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
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