Recommendations
The Philippine Government has ratified UN CEDAW, signed the UN Declaration on the Rights of the
Indigenous Peoples (UNDRIP), as well as passed progressive national laws, the Magna Carta of Women and
the Indigenous Peoples’ Rights Act. These laws signify the commitment of the Philippine government to
fulfill its obligations to protect and promote the rights of rural and indigenous women. However, with its
national development framework geared towards the maximum utilization of the country’s natural resources
for profit, giving preferential treatments to foreign investments, women human rights are being sacrificed.
Gender biases and discrimination, patriarchal structures and violence against women are being
institutionalized to further the interests of these mining corporations.
Below outlines key points for action by the State Party with respect to the implementation of the MCW and
CEDAW towards protecting the rights of indigenous women ensnared in traps of the mining sector and
rammed in further by the neglect and indifference of the government to her plights.
1. In March 2016, the CEDAW released General Recommendation No. 34 on the rights of the
rural women. As a party to CEDAW, the Philippine government should abide by these
articulated obligations of the States, which directly applies to indigenous women. It further
specifies recommended steps for the government to create an enabling environment for rural
women to exercise their rights in the areas of rural development, access to health, elimination
of discrimination in economic and social life, access to education and learning opportunities,
decent work and employment, participation in political and public life, access to land and
natural resources, and attaining adequate living conditions.
2. The government has to fulfill its state obligations – the full realization of the rights of rural and
indigenous women as enshrined in the Magna Carta of Women and IPRA.
3. The government needs to ensure the provision of basic social services to GIDA areas to
decrease the vulnerabilities of communities, particularly rural and indigenous women; and
eliminate the dependency on mining corporations for these services.
4. The government should provide financial and technical assistance and support to indigenous
communities for the development, management and control of their ancestral domain and
territories. The mining corporations should not be relied on for these forms of assistance.
5. The NCIP has to ensure that there is genuine FPIC, and that the process is inclusive and
democratic. Concretely, review the existing FPIC guidelines from a women human rights
perspective, while still respecting the customary practices. There should be government budget
allocation for FPIC processing and should not come from the mining companies, to be able to
have independent processes.
6. Revoke policies which are being used to legitimize harassment and attacks on community
resisters and rights defenders, e.g. Investment Defense Force.
7. Rural and indigenous women have to have access to justice and grievance mechanisms. There
should be accessible, immediate and effective institutional mechanisms within the government
(i.e. CHR) which are equipped to handle monitoring, acceptance of reports of women human
rights violations and abuses, investigation and filing of cases, involving mining companies.
There should be a commission within CHR on the impacts of extractive industry; or
complaints against HR violations and abuses by corporations or related to the operations of
extractive projects.
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