Pitfalls and Pipelines - Philippine Indigenous Peoples Links

Pitfalls and Pipelines - Philippine Indigenous Peoples Links Pitfalls and Pipelines - Philippine Indigenous Peoples Links

17.11.2014 Views

270 Pitfalls and Pipelines: Indigenous Peoples and Extractive Industries 33 S. Kirsch, 2009, Presentation to International Conference on Extractive Industries and Indigenous Peoples, 25 March, Manila, Philippines. 34 D. Baker, 2011, “U.S. court rules against Chevron in Ecuador case.” San Fransciso Chronicle, 20 September, http://www.sfgate.com/ cgi-bin/article.cgi?f=/c/a/2011/09/19/BU5B1L6N82.DTL; B. Reddall, 2012, “Panel Reinforces Ecuador Award Halt In Chevron Case.” Reuters, 20 February, http://www.reuters.com/article/2012/02/17/ us-chevron-ecuador-idUSTRE81G1P620120217. 35 Mines and Communities, 2011, “Mining company allowed to continue its attack on El Salvador.” 11 October, http://www.minesandcommunities.org//article.php?a=11746. 36 Mines and Communities, 2011, “Renco files for arbitration against Peru over Andean smelter.”13 April, http://www.minesandcommunities. org//article.php?a=10861. 37 The following article is taken from a write-up of Julie Cavanaugh- Bill’s 2009 Manila Conference presentation.

Chapter 2.7: International Processes and Complaints Mechanisms 271 Chapter 2.7 International Processes and Complaints Mechanisms When a community seeks redress on the international stage, there are a number of options outside of the types of pure campaigning actions covered in Chapter 2.3 and the legal action covered in Chapter 2.6. Working alongside legal action, there are also a wealth of different potential complaints mechanisms, which have a wide range of effectiveness. The problem with the vast majority is that they are voluntary, or, in some cases, states and companies treat them as if they were voluntary. There may, however, be potential difficulties or unacceptably high costs or long delays with legal action beyond the nation state, and so these complaint mechanisms may offer a less complicated, or in some cases, the only current chance of redress. They should therefore be considered as part of an integrated strategy. In general they break down into two areas. The first are various mechanisms associated with United Nations human rights system, as opposed to the regional ones covered in

Chapter 2.7: International Processes <strong>and</strong> Complaints Mechanisms<br />

271<br />

Chapter 2.7<br />

International Processes <strong>and</strong><br />

Complaints Mechanisms<br />

When a community seeks redress on the international<br />

stage, there are a number of options outside of the types of<br />

pure campaigning actions covered in Chapter 2.3 <strong>and</strong> the<br />

legal action covered in Chapter 2.6. Working alongside legal<br />

action, there are also a wealth of different potential complaints<br />

mechanisms, which have a wide range of effectiveness. The<br />

problem with the vast majority is that they are voluntary, or,<br />

in some cases, states <strong>and</strong> companies treat them as if they were<br />

voluntary. There may, however, be potential difficulties or unacceptably<br />

high costs or long delays with legal action beyond<br />

the nation state, <strong>and</strong> so these complaint mechanisms may offer<br />

a less complicated, or in some cases, the only current chance<br />

of redress. They should therefore be considered as part of an<br />

integrated strategy.<br />

In general they break down into two areas. The first are<br />

various mechanisms associated with United Nations human<br />

rights system, as opposed to the regional ones covered in

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