On 26 January 2023, images and videos circulated online showing a human barricade formed by Sibuyan Island residents in Romblon attempting to halt mining trucks owned by Altai Philippines Mining Corporation (APMC) from transporting nickel ore from the island to be tested overseas.
Few of the violations cited by residents allegedly include failing to show a barangay clearance, municipal business permit, foreshore lease contract from the Department of Environment and Natural Resources (DENR), and a permit from Philippine Ports Authority (PPA) to construct a private port.
A police dispersal eventually took place, which left a number of protesters reportedly injured and one barangay councilor arrested. Three trucks carrying the nickel ores were also able to pass.
The Commission on Human Rights (CHR), pursuant to our mandate to look into possible human rights violations concerning economic, social, and cultural rights, has taken cognisance of the case and is doing a motu proprio investigation of this incident through CHR’s Investigation Office and CHR Region IV-B MIMAROPA.
Sibuyan Island locals have reportedly long been opposed to the extraction of minerals on the island for its negative impacts on the biodiversity in the area.
This is not the first independent investigation that CHR is conducting in Sibuyan Island related to the issue of mining. Even before the dispersal incident, CHR had already received a complaint in September 2022 that local anti-mining advocates had been the target of harassment and intimidation by APMC. Victims claimed that the company barred teachers from participating in anti-mining gatherings and even refrained them from posting anti-mining sentiments online. Two students were also allegedly brought to the barangay and were forced to issue a public apology. The investigation is still ongoing.
As an independent national human rights institution, CHR continues its work to ascertain the truth regarding these incidents. We will work alongside local government units, the DENR, PPA, and concerned residents as we conduct our separate independent probe.
CHR stresses that private companies have a responsibility to prevent, address, and remedy abuses arising from business operations under the United Nations Guiding Principles on Business and Human Rights. The said set of principles recognise the impact of businesses in the way a community and its people enjoy their rights, as well as the State’s obligation to ensure protection of the rights, especially that of the disadvantaged and marginalised.
In this regard, CHR welcomes DENR’s swift and decisive action on the issue, including Environment Secretary Toni Yulo-Loyzaga’s assurance that the agency will take a good look into the mining situation in Sibuyan Island. CHR equally acknowledges the action being undertaken by PPA by way of issuing a notice of explanation to APMC for allegedly constructing a port on Sibuyan Island despite failing to have the necessary permit. We likewise support Senate Resolution No. 459, filed by Senator Risa Hontiveros on 06 February 2023, calling for a Senate inquiry into the nickel and metallic mining activities in the area.
While APMC has reportedly volunteered to stop its mining operations, there is still a need to determine accountabilities for possible human rights violations and abuses committed, as well as assurance of appropriate remedies for the harm done—not only to the people and their community, but as well as to the environment relative to human rights enshrined in our Constitution and relevant laws in the country.
We stress that, in all contexts, human rights must be respected, protected, and upheld. The pursuit of development and economic growth must not be done to the substantial and irreversible detriment of the environment and Filipinos’ human rights. ###
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