and Rural Development (ANGOC) published a 2015
research study on land conflicts and human rights
violations in the Philippines. In this study, ANGOC
presented data stating that the Philippines is third
among countries with the highest number of deaths
among land and environment defenders (Global
Witness as cited in ANGOC et. al., 2015). Moreover,
data from the Commission on Human Rights shows
a total of 77 cases of agrarian/land-related conflicts
(CHR as cited in ANGOC et. al., 2015).
An example of a land right violation among agricultural
farmers is the Agumil Case – the resistance of Aborlan
Coco Farmers against a big oil palm company. Small
coconut farmers entered into a contract to clear over
200 hectares of their farmlands for the entry of an
oil palm company and accessed a PhP 13 million loan
from the Land Bank of the Philippines (LBP) for farm
development. After 10 years of waiting, not a single
centavo was earned and their loans ballooned to PhP
43 million (Salcedo, 2016).
According to Mr. Renante Salcedo of the Institute
of Land Governance (XSF-ILG), there are 11 other
cooperatives that have signed the same agreement
with the company and are likely to face the same fate
in the future. Clearly, the company took advantage
of the farmers’ inability to negotiate with investors
and thoroughly review the contract. The farmers lost
their lands, income, livelihood, and are experiencing
security threats.6
3. Corporate operations displacing communities,
curtailing livelihood and degrading the environment
Irresponsible corporate and mining operations have
been identified, warned, and issued closure orders
by then Secretary Lopez of the Department of
Environment and Natural Resources (DENR). One of
these companies is the Semirara Mining and Power
Corporation operating at Caluya, Antique.
The company has been asked to explain why it should
not be held liable for several violations due to its
operations in the province (Geronimo, 2016). The
information used by the DENR to demand a show cause
order from the mining company has been provided
by the CHR. The CHR used the UNGPs on Business
and Human Rights in conducting investigations and
convening an inter-agency working group with the
Department of Environment and Natural Resources
(DENR), Environmental Management Bureau (EMB),
and Department of Agrarian Reform (DAR), among
others.
The table below lists a number of complaints resulting
from the company’s mining operations:
Complaints/Study
Environmental Degradation*
§
Complaint from the community on black
silt from the coal washing plant on 3
December 2008
§
The west wall of the Panian Pit collapsed
due to a landslide on 14 February 2013
§
An incident that occurred at the northern
edge of the Panian Coal Mine, resulting in
the death of several workers in July 2015
(Rappler, 2015)
§
Massive clearing affecting the island ecosystem
§
Mangroves and portions of coastal areas lost through clearing,
land reclamation, dumping of infill, and siltation due to run off
§
Degradation of water quality due to contaminants reaching
nearby public
§
Increased particulate matter in the waters and ambient air
§
Siltation of the marine environment
§
Damage to coal areas due to infill dumping
§
Impacts on existing mangrove biodiversity due to infrastructure
§
Presence of toxic contaminants in the water, such as mercury
§
Displacement of local residents
§
Adverse impacts on local livelihoods
§
Unsafe working conditions that resulted to the death of workers
§
Loss of access to water source by existing communities
*Source: Report of investigation conducted on 15-17 April 2009 as published by Rappler.
Interview with Renante Salcedo, ILG Coordinator, 15 February 2017.
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