Commission on Human Rights

·o.:...,_,....,..,_,_-~-=l~~..,l==::::.!t<"'""=:c::~==:c..=-.-r....::::::::=::::=>:=::::!:....--=:-::'-::::=;::,o-:--"~-::-:>_=====-~~=,....-·--~==·=~,.=='-===·=··-,.-'~'"~·==i=--.,;:r.~"""""===-"''"====--===-- ·•-·-·======'""''"-=>== On Philippine Agribusinesses' Responsibility to Respect Human Rights: Empowering the Farmers and other Persons Working in Rural Areas by Atty. Jesus Gardiola Torres 1 Prefatory Human rights are inherent to every human person. On this premise alone, it is correct to say that human rights subsist in any human activity. In this paper, we look into one of the Philippines' major economic activity, agriculture, and examine the interplay of rights-holders and duty-bearers through an evaluation of the country's recent state policies particularly in promoting agribusiness. We then clarify how human rights standards should be observed in the agricultural policy-making process and eventually move forward the discussion on the extent of agribusiness' responsibility to respect human rights, in line with the current debate at the international community on making human rights legally binding on businesses, particularly transnational corporations. Statement and Background of the Problem The current research is part of the plan to address the issues raised during the 5th Regional Meeting2 on Human Rights and Agribusiness held in Puerto Princesa, Palawan, Philippines last November 5-6, 2015 that resulted to the adoption of what is called the "Palawan Statement", 3 which provides, among others, that: "Growing global concern about land grabbing and land investments is not being matched with mandatory controls and enforceable standards. There is growing inequity in the region both in terms of income and access to lands and forests. South East Asia lags behind other regions in terms of forest areas allocated for community forestry and lands securely recognized as belonging to indigenous peoples. Large-scale land allocations for timber plantations and agribusiness continue to be given priority over communities' rights, livelihoods and local food security. There is widespread corruption by corporate and government officials in land concessions and land titling. Despite notable advances in the evolution of voluntary standards, significant gaps remain in the framework of law for making human rights binding on agribusiness." In the same 5th Regional Meeting, the participants narrated common causes of complaints attributed to the operations of agribusiness companies, such as: • • • • 1 2 3 land grabbing and encroachment on ancestral domains and lands environmental degradation breach of contract unconscionable terms and conditions in agribusiness venture agreements Atty. Jesus Gardiola Torres is currently the chief of the Economic, Social and Cultural Rights Center of the Commission on Human Rights of the Philippines (ESCRC-CHRP). He is a practicing lawyer who started working with CHRP in 2011, having hurdled the Philippine Bar Examination of 2010. He is a proud alumnus of the University of Perpetual Help College of Law (Biiian, Laguna Campus) and the De La Salle University College of Liberal Arts (Dasmariiias, Cavite Campus), where he has been at the top of his class. Atty. Torres' research interests include protection and promotion of economic, social and cultural rights, application of alternative modes of dispute resolution, settlement of land and social conflicts, environmental law, redress mechanisms and business and human rights. The meeting was attended by 93 participants who were drawn from the South East Asian National Human Rights Institutions Forum (SEANF), UN Permanent Forum on Indigenous Issues and from supportive civil society and international organizations, including from Bangladesh, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines and Thailand. The meeting was convened by the Commission on Human Rights of the Philippines (CHRP) and the Coalition Against Land Grabbing (CALG) of Palawan, with the support of the Forest Peoples Programme (FPP) and the Rights and Resources Initiative (RRI). Attached as Annex "A" 1 -,~--"'=-==--==""-"'