The letter
Right Honourable Stephen Harper
Prime Minister of Canada
80 Wellington Street,
Ottawa,
Canada K1A 0A2
14 July 2006
Dear Mr. Harper,
I am writing to express my dismay at recent events in Canatuan, Zamboanga del Norte, Philippines.
I am gravely concerned by reports that TVI Pacific’s security forces have been involved in the forced relocation of a family of Canatuan residents in order to expand their gold mine at Canatuan, which led to destruction of a local property and four people being seriously injured.
We write to urge you to act with speed to intervene and urge the company to stay its hand and restrain its local representatives and paramilitaries to avoid any further forced relocation, intimidation or violence.
The root of the continuing problem surrounding the presence of TVI in Siocon is that many local people who oppose the development of the mine, and specifically the presence of TVI, feel that their rights and wishes are not being respected.
TVI claims that they have secured widespread local support. There is, however, much evidence to the contrary. The Mayor and municipal council of Siocon are on record as opposing the plans of TVI, as are the vast majority of Barangay officials within the municipality legitimate Indigenous leader and holder of the legal Ancestral Domain is still has maintained his opposition consistently for ten years. Recent divisions in the community nearest the proposed mine caused by the presence of the mining company have not altered the opposition among local Subanon people who are now resisting resettlement.
Philippine law rightly requires that any and all new mining ventures secure local acceptance and, in cases where Indigenous Populations are affected, the Free Prior Informed Consent (FPIC) of the affected ancestral landholders is required. This FPIC is, according to the law to be determined through indigenous decision-making processes. These latest incidents appear to show that local people will continue to insist on their right to a say in the future of their community, especially one that could have such adverse effects on so many of their livelihoods.
We therefore appeal to you to act with speed to protect the community and use the powers and influence of your office to bring about:-
·An immediate and permanent halt to any and all forced relocation
·The withdrawal of the company’s armed personnel from the area before there are any more acts of violence or further destruction of property;
·Full respect for the wishes of the traditional land holders, namely that the mine be halted as an abuse of a sacred site, its severe damage to the environment and the destruction of the subsistence livelihoods of the local Indigenous Peoples.
·Respect for the legitimate rights of all local residents, including their right to live in peace and right to a livelihood
Yours respectfully,
Javier M. Claparols
Director
Ecological Society of the Philippines
And the response, which should be familiar by now.
Dear Javier M. Claparols:
Thank you for your recent message expressing concern over recent events in Canatuan, Siocon, Zamboanga del Norte involving the relocation of a family within the TVI Pacific Inc. mining claim.
The Embassy of Canada in Manila has been following this incident closely, and we have been in touch with some of the stakeholders, including TVI Pacific, to obtain a better sense of what occurred. As in many of these incidents, there are conflicting versions of what happened, as evidenced by the websites of a number of interested communities, including http://www.minesandcommunities.org and www.tvicanatuan.com.
In view of the need for an independent report on the incident, we are pleased that TVI Pacific has formally requested the National Commission on Indigenous Peoples (NCIP) and the Philippines’ Commission on Human Rights (CHR) to conduct an independent inquiry into the incident. We have been in touch with both these Philippine Government organizations to signal the Canadian Embassy’s interest in such an investigation, and we look forward to their response.
The Embassy continues to monitor the activities of Canadian companies in the country (including those involved in the extractive industry) in the interests of encouraging corporate social responsibility and compliance with Philippine and applicable international rules, regulations and declarations . We will continue to offer our assistance and advice to ensure maximum benefits for all communities of interest, Canadian and Filipino.
In this respect, you can be assured of the Embassy’s commitment to maintain our engagement with all parties involved in this issue.
Thank you for sharing your concerns with the Embassy.
Ellen Ruth Zeisler
Counsellor (Commercial) / Conseillère (Commerciale)
Embassy of Canada / Ambassade du Canada
Tel (63 2) 857-9095; Cell (63 918) 901-3380;
Mitnet 346-3350; Blackberry (63 918) 962-4578
