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•
Palm oil expansion in Palawan (Region IV), where cause-oriented groups has demanded a
moratorium on such expansion from the government;
•
The palm oil industry in the Municipality of Opol, Misamis Oriental (Region X);
•
Cases of child labor in oil palm plantations in Agusan del Sur (Region XIII), where Filipinas
Palm Plantation Plantation, Inc. (FPPI) and Agusan Plantation, Inc. (API) operate.
The complaints of communities against agribusiness firms are land grabbing and encroachment
on ancestral domains and lands; environmental degradation; breach of contract; unconscionable terms
and conditions in agribusiness venture agreements; corruption of government officials; threats to one's
personal security and freedom of movement; circumvention of government processes, particularly
those on obtaining free, prior and informed consent of indigenous peoples; and labor and social
legislation issues, such as on child labor, nonpayment of minimum wage. Such complaints pertain to
justiciable causes of action, which may be brought to the proper forum such as the courts or the
respective quasi-judicial agencies that are mandated to implement the applicable laws violated. Even
the Human Rights Council would recommend that existing redress mechanisms should be availed by
the marginalized and the vulnerable.89 It recommends that:
"In the event of human rights violations, victims could make better use of
existing national, regional and international monitoring mechanisms, possibly with the
support of national and international non-governmental organizations and national
human rights institutions. Regional and national monitoring mechanisms have ali-eady
proven to be very useful for the implementation of the rights of people working in rural
areas. New international instruments, such as the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights adopted by the General Assembly in
December 2008, will offer new possibilities for access to justice at the international level.
And the Human Rights Council should consider creating a new special procedure to
improve the promotion and protection of the rights of peasants and other people
working in rural areas. "(Emphasis ours)
Still, there are practical barriers for the communities to pursue legal remedies, such as lack of
competent legal assistance, inability to shoulder costs in preparing for the case and collecting evidence,
threats from powerful government officials who are behind the illegal activities, among others.
On the other hand, the current efforts of the international community to finalize a declaration on
the rights of peasants and other people working in rural areas is in itself the result of a gap analysis
spearheaded in such universal extent.90 To fill in the gap, the United Nations Human Rights Council has
recommended that the right to land and other natural resources should be recognized in international
human rights law. There is now a movement to make peasants and rural dwellers as a class that renders
"Free, Prior and Informed Consent" particularly for development activities, regardless of their being
part of indigenous communities. Recognition for other significant areas of human rights are being
sought, such as the rural dwellers' rights to the means of production in the form of seeds and other farm
inputs. The full text of the Draft Declaration as of May 2016 is attached herewith as Annex "H."
89 Human Rights Council Advisory Committee (January 18, 2012) op. cit., page 18
90 On May 17 to 20, 2016, the third session of the open-ended intergovernmental working group on a United Nations
declaration on the rights of peasants and other people working in rural areas took place in Geneva, Switzerland
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