upon by outsiders and have been subjected to development
aggression.78
79. In the Philippines, although IPs are estimated to make up 17% of the
population, most of the country’s remaining biodiversity is located in their
domains, where most of the large-scale mining companies operate. This
situation is not unique to the Philippines.
80. In several Observations,79 the UN Committee on the Elimination of all
Forms of Racial Discrimination (UNCERD) raised its apprehension about
the impact of large-scale extractive industries on IPs and the HR abuses
committed by the investors, in many cases, with the support of States
who have put their security forces at the disposal of corporations.80 The
UNHRC81 and the UNCESCR82 had similarly decried corporate plunder of
indigenous resources in their own Observations. Professor S. James Anaya,
former UN Special Rapporteur on the Rights of IPs, said that “even the most
isolated indigenous groups are now threatened by encroaching commercial,
government, or other interests motivated by prospects of accumulating
wealth from the natural resources on indigenous lands.”83 Professor Rodolfo
Stavenhagen, also a former UN Special Rapporteur on the Rights of IPs,
visited the Philippines to look into the situation of IPs. In his report, he
claimed:
The Special Rapporteur was informed that indigenous areas are
frequently subject to sweeping military operations to clear the
way for future development projects, be they mining, logging, or
large-scale plantations on indigenous lands, while government
sources claim that these military operations are part of the fight
against the insurgents. Thus, tribal areas are combed by the
military once or several times in anticipation of the activities
78 Center for Social Action and Concern of De La Salle University, A Briefing Paper on Lumad Issues, in PALASO (Vol. 1, Issue 1,
October 2015), at 3, available at http://www.dlsu.edu.ph/offices/cosca/pdf/palaso-%20oct2015-Lumad-hq.pdf.
79 See, for instance, Committee on the Elimination of all Forms of Racial Discrimination, Concluding Observations/Comments
on Nigeria, CERD/C/NGA/CO/18 01/11/2005; Committee on the Elimination of all Forms of Racial Discrimination, Concluding
Observations/Comments on Guatemala, CERD/C/GTM/CO/11 15 May 2006; Committee on the Elimination of all Forms of Racial
Discrimination, Decision 1(68), United States of America, (Early Warning & Urgent Action Procedure). CERD/C/USA/DEC/1, 11 April
2006; Committee on the Elimination of all Forms of Racial Discrimination, Concluding Observations/Comments on Guatemala,
CERD/C/GTM/CO/11 15 May 2006; and Committee on the Elimination of all Forms of Racial Discrimination, Concluding
Observations/Comments on Guyana, CERD/C/GUY/CO/14 4 April 2006.
80 Committee on the Elimination of all Forms of Racial Discrimination, Concluding Observations/Comments on Nigeria, CERD/C/
NGA/CO/18 01/11/2005.
81 See, for instance, UNHRC, Concluding Observations on Sweden, UN doc. CCPR/CO/74/SWE (2002); UNHRC, Concluding
Observations on the Philippines , 1 December 2003, CCPR/CO/79/PHL; UNHRC, Concluding Observations on Colombia, 26 May
2004, CCPR/CO/80/COL; UNHRC, Concluding Observations on Thailand, 8 July 2005, CCPR/CO/84/THA; and UNHRC, Concluding
observations on Brazil, 1 December 2005, CCPR/C/BRA/CO/2.
82 As, for instance, UN Committee on Economic, Social and Cultural Rights (CESCR), Concluding observations on Venezuela,
21 May 2001, E/C.12/1/Add.56; UN Committee on Economic, Social and Cultural Rights (CESCR), Concluding observations on
Panama, 24 September 2001, E/C.12/1/Add.64; UN Committee on Economic, Social and Cultural Rights (CESCR) Concluding
Observations on Colombia, 30 November 2001, E/C.12/Add. 1/74; UN Committee on Economic, Social and Cultural Rights
(CESCR), Concluding Observations on Brazil, 26 June 2003, E/C.12/1/Add.87; UN Committee on Economic, Social and Cultural
Rights (CESCR), Concluding Observations on Ecuador, 7 June 2004, E/C.12/1/Add.100; and UN Committee on Economic, Social
and Cultural Rights (CESCR) Concluding observations the Russian Federation, 20/05/97. E/C.12/1/Add.13, at para. 29-30.
83 S. JAMES ANAYA, INDIGENOUS PEOPLES IN INTERNATIONAL LAW 4 (2004).
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