Rights-based claims and extractive industries in Asia: an assessment and ways forward

The paper identifies three main categories of rights-based claims: environmental justice, Indigenous rights and land claims, and artisanal and small-scale mining (ASM) rights. It finds that claimants often use multi-scalar strategies, combining domestic litigation with mass protests and international advocacy. While some claims lead to the suspension of extractive activities or improved corporate engagement, others are met with state oppression or violence. The study highlights the critical role of civil society organizations (CSOs) as enablers and the importance of framing strategies to maximize available resources.

• Rights-based claims in the extractive sector of South and Southeast Asia generally fall into three overlapping categories: environmental justice (e.g., rights to clean water and health), Indigenous rights and land claims (e.g., ancestral domain and self-determination), and the right to engage in artisanal and small-scale mining (ASM).
• The principle of Free, Prior and Informed Consent (FPIC) is a central theme in Indigenous rights claims, particularly in the Philippines where it is codified in the Indigenous Peoples Rights’ Act of 1997 (IPRA). However, the document notes that FPIC is often used by the state to provide "false assurances of good governance" without proper consultation.
• Rights claimants typically employ simultaneous, multi-scalar strategies. These include domestic legal activism and public interest litigation combined with mass actions such as protests, blockades, and the use of media to garner national and international support.
• Several factors impede the making of rights-based claims, including limited technical and legal knowledge, poverty, geographical isolation, and governance settings that privilege large-scale mining over ASM. In some regions, Indigenous rights activists are stigmatized as being associated with "leftist organizations" or "rebels".
• Civil society organizations (CSOs) and NGOs act as primary enablers by providing technical advice, financial support, and communication guidance. However, conflicts of interest can arise when NGO organizational agendas or donor-driven results-based accountability clash with the needs of local communities.
• Outcomes of rights-based claims vary from the recognition of new rights and the suspension of extractive activities to oppressive state responses. While some companies move toward more participatory approaches, these can remain "tokenistic". In extreme cases, responses include the murder of human rights activists.

APA

Phillips, S. K., Strambo, C., & Salamanca, A. (2020). Rights-based claims and extractive industries in Asia: an assessment and ways forward. Stockholm Environment Institute. https://www.sei.org/wp-content/uploads/2020/03/sei-wp-2020-rights-extractive-industries-wp-march-asia-strambo.pdf

Chicago

Phillips, Sara K., Claudia Strambo, and Albert Salamanca. Rights-based claims and extractive industries in Asia: an assessment and ways forward. Stockholm Environment Institute, 2020. https://www.sei.org/wp-content/uploads/2020/03/sei-wp-2020-rights-extractive-industries-wp-march-asia-strambo.pdf.

Wikipedia

{{cite report |last1=Phillips |first1=Sara K. |last2=Strambo |first2=Claudia |last3=Salamanca |first3=Albert |title=Rights-based claims and extractive industries in Asia: an assessment and ways forward |publisher=Stockholm Environment Institute |date=March 2020 |url=https://www.sei.org/wp-content/uploads/2020/03/sei-wp-2020-rights-extractive-industries-wp-march-asia-strambo.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{phillips2020rightsbased, author = {Phillips, Sara K. and Strambo, Claudia and Salamanca, Albert}, title = {{Rights-based claims and extractive industries in Asia: an assessment and ways forward}}, institution = {Stockholm Environment Institute}, year = {2020}, month = mar, url = {https://www.sei.org/wp-content/uploads/2020/03/sei-wp-2020-rights-extractive-industries-wp-march-asia-strambo.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }