A/HRC/43/51/Add.3 Special Rapporteur is concerned that legal action by the company against Ms. Sutharree Wannasiri and Mr. Nam Win may set a precedent for other companies to press charges against those who legitimately denounce labour rights violations. 734. JAL 13/02/2019 Case no: OTH 2/2019 Reply: 21/02/2019; 12/04/2019 Letter sent to OceanaGold regarding information received concerning the adverse human rights impacts that OceanaGold Corporation has contributed to in Didipio, Nueva Vizcava Province, in the Philippines, including with regard to the human rights of indigenous peoples residing in the region and the overall environmental degradation. 735. The Special Rapporteurs is grateful for the replies received from OceanaGold Corporation in relation to the letter of allegation OTH 2/2019, sent 13 February 2019. He thanks the corporation for its extensive engagement with Special Procedures and for elaborating on all of the issues raised in the communication in detail. Furthermore, he welcomes the commitment that the Corporation makes to respect human rights and the environment through a number of its policies. 736. The Special Rapporteur takes note of the information provided by the Corporation on the alleged role of the Corporation in the forced evictions of 2008 (in particular in relation to 2 eviction cases) and 2017, as well on its alleged complicity in the excessive use of force by police and military. The Special Rapporteur takes note that in relation to the 2008 events, the Corporation acknowledges that “many of the allegations made in the Joint Communication are similar to the findings of the Philippine Commission on Human Rights”, which OceanaGold does not agree with. The Special Rapporteur notes as well that the corporation challenges their connection to the 2017 evictions and land related events and other environmental impact allegations related to deforestation, reforestation, as air pollutants, water contamination, concentration of copper and toxic chemicals. 737. While the Special Rapporteur thanks the Corporation for clarifications made, he stresses his continued concern over the seriousness of the allegations received. The Special Rapporteur stresses the importance of engaging in meaningful and genuine consultation with the Barangay Council, the residents of Didipio and the communities affected by the operations of the Corporation, in particular with those that have petitioned and requested a suspension of the Mine’s operations, to ensure a process of human rights due diligence and ensuring that the grievance mechanism at the company level, addresses adverse human rights impacts, including on the environment, raised by affected communities and human rights defenders. 738. JOL 28/02/2019 Case no: OTH 7/2019 Reply: 19/03/2019 Letter sent to the International Union for Conservation of Nature (IUCN) regarding allegations concerning the Thai Government’s reactivation of its nomination of the Kaeng Krachan Forest Complex to be designated as a UNESCO World Heritage site in 2019, particularly in relation to the lack of consultation with affected indigenous peoples and the failure to seek their free, prior and informed consent. Concerns have also been raised over how UNESCO heritage status, if awarded, may impact on the Karen communities’ land rights and livelihoods. 739. JOL 28/02/2019 Case no: OTH 8/2019 Reply: 08/03/2019 Letter sent to the UNESCO WORLD HERITAGE CENTRE regarding allegations concerning the Thai Government’s reactivation of its nomination of the Kaeng Krachan Forest Complex to be designated as a UNESCO World Heritage site in 2019, particularly in relation to the lack of consultation with affected indigenous peoples and the failure to seek their free, prior and informed consent. Concerns have also been raised over how UNESCO heritage status, if awarded, may impact on the Karen communities’ land rights and livelihoods. 740. The Special Rapporteur thanks the IUCN and the UNESCO World Heritage Centre for their responses to OTH 7/2019 and OTH 8/2019 respectively. The Special Rapporteur raised concerns about the lack of consultation undertaken by the Thai Government with the indigenous Karen communities while petitioning for Kaeng Krachan Forest Complex 100

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