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Activity 7 TVI Case G3
Financial Accounting (AE 111)
University of San Agustin
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Mini Case Study “ Philippines: Mining impacts on Subanon indigenous people’s rights”
Given the case above, what can you infer about the responsibility of firms to the communities around them? The responsibilities that firms have to the communities they operate in must be met, and they must act legally. In the case of mining's effects on the rights of indigenous people in Mindanao Island. Due to the negative effects on the ecosystem and watershed that their community depends on, they must not have rejected requests from the Subanon people not to mine their land. To show respect for tribes, the company is required to request permission from the tribal council before mining the land. A common definition of responsible mining is mining that involves and respects all stakeholders, minimizes and accounts for its environmental impact, and prioritizes a just distribution of economic and financial benefits. With the implementation of law and order, among other things, government or state power can be seen as one of the primary gatekeepers of their vicinity from a larger perspective. Community members have the ability to influence and overturn government approval for large businesses, even if they do so. Communities have the right to object and forbid a company from operating in their territory if they believe that the company will be detrimental or do not share their ideals.
What were the effects on the community and how do you think the Philippine government can intervene in this kind of case?
Mining is very important to us, through this we can get substances that are useful in our daily lives. But doing this has a negative effect on our community, especially when the company does not follow the rules and regulations of the government. Way back in July 2016, former DENR Secretary Gina Lopez ordered an industry-wide audit of 41 large-scale mines in the country. She closed 23 mines and suspended 5 others, (citing violations dependi sa duwa) because there was a leak of substances that poisoned the lake near the mines and other bodies of water. In the Philippines, the law that governs mining activities is the PHILIPPINE Mining Act of 1995, which regulates all mining operations in the country and includes various measures to protect the environment, and defines areas in which mining can be allowed. In the case above, they violated this act which can result in them being suspended.
- Based on the case, was the community duly served justice? Why or why not?
No, I do not believe justice has been served because the harmful impact of mining will be felt by the residents of the mentioned village indefinitely. Even paying the fines will not be enough to excuse their actions, because I believe the aftereffect of the mining on that specific location will be eternally worthless as it will be changed into
poisonous lands unless they can discover a method to turn the mining hole into a valuable piece of land.
- If you were the mining company, what would you have done to avert this kind of conflict from happening?
The mining corporation would if I were the mining company contribute to the creation of environmental legislation making an effort to ensure that operations are sensitive to the environmental demands of the communities in which they operate maintaining compliance with all applicable environmental laws, rules, and established standards and criteria, and ensuring that its contractors maintain compliance with these requirements.
- Study how various communities contributed to the resolution of the case and elaborate on how it affected the overall outcome of the dilemma.
Various communities orally translated the research guide into language that the communities would understand, where they can solicit their ideas, and tried to gauge their understanding of human rights. This involves a combination of storytelling, making maps of the area and constructing timelines. But this contribution of various communities has pros and cons. It revealed that the mine had a negative impact on their right to self- determination and on their system of governance. It also revealed that mining activity deprive the right of Subanon people to security and housing and mining increased the levels of sediment and metals in some local waterways, threatening human right to an adequate standard of living. But eventually, the community decided to enter negotiations with the company which ended the mining operation in 2014.
Activity 7 TVI Case G3
Course: Financial Accounting (AE 111)
University: University of San Agustin
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