PHILIPPINES: NICKEL MINING PROJECTS APPROVED DESPITE INADEQUATE CONSULTATION AND SERIOUS RISKS TO COMMUNITIES’ HEALTH AND ENVIRONMENT

Indigenous Peoples and rural communities in the Philippines are being subjected to numerous human rights abuses amid a rapid expansion in the mining of nickel, an essential component of lithium-ion batteries

What do we get in return? How the Philippines nickel boom harms human rights documents failings to adequately consult local communities and obtain consent from Indigenous Peoples about nickel mining projects which have left deforestation, metal contamination and health problems in their wake in the provinces of Zambales and Palawan. It is highly likely that nickel mined from these sites is entering the supply chains of major electric vehicle (EV) companies.

“Indigenous Peoples and rural communities are paying a heavy price for the world’s scramble for energy transition minerals,” said Veronica Cabe, Chair of Amnesty International Philippines.  

“Not only did these communities undergo seriously flawed consultation processes – blighted by misrepresentations and a lack of information – they are now being forced to endure the negative impacts of these mining operations on their health, livelihoods and access to clean water.” 

Indigenous Peoples and rural communities are paying a heavy price for the world’s scramble for energy transition minerals

                                 Veronica Cabe, Chair of Amnesty International Philippines

The research focused on two areas: the coastal region of Santa Cruz in Zambales and Brooke’s Point, ancestral home to the Pala’wan Indigenous People in the island of Palawan. In Santa Cruz, four large-scale companies are currently extracting nickel: BenguetCorp Resources Management Corporation; Eramen Minerals Inc.; LNL Archipelago Minerals, Inc.; and Zambales Diversified Metals Corporation. In Brooke’s Point, one company, Ipilan Nickel Corporation (INC), is active and two others, MacroAsia Mining Corporation (MMC) and Lebach Mining Corporation, have plans to extract nickel.  

Community members said deforestation and environmental damage linked to nickel mining is causing them harm. In Santa Cruz, studies suggest that communities are being exposed to heavy metal contamination linked to nickel mining from the air, water and food chain.

In both regions, interviewees reported an increase in health issues since the mines opened, including asthma, coughs, breathing difficulties and other respiratory issues, in addition to skin diseases and eye, throat and skin irritation. They also reported how declining water quality – with several freshwater sources described as having turned a “reddish-brown” – has adversely impacted the livelihoods of fisher people and reduced crop yields. 

“The Philippine government must suspend these mining operations until it has conducted an urgent investigation into human rights and environmental abuses, while nickel mine operators must put human rights at the centre of their operations,” said Amnesty International’s Business and Human Rights researcher, Alysha Khambay.  

“Without greater supply chain transparency, EV brands cannot say that their vehicles are free from the taint of human rights and environmental abuse in the Philippines. These brands must investigate their supply chains for links to nickel from the Philippines and make the results and any risk mitigation measures public.” 

The research, conducted between September 2023 and October 2024, included interviews with 90 community members, as well as site visits and scrutiny of project documents, court records and images. Responses from the companies – who denied the allegations made against them – are available in the annex of the report. 

Lack of due process and access to crucial information

The report shows how Indigenous and rural communities did not receive adequate explanations about the human rights and environmental risks of nickel mining, and were denied proper consultations on the mining projects, despite protections in both domestic and international law. 

Such protections require states to ensure that communities are meaningfully consulted on extractive projects, and in the case of projects that impact Indigenous Peoples, obtain Free, Prior and Informed Consent (FPIC). In practice, this means fully informing communities of the potential impacts of nickel mining, listening to communities and addressing their concerns, and properly conducting and respecting the outcomes of FPIC processes. 

In both Santa Cruz and Brooke’s Point, people who rely on their natural environment to sustain their livelihoods reported being unable to access information crucial to understanding the impact of nickel mining on their communities. In many cases, project documents, such as environmental impact assessments, were not provided.  

Amnesty International was only able to locate online relevant environmental impact studies for three of the seven nickel mining projects featured in the report. The organization requested copies of the environmental impact studies from the other companies and the Philippine Department of Environment and Natural Resources. However, this information was not provided. 

In some cases, project documents were denied to community members, even after they had specifically requested them, preventing them from making an informed decision. In Brooke’s Point, members of the Pala’wan Indigenous People said that INC failed to provide copies of the environmental impact statement and a map of the company’s operations and boundary upon request. 

Romeo Melnocan, a community member in Brooke’s Point, said: “…the map they showed was very blurry. We can’t make a decision based on the information that was presented as we didn’t understand the impact.” 

In both areas, interviewees said community members known to be opposed to nickel mining were deliberately excluded from consultations. Those who attended consultations said they were either dismissed or ignored when they raised concerns about the potential risks of the mining projects.  

In Brooke’s Point, flaws in the FPIC processes carried out in relation to INC and MacroAsia Mining Corporation (MMC)’s nickel mines have invalidated these processes and created divisions within the Pala’wan Indigenous People. Despite this, INC has been extracting nickel for over two years and MMC is in the process of obtaining the necessary permits to start commercial mining operations.   

Under FPIC, consent must be given freely, without manipulation, coercion, threat, fear of reprisal and corruption. However, Amnesty spoke with community members who said they and others had been offered bribes by the mining companies INC and MMC to support their projects.   

It is time to stop sacrificing the human rights, health and environment of Indigenous Peoples and rural communities for the benefit of extractive companies, multinational car companies and consumers in industrialized countries

              Alysha Khambay, Amnesty International’s Business and Human Rights researcher

Community member Beto Calman said: “People are pro-mining because of money, bribes. If there’s a meeting, the pro-mining people will get an invitation immediately, but us who are impacted will never.”  

Community members said the FPIC processes excluded customary Pala’wan leaders and decision-making, which constitutes a violation of the right to self-determination. Both INC and MMC deny all of the allegations and maintain the FPIC processes were carried out in accordance with requirements.  

Companies have a responsibility to conduct due diligence to identify and prevent human rights abuses linked to their operations or business relationships and address negative impacts when they are found to occur. In situations where FPIC is not possible, companies should responsibly disengage in consultation with affected Indigenous People and cease planned operations. 

“It is time to stop sacrificing the human rights, health and environment of Indigenous Peoples and rural communities for the benefit of extractive companies, multinational car companies and consumers in industrialized countries. There must be greater accountability across the EV and battery supply chain for the potential harms that mining operations cause,” Alysha Khambay said.