the women, particularly those from the rural and indigenous communities, who are experiencing the brunt of the adverse impacts of mining. Mining in the Philippines has been aggressively promoted with the passage of the Philippine Mining Act of 1995 or Rep. Act 79422. The mining law opened up the country’s mineral resources to full control of ownership of mineral resources by foreign companies, a departure from the patrimony provision of 1987 Philippine Constitution, which allows only 40% foreign ownership3. With this comes amassing a vast area for mining operations, occupying about 765,520.127 hectares of the total land area of the country as of May 20164. The Philippine government has claimed that the mining industry is a boost to the national economy, and that it contributes to employment generation. However, data would show otherwise. As of 2015, the mining contribution to the country’s Gross Development Product (GDP) is P84.2 billion, or a mere 0.7%. This has been consistent from 2012-2015. This is the same for mining contribution to total employment at an average of 0.6-0.7% of the labor force from 2011-2015.5 These very minute contributions are made more insignificant given that whatever benefits there may be from the mining industry remain to be far from the reach of the rural and indigenous women. Most of the rural and indigenous women are found in Geographically Isolated and Disadvantaged Areas (GIDA). These are areas, too, where the ancestral domains6 of the indigenous communities are found, which are rich in natural resources, and where the mining concessions and applications are. In fact, 66% of the officially recognized ancestral domains of the indigenous peoples are covered by mining concessions 7. The different forms of gross human rights violations against the rural and indigenous women caused by the presence of mining projects perpetuate discrimination, marginalization and vulnerabilities against them. The Philippines has passed the Magna Carta of Women (MCW) or Republic Act of 9710. The MCW is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sectors. The MCW is the Philippine translation of the UN CEDAW. It is heavily based on Article 14 of CEDAW which stipulates that States Parties shall take into account the particular problems faced by rural women and the significant roles which rural women play in the economic survival of their families, including their work in the non-monetized sectors of the economy, and shall take all appropriate measures to ensure the application of the provisions of the present Convention to women in rural areas. Here lays the foundation of the call for accountability for Philippine government’s state obligations to actively protect and promote women’s rights. Since its passage in 2009, this law remains to be a promise yet to be fulfilled by the Philippine government. In 20 April 2016, this law, a first in the country, was invoked by women’s groups and other women rights advocates in their complaint against then presidential candidate Mayor Rodrigo Duterte for acts constituting Mining Act, Republic Act No. 7942 - issued in 1995, it is considered as the most important legal basis for the mining exploitation of Philippines’ natural resources. It stipulates that “mineral resources are owned by the State and the exploitation, development, utilization, and processing is under its full control and supervision. It provides relevant and fundamental economic incentives for foreign businesses interested in investing in and exploiting the Philippines. The law further stipulates who may obtain mining rights and the types of agreements regulating mining projects. 3 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 Data computed based on Department of Environment and Natural Resources - Mines and Geosciences Bureau - Complete List of Existing Exploration Permits (EPs) http://mgb.gov.ph/attachments/article/50/May_2016_MPSA_2.pdf; Complete List of Existing Financial or Technical Assistance Agreements (FTAAs ) http://mgb.gov.ph/attachments/article/50/May_2016_FTAA.pdf, and Complete List of Existing MPSA http://mgb.gov.ph/attachments/article/50/May_2016_MPSA_2.pdf 5 Data based on Department of Environment and Natural Resources - Mines and Geosciences Bureau Mining Industry Statistics http://mgb.gov.ph/attachments/article/162/MIS(2015)%20(1)%20(1).pdf 6 Ancestral domains - term used for “forests, pasture, residential, agricultural and other lands”, as well as for “bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities”. The NCIP has the power to issue a certificate of ancestral land and domain title. The Indigenous People Rights Act (Republic Act No. 8371) Chapter II: Definition of Terms, Section 3, para. a) Ancestral Domains. 7 De Vera, Dave, “Ancestral Domains, KBAs, Protected Areas & Mining in the Philippines: A spatial overview” (PAFID, 2015). 2 3

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