violence against women8. The Commission on Human Rights (CHR), which is designated as the Gender Ombud, issued a resolution with its findings saying that now President-elect Duterte has indeed committed acts of violence against women, and has violated the MCW9. This was a welcome development in the light of popular vote for Duterte. This strengthens the position of the Gender Ombud, and makes the MCW a real potential tool for the protection of women’s rights. The challenge now is how to pursue the use of MCW – CEDAW as standards for women human rights, and to seek accountability from the Philippine government in its legal obligations to protect and promote these rights, especially in the context of the mining operations in the country. From the past several years of working directly with communities affected by mining operations, the following are some of the most urgent issues of women human rights deeply affected, if not outright violated with the mining projects in the communities. These forms of violence against women, and violations of their rights contribute heavily to the perpetuation of the patriarchal values still very much embedded in indigenous communities. Right to Participation in political and public life Active participation of women on decision- The B’laan women of Samlang, Malungon, Saranggani, an making regarding potential mining operations in area covered by the Tampakan Copper Mining project said their ancestral domains is being systematically that they were asked to attend meetings, purportedly for shunned by the manner in which information is livelihood projects. During the meetings, they would be transmitted and consultations are conducted. On asked to sign or thumbmark sheets of paper supposedly for most cases, only the tribal leaders of the lunch to be served, only to find out much later that this was communities are engaged with by mining used for the free, prior, informed consent process (FPIC) for companies and national government agencies the SMI project. They had very little information on the SMI such as the National Commission on Indigenous project, the extent and coverage of the mining project, what Peoples (NCIP) and the Department of an Environmental Compliance Certificate (ECC) was, and the Environment and Natural Resources (DENR). policies governing mining operations.10 They had no previous The tribal leaders are most often than not, are knowledge on their rights as indigenous peoples under IPRA, male leaders. Women are left to hear only or as women, under the MCW. They did not know that through the grapevine, with much of their saying “no” or not giving consent, even to a national opinion resting on the amount and quality of development project such as this, is an option, and in fact, is information their husbands and fathers share with their right.11 them. This transmitted information is most likely already distilled based on the understanding and personal take of the males.12 This supposed respect of the indigenous culture is made accountable for this non-inclusive and discriminatory information sharing, not NCIP or the mining companies, which marginalizes indigenous women from active and informed participation in political processes. Sec. 25 of the MCW invokes the right of women in marginalized sectors to Representation and Participation which calls upon the State to ensure women’s participation in policy-making or decisionmaking bodies in the regional, national, and international levels. Sec. 26 on Right to Information also 8 Letter-complaint filed by several women's NGOs, and sectoral organizations on 20 April 2016 at the Commission on Human Rights against Davao City Mayor Rodrigo Roa Duterte for Violations of Republic Act No. 9710, otherwise known as the “Magna Carta of Women” docketed under CHRNCR-2016-078 9 Commission on Human Rights Resolution No. 2016-078 concluded on 20 May 2016 10 Garingan, Edel S., “Resistance of Women in Samlang”, Stories from the Mines, p.99. 11 Based on the discussions the writer had during a 2-day forum in Samlang with the B’laan women, 2013. 12 Judith A. Pasimio, “Policy Study on Women Human Rights and the Mining Industry in the Philippines,” (LILAK Purple Action for Indigenous Women’s Rights) 4

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