CAGAYAN DE ORO -- THE Philippine government will take the hot seat in a case filed by indigenous peoples opposing a gold mine on their ancestral land before the United Nations? antiracism monitoring body at its 72nd session in Geneva, Switzerland, on Feb. 18.

The Philippine government, as a state party to the Convention for the Elimination of all Forms of Racial Discrimination (CEFRD), has been directed by the Committee on the Elimination of Racial Discrimination (CERD) to respond to a complaint detailing a pattern of racial discrimination against the Subanens in Mt. Canatuan in Barangay Tabayo, Siocon, Zamboanga del Norte.

The complaint was filed under the CERD?s urgent action procedure by Timuay (leader) Boy Anoy on behalf of seven groups, including that of Apu Manglang G?lupa Pusaka (AMGP), Gukom Sog Pito Kobogolalan Sog Pito Kadulongan (Gukom of the Seven Traditional Councils of the Seven Rivers) and six others. Anoy is set to comment on the Philippine government?s response at the same session.

Urgent procedure

The CERD considered Anoy?s presentation of his people?s plight at its 71st session on August 24, 2007, under the body?s urgent action procedure.

According to the CERD, ?urgent procedures are to respond to problems requiring immediate attention to prevent and or limit the scale or number of serious violations of the Convention.?

?A criterion for initiating an urgent procedure could include, for example, the presence of a serious massive or persistent pattern of racial discrimination,? explained Azherwina Mosqueda, paralegal of the Legal Rights and Natural Resources Center (LRC), one of the signatories to the case against the Philippine government.

The LRC is one of the support groups of the Subanen, one of the country?s indigenous peoples, numbering about 330,000, and mostly inhabiting the Zamboanga peninsula.

Mining impact

A report on the intensive assessment of human rights impact of mining activities in the area among the Subanen communities of Mt. Canatuan, from February 2006 to July 2007, supported the allegations of racial discrimination.

In presenting their case to the CERD, Anoy offered suggestions on what can be done to remedy their ordeal as a people. Among Anoy?s recommendations are for the CERD to adopt some measures, including urging the Philippine government to immediately resolve the problems in Mt. Canatuan.

He also asked the CERD to urge the National Commission for Indigenous Peoples, to revoke the discriminatory provisions of the free and prior informed consent implementing rules and guidelines and guidelines that work against indigenous peoples.

In a letter, Regis de Gouttes, CERD chair, reminded the Philippine government that its biannual report on the implementation of the CEFRD is long overdue. The country?s last report was way back in 1997, before the Indigenous People?s Rights Act was implemented.

Gouttes also said in the letter that ?the Committee views with concern allegations that the Subanen community are exposed to acts of violence on their property, sacred rites and institutions.?

Gouttes further wrote that the CERD was concerned about ?information that paramilitary forces deployed by the Canadian mining firm TVI Pacific are accused of human rights violations and that mining activities continue and are expanded.?