The rights of indigenous peoples are under threat. The United Nations Committee on the
Elimination of Racial Discrimination (2009) found persistent human rights violations against
indigenous peoples, who continue to be disproportionately affected by armed conflict. The
Committee noted the occupation of indigenous territories by the armed forces and armed
groups and the adverse effects of internal displacement on indigenous peoples' livelihoods,
health and education. The Committee also found the application of the Regalian doctrine to
indigenous property inconsistent with the rights under the Indigenous Peoples' Rights Act
(IPRA) and that the Mining Act of 1995 significantly undermines IPRA. The Committee found
unduly burdensome the process for claiming collective land titles; the Committee further found
that the implementation of consultation processes to secure Free, Prior and lnformed Consent
of indigenous peoples for infrastructure and natural resource exploitation projects was
inadequate.
The Committee on Economic, Social and Cultural Rights (2008) expressed concern over the
"adverse etfects [ofl economic activities connected with the exploitation of natural resources,
especially mining operations, carried out in indigenous territories [on] the right of indigenous
peoples to their ancestral domains, lands and natural resources," and "the conflict of laws
between the 1995 Mining Act and IPRA."
The Committee on the Rights of the Child (2009) noted the failure to address the social and
environmental impact of the Mining Act particularly on the situation of children, who are "being
acutely affected as families are removed from mining areas, indigenous people are being
deprived of their ancestral lands and highly polluting technology is being utilized."
The
Righb of Migrant Peaons and Members of TheirFamilies
The rights of Filipino migrant workers and their families remain largely unfulfilled. The United
Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their
Families (2009) found continued abuse and exploitation of Filipino migrant workers, especially
women migrants, the unwillingness of Filipino migrants to file cases of abuse against their
employers abroad for lack of trust in the justice system or fear of retaliation and unfamiliarity
with the redress possibilities, and documented cases where embassy/consulate personnel
abroad did not properly assist their nationals.
The Committee, like the Committee on the Elimination of Discrimination against Women (2006),
expressed concern over the continued feminization of migration or the employment of women
in gender-specific industries such as care givers, entertainers and domestic workers where they
are vulnerable to physical, sexual, and verbal abuse, unpaid/delayed/underpaid wages, and
may face inequitable working conditions. The Committee on the Elimination of Discrimination
against Women specifically identified the vulnerability of "women workers who migrate to other
countries and regions in search of work opportunities through informal channels ... to
becoming victims of various forms of exploitation, violence and trafficking," and the absence of
bilateral agreements and memorandums of understanding with all countries and regions to
which Filipino women migrate. The Committee on Economic, Social and Cultural Rights (2008)
found that overseas Filipino workers often face discriminatory treatment and abuse, particularly
women migrant workers employed as domestic workers, nurses and care-givers, who often
become victims of psychological abuse, physical and sexual violence and slavery-like working
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