Rights & Democracy Human Rights Impact Assessment Methodology and Execution Problematic
Flawed Execution Results in Flawed Information & Conclusions
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TVI co-operated with Rights & Democracy; supports the Rights & Democracy mission and the development of the Human Rights Impact Assessment Methodology (HRIA)
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But criticizes “flawed execution” – through the use of biased, anti-mining organizations as the Philippines “research team”; instead of impartial observers or community representatives
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Disappointed that Rights & Democracy failed to honour commitment to a consultative process
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Philippines case study included in the Report is substantially incorrect/distorted in fact and interpretation rendering its conclusions/recommendations questionable
TVIRD has engaged the Subanons, in the Company’s efforts to promote human rights in its Canatuan Project consistent with the UN Norms for Business. In photo, TVIRD Canatuan General Manager Magi Bagayao (third from left) with Subanon Elders (from left) Suzana Davi, Vicente Guinagag and Lydia Dandana.
TVI Pacific Inc. (TSX: “TVI” or the “Company”) announced today that, while it applauds the mission and objectives set out in the recently published Rights & Democracy Report, entitled “Human Rights Impact Assessments for Foreign Investment Projects”, the Company is very critical of the flawed execution of the Philippines Case Study contained in the Report.
TVI Pacific voluntarily participated in the Philippines Case Study, as the Company is proud of its achievements in advancing human rights in the communities in which it is active in the Philippines. The Company believes that further progress in relation to human rights and the development of indigenous peoples is attainable with the benefit of an open dialogue involving interested parties and constructive input from objective third parties. TVI Pacific is supportive of the Rights & Democracy goal to develop and test a methodology for human rights impact assessments for foreign investment projects and proposes to adopt a modified Human Rights Impact Assessment Methodology to augment the existing Social Impact Assessment approach for project scoping and development.
However, the Philippines Case Study included in the Report is, in the Company’s view, seriously flawed and factually incorrect in a number of important respects. The Case Study was prepared not directly by Rights & Democracy, but rather by a "research team", which consisted of well-known opponents of the mining industry in general and TVI Pacific’s Canatuan project in particular. Predictably, the Case Study evidences a biased view of TVI Pacific’s operations in the Philippines and completely ignores the positive effects of its numerous initiatives to improve the well-being and standard of living of the indigenous population in the area surrounding its Canatuan mine and its efforts to minimize the environmental impact of mining operations at Canatuan.
"We expect it is more than simple coincidence that the conclusions and recommendations set out in the Philippines Case Study coincide with positions advocated by members of the "research team" over the past decade", noted Cliff James, the President and Chief Executive Officer of TVI Pacific. "Those organizations have consistently taken positions adverse to TVI Pacific over an extended period of time and the Philippines Case Study included in the Report provided them with another forum to propagate their agenda. A central feature of that agenda is the prevention of new foreign financed mining projects in the Philippines, such as TVI’s Canatuan project, and the repeal of the Philippines Mining Act, which certain of the members of the "research team" unsuccessfully challenged before the Philippines courts. Not surprisingly, the "research team" largely ignored the very positive benefits that our presence in the Philippines has produced in the areas of human rights, health, education, security, employment, standard of living, culture, housing and freedom of association, all of which would be adversely affected if we were to suspend our operations at Canatuan as they wish. In the Report, Rights & Democracy indicated that it is not in a position to verify the facts stated in the case studies and disclaimed responsibility for the accuracy, completeness or usefulness of the information set out in those case studies. Having regard to the ideological and economic agendas of the groups comprising the Philippines "research team”, a biased approach to the Philippines Case Study was foreseeable and we are disappointed that Rights & Democracy did not take steps to ensure a balanced, objective approach."
A more objective review of the human rights impact of the project would have included an assessment of the following initiatives introduced by TVI in the following areas:
Right to Health: Including the provision of a hospital; Operation Smile (that repaired a widespread harelip affliction); prevention of maternal and infant mortality; sanitation programs; and many more
Right to Education: Nine Company paid teachers teaching in six schools; 19 college scholars; 12 students receiving educational assistance; have provided schools and classrooms, and school supplies, computers and other instructional materials and equipment, continuing Indigenous People capacity building
Right to Life and Security: The security force has served as a deterrent to attacks from armed groups operating in the area making residents more mobile and safe even at night
Right to Work: Reference the large number of Subanons in active employment; the employment multiplier in the area; the on-the-job and pre-employment training
Right to an Adequate Standard of Living: In addition to wages and employment: the livelihood programs, the entrepreneurial developments, the provision of water, electricity, sanitation, transportation, and more
Right to Culture: Reference the program of Subanon cultural promotion, art workshops, youth camp focusing on cultural promotion, community museum
Right to Self-determination: The representatives of the majority of the indigenous community, supported by the majority, entered into a Memorandum of Agreement that provides a Royalty of 1% of gross revenues and many other benefits and rights
Right to Housing: The Company is constructing the new Tanuman village and other housing projects
Respect for the Right of Freedom of Association: Recognition of both new and traditional institutions and the dignity of the indigenous leaders: the Council of Elders, the Siocon Subanon Association Inc., the Siocon Subanon Women’s Association Inc., the Community Youth Achievers
It is also important, from a human rights perspective, that the presence of TVI has intensified and is continuing to increase the presence of government and government services in a location where the State was previously absent. Among the mechanisms to achieve this goal has been a partnership of TVI and the local government to deliver a number of joint projects for the benefit of the community, including a spillway to facilitate transportation to the Municipality, and the promotion of sports and community projects.
Readers are invited to review the companion document to this News Release, available on the Company’s website at www.tvipacific.com, for a more detailed critique of the Philippines Case Study and a review of the positive impact on human rights contributed by the Company.
Readers are also invited to consult the web site of TVI Pacific’s Philippines affiliate, TVI Resource Development (Phils.) Inc. (“TVIRD”) at www. for extensive coverage of the programs contributing to the improved enjoyment of human rights in stakeholder communities as described above.
“That said,” Mr. James added, “our activities are a work-in-progress and we have made significant advances since the time of the study. Our interaction with the Canadian team from Rights and Democracy has strengthened our implementation of rights sensitive programming. In addition, we share the sensitivity of all right-thinking people to the issue of conflict and armed security in Mindanao; we are working to implement the principles of the Voluntary Principles on Security and Human Rights; and we are working in a number of ways to contribute to demilitarization of the region – from the provision of economic development and jobs, to rethinking security management.”
Among other things, TVIRD recently appointed a Vice President of Social Commitment, Ms. Feliece I. Yeban, who was previously a Professor of Human Rights Education and was once Deputy Chair of Amnesty International Philippines. She was previously the human rights education consultant of TVIRD who has helped develop its community relations and development program based on a human rights framework. Ms. Yeban, who has officially joined the company as Vice President very recently, is given complete responsibility for all of TVIRD’s social development and community relations initiatives in the Philippines. The Company’s Social Commitments program is being fashioned within a human rights paradigm in keeping with the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with regard to Human Rights (the
