Indigenous Peoples and Human Rights

September 30, 2007

Mayans in Guatemala: No compromise, halt gold mining

By Brenda Norrell

Sipakapa is not for sale, Mayan community turned down corporate mining cash

TUCSON, Ariz. – Gold and silver mining in the Mayan homelands in northern Guatemala, near the border with Chiapas, Mexico, is poisoning the water and explosives are destroying the homes in the rural farming community of Sipakapa, Guatemala.

“While the gold mine is there and operating, there is no solution. The only solution is to stop the mining,” said Mario Tema, Mayan from Sipakapa, during an interview at the Western Mining Action Network Conference in Tucson on Sept. 29.

Goldcorp (formerly Glamis Gold) is mining silver and gold at the open-pit Marlin Mine, between two Mayan communities, Sipakapa and San Miguel Ixtahuacan in the San Marcos highlands.

Speaking through a translator, Tema said, “There is a new mine in Guatemala. It is the first of its kind. It has created many problems in our community, especially social problems.
“The government is supporting the mine politically. It makes our organizing very difficult, because it means people are speaking out not just against the mine, but against the government.”
Tema said the mine has been in operation for two years and is causing impacts, both environmental and social impacts.
“We know there is acid mine drainage in the river. There are heavy metals in the river near one mine site. There are also social impacts from the explosives. People are living 500 meters from the explosives used at the mine and there are cracks in their houses. Now, their roofs are leaking. Seventy-two homes have been damaged. We’re talking about 72 families, with an average of six people in each family.”
“The mining company must take responsibility for helping them repair their homes.”
Tema points out there are 22 different Mayan languages in the region. The mine will not just harm the Sipakapense speaking Mayans in Sipakapa and Mam speaking Mayans in San Miguel, but will affect the entire western highlands region of Guatemala now targeted as a mining district.
MineWatch Canada reports that promoters of the mining industry -- the World Bank, Glamis Gold (now Goldcorp) and the governments of Guatemala, Canada and the United States -- promoted the Marlin mine as a "development" project. In reality, however, the mine is simply a business that enriches an international corporation at the expense of the good development of communities.
After the World Bank’s $45 million loan to Glamis, the government of Guatemala began militarization and repression. On January 11, 2005, the government sent more 1,200 soldiers and 400 police agents to Los Encuentros, Sololá, to protect the passage of a cylinder destined for the Marlin Mine. The State forces used tear gas and bullets against the Kaqchikel brothers and sisters who for weeks had been detaining the transportation of the cylinder in protest. Raúl Castro Bocel was murdered by State security forces and more than 20 were injured.
The gold mining company brought in an Israeli security company, which killed one of the people. In San Miguel Ixtahuacán, on March 23, 2005, an employee of the private Israeli security company hired by Glamis Gold, the Golan Group, shot and killed Alvaro Benigno Sánchez, leaving four children without their father.
In Tucson, Tema said the people in his community of Sipakapa have responded with consultation and an overwhelming “No” vote to mining.
“People are also in conflict with their local authorities. The opposition has taken the form of organizing community consultation. Community members were asked to respond, ‘Yes’ or ‘No’ on the issue of mining. The people said ‘No.’”
“But the mining companies try to divide the people. It is always generating more conflict in our community."
In Tema’s community, there are 15,000 people and 92 percent are Mayans, with 8 percent of mixed ancestry. There is no commercial industry and people survive from family farms. Some have cows, but no more than six.
In Tucson, Tema said the benefit of attending the Western Mining Action Network Conference came from sharing with other people impacted by mining and discovering how they are working to halt mining. He particularly learned a great deal from Western Shoshone Carrie Dann, leading the fight for Western Shoshone land rights as corporations seize Shoshone territory in Nevada for nuclear testing and gold mining.
Meanwhile, in Guatemala, elections have been underway. Tema said candidates from the civic committee, born out of resistance to mining, did well in municipal elections. The newly elected officials take office January 15, 2008, for a period of four years.
“We have municipal support. We can make decisions and continue to resist this mining project. We can start to make laws and regulations to protect our territories,” Tema said.
“We can engage in our strength in a legal and political way. We have public power in our hands. We have ‘people power’ to work for the benefit of the people in the community.”
Although activist Rigoberta Menchu did not receive enough votes to remain in the race for President of Guatemala, her effort was celebrated.
“For any Indigenous person to stand up and run for president, it is important. We need to pay attention to it,” Tema said.
“In the case of Rigoberta Menchu, it is an historic event. There has not been an Indigenous person running for president since the establishment of the national government in 1821. There has never been an Indigenous person running for President of Guatemala.”
Meanwhile, MiningWatch Canada reports that the Marlin silver-gold mine was discovered by Francisco Gold and developed by Glamis Gold, through its fully owned subsidiary Montana Exploradora de Guatemala. There has been serious and prolonged protest by Mayan villages in the San Miguel Ixtahuacan, which comprises 19 villages, and Sipacapa, which comprises 13 villages, in Guatemala’s highlands department of San Marcos.
Over the past two years, villages in San Miguel Ixtahuacan have been transformed into an open pit mine, which will eventually encompass five square kilometers. Eighty-five percent of the total expanse of the mine is in San Miguel Ixtahuacan and 15 percent is in Sipacapa.
The municipality of San Miguel Ixtahuacan has a population of 39,000, most of whom are Mam Maya farmers who depend on farming to survive. Before production at the mine began, there were numerous protests.
In 2006, Goldcorp predecessor Glamis paid for workers from its Marlin Mine to participate in pro-mining demonstrations.
Two years ago, when residents of Sipacapa heard about the mine, they organized a referendum (Consulta) using the International Labour Organization’s Convention 169, which affirms the right of Indigenous communities to be consulted in good faith before industrial activity take place on their lands. The people of Sipacapa voted overwhelming against the mine.
Montana Exploradora de Guatemala filed an unconstitutionality suit, as well as an appeal, against the Consulta in 2005. On May 8, 2007, the Guatemalan Constitutional Court ruled that the Consulta was unconstitutional.
In early 2007, the company offered the municipality a “gift,” of $150,000 CDN. It was refused.
--Goldcorp mining in Indigenous territories in the Americas
Goldcorp has gold mining interests in Indigenous territories, including mines in Canada (Red Lake Complex in northwestern Ontario; Musslewhite in Ontario and Porcupine in northeastern Ontario.)
Goldcorp mining interests include mines in Argentina (Bajo de la Alumbrera), Australia (Peak Gold Mine), Brazil (Amapari mine in the northern state of Anapa), Chile (La Coipa gold and silver mine) Guatemala (Marlin Mine and Cerro Blanco), Dominican Republic (Pueblo Viejo) and Honduras (San Martin Mine.)
In Mexico, Goldcorp’s interest include Los Filos/Bermejal and Nukay mines, both in the state of Guerrero, El Sauzal in Chihuahua in the northern state and Penasquito in Zacatecas.
In the United States, Goldcorp has 66.7 percent interest in the Glamis Marigold Mining Company in Humboldt County, Nevada. Goldcorp owns Wharf open pit gold mine in the Bald Mountain mining district of South Dakota.
The Imperial Project is a proposed open pit gold mining operation in the Imperial Valley in southern California. The Quechan Nation is battling Goldcorp/Glamis Gold over the proposed open pit cyanide leaching gold operation, which would violate their sacred Spirit Trail and a wilderness area.

Photo: Mario Tema with Carrie Dann, Western Shoshone. Photo Brenda Norrell
Please see first in series: "Peru’s Indigenous Peoples arise in defense of Earth from mining"
http://www.bsnorrell.blogspot.com/

September 29, 2007

Empowered: Indigenous Peoples organize to halt mining in Americas

By Brenda Norrell


TUCSON, Ariz. -- Indigenous Peoples from throughout the Americas fighting mining gathered to organize and support one another to halt the mining destroying their communities and the environment.
The first in the series of articles focuses on the delegation from Peru, fighting copper mining and the poisoning of water sources.

Coal, gold, silver, copper and uranium mining in Indigenous territories has reached the level of a global crisis. Nikos Pastos of Alaska's Big Village Network said climate change and melting ice, combined with oil drilling, result in unprecedented dangers for polar bears, walruses and whales.

On the Navajo Nation and near its borders, proposals for new uranium mines, coal mining and the Desert Rock Power Plant pose threats to land and air already heavy with toxins. Manny Pino, Acoma Pueblo, said the sacred sites endangered by new proposed uranium mining include Mount Taylor in New Mexico, sacred to Pueblos, Navajos and other tribes in the region.

At the root of the problem, says Western Shoshone Carried Dann, are the IRA tribal governments who are acting in the best interest of energy companies, rather than the best interest of the people.
Louise Benally, Navajo from Big Mountains, Ariz., said the Earth is being "butchered" by mining and elected leaders at both the tribal and federal level are responsible and must be replaced.
In a story which repeats itself in every geographic region of the Americas, mining is rupturing communities and poisoning the environment, including the First Nations in Canada, Mayan in Guatemala and the Spokane Nation in Washington.

The series begins today.
Photos: Banquet at the Western Mining Action Network Conference in Tucson: Navajos Leona Morgan, Robert Tohe; Nikos Pastos and Manny Pino; Hunter Red Day and band. Photos Brenda Norrell

Hopi's 'Water is Life,' message carried by runners


"Hopi, Water is Life," is the message on the shirts of both Hunter Red Day, Navajo/Dakota and Manny Pino, Acoma Pueblo, attending the Western Mining Action Network Conference 2007 in Tucson today. During Hopi sacred runs, runners have carried the message of the sacred nature of water. Native people attending the mining action conference said the contamination of drinking water by uranium, coal, copper, gold and silver mining corporatons has created a global crisis for Indigenous Peoples. Photo Brenda Norrell

Peru's Indigenous Peoples arise in defense of Earth from mining

Andean Indigenous Peoples organize in defense of land, prepare for mobilization on 'Day of Genocide,' October 12

By Brenda Norrell

TUCSON, Ariz. – Indigenous Peoples from Peru say that while their country’s leaders have endorsed the Declaration on the Rights of Indigenous Peoples at the international level, at home the federal government is preparing to forcibly claim Indigenous lands for mining.

Indigenous Peoples are now struggling to protect their territories from a proposed law that would claim the right to appropriate Indigenous territories based on the Peruvian government’s claim that it is a matter of “national interest.”

Speaking out against mining, Quechua leader Miguel Palacin of Lima, Peru, said Andean Peoples from Colombia, Ecuador, Peru, Bolivia, Chile and Argentina have organized to protect Indigenous territories in this region. Palacin is coordinator of the Coordinadora Andina de Organizaciones Indigenas (Andean Federation of Indigenous Organizations.)

“This group is working to protect Indigenous rights,” Palacin said, speaking through a translator during an interview at the Western Mining Action Network Conference 2007, held in Tucson on Sept. 28 – 29.

Palacin said the concept of Indigenous territories does not only refer to the lands of Indigenous Peoples, but also to Indigenous' languages, cultures, values and clothing. Indigenous territories include the right to autonomy and self-governance based on Indigenous Peoples’ own legal systems and principles.

“This is a fundamental right, a right that is being offended by the politics of globalization, the invasion of transnational corporations and the contamination that is damaging the life and culture.”

Palacin said it is essential to grow in visibility and expose the mining, energy and hydroelectric corporations seizing Indigenous territories for profit.

He said Indigenous territories are under attack by governments. “The governments are campaigning against the social movement.” This is particularly true in Colombia, where Indigenous Peoples are confronted by the federal government, FARC and the paramilitaries.

“In Colombia, there has been a lot of death and displacement.”

However, Palacin said there is also hope. In both Bolivia and Ecuador, new Constitutional reforms propose changes that respect Indigenous Peoples rights.

Further, the Andean Federation of Indigenous Organizations is now proposing the establishment of Indigenous Diplomats, to meet with governments to explain their positions. These include opposition to Free Trade agreements and militarization. Further, concerns are arising because of new visa and passport requirements.

In support of these struggles, Indigenous Peoples plan mobilizations throughout South America on the “Day of Genocide,” October 12, followed by a delegation to Europe on Oct. 13, he said.

“The Indigenous movement has power in the south. We want to be included in the transformation of our countries. Indigenous Peoples have the right to govern their countries," Palacin said.

Attorney Javier Aroca of Lima, Peru, said the government of Peru has criminalized the social movement to protect the land. “Mining is very strong. The government really supports this industry because they view it as a means of receiving a lot of revenues.

“Whoever opposes mining is seen as a terrorist and anti-patriotic,” Aroca said, during an interview in Tucson.

At issue now are the mining companies who obtain their leases from leaders without consultation of the community, including copper mines.

“The biggest concern is water,” Aroca said, pointing out that water from the mountain tops flows throughout the region. Where copper mine exploration is being carried out, there are natural protected reserves in the high mountain region.

“These mountain top areas are the source of water.”

Aroca said the Peruvian government supported the Declaration on the Rights of Indigenous Peoples, including the right to free, informed and prior consent and Indigenous Peoples' rights to their territories.

“But in practice, the Peruvian government is doing the opposite.”

Currently, opposition is mounting to oppose a law in the Peruvian Congress, which would allow Indigenous lands to be appropriated in the name of “national interest,” Aroca said.

“If this law is passed, it would trash eight years of work in support of Indigenous Peoples rights.”

The representatives from Peru joined Indigenous Peoples from throughout the Americas at the Western Mining Action Network conference, including Western Shoshone Carrie Dann; Navajo Louise Benally from Big Mountain, Ariz.; Manny Pino, Acoma Pueblo and member of the International Indian Treaty Council; Tom Goldtooth, Navajo/Dakota director of the Indigenous Environmental Network; Twa-le Abrahamson of the Shawl Society Spokane Nation, Wash.; Flora Natomagan, Hatchet Lake Band of First Nations from Canada who served previously as chief; Dailan Long, Navajo from Dine' CARE, Wahleah Johns, Navajo from the Black Mesa Water Coalition and other Indigenous Peoples whose communities have been devastated by uranium mining, coal mining, power plants, copper mining and other natural resource extractions and contaminating energy development.

Miguel Palacin, Quechua, is the first coordinator of the Andean Federation of Indigenous Organizations. He is originally from Vicco in the central Andes of Peru. Earlier, in 1999, he founded the National Federation of Peruvian Communities Affected by Mining, CONACAMI, an organization that defends the rights of communities affected by mining.

Javier Aroca is an attorney specializing in Indigenous Peoples, rural communities and Native Rights law. He is currently the Regional Coordinator for Oxfam America’s Extractive Industries Program at the South American Regional Office.


Photo: Quechua leader Miguel Palacin in Tucson. Photo 2: Oxfam's Laura Inouye; translator Sofia Vergara; Javier Aroca, attorney from Lima, Peru; Quechua Miguel Palacin from Peru. Photos Brenda Norrell
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