequivocally undertake is achange of current practice in dealing with the dispute. We must relegate intoatrophy those practices that fuel violence and human rights violations. Corollaryto this, we must initiate new and good strategies followed by repetitionthrough practice and develop the strength of effective interventions.

Thereare many matters that must be sifted through based on all the reports reachingthe central office of the Commission on Human Rights. First of thesemust be the evictions and demolitions that had taken place. We must determineunder what official governmental authorization, if any, had demolitions beensanctioned. Forced evictions, under the law may be made only under the auspicesof the local government and in limited circumstances, through court orders. Wemust investigate the basis of these demolitions. Where we find no governmentalauthority, we will find those who authorized the demolitions and scrutinizewhat justification they may or may not have.

Relatedto this first issue is the need to identify the role of the Philippine NationalPolice in these demolitions. What is very clear is that the PNP, in cases ofdemolition, is supposed to maintain peace and order, not instigate violence.Firearms are not allowed within the vicinity of demolition operations as thisis a direct contravention of the law governing the same. In particular, I wantto find out why allegedly the PNP works closely with the security personnel ofOceanaGold but not with the local residents. I have been very supportive of thePNP under the term of General Razon and now, General Versoza. However, mysupport does not in anyway temper castigation when it is needed. I have hauledthe PNP to public inquiries and I have not spared them where violations areapparent.

Second,we have to look into the extent of the FTAA and the rights granted toOceanaGold especially in relation to the occupation of the land covered in thesame. I have no doubt that private persons cannot take the law into their ownhands, and therefore, regrettably, I cannot look with favor at any incident ofdemolition or worse, arson conducted by individuals for the purpose ofasserting any right over the land. The FTAA is not a grant of land; it is not atransfer of title. Even if it were so, which it clearly is not, no one – andabsolutely no one – can employ such underhanded tactics to oust people fromtheir homes.

Third,we have to investigate the acts of the security personnel of OceanaGold.Allegations of harassment, threats and outright violence are not beyond thelong arm of the law and certainly not beyond my and our institution’s unquestioneddoggedness. The instances of violence are documented. The installation of fencesand checkpoints have to be justified. We saw them at our on-site visit and ocular inspection yesterday.  All acts that constitute bad faith,from those that create inconvenience to those that are brazen atrocities willbe unearthed.

Finally,we need to ask the relevant government agencies, such as DENR-MGB and NCIP and thelocal government to explain both what it had done to address the situationunfolding in their own backyard and what it has NOT done. I want to hear whathas not been done, but should have been done. We must have better, moreeffective interventions than just standing in line with the human barricade toprevent demolitions.

Thereare many more issues that need not be discussed in this opening statement, butrest assured, we will go through everything that we can possibly address. It isfor the benefit of the community and everyone involved that you speak up andsay your piece – because the Commission is preparing an official issuance andofficial, decisive action well before this dispute explodes into a full-scalehuman rights catastrophe.

Makeno mistake; the Commission on Human Rights is here to pursue all those who mustbe held accountable for the violations against human rights in Didipio. It mustunavoidably come as a forewarning that grievous acts or omissions cannot beignored. But over and above accountability, we must all remain transfixed onthe end goal, which is to restore the community to its peaceful existence,foster an atmosphere of harmony between the residents and outsiders, anddeliver progress to the people of Didipio through cooperation andcollaboration, and upstanding regard for the rule of law and human rights.

Thereare a vast number of fine examples of corporate enterprise working closely withcommunities. Profitability of projects goes hand in hand with developing thecommunities where projects are located. On the premise that private enterprisehas authority to develop natural resources in a given area, the benefits gainedfrom these resources must unmistakably redound to everyone, especially thecommunity. Corporate social responsibility, as the center of any naturalresource development, is at its core, a human rights enterprise. Strengtheningties with the local community promotes the development in relation to bothenterprise and community. This has been the basis for templates ofenvironmental protection, community development, rural education, livelihoodand host of other human rights-related endeavors.

Again,the end goal is to restore the community to its peaceful existence, foster anatmosphere of harmony between the residents and outsiders, and deliver progressto the people of Didipio. This can only be done if we shed the obviouslydetrimental practices that we have employed over the years since this disputeerupted. I cannot imagine anyone here, who is brave enough to stand and fight,who does not want a peaceful settlement of the situation. If you are with me onthis, then let’s deliver peace through cooperation and collaboration, andupstanding regard for the rule of law and human rights.

Maramingsalamat po!