Recently,
I attended the Gathering of Mesoamerican Peoples where I heard this,
“Faced with the threat that the mining
industry represents in Mesoamerica, we call out to the peoples and communities
of Honduras, Guatemala, El Salvador, Puerto Rico, Argentina, Canada and Mexico
to strengthen our networks of resistance and to build broad alliances based on
our knowledge, within which the defense of territory forms the basis of our
connections.”
Declaration from the
Gathering of Mesoamerican Peoples: “Yes to life, No to Mining” January 17-20,
2013 – Capulálpam de Méndez ,
Oaxaca , México
“Today
Capulálpam finds itself in a constant struggle against mining operations. It is
not that we are against progress,” Municipal President Juan Perez Santiago told
the four hundred to five hundred-strong people as he opened the conference. “We
are against irreversible consequences that this type of activity leaves behind.
After many years of mining activities, we’ve lost thirteen (13) different water
sources, contamination of the rivers, we’ve lost the fish. A lot of the waters
sources have been contaminated by toxic materials. Today we are saying NO to
mining because our environment is in need of our protection. We need
generations who are not at risk of suffering the decisions made by the previous
generations.”
Capulálpam
and several surrounding communities have chosen to confront the many decades of
tunnel mining which has negatively impacted their central river and
contaminated close to 50 % of their artesian springs and aquifers that sustain
the life of the communities. While the
community-unified mining alliance successfully forced the Mexican government to
address the toxic run-off and the stream degradation through the Federal
Environmental Commission suspending the rights of the concession-holder, these
suspensions are not always permanent.
Capulálpam
is concerned that recent gold discoveries under its remaining springs will
destroy their last source of pure water. Municipal President Santiago says,
“The most important aquifer that maintains our community is at risk. This is
the aquifer that sustains life throughout this watershed. It provides life to
the watershed of Capulálpam.”
Up
to the 1990’s, the mining industry was limited for foreign private interests
until the Mexican government introduced the National Mining Modernization plan.
This released 1.8 million hectares of mining concessions previously held by the
Mexican government. Along with reforms to Article 27, which sets out the
legislative frameworks for mining under the Mexican Constitution, existing
communal lands could now be leased or sold for resource exploitation,
“reversing the right of Mexican citizens to the communally-administered natural
resources necessary to sustain life.”
When
the North American Free Trade Agreement (NAFTA) was signed by Canada , Mexico
and the United States and came
into force on January 1, 1994, two (2) years after its implementation, the
process for mining concessions had been streamlined and foreign ownership
limits lifted in Mexico ,
bringing a huge increase to the number of concessions being granted.
Exploration
concessions are valid for six (6) years and if a concessionaire wishes to go
into production before the expiration of the 6 years, they may request an
exploitation concession, which is valid for 50 years and can be renewed once
for the same amount of time. Thirty percent (30%) of the national territory has
been sold in blocks of fifty (50) year mining concessions by the Mexican
government, mostly to Canadian corporations. During the Capulálpam conference,
there were stories of intimidation, assassinations and environmental degradation
perpetuated by the mining industry throughout Mesoamerica .
There
are lessons to be learned for us as we discuss and contemplate mining
development. Here in Canada, legislation has also been passed under Omnibus
Bills C-38 and C-45 without consultation, limited debate, if any, and limited
time for review, changing over one (1) hundred different pieces of legislation
and regulations that will have significant impacts to the environment and
Aboriginal and Treaty rights. They also change the public’s rights.
Approximately
99% of the lakes and rivers have lost their protection for navigation and
environmental assessment meaning 32,000 rivers and 2.25 million rivers and
could be vulnerable to industrial impacts and development. Many of these waterways include lakes,
streams and rivers that have and continue to sustain the indigenous way of
life.
Last
April 2012, the federal government announced natural resource projects will be
moved to “one project, one review” policy with “fixed timelines” for major economic projects where Environmental
Assessments (EA) are being “fast-tracked and streamlined.”
Aside
from being rushed through the Canadian Parliament as an add on to an Omnibus
Bill, getting the free, prior, and informed consent of the Indigenous Peoples
recognized under Article 19 of the United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP), to which Canada reluctantly signed under
world-wide global pressure, did not occur.
UNDRIP
Article 19 says that, “States shall
consult and cooperate in good faith with the Indigenous Peoples concerned…in
order to obtain their free, prior and informed consent before
adopting and implementing legislative or administrative measures that may
affect them.” [Emphasis added]
While
Canada considers the United Nations Declaration on the Rights of Indigenous
Peoples “non-binding” and nothing more than an “aspirational document,” it
purports to uphold the “rule of law” while ignoring many legal rulings by the
Supreme Court of Canada, such as this one triggering the Crown’s duty to
consult:
“The
foundation of the duty in the Crown’s honour and the goal of reconciliation
suggest that the ‘duty arises when the Crown has knowledge, real or
constructive, of the potential existence’ of the Aboriginal right to title and
contemplates conduct that might adversely affect it.” There are a lot of
outstanding lands claims dealing with land by Indigenous Peoples.
This
Supreme Court of Canada obligation for consultation and accommodation was never
properly discharged to the peoples to whom it is owed regarding Bills C-38 and
C-45.
When
the Crown in Right of Ontario attempted to allow mineral exploration projects
to proceed in Kitchenuhmaykoosib Inninuwug (KI) without properly consulting the
community, the Ontario Superior Court stopped the project saying that,
“allowing the project to continue without consultation was a violation of
Treaty # 9. The objective of the consultation process is to foster negotiated
settlements and avoid litigation. For this process to have any real meaning it
must occur before any activity
begins and not afterwards or at a stage where it is rendered meaningless.” (Para 89)
Kitchenuhmaykoosib
Inninuwug was the site of the signing to the adhesion to Treaty # 9 on July 5,
1929 of which KI is an original signatory. KI viewed the signing as developing
a new relationship with His Majesty and His Subjects as equal partners not a
mass land surrender as reflected in the treaty text. KI elders tell us that
they agreed to share the land and its benefits. They did not entertain nor
subscribe to engaging in a legal fiction to sign away land and resources which
have been handed down through generations or to knowingly sell their
birthright.
KI
continues to ask for the law pertaining to its rights be respected and the land
issues be resolved in a fair and just manner. Meanwhile it has had to insist
that the rule of law pertaining to its rights be followed, pressuring the
Ontario government who ended up having to pay out 2 mining/exploration
companies and forcing Ontario to unilaterally withdraw land from prospecting
and mining claim staking in KI territory, similar to what Capulálpam had to do
to get the Mexican government to address the environmental degradation brought
on by decades of mining in their territory. The site where KI asked the last
exploration company to leave was an old mining site which has never been rehabilitated
and its environmental and health impacts undetermined.
The
federal government Bills C-38 and C-45 remove many protections for water, fish
and the environment seemingly to push development at all costs while attempting
to discredit and silence the voices who speak out as “radical” that “ threaten
to hijack our regulatory system to achieve their radical ideological agenda.”
Throughout
the globe and here in Canada, legislation is being enacted by governments to
enable resource-hungry companies to exploit the natural resources at all costs.
These resources are often located on the homelands of the Indigenous Peoples
who are currently harvesting the abundance and surviving from the lands into
which they were born.
The
United Nations Declaration on the Rights of Indigenous Peoples Article 32 says
that, “States shall consult and cooperate in good faith with the Indigenous
Peoples concerned…in order to obtain their free, prior and informed consent prior to the approval of any project affecting their land or
territories and other resources, particularly in connection with the
development, utilization or exploitation of mineral, water or other resources.”
[Emphasis added].
The
Indigenous Peoples of Mesoamerica, including KI are taking similar stands “in
defense of life, our sacred spaces, our forests, rivers, hills, sources of
water and our children,” and are reaching out to people globally to support, ““A change in the economic and political
development model that currently permits the looting of territories as well as
a change in the authoritarian, colonial, military and patriarchal structure of
governance. Respect for the decisions of peoples should be a fundamental part
of the new relationship with nation-states. This means exercising the right to
self-determination of Indigenous, campesino and rural peoples.”
Municipal
President Santiago speaking from experience spoke eloquently against unbridled
development and unsustainable mining practices: “We say No to mining because
with mining we are exchanging life for death, life for destruction, the life
that we see in our mountains and our forests. We want to make sure that the
community of Capulálpam and all of the communities present here are supported
in their struggle against mining.”
Here
in Canada, legislation has been enacted to expedite resource extraction while provincial
and federal governments make deals with companies in other countries for the
untapped resources often located on indigenous homelands like the Ring of Fire
in Northern Ontario. These deals are being made on the premise that there is
unfettered access to the territories which are lined with outstanding legal
obligations through treaties and other constitutional mandates. At the same
time, credible science offered by various environmental groups have fallen on
deaf ears. Globally, the call of Capulálpam for building alliances and building
the network of resistance echoes into Canada aligning with the cry – when
injustice becomes law, resistance is the outcome.