- S Ali, Mining, the Environment and Indigenous Development Conflicts (Tucson: The University of Arizona Press, 2003).
- R Moody, Rocks and Hard Places: The Globalization of Mining (London, Zed Books, 2007).
- G Bridge, ‘Mapping the Bonanza: Geographies of Mining Investment in an Era of Neoliberal Reform’ (2004) 56(3) Professional Geographer 406.
- See n 1 above, Ali; A Gedicks, Resource Rebels: Native Challenges to Mining and Oil Corporations (Cambridge, MA: South End Press, 2001).
- M Drohan, Making a Killing: How and Why Corporations Use Armed Force to do Business (Toronto: Vintage Canada, 2004).
- Mining, Minerals and Sustainable Development: The Report of the MMSD Project (London: Earthscan, 2002). p 154.
- Ibid. This definition follows that used by Martinez-Cobo (1987) and is a generally accepted definition of ‘indigenous peoples’. Since the Mining, Minerals, and Sustainable Development report is a substantial report on issues surrounding the mining industry the authors have adopted it.
- Ibid, at 152.
- S Rood, ‘NGOs and Indigenous Peoples’, in NGOs, Civil Society and Philippine State (Honolulu, University of Hawaii Press, 1998).
- R Stavenhagen, Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, prepared by the United Nations Commission on Human Rights 59th Session, 2003.
- Rubi v Provincial Board of Mindoro, 39 Phil 660 (1939) at 693.
- 3 Phil 537 (1904).
- 212 US 449 (1909).
- 212 US 449 (1909) at 460.
- This has occurred notwithstanding the adoption of the ruling in Carino v Insular Government in Oh Cho v Director of Lands, 75 Phil 890 (1946), Suzi v Razon, 48 Phil 424 (1925), Director of Lands v Buyco, 216 SCRA 79 (1992) and Republic v Court of Appeals and Lapna, 235 SCRA 567 (1994).
- M Leonen, ‘Weaving Worldviews: Possibilities for Empowerment Through Constitutional Interpretation’, Lawyer For The Public Interest: First Alternative Law Conference, Quezon City, 2000, 18–37, 18.
- J Eder, ‘Indigenous Peoples, Ancestral Lands and Human Rights in the Philippines’ (1994) Cultural Survival Quarterly, Summer/Fall, 13–17.
- Ibid.
- 146 SCRA 509 (1986).
- O Lynch and K Talbott, ‘Legal Responses to the Philippine Deforestation Crises’ (1988) 20(3) NYJILP 679–713.
- E Gutierrez and S Borras, The Moro Conflict: I endlessness and Misdirected State Policies, prepared by East-West Center, Policy Studies Series No 8, 2004.
- See n 17 above, Eder.
- Republic Act No 8371.
- Republic Act No 8371, s 3(g).
- Republic Act No 8371, ss 4 to 12.
- Republic Act No 8371, ss 13 to 20.
- Republic Act No 8371, ss 29 to 37.
- Republic Act No 8371, s 29.
- Republic Act No 8371, s 3(k).
- NCIP AO No 98–1, Part II, s 2.
- NCIP AO No 98–1, Part III, s 3.
- NCIP AO No 98–1, Part III, s 7.
- Environmental Science for Social Change, Mining Revisited (Quezon City, Environmental Science for Social Change, 1999), p 33.
- J Haggman, ‘Philippines Exploration: Discovery of the Dinkidi Gold-Copper Porphyry’ (1997) 49(3) Mining Engineering34-39; F Jimemez et al., ‘Shallow to near-surface vein type epithermal gold mineralization at Lalab in the Sibutad gold deposit, Zamboanga del Norte, Mindanao, Philippines’ (2002) 21 JAES 119–133.
- Jimenez, n 34 above, at 119.
- R Rovillos et al., ‘Philippines: When the “isles of gold” turn to isles of dissent’, in Extracting promises: Indigenous peoples, extractive industries and the World Bank (Baguio City Tebtebba Foundation, 2003), pp 200–237.
- Republic Act No 7942.
- United States Geological Survey, Minerals Yearbook, 1995, Reston, Virginia.
- Ibid.
- Ibid.
- Ibid.
- United States Geological Survey, Minerals Yearbook, 1997, Reston, Virginia.
- See n 6 above, MMSD.
- Ibid, at 154.
- Ibid.
- Ibid, at 5.
- GR No 135385.
- 49 SCRA 734 (1972).
- Rule 52(1) of the Philippine Rules of Court allows a litigant who is unsuccessful at the Supreme Court to file a motion for reconsideration of a judgment or final resolution within 15 days from notice thereof, with proof of service on the adverse party.
- M Leonen and A Ballesteros, A Divided Court: Case Materials from the Constitutional Challenge to the Indigenous Peoples Rights Act of 1997, prepared by the Legal Rights and Natural Resources Center, 1997.
- See n 33 above, ESSC.
- Ibid; n 10.
- G Pring et al., ‘Trends in International Environmental Law Affecting the Minerals Industry’ (1999) 17 JERL 39–56.
- Plumlee et al., An overview of mining-related, environmental and human health issues, Marinduque Island, Philippines: Observations for a joint U. S. Geological Survey-Armed Forces Institute of Pathology reconnaissance field evaluation, prepared by the United States Geological Survey, 12–19 May 2000.
- Ibid.
- Ibid.
- Ibid.
- See n 6 above, MMSD, at 208.
- A Tujan, ‘Corporate Imperialism in the Philippines’, in G Evans et al, Moving Mountains: Communities Confront Mining and Globalization (Sydney, Otford Press, 2001).
- C Hinde, ‘State of the Industry’, Mining Journal, 13 February 2004, 1.
- Communication by Dionesia Banua, Director Natripal, 25 April 2005.
- See n 16 above; A Tujan and R Guzman, Globalizing Philippine Mining (Manila: IBON Books, 2002); A Vidal, Conflicting laws, overlapping claims: The politics of indigenous peoples’ land rights in Mindanao (Davao: Alternate Forum for Research in Mindanao, 2004), p 154.
- See n 62 above, Vidal.
- See n 16 above, Leonen, at 28.
- K Naito et al., Review of Legal and Fiscal Framework for Exploration and Mining (London, Mining Journal Books, 2001).
- Section 3. 1. 5.
- Ibid.
- A Ballesteros, Miner's Lies (Quezon City, Legal Rights and Natural Resources Center, 1998).
- See n 6 above, MMSD, at 293.
- See n 10 above, Stavenhagen.
- Ibid.
- Ibid.
- Republic Act No 8371, s 29.
- Communication by I Magallanes, Chair, Haribon Palawan, 29 April 2005.
- P Geremia, priest, Diocese of Kidapawan, 18 May 2005.
- International Centre for Human Rights and Democratic Development, Human Rights Impact Assessments for Foreign Investment Projects: Learning from Community Experiences in the Philippines, Tibet, the Democratic Republic of the Congo, Argentina and Peru (Montreal, 2007).
- See n 10 above, Stavenhagen.
- CAFGUs are paramilitary troops equipped and trained by the armed forces of the Philippines to provide security at the local level.
- SGAAs are paramilitary troops equipped and trained by the armed forces of the Philippines but paid by a third party, such as a mining company, to provide security specifically for that third party.
- M Girouard, ‘The Philippines: Human Rights and Forest Management in the 1990s’ (1996) 8(3) Human Rights Watch 1, 1–25.
- See n 10 above, Stavenhagen.
- See n 76 above, ICHRDD.
- Ibid. Similar allegations exist about the activities of a paramilitary unit implemented to suppress the opposition of the Ifugao people to the activities of the Australian mining corporation Climax Arimco Mining Corporation (CAMC) in the Barangay of Didipio in the Province of Nueva Vizcaya on the island of Luzon (Rovillos et al., 2003).
- See n 10 above, Stavenhagen.
- GR No 127882.
- Horacio Ramos, Director of the Mines and Geosciences Bureau, stated that this ‘decision may have far-reaching implications not only on the minerals industry but on the economy at large’ (‘Philippine Court Rules FTAAs Unconstitutional’ 2004, 8).
- The reconsideration was controversial for three reasons: interveners that were not parties to the original proceedings were allowed to participate in the reconsideration; oral arguments were only held after the first decision had been made; and the same judges expressly overruled a decision they had made only 11 months before.
- GR No 127882, 3.
- ‘New Start for the Philippines’, 2005, 21.
- A Vidal, Resource Kit on Mining Issues in Mindanao, Alternate Forum for Research in Mindanao, 2005.
- Communication by T Guia-Padilla, Executive Director Anthrowatch, 22 April 2005.
- Fraser Institute, Fraser Institute Annual Survey of Mining Companies 2004/2005, prepared by the Fraser Institute, 2005, 32.
- Fraser Institute, Fraser Institute Annual Survey of Mining Companies 2005/2006, prepared by the Fraser Institute, 2006.
- Ibid.
- GR No 135385.
- Communication by G Gatmaytan, Professor of Anthropology, Ateneo de Davao University, Davao City, Philippines, 27 May 2005.
- Communication by G Gatmaytan, Professor of Anthropology, Ateneo de Davao University, Davao City, Philippines, 27 May 2005.
- The Philippines has already ratified the International Covenant on Civil and Political Rights (1968), the International Covenant on Economic, Social and Cultural Rights (1974), the Convention on the Elimination of all forms of Racial Discrimination (1967), the Convention on the Rights of the Child and the Convention on the Elimination of all Forms of Discrimination Against Women (1981).
- See n 76 above, ICHRDD.
- Communication by A Badilla, Program Coordinator, Apostolate Vicariate of Puerto Princesa, Puerto Princesa City, Philippines, 26 April 2005.
- See n 76 above, ICHRDD.
- Ibid.
- 212 US 449 (1909).
- O Lynch, ‘Invisible Peoples and a Hidden Agenda: The Origins of Contemporary Philippine Land Laws (1900-1913)’ (1988) Philippine LJ 249, 305.
- Indeed, at TVI's Canatuan mine, the International Centre for Human Rights and Democratic Development concluded that the mine had not only failed to provide benefits to the indigenous inhabitants near the mine but had even imposed costs on the community by having ‘a negative impact on the ability of the Subanen to enjoy the human right to self-determination, to human security, to an adequate standard of living, to adequate housing, to work, and to education’ (International Centre for Human Rights and Democratic Development, 2007, 38).
Journal of Energy & Natural Resources Law
Volume 25, 2007 - Issue 4