Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Chapter 2.6: Legal Strategy from the Local to the International
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Endnotes
1
Mines and Communities, 2007, “Congo court clears former Anvil staff
of war crimes.” 28 June, http://www.minesandcommunities.org//article.
php?a=6703.
2
S. Kirsch, 2009, Presentation to International Conference on
Extractive Industries and Indigenous Peoples, 25 March, Manila,
Philippines.
3
Global response Guide for Communities, p. 11.
4
Aurelio Cal and the Maya Village of Santa Cruz v Attorney General
of Belize; and Manuel Coy and Maya Village of Conejo v Attorney
General of Belize, (Consolidated) Claim Nos 171 & 172, 2007,
Supreme Court of Belize (18 October 2007) para 136(d); The Maya
Leaders Alliance and the Toledo Alcaldes Association on behalf of
the Maya Villages of Toledo District et al. v The Attorney General of
Belize and the Minister of Natural Resources Environment Claim No.
366, 2008 Supreme Court Of Belize (28th June 2010) para 126 (I),
quoted in “The Requirement to Obtain FPIC: Natural Evolution or
Groundbreaking Development?” Reflections on the UN Declaration on
the Rights of Indigenous Peoples, Oxford 2011, p. 12.
5
R. Goodland, and C. Wicks. 2008, “Philippines: Mining or Food,
Working Group on Mining i, the Philippines.” pp. 109-122. For examples
of bringing a case challenging legislation see the Tampakan case
later in the chapter.
6
The information in this part of the chapter, unless otherwise noted,
comes from the excellent guide by the International Federation
for Human Rights (FIDH), 2012, “Corporate Accountability and
Human Rights Abuses - A Guide for Victims and NGOs on Recourse
Mechanisms.” pp. 99-152.
7
Velazquez Rodriguez v. Honduras, Inter-American Court of Human
Rights, judgment on its merits, 29 July 1988, Series C No. 4.
8
Full details of using the mechanism can be reviewed at: International
Federation for Human Rights (FIDH), 2012, “Corporate Accountability
and Human Rights Abuses - A Guide for Victims and NGOs on
Recourse Mechanisms.” pp. 153-173 or go to the Commission website
http://www.cidh.oas.org.
9
C. Clarke, 2012, “Strategies of resistance: testing the limits of the law,
State of the World’s Minorities and Indigenous Peoples.” Minority Rights
Group, June, p. 28.
10
The Mayagna (Sumo) Awas Tingni Community v. Nicaragua,
Judgment of 31 August 2001, Inter-American Court of Human Rights,
(Ser. C) No. 79.