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    • CERD Committee: An early warning for the Philippines

    The United Nations Committee on the Elimination of Racial Discrimination at the 71st session held from 30 July to 17 August 2007 considered the situation of the Subanon indigenous peoples of Mount Canatuan, Siocon, Zambonga del Norteo, the Philippines under its early warning and urgent action procedure, and issued notice to the government of the Phillipines. The CERD Committee was acting on a complaint filed by some non-governmental organisations.

    Philippines is the second country from Asia to have been considered under the Early Warning Procedure of the CERD Committee. In 2003, the CERD Committee issued similar notice to Laos.
    The Committee expressed concern over a number of issues concerning the Subanon indigenous peoples including non-implementation of the Indigenous Peoples Rights Act (IPRA) of 1997 which provides for the free, prior and informed consent of indigenous communities before implementation of any development project on their ancestral lands; imposition of restrictions on the provision of free, prior and informed consent of indigenous communities by the amendments introduced in 2002 and 2006 to the Implementing Rules and Regulations of 1998; failure of the National Commission of the Indigenous Peoples of Philippines to register the Certificate of Ancestral Domain Title of the Subanon, although the Subanons have been demanding recognition of their land rights since 1987; grant of mining concessions to the Canadian mining company "PVI Pacific" by the Siocon Council of Elders to conduct mining operations at Mount Canatuan, a sacred site of the Subanons without the prior consent of the Subanon indigenous community; and alleged human rights violations against the Subanon community including physical attacks, attacks on their property, sacred sites and institutions, and increased racial discrimination against them.

    The Committee also asked the government of the Philippines to respond to the above allegations and to provide information on the measures adopted by it to protect members of the Subanon community against acts of hatred and violence. The Philippines has been asked specifically to inform about the number of complaints it received regarding human rights violations against the Subanon indigenous peoples, the measures taken to investigate such complaints, and the number and nature of sentences, if any, imposed on the perpetrators, as well as the assistance provided to the victims.

     

    The Philippines has been asked to submit its response and comments by 31 December 2007 failing which the Committee will consider adopting a decision without the report of the government at its 72nd session to be held in Geneva from 18 February to 7 March 2008.

     

    The Committee has also asked the Philippines to submit its 15th to 19th periodic reports, which are overdue since 1998. In case the Philippines fails to submit a report by 30 June 2008, the Committee has stated that it would adopt concluding observations based on the information received from other sources, including from non-governmental organisations at its 73rd session to be held from 28 July to 15 August 2008

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