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First Posted on Inside Mindanao: February 15, 2008
UN summons Philippine gov't to respond to Subanons' complaint of racial discrimination and other related human rights violations By Ellen Red
The United Nation's Committee on the Elimination of Racial Discrimination (UN–CERD), in its 72nd Session in Geneva, Switzerland this February 2008, has summoned the Philippine government to formally respond to the Subanons' complaint.
The Subanon people of Zamboanga peninsula filed in 2007 a complaint of racial discrimination and other related human rights violations against the Gloria Macapagal–Arroyo (GMA) government before the CERD.
In a statement, Legal Rights and Natural Resources Center—Kasama sa Kalikasan/Friends of the Earth–Philippines (LRC–KsK/FoE–Phils.) said, "After failing to obtain redress and justice in the Philippines for so many years, the Subanons, supported by LRC–KsK and other partner–organizations filed in 2007 a complaint of racial discrimination and other related human rights violations against the GMA government before the United Nation's Committee on the Elimination of Racial Discrimination (UN–CERD). The Philippines is a state party to this human rights convention. The CERD complaint also implicated TVIRD (TVI Resource–Development Philippines)."
"The Subanon people of Zamboanga peninsula, represented by Timuays Jose Anoy and Fernando Mudai, have been warding off the entry of large–scale mining, particularly the Canadian–owned, TVI Pacific, Inc. and its subsidiary , TVI Resource–Development Philippines,(TVIRD) into the Subanons' ancestral lands. The GMA government allowed TVI Pacific, Inc. to mine 500 hectares within the tribal people's ancestral domains of about 8,000 hectares. As a result, the Subanons were forcibly displaced from their lands, including Timuay Jose Anoy and his family, their livelihoods and sacred sites destroyed including their sacred mountain, Mt. Canatuan," LRC–KsK said.
LRC-KsK added, "The CERD Committee in its 72nd Session in Geneva Switzerland this February 2008, has summoned the Philippine government to formally respond to the Subanons' complaints. The two Timuays (Timuays Jose Anoy and Fernando Mudai), are set to face this government that will be defending itself against the litany of human rights charges against its own citizens and people."
"We hope that the Subanons' courage and patriotism will also be a wellspring of our own collective strength and action as we are being called upon as a people to act together in this hour of patriotic duty against a recalcitrant and callous regime," LRC–KsK said.
In June 2007, vice president for social commitments of TVI Resource Development Philippines, Inc., Feliece Yeban, asked forgiveness from the Subanon tribe for the human rights violations committed by TVI.
During the community consultative assembly of the Subanon tribe held in sitio Paduan, barangay Candiz, Siocon town, Zamboanga del Norte, on June 17, 2007, Miss Yeban said, "Kung sakali man po na sa inyong palagay ay nag–violate ng human rights and kompanya, bagamat wala na po sa kompanya itong mga tao na nag-violate ng human rights; ipagpaumanhin po ninyo (If in your opinion, the company [TVI] has committed human rights violations, although those who had committed human rights violations are no longer connected with the company [TVI]; please forgive us)."
Miss Yeban added that they are not hiding the fact that TVI stands accused of various cases of human rights violations.
In 2002, the Commission on Human Rights (CHR) Region 9, through its director, Jose Manuel Mamauag, released an investigation report on the alleged development aggression of TVI.
CHR reported that TVI secured its mining area with security forces belonging to the Special Civilian Armed Auxiliary (SCAA).
The human rights commission added, "Basically SCAA members were trained, supplied with arms and with allowance from the Armed Forces of the Philippines (AFP). They were designed to assist the regular government forces in the maintenance of peace and order in their respective barangays. Surprisingly however, these SCAA under the TVI performed their duties in such a manner that as if the TVI is their employer when it should be the residents whom they should serve. These SCAA members even harassed the residents."
CHR then recommended that a "representation be made before the AFP–Southern Command for administrative action against the erring SCAA members."
In early 2007, 29–year–old Vivian Balingit, a Siocon resident, reported to the UN Representative for Indigenous Peoples that while walking on the road in Canatuan with her three children and husband, she was blocked by four armed SCAA members.
Ms. Balingit, daughter of Subanon tribal leader Jose Anoy, reported that one of the SCAA members pushed the tip of his rifle on her stomach, right shoulder, and right temple.
"They said the road is not ours but belongs to the TVI so we should pass through the forest," Ms. Balingit said.
Also, on June 16, 2007, a number; that is, 12 residents of Canatuan executed similar affidavits alleging TVI of development aggression. Specifically, in the affidavit executed by Mely Daguhoy, she alleged that her house was bulldozed and her crops uprooted by TVI with the aid of SCAA.
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