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Framtiden i våre hender vs Intex Resources

Case overview

Date filed 26 January 2009
Current status Concluded
Issue Intex Resources' environmental threat in the Philippines
Summary of the case The complaint against Norway-based Intex Resources alleges that the companys planned nickel mine and factory in the Mindoro Province of the Philippines will violate the human and environmental rights of Indigenous Peoples.

The complaint contends the companys prospecting agreement overlaps with the Mangyan Indigenous Peoples land, particularly the Alangan and Tadyawan tribal lands. The tribes have property rights in the area, but were not consulted on the project. In addition, the complaint alleges the factory threatens vital water resources because of its proximity to rivers that provide water to neighbouring villages and agricultural fields.
Developments/Outcome The Norwegian NCP forwarded the complaint to Intex Resources, and the company quickly responded with a public letter defending its operations. In March 2009, the NCP asked the complainants to comment on the companys response, and invited the parties to meet in the summer of 2009.

In related developments outside the NCP process, hunger strikes and protests by activists led to the withdrawal of the Environmental Compliance Certificate issued by the Philippine Government in October 2009. In addition, the Norwegian ambassador to the Philippines and the embassy secretary visited the Mindoro province and held meetings with groups supporting and opposing the project in December 2009. A report of their visit was sent to the parties for comments.

In March 2010, the NCP concluded its initial assessment and officially accepted the case. In order to better determine the facts on the ground, the NCP hired independent experts to further investigate the case. The experts visited Mindoro in January 2011 and established a factual basis for the case. In a publicly available report, the experts concluded that while Intex is operating in line with national legislation, the company is “not compliant” with the Guidelines with regard to a number of issues, including community and stakeholder engagement, environmental impact assessments, and disclosure and transparency.

After mediation was declined by the company, the NCP issued a final statement in which it concluded that Intex had failed to undertake a systematic assessment of the affected indigenous groups and had not properly consulted the affected groups.

The NCP found no evidence indicating that Intex was involved in bribery or corruption, but recommended that the company establish a solid managerial system to manage such risks, particularly since the operations were in a country figuring at the lower part of international corruption indexes.

The NCP also concluded that Intexs Environmental Impact Assessment (EIA) provided insufficient insight into and disclosure of its detailed management and monitoring plans.

The NCPs statement recognizes the importance and relevance of obtaining the free, prior and informed consent (FPIC) of affected Indigenous Peoples to the OECD Guidelines provision on stakeholder engagement and takes a broad and inclusive approach to consultation . Although Intex had acquired the FPIC of two affected Indigenous groups, the NCP questions whether the process of obtaining FPIC was adequate, given the fact that the company did not translate crucial information into local Indigenous languages that the company obtained the groups FPIC before the EIA, which contains vital information regarding the potential negative effects of the project for people and the environment, was completed. The NCP also recommends Intex to identify primary and secondary indigenous groups potentially affected by the MNP and consult all indigenous peoples affected by the mine and associated infrastructure.

The statement also reaffirms that companies should conduct due diligence throughout all stages of a project, including the initial planning phase.

The NCPs statement contains several recommendations for how Intex can better bring itself in line with the Guidelines. The recommendations address issues such as community engagement, disclosure and transparency, and the companys operational-level grievance mechanism.
Relevant OECD Guidelines
Case keywords Extractives / mining sector, Environment, Disclosure of information, Bribery / Corruption

NCP Information

NCP name National Contact Point Norway
NCP address Oslow 0032, Norway
NCP website http://www.regjeringen.no/nb/dep/ud/tema/norgesfremme-og-kultursamarbeid.html?id=434499
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Intex Resources
Company address Munkedamsveien 45 A
0250 olso
Norway
Company website http://www.intexresources.com/
Company in violation Intex Resources
Country of operations Philippines
Other companies involved

Timeline of developments

Some developments are only visible to logged in users.
Date Actor Action Description Document
28 November 2011 National Contact Point Norway statement Final statement by Norwegian NCP download pdf (1894Kb)  
22 June 2011 National Contact Point Norway request for clarification Questions from the NCP to Intex download pdf (719Kb)  
14 March 2011 National Contact Point Norway report Report of the fact-finding mission to Mindoro was published download pdf (1875Kb)  
1 March 2010 National Contact Point Norway accept The NCP decided to process the complaint  
19 February 2010 Future in Our Hands letter Letter from IUCN to Norwegian NCP download pdf (848Kb)  
17 February 2010 Future in Our Hands report Report on nickel mining on Mindoro, submitted to Canadian NCP as part of response to the report on the case by the Canadian Ambassador. download pdf (3864Kb)  
10 February 2010 National Contact Point Norway letter Reply to Ambassador's Investigation Report on OECD Complaint vs. Intex; on behalf on ALAMIN (Alyansa Laban sa Mina). download pdf (848Kb)  
18 January 2010 National Contact Point Norway letter Letter report from Norwegian Embassy in the Philippines download pdf (145Kb)  
30 April 2009 National Contact Point Norway meeting Framtiden i våre hender was invited to attend a meeting in May 2009. Only after this meeting the NCP makes the decision whether or not to accept the case.  
31 March 2009 National Contact Point Norway letter The NCP sent Framtiden i våre a response from Intex resources and asked for comments.  
27 February 2009 Intex Resources letter In a public letter Intex Resources responds to the concerns of Framtiden i våre hender. download pdf (4858Kb)  
24 February 2009 Future in Our Hands press release Press release regarding the filing of the complaint  
26 January 2009 Future in Our Hands file Complaint filed with Norwegian NCP download pdf (155Kb)  

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