Gran Sabana

Manuela Gallini, member of our group Mujeres del Agua in Venezuela, has written an article on the situation in the south-east of the country entitled “Between Gold and Tradition”.

The original text in Spanish is available here, and a (rough) translation into English is available here.

LAMMP attended the introductory exchange between stakeholders and the United Nations’ Working Group on the issue of human rights and transnational corporations and other business enterprises, which was held at the Palais des Nations, Geneva on 20th January.

Project Director Glevys Rondón submitted the following:

1. LAMMP works in Latin America in partnership with rural and indigenous groups suffering the impact of destructive mining projects.

2. Our two key points to the working group are:

2.1. To focus your work on what is actually happening on the ground,where mining corporations are behaving irresponsibly. The Marlin mine in Guatemala is an emblematic example of what corporations can do: not just to undermine peace and the rule of law in the region but also to dismiss concerns presented by indigenous communities before the Inter American Court of Human Rights (IACHR) – the region’s most respected institution and an independent body of the Organisation of American States (OAS).

On the 20^th May 2010 after studying evidence presented in 2007 by groups in support of Mayan communities directly affected by the Marlin mine (wholly owned by Canadian Goldcorp), the IACHR in an unprecedented step called (MC-260-07) on the government of Guatemala to adopt precautionary measures, including the suspension of the activities of the Marlin mine by 24^th June 2010. The IACHR also ordered the government to implement effective measures to protect the health of more than 18 indigenous communities of San Miguel Ixtahuacán. In March 2010 the International Labor Organization (ILO) had also formally requested the mine’s suspension.

Despite promises that it would comply, a few months later (8^th July 2011) the Guatemalan government concluded that there was no basis for suspending operation of the mine. Despite public outcry, on 11^th July 2011 the government of Guatemala petitioned the IACHR to declare the precautionary measures to be without further effect. On 20^th December 2011 the IACHR notified the Guatemalan government of its decision to withdraw its demand that Guatemala close Goldcorp’s Marlin Mine.

 2.2 To focus your work on rural and indigenous women as the most vulnerable group within communities affected by mining projects. Their concerns are routinely ignored, and women who insist are ridiculed on the grounds that mining has no impact on the private world of women.

3. As Professor Ruggie and the Special Rapporteur on Indigenous People have repeatedly stated, violations of human rights in Latin America are very serious and linked to mining activities. We urge the working group to consider visiting the region. We pledge our support to such a visit.

A declaration signed by many inhabitants of the area affected by the Rio Blanco mining project in Ecuador, declaring that they had never been consulted on the impact of the mine, was delivered to the offices of the Defensoría del Pueblo in Azuay.

More details are available here (in Spanish), and press coverage in El Tiempo and El Mercurio.

Two groups which LAMMP supports in Ecuador, the Frente de Defensoras de la Pachamama and the Frente de Mujeres Guardianas de la Amazonia met with officials from the Ombudsman in Quito.

They discussed the situation with Corriente Resources, and progress on the Rio Blanco project.

Further information is available in Spanish on their website.

(Photo: MadreTierra)

Amnesty International has issued an Urgent Action Alert for the circumstances surrounding mining in Santa Rosa, south-eastern Guatemala.

The alert is available in English and Spanish, and there is more information available on the website of MadreSelva.

(Photo: Archivo/s21)

Siglo 21 reports that the Inter-American Commission for Human Rights has asked the Guatemalan government to ensure the quality of drinking water supplied to 18 Mayan communities close to the Marlin mine, operated by Montana Exploradora de Guatemala, S.A. part of the Canadian company Goldcorp Inc., which also has the story in Spanish on its website and in English.

The complete Siglo 21 article is available in Spanish.

Protests at Pacific Rim's actions (Photo: Ron Carver)

The Canadian company Pacific Rim Mining Corporation is suing the government of El Salvador for approximately $77,000,000 in Washington, for its failure to approve a gold-mining project along the Lempa River.

Full details can be read at Inter Press Service.

(Photo: Ron Carver)

There have been strong protests in the Cajamarca region of Peru with huge demonstrations, road blocks and occupation of the Conga gold mine site belonging to Yanacocha/Newmont. This resulted in police shooting unarmed protesters on 29 November and the mine announcing suspension of the project on the same day.

Given the entrenchment of opposition to mine, including by thousands of subsistence farmers who have said they are ready to die to prevent this mine, there appears to be a real risk of large scale violence.

Michael Watts has produced a video clip in support of the Conga campaign. To see it click here.

LAMMP has written an open letter to President Humala concerning the situation. The text of the letter is available in Spanish and English, together with a list of organisations and individuals signing the letter.

20 September 2011 – Extraction of natural resources and other major development projects in or near the territories of indigenous peoples is one of the most significant sources of abuse of their human rights worldwide, an independent United Nations expert warned today.
“In its prevailing form, the model for advancing with natural resource extraction within the territories of indigenous peoples appears to run counter to the self-determination of indigenous peoples in the political, social and economic spheres,” the Special Rapporteur on the rights of indigenous peoples James Anaya told the UN Human Rights Council in Geneva.

In a report based on answers to a questionnaire he distributed to governments, indigenous peoples and organizations, business corporations and other actors, he cited conflicting viewpoints on the potential adverse impact and benefits of such activities as mining, forestry, oil and natural gas extraction and hydroelectric projects in indigenous territories.

He said he had made it a priority to reconcile the differing views and courses of action to ensure the full protection of indigenous rights and promote best practices through a broad dialogue with governments, indigenous peoples’ organizations, corporate actors and international institutions, in which consensus-building would be a key element.

“The lack of a minimum common ground for understanding the key issues by all actors concerned entails a major barrier for the effective protection and realization of indigenous peoples’ rights,” he added, praising a new Peruvian law compelling private companies to consult indigenous communities before going ahead with major projects such as mining.

Among key concerns, Mr. Anaya included the gradual loss of control by indigenous peoples over lands, territories and natural resources; water source depletion and contamination for drinking, farming and grazing; the adverse effects of water and airborne pollution on overall community health; and an increase in infectious diseases spread by interaction with workers or settlers.

Another concern was the adverse impact on indigenous social structures and cultures, including alarming rates of alcoholism and prostitution previously unheard of among such peoples, imported by illegal loggers or miners, non-indigenous workers and industry personnel in specific projects, and increased traffic due to the construction of roads and other infrastructure.

“Submissions by indigenous peoples and non-governmental organizations (NGOs) also reported an escalation of violence by government and private security forces as a consequence of extractive operations in indigenous territories, especially against indigenous leaders,” Mr. Anaya noted. “A general repression of human rights was reported in situations where entire communities had voiced their opposition to extractive operations.”

Several governments highlighted the key importance of natural resource extraction projects for their domestic economies that, reportedly accounting for up to 60 to 70 per cent of the gross national product (GNP) in some countries, with positive benefits for indigenous peoples.

Mining companies noted that indigenous peoples have been direct beneficiaries of basic infrastructure construction such as roads, communications, electricity and water services, as well as health and educational opportunities.

But most indigenous peoples underscored the adverse effects on their environment, culture and societies, which they said outweighed the minimal or short-term benefits arising out of extractive operations.

For example, a member of the Pemon people of Venezuela reported that benefits from extractive industries were not a top priority within the community, which sought “healthy communities, with no infections, in a pollution-free environment,” Mr. Anaya said.

Similarly, an organization representing the traditional authorities of the Cofan people of Colombia concluded that “indigenous peoples are left with no option other than to try to find something positive for their communities out of the disaster left behind by the extraction of oil, mineral, and other resources” in their lands.

“The vast majority of indigenous peoples’ responses, many of which stemmed from the direct experience of specific projects affecting their territories and communities, rather emphasized a common perception of disenfranchisement, ignorance of their rights and concerns on the part of States and businesses enterprises, and constant life insecurity in the face of encroaching extractive activities,” Mr. Anaya said.

AFTER SIX YEARS MONTERRICO METALS FINALLY AGREES ON COMPENSATION FOR TORTURE VICTIMS IN PERU

After six years of legal wrangling the English mining corporation Monterrico Metals has finally agreed to pay compensation to thirty-three protesters who were arrested, detained and brutally tortured for three days at the mining site operated by the company’s subsidiary Rio Blanco Copper SA. In 2005.

After photographic evidence confirming the protesters’ claims of torture came to light in 2009, the London law firm Leigh Day took up their case and began proceedings against Monterrico at the High Court in London. The company denied charges alleging that it was complicit in the torturing of the protesters and blamed the police instead. Given that Monterrico was delisting from the London stock exchange and transferring its assets and operations to China, home of its parent company, lawyers for the protesters applied to the High Court for an injunction to freeze its assets in a sum sufficient to cover damages and legal costs. The result was a freezing injunction of £5 million against Monterrico, the Court ruling that the protesters had a “good arguable case”.

While preparing for the trial the lawyers learned that for a year before and a year after the events in 2005 opponents of the mine had been subjected to numerous other acts of violence and provocation. Following a two-day hearing to consider whether these acts could be considered as evidence that Monterrico/Rio Blanco “ordered and orchestrated” the abuse of the protesters in 2005 and showing that the actions of Monterrico/Rio Blanco officers in July 2005 were “part of a larger strategy of intimidation and violence directed against mine opponents”, the High Court ruled in favour of the victims. This allowed an amendment of their claims to include the allegations of the company’s past and subsequent complicity in the wrongdoing.

With a two-week trial in London scheduled for October 2011, the victims planned to call eighty witnesses to testify. However, in this current month of July Monterrico Metals has agreed to an out-of-court settlement in which it will pay compensation to the victims. This landmark case is the first time a European corporation has been sued for torture.

LAMMP works with and support Cleofe Neyra and Elisabeth Cunya they only two women among the protesters who were illegally detained at the mine camp.

For further information read here: http://lammp.org/wp- content/uploads//2011/07/PeruLeaflet1.pdf