JUSTICE FOR THE TUMANDOKS: Complaints filed in South Korea over Jalaur megadam funding, builder

By Rjay Zuriaga Castor

The struggle of Panay’s Tumandok people against the controversial Jalaur megadam has reached South Korea, where rights groups have filed complaints against the project’s Korean financier and contractor over alleged human rights violations and environmental harm.

The Tumandok Indigenous People of Panay, the Jalaur River for the People’s Movement (JRPM), and civil society group Korean Transnational Corporations Watch submitted two separate 16-page complaints on Aug. 26.

Daily Guardian has requested comment from the National Irrigation Administration (NIA-6), which implemente the project, but it has yet to respond.

The first complaint, filed by the Tumandok and JRPM, was lodged before the Human Rights Management Committee of the Export-Import Bank of Korea (KEXIM) and its Economic Development Cooperation Fund (EDCF).

The group accused KEXIM of violating its own safeguard policies and the Organisation for Economic Co-operation and Development (OECD) guidelines by funding the Jalaur River Multipurpose Project Stage II (JRMP II).

The second complaint, filed jointly by the three groups, was submitted to South Korea’s National Contact Point (NCP) against Daewoo Engineering and Construction Co. Ltd., the contractor for JRMP II, for alleged breaches of OECD corporate responsibility standards.

“This case is a tribute to the martyrs and heroes of the Tumandok,” said JRPM coordinator John Ian Alenciaga in an interview with Daily Guardian on Aug. 27.

“We are hopeful that this case sends a message that justice must be given to those who have died, to those who have been victimized, and to those affected.”

He expressed hope the case would set a precedent to halt Official Development Assistance (ODA) projects that result in destruction and human rights abuses.

The filing coincided with the International Day of Solidarity and Action for the Tumandok People and Indigenous Peoples Month.

Aug. 26 is also recognized as the Day of Heroes and Martyrs in Panay, commemorating Indigenous leaders who defended their ancestral lands.

JUSTICE FOR TUMANDOK 9

In their complaint to KEXIM’s Human Rights Management Committee, the groups alleged multiple violations of EDCF safeguard policies and OECD guidelines in the megadam project.

They called it a “landmark” case—the first ODA-related complaint filed with the committee since KEXIM established it in 2016 and expanded its mandate in 2020.

According to the complaint obtained by Daily Guardian, the project has led to displacement, environmental damage, and the persecution of Indigenous communities.

It highlighted the Dec. 30, 2020, killings of nine Tumandok leaders during a joint police and military operation in Capiz and Iloilo on Panay Island.

The leaders were asleep when they were killed.

Human rights groups have rejected official claims that the victims fought back, stating they were unarmed activists opposing the dam.

Sixteen others were arrested during the same operation and detained on what the groups described as trumped-up charges.

The complaint also detailed the loss of ancestral lands and burial grounds, forced displacements, and the absence of free, prior, and informed consent.

It cited a 2024 report by UN Special Rapporteur Ian Fry, who said Tumandok communities were coerced by the military into signing consent forms and faced red-tagging, intimidation, and violence.

The complainants urged KEXIM to withdraw financial support for JRMP II and halt support for similar projects that displace communities and violate human rights.

They also called on KEXIM to end its cooperation with the National Irrigation Administration (NIA) and the National Commission on Indigenous Peoples (NCIP), both of which were accused of participating in coercion and abuses.

KEXIM was petitioned to acknowledge the human rights violations, respect the Tumandok’s identity and right to self-determination, and issue a formal apology for enabling the abuses.

WHY KEXIM’S HUMAN RIGHTS COMMITTEE?

JRMP II is partially financed by KEXIM through a 2012 loan agreement.

The PHP8.96 billion loan supports the construction of dams, reservoirs, canals, and other related infrastructure.

A 2011 memorandum of understanding between the Philippine Department of Agriculture–NIA and KEXIM established the project’s cooperation framework.

Since its approval, the project’s cost has increased due to inflation, exchange rate changes, and KEXIM’s additional requirements.

In July 2023, the National Economic and Development Authority Board, chaired by President Ferdinand Marcos Jr., approved in principle a loan restructuring that added PHP8.48 billion to complete the project.

The restructuring enabled continued implementation, with the project nearing 80% completion as of June 2025.

KEXIM established its Human Rights Management Committee to address risks tied to its financing operations and to align with OECD guidelines and international human rights standards.

It is tasked with assessing and managing human rights impacts in EDCF-supported projects.

“This is the first time a case like this has been filed,” Alenciaga said.

“We cling to hope that this case will prosper and correct the narrative that the massacre was legitimate — it was a deliberate massacre.”

COMPLAINT VS. DAEWOO

The second complaint, submitted to the Korean NCP, accuses Daewoo of violating the OECD Guidelines for Multinational Enterprises and other international norms.

The Korean NCP, established in 2001, handles non-judicial complaints related to business conduct and human rights violations.

It comprises eight members—four from government and four from the private sector—and serves as a grievance mechanism under the OECD framework.

Complainants said Daewoo’s involvement in the dam project directly contributed to displacement, desecration of burial grounds, environmental damage, militarization, and the Tumandok massacre.

They argued that Daewoo failed to perform due diligence and neglected its obligation to prevent or remedy human rights violations tied to its operations.

The groups called on the NCP to urge Daewoo to withdraw from the project, avoid similar engagements, and cut ties with NIA and NCIP.

They also sought accountability under Korean and international law, including an independent investigation and reparations for affected communities.

Daewoo’s contract with NIA expired on Nov. 15, 2024.

The company did not renew the agreement, and the parties signed an amendment reducing Daewoo’s deliverables.

“We hope the decision favors the victims,” Alenciaga said.

“But if not, we will still do everything to protect them.”

INITIALLY REJECTED

Alenciaga recalled that JRPM first filed a complaint in October 2018 against KEXIM and Daewoo with the Korean NCP.

It was rejected on grounds that the Jalaur dam was a non-commercial project, exempt from OECD guidelines.

He said the 2020 massacre and recent developments revived their hope for accountability.

The Department of Justice was urged to investigate the killings, but Alenciaga said delays and institutional inaction have hindered justice.

“The problem is that even government agencies like the Philippine National Police don’t submit the needed documents to prosecutors,” he said.

Although the Commission on Human Rights officially recognized the killings as human rights violations, Alenciaga said the CHR’s limited powers prevent it from fully pursuing accountability.

“The CHR has no subpoena powers or prosecutorial authority. It is limited in what it can do,” he added.

These setbacks pushed the groups to seek justice abroad.

Alenciaga said ongoing militarization in Indigenous communities continues to instill fear, discouraging local legal action.

He said they no longer trust the Marcos administration to deliver justice and are relying on international cooperation and human rights bodies.

As of this writing, the high dam, afterbay dam, and catch dam are completed.

Impounding is ongoing, and canal construction is underway.

Despite nearing completion, Alenciaga said the complaints aim to stop the dam’s full operation due to flooding risks and the inadequacy of flood control systems.