by Deep Green Resistance News Service | Nov 14, 2012 | Colonialism & Conquest, Indigenous Autonomy, Protests & Symbolic Acts
By Daniela Pastrana / Inter Press Service
“What do we stand to lose because of the dam? We will lose everything!” said Maria Abigail Agredani, a member of the committee for this indigenous community in the western Mexican state of Jalisco, reporting the damage that will be caused by the hydroelectric complex being built nearby.
“We will lose the right to life, our culture, traditions, peace, happiness and freedom, our burial sites and our dead, the square, the Christ of Temaca that we love so much, the Agave temacapulinensis plant, the Verde river and 14 centuries of our people’s history,” said Agredani.
She is a member of the movement to “Save Temacapulín, Acasico and Palmarejo,” small towns that will be completely submerged if the El Zapotillo dam is completed.
Temacapulín, a town of 1,500 people in a kind of bowl surrounded by four hills, hosted a pre-hearing this week about dams by the Permanent People’s Tribunal (PPT), which has held sessions in this country since October 2011.
After listening to the testimonies of people from nine communities that have fought the construction of hydropower complexes in five of the country’s provinces, the members of the PPT issued their verdict Wednesday Nov. 8, condemning the Mexican government and demanding the definitive cancellation of all the hydroelectric megaprojects.
“In no case has the right to consulting with and providing information to the affected communities been respected,” said one of the tribunal judges, Monti Aguirre, as she read out the verdict, which maintains that the procedures have been characterised by “systematic and continued violation of individual and collective economic, social and cultural rights of individuals and communities under threat.”
The PPT was founded in 1979 in the Italian city of Bologna, inspired by Lellio Basso, a lawyer and political leader. It is an international ethical tribunal that seeks to try cases in which crimes against humanity are denounced. Although its rulings are non-binding, they carry moral weight.
The Mexican PPT will conclude its work in 2014, at a final hearing which will review the verdicts of all the pre-hearings held during three years of trials of the Mexican state, on issues such as the dirty war and human rights, migration and forced displacement, femicide (gender-related murder) and gender violence, and workers’ rights.
Its work also includes matters related to attacks on maize and food sovereignty, environmental destruction, disinformation, censorship and violence against journalists.
At this pre-hearing about dams, which is included in the panel on environmental destruction, Miloon Kothari of India, a former United Nations Special Rapporteur on the right to adequate housing, and Professor Carlos Bernardo Vainer of the Federal University of Rio de Janeiro, were invited to act as international judges.
Maude Barlow, a Canadian activist for the right to water, and Monti Aguirre, the Latin America programme coordinator for International Rivers, were also invited.
Local experts Francisco López Bárcenas, an indigenous rights lawyer, Luis Daniel Vázquez, coordinator of the doctoral programme in social sciences at the Latin American Faculty of Social Sciences, and Patricia Ávila of the Ecosystems Research Centre at the National Autonomous University of Mexico also served on the PPT.
In an interview with IPS, Vainer emphasised that a constant feature of complaints from these communities is the lack of information and consultation, and indeed even disinformation that appears to be premeditated on the part of the federal government.
“People are not given adequate, timely information. This seems to be a general complaint,” he said.
The problem, he said, is how each of these cases is connected with the global market. He noted that the links between the dam-building industry and large energy-consuming industries with the financial sector result in emerging economies importing technologically obsolete projects in their efforts to develop.
“To supply people’s energy needs, large dams are not needed, because megaprojects do not serve local development but industrial centres. But how much is energy worth, and what is the value of a nation, a culture or a people? There is no possible comparison,” he said.
In the view of López Bárcenas, the pre-hearing clearly established that the outgoing Mexican government of conservative President Felipe Calderón is “plundering communities” and granting concessions for exploiting natural resources to powerful groups.
“Public policies are promoting the stripping of resources, not the development of communities, and those resources are passed on to other sectors, like mining, hydropower, wind farms and tourism,” he said.
One of the most worrying cases presented at the pre-hearing was that of the Arcediano dam, also in Jalisco. The project is meant to supply water to Guadalajara, the state capital.
If the plan had gone ahead, the village of Arcediano would have ended up entirely underwater. However, in 2009 it was cancelled before completion. But the former residents had to move to small houses in resettlement communities on the outskirts of the state capital.
Guadalupe Lara, who was the last person to leave her home, is now about to publish a book about her struggle titled “Yo vi a mi pueblo morir” (I saw my village die). She told IPS it is “very sad and frustrating to see how those who ought to look after us are robbing us instead.”
Read more from Inter Press Service: http://www.ipsnews.net/2012/11/peoples-tribunal-defends-native-villages-from-dams/
by Deep Green Resistance News Service | Nov 5, 2012 | Colonialism & Conquest, Indigenous Autonomy, Lobbying, Obstruction & Occupation
By Jennifer M. Smith / Upside-Down World
More than five centuries after Colombus’ arrival in the Americas, the invasion of European powers continues to threaten traditional ways of life in indigenous communities in Mexico. The conflict against the corporate takeover of the ancestral lands of the Huave, or Ikoots people, in the Isthmus of Tehuantepec in Oaxaca is just one of the struggles continuously being played out in the face of trans-national development policies such as Plan Puebla Panama (now known as Proyecto Mesoamerica).
The Ikoots people of Oaxaca have inhabited the Isthmus of Tehuantepec for more than 3000 years, pre-dating the better-known Zapotec culture in Oaxaca. They are a fishing society that depends on the ocean for their livelihood; the Ikoots peoples’ history is so integrated with the sea that they are also known as Mareños (“Oceaners”). Now Ikoots communities are struggling to defend their ancestral lands from multinational corporations who want to build wind turbines in the water along the coast, in the very ocean that has supported their way of life for centuries.
In April of 2004, the United States Department of Energy (DOE) and the US Agency for International Development (USAID) sponsored a study to accelerate the development of wind projects in the state of Oaxaca, which found that the best area for wind project development was in the Isthmus of Tehuantepec, in the heart of the ancestral Ikoots territory. [1]
The proposed Parque Eolico San Dionisio (San Dionisio Wind Park), a wind farm to be constructed in the ocean along the coast, would consist of 102 wind turbines in the water outside the town of San Dionisio del Mar (and 30 more outside neighboring Santa Maria del Mar), two electric transformer substations, six access paths and additional support structures. [2] It would take up 27 kilometers of coastline. The multinationals implementing the project have also informed the Mexican government that they will need to install 5 mooring docks in the Laguna Superior, a coastal lagoon that local communities heavily depend on for fishing. [3]
The construction of wind turbines would have a devastating effect on both Ikoots society and the environment. The community fears that the vibration from the machines would destroy the aquatic life in the area, which is the economic basis of survival for Ikoots communities such as San Dionisio del Mar, San Mateo del Mar and San Francisco del Mar.
“This is the life of the poor: we fish so we can eat and have something to sell, to have a bit of money. They say that now that the wind project is here, they’ll give us money for our land and sea, but the money won’t last forever. We don’t agree with this. How are we going to live?” says Laura Celaya Altamirano, a resident of Isla Pueblo Viejo and the wife of a fisherman. [4] The wind turbines also present a threat to migratory birds and would damage the ecosystems of the local mangrove swamps. In addition, the proposed construction would desecrate Ikoots sacred territory, namely the Isla de San Dionisio and the Barra de Santa Teresa (known by the Ikoots communities as Tileme).
The proposed location for the aquatic wind farm is San Dionisio del Mar, a town of about 5000 residents. The project in San Dionisio is being implemented by a consortium called Mareña Renovable, which consists of the global investment bank Macquarie, based in Australia; the Dutch investment group PGGM; and the Mitsubishi Corporation of Japan. It includes turbines constructed by the Danish Company Vestas Wind Systems, and the involvement of two wind power companies: Grupo Preneal of Spain, and DEMEX of Mexico. The project also has funding from the Inter-American Development Bank. [5] The electricity from the farm would be used to power such corporate giants as FEMSA (based in Mexico, the largest beverage company in Latin America), Coca-Cola, Heineken, and other multinational corporations. [6]
A total disregard for the environment and the livelihoods of local people is par for the course when multinationals step in to take over communal lands for profit. In the Isthmus of Tehuantepec, wind power companies have been exploiting local communities for years, pressuring farmers (most with little formal education) to sign contracts they often don’t understand in order to give up their rights to land that has been held communally for generations. “Oaxaca is the center of communal landownership. There is probably no worse place to make a land deal in Mexico,” says Ben Cokelet, founder of the Project on Organizing, Development, Education, and Research.[7]
Developers held meetings with locals in which model windmills the size of dinner platters were shown; they were led to believe they could continue farming around them. Later they were shocked to see 15-to-20-story turbines constructed, taking up acres of their land. Developers pay the farmers a pittance in exchange for their land, often paying only 1/5th of what they would pay for similar land in the US, or 1/7thof what they would pay the Mexican government for the same land.
And, in a move that exacerbates tension in the community, local leaders are given better deals for their land in order to make the process more appealing to the rest of the population: “The first guy or two that bites gets [$8] per square meter. That’s a hundred times better contract than the other people,” says Cokelet. “But the 98 percent of farmers who sign afterwards sign on for rock-bottom prices. Those one or two people who bite – they don’t bite because they’re lucky. They bite because they know someone. And their job … is to sell it to all their neighbors.” [8]
There are currently 14 wind farms built on land in the Isthmus of Tehuantepec, with 4 under construction in 2012 and 3 more scheduled for 2013. [9] According to the Declaración de San Dionisio del Mar, released on September 17 by the indigenous rights organization UCIZONI (La Unión de Comunidades de la Zona Norte del Istmo – The Union of Communities in the North Zone of the Isthmus), the communities affected by the 14 existing wind farms have not benefited from lower electricity rates; rather, the intention of the farms is clearly to serve the interests of transnational corporations such as Coca-Cola, Walmart, Nestle, Bimbo and others. [10]
The wind turbines in San Dionisio are the first proposed turbines to be built in the sea. Ikoots communities would not even benefit from the jobs created by the wind turbines; the construction and maintenance of the wind turbines would most certainly be given to employees of the multinational corporations funding the project, not to local fishermen.
The Ikoots community of San Dionisio del Mar did not consent to this project, nor were they even informed that it was under consideration. The International Labour Organization, a United Nations agency dealing with labor rights, specifically states in its Convention 169 (Convention on Indigenous and Tribal Peoples) that “special measures… be adopted to safeguard the persons, institutions, property, labour, cultures and environment of these [indigenous] peoples. In addition, the Convention stipulates that these special measures should not go against the free wishes of indigenous peoples.” Mexico ratified this convention in 1990. [11] In this case, there was no public forum or announcement regarding the construction of the wind farms.
“A common practice of foreign businesses is to ‘buy’ [via bribes] the local PRIista authorities,” says Carlos Beas Torres, a leader and co-founder of UCIZONI and a well-known activist for indigenous rights. In 2004, Alvaro Sosa, the then-president of the “comisariado de bienes comunales” (essentially, the commissary for the territory held in common by the community), signed a preliminary contract renting a section of land to the Spanish corporation Preneal without the knowledge of the town’s residents. The 30-year contract that gave the multinationals access to 1643 hectares of land; Sosa did not inform the community of this action and accepted bribes in exchange for his consent.[12]
The people of San Dionisio del Mar did not find out about the existence of this contract until late in 2011, when the municipal president, Miguel López Castellanos (a member of the Partido Revolucionario Institucional, or PRI), again without consulting the community gave his permission for the consortium Mareña Renovables to begin construction of wind turbines in exchange for a payment of between 14-20 million pesos (between $1-1.5 million USD). The multinationals claim to have given him 20 million pesos, but Lopez Castellanos only admits to receiving 14 million pesos. [13]
Upon this discovery, the residents of San Dionisio held a public assembly where they demanded that the municipal president revoke his consent for the wind farm, which he refused to do. In February, representatives from the community met with DEMEX in Mexico City to request that the contract process start over, but were turned down. [14] Thus the struggle for control of the Ikoots’ ancestral land began.
Not surprisingly, an intense resistance movement against the wind farm has surged in San Dionisio del Mar. The townspeople have initiated a legal battle in the Tribunal Unitario Agrario (Agrarian Unitary Tribunal), the government agency in charge of settling agrarian disputes, in an attempt to nullify the contract. However they are also taking direct action in an attempt to defend their land.
In late January 2012, community members took possession of the municipal palace in San Dionisio in protest, ejecting municipal president Miguel López Castellanos, creating the Asamblea General del Pueblo de San Dionisio (General Assembly of the People of San Dionisio), and declaring themselves in resistance.[15] In April, the San Dionisio communal assembly prevented employees of the multinationals from laying out access roads in the Barra de Santa Teresa, and set up a permanent watch to make sure the contractors do not return. [16]
In September, community members organized a national encuentro (or gathering) in San Dionisio, with the participation of around 300 people from 25 different indigenous and activist organizations from 6 different states in Mexico.[17] The intent of the encuentro was not only to raise awareness on what was happening on Ikoots land, but also to create a large-scale national plan of action to resist megaprojects such as the wind farms. “It’s practically a second Spanish Conquest; they’re coming again to snatch our land with a contract that is completely advantageous, draconian and in violation of our rights as indigenous people,” says Jesús García Sosa, a representative of the Asamblea General. [18]
The resistance movement continues to grow despite threats and intimidation, as well as actual physical attacks on community members committed by opposing political factions. The general consensus is that these factions are being paid by the multinationals involved to hamper resistance to the development project. On August 25, a representative of the Asamblea General named Moisés Juárez Muriel was brutally attacked while walking home in the evening by two men who beat him with stones.
He was taken by two compañeros in resistance to the IMSS-Complamar clinic, where he was refused treatment because the clinic was under control of the municipal president. [19] In mid-September, immediately after the conclusion of the encuentro in support of the Ikoots community members in resistance, a group of heavily armed individuals surrounded the municipal palace that the community members were occupying, pointing guns at and intimidating the people who were guarding the building. [20]
Resistance movement leaders have also received public death threats from political parties and anonymous sources. On October 6, a group of PRI agitators marched through San Dionisio, making specific death threats against Bettina Cruz Velazquez, a well-known human rights activist and founder of the Asamblea de los Pueblos Indígenas del Istmo de Tehuantepec en Defensa de la Tierra y el Territorio (Assembly of Indigenous Peoples of the Isthmus of Tehuantepec in Defense of Land and Territory).
Cruz Velazquez is deeply involved in the resistance movement against the wind project. Human rights groups in Mexico have formally asked the governor of Oaxaca, Gabino Cué Monteagudo, to guarantee her safety. [21] Carlos Beas Torres of UCIZONI has received threatening phone calls for his public stance in opposition of the project. [22]
In some cases, attempts to stop resistance support have led to clashes. In mid-October, two organizations, El Frente por la Defensa de la Tierra (The Front for the Defense of the Earth) and UCIZONI sent a caravan of support attempting to bring food and supplies to the community in resistance in San Dionisio. A blockade was set up by armed PRIista sympathizers of the municipal president, Miguel López Castellanos, to keep the caravan from passing. [23] A violent confrontation ensued.
“The store owners in San Dionisio belong to the PRI and refuse to sell food to the people resisting the wind project,” says Carlos Alberto Ocaña, whose father (a native of San Dionisio) was the driver of the first truck in the supply caravan. “When the caravan approached the town, it was stopped by a blockade of about 70 people. They had guns, machetes, and gasoline for setting the cars on fire. My father was in the first truck with five other people. They PRIistas in the blockade pulled them out of the truck and started beating them.”
The police eventually arrived, but the caravan was unable to pass the barricade to reach San Dionisio and eventually it was forced to turn back without delivering the supplies.
On October 17 and 18, members of the Asamblea General of San Dionisio, UCIZONI, la Asamblea de Pueblos Indígenas del Istmo en Defensa de la Tierra y el Territorio, la Alianza Mexicana por la Autodeterminación de los Pueblos (Mexican Allaince for the Self-Determination of the People, AMAP), and a half dozen other groups held protests in Mexico City. They held rallies in front of the Interamerican Development Bank, Mitsubishi, Coca-Cola, Vestas, and the Danish embassy. Their goal was twofold: to impede the construction of the wind park in San Dionisio, but also to publicly denounce the environmental and cultural damage that threatens the Ikoots communities of the Isthmus.
They were received and allowed to present written complaints at the Interamerican Development Bank, Vestas, and the Danish embassy. oca-Cola-FEMSA refused to meet with them. [24] As of this writing, the Ikoots communities’ struggle against corporate takeover continues; in November representatives of the community will travel to the Netherlands, with the support of Dutch unions, to present a letter of protest in person to the Dutch investment company PGGM.
In the words of Asamblea General representative Jesús García Sosa, “We will not allow that business and government to yet again displace us from our territory, which symbolizes our very life, our mother, our father; we can’t sell it to them or put a price on it, much less in exchange for projects of death and plunder.” [25]
On October 30th, President Felipe Calderon Hinojosa, who was in Oaxaca to inaugurate a new highway, also travelled to inaugurate the Piedra Larga Wind Park. Calderon saluted the project, citing it as a solution to poverty and climate change, and mentioning the “additional income” the residents of the town Unión Hidalgo would receive for allowing the turbines to be installed on their communal land.
Meanwhile, 300 meters outside the park, theirn entrance blocked by national police, nearly 200 people from different communities in the region including San Mateo del Mar, San Dionisio del Mar, San Francisco del Mar, Unión Hidalgo, Juchitán, Santa María Xadani and the UCIZONI, protested the park’s opening. [26]
1. Noticias de Oaxaca, Oct. 14 2012.
2. Noticias de Oaxaca, Aug. 20 2012.
3. Noticias de Oaxaca, Apr. 21 2012.
4. Noticias de Oaxaca, Aug. 20 2012.
5. Recharge News, Mar. 12 2012.
6. Noticias de Oaxaca, Apr. 23 2012.
7. Christian Science Monitor, Jan. 26 2012.
8. Ibid
9. Noticias de Oaxaca, Oct. 11 2012.
10. UCIZONI statement, Sept. 17 2012.
11. International Labor Organization Convention 169.
12. La Jornada, Aug. 23 2012.
13. Noticias de Oaxaca, Aug. 20 2012.
14. Christian Science Monitor, Feb. 28 2012.
15. El Sol del Istmo, Jan. 30 2012.
16. Noticias de Oaxaca, Apr. 21 2012.
17. Despertar de Oaxaca, Sept. 28 2012.
18. Noticias de Oaxaca, Aug. 20 2012.
19. Quadratin Oaxaca, Oct. 9 2012.
20. Ibid.
21. E-Oaxaca, Oct. 15 2012.
22. Quadratin Oaxaca, Oct. 9 2012
23. E-Oaxaca, Oct. 11 2012. (Link at e-oaxaca.mx/noticias/nacional/13411-impide-edil-de-san-dionisio-del-mar-ingreso-de-caravana-contra-empresas-eolicas.html no longer works)
24. La Jornada, Oct. 17 2012:
25. Noticias de Oaxaca, Aug. 20 2012.
26. Eco Noticias Huatulco. Oct 30, 2012.
From Upside Down World: http://upsidedownworld.org/main/mexico-archives-79/3952-indigenous-communities-in-mexico-fight-corporate-wind-farms
by Deep Green Resistance News Service | Oct 23, 2012 | Lobbying, Mining & Drilling, Toxification
By Robin Oisín Llewellyn / Mongabay
On hot days the broken stone and dried up silt from the San Sebastian mine in Eastern El Salvador bake in the sun. The slew of refuse is freckled with rock stained bright blue with cyanide, open to the elements that on rainier days will wash it downhill into the Rio San Sebastian below.
The openings of passages into the mine dot the mountainside, and further downhill a bright orange stream with a chemical stench flows into another. The American Commerce Group ceased operating here in 1999 but sought to return when the price of gold began its current escalation. After a Centre for Investigation of Investment and Commerce study found the local river to be 100,000 times more acidic than the area’s uncontaminated water, and cyanide levels to be ten times above safe levels, Commerce Group’s environmental permit was revoked. The company is subsequently suing the Salvadoran government for $100 million through the Central American Free Trade Agreement.
Rising concern over the environmental impact of mining led both presidential candidates in the 2009 elections in El Salvador to pledge to suspend mining operations, a promise kept by current president Mauricio Funes. To prevent further legal cases, which are already draining millions from the country’s coffers, the Salvadoran legislature is considering a special law suspending administrative procedures related to the exploration and exploitation of metallic mining concessions.
Salvadoran environmentalists, in turn, are urging their government to go beyond the suspension of mining projects, and instead ban metallic mining altogether. Thousands of demonstrators marched through the capital this month to urge parliament to sign a law that would enshrine a “human right to water,” which they said would make it impossible to grant mining permits.
In a presentation outside the Salvadoran Legislative Assembly last week, El Salvador’s Human Rights Ombudsman Oscar Umberto Luna gave his support to a complete ban. Luna said that El Salvador’s environmental, climatic, institutional, social and economic conditions meant that it would not be viable for the “metallic mining industry to pursue its extractive activities without risk to the health and living conditions of the Salvadoran People and the resources on which they rely.”
The Ombudsman further urged that “the different state institutions must prioritize the human rights of the population, and keep in mind that true development pursues the improved overall quality of living of the population, not just economic profit.”
A law against mining would transform the country’s legislative framework towards foreign investment. Canadian group Pacific Rim is demanding $77 million to recoup its investments at its El Dorado concession in the northern province of Cabañas, claiming that the government violated the country’s 1999 investment law by denying it a license to extract gold and silver. The investment law allows disputes between foreign investors and the state to be taken outside of the country and decided by the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID).
“Cyanide is not a vitamin”
Gatherings are being held around the country by anti-mining campaigners, raising awareness of the intertwined history of mining and water sources in the Central American gold belt. One meeting in the northern Salvadoran town of Ilobasco drew figures from a range of organizations united together in the National Roundtable against Mining.Ilobasco is in the agricultural countryside of Cabañas province, and the number of straw Stetsons dotting the sea of heads made the question asked from the podium almost rhetorical: “What do most of you do for a living?”
The audience responded en masse: “Farming!”
The speaker—Karen Vasquez of El Salvador’s Water Forum—echoed them before arguing that the access to land and water for tenant farmers would be made more difficult if the country failed to pass the proposed General Law on Water.The bill asserts that water is a “common good, finite, vulnerable, and essential for human life and ecosystems,” and prioritizes the human consumption of water over industrial uses. It has been sent by President Mauricio Funes to the Legislative Assembly for their approval, where it will be debated this month. The assembly is controlled by the President’s opponents, the right-wing ARENA party.
When Pacific Rim drilled to find gold beneath Cabañas, water sources used by local farmers dried up as subterranean water courses were diverted. Angel Ibarra of the Salvadoran Ecological Union sees such dangers reoccurring.
“Pacific Rim are talking about pursuing subterranean mining, so they’ll have to pump out the subterranean water and dehydrate the area, which would dry up the surface water and the wells,” he told the meeting in Ilobasco.
The proposed mine would, by its own projections, consume 3.2 million liters of water a year, and utilize cyanide to leach the gold from the rock.
“Cyanide is not a vitamin,” Ibarra says, responding to a member of the audience who told the podium that a chemist from the El Dorado mine visited their community to allay concerns over the compound. “Metallic mining causes cyanide and arsenic to be released into the area’s water, and causes acid mine drainage. There’s no such thing as green mining from a scientific or ecological perspective. It’s just propaganda.”
Acid mine drainage is caused by water generating acidity from the metal sulfides in disturbed rock formations. The sulphuric acid in turn releases toxic compounds and heavy metals, which are then washed into surface water.Ibarra points to the long term health damage that these elements can cause when released into the area’s water sources.
“The most serious problems begin when the mining stops, after the 6-10 years that the mine would function for,” he explains. “It’s afterwards that the kidney failures and the chronic illnesses begin. There are examples from other countries where this pollution has gone on for hundreds of years; we need a definitive ban on mining.”
by Deep Green Resistance News Service | Oct 15, 2012 | Biodiversity & Habitat Destruction, Indigenous Autonomy, Protests & Symbolic Acts
By Terri Hansen / Intercontinental Cry
A fleet of boats piloted by Native and non-Native fishers gathered today in the waters off Xwe’chi’eXen (Cherry Point, Wash.) to stand with the Lummi Nation in opposition to the proposed Gateway Pacific coal terminal at Xwe’chi’eXen.
“We have to say ‘no’ to the coal terminal project,” said Cliff Cultee, Chairman of the Lummi Nation. “It is our Xw’ xalh Xechnging (sacred duty) to preserve and protect all of Xwe’chi’eXen.”
A ceremony of thankfulness, remembrance and unity was held on the beach during the event. Lummi Indians maintain the largest Native fishing fleet in the United States, and Lummi fishers have worked in the Cherry Point fishery for thousands of years.
If constructed, the terminal would be the largest coal terminal on the West Coast of North America. It would significantly degrade an already fragile and vulnerable crab, herring and salmon fishery, dealing a devastating blow to the economy of the fisher community.
“This is not about jobs versus the environment,” said Jewell James of the Lummi Nation’s Sovereignty and Treaty Protection Office. “It is about what type of jobs are best for the people and the environment.”
Another gathering of Lummi Indians and non-Indian residents from the local and regional community was held at Xwe’chi’eXen on Sept. 21 to call for the protection and preservation of Xwe’chi’eXen, which is the location of a 3,500 year old village site, and a landscape that is eligible for registry on the National Register of Historic Places.
A Lummi Nation Business Council Resolution declared Lummi “will continue to safeguard our ancestral and historical areas” and the ability of its members to “exercise treaty, inherent and inherited rights.”
The Lummi Nation is participating in a broad intertribal coalition to defeat the project and to ensure that the natural and cultural legacy of Xwe’chi’eXen is protected in perpetuity.
From Intercontinental Cry: http://intercontinentalcry.org/native-and-non-native-fishers-join-lummi-nation-in-opposing-proposed-coal-terminal-at-cherry-point/
by Deep Green Resistance News Service | Oct 10, 2012 | Lobbying, Toxification
By Jeff Gray / The Globe and Mail
Chevron Corp. has lost a bid to have the U.S. Supreme Court consider its call for a worldwide ban on attempts to collect on a controversial $19-billion (U.S.) environmental judgment levelled against the company in Ecuador.
The decision comes with lawyers in Canada poised to battle in a Toronto courtroom next month over an attempt by the Ecuadorean plaintiffs to seize Chevron’s considerable Canadian assets to cover at least part of the massive judgment – a judgment the oil giant dismisses as fraudulent.
In the latest twist in a tangled legal saga, Chevron was trying to revive a preliminary injunction issued last year by a federal judge in New York. That injunction was later overturned on appeal. It purported to block the plaintiffs and their lawyers from trying to enforce the 2011 Ecuadorean court ruling not just in the U.S., but anywhere outside of Ecuador.
The U.S. Supreme Court refused on Tuesday to hear the case. It issued no reasons, as is customary, leaving the appeal court decision that quashed the injunction in place.
The news comes as lawyers for the plaintiffs – a group of villagers in the Amazon rainforest – have stepped up their campaign to force the oil company to pay for environmental damage from oil pollution in the Lago Agrio area of Ecudaor.
Chevron, based in San Ramon, Calif., has said it has virtually no assets remaining in Ecuador, and the plaintiffs have vowed to chase the company’s assets elsewhere. Their first stop, earlier this year, was Canada.
In May, they announced they had retained prominent Toronto lawyer Alan Lenczner, of Lenczner Slaght Royce Smith Griffin LLP, to try to have the judgment recognized by the Ontario Superior Court and force Chevron to fork over its Canadian assets, which include oil sands holdings. The plaintiffs have also filed a similar collection effort in Brazil.
In sprawling litigation in the United States, both sides have accused each of fraud and bribery in connection with the Ecuadorean ruling, allegations they both deny.
Chevron said Tuesday in an e-mailed statement that the company was disappointed with the decision but “will continue to defend against the plaintiffs’ lawyers’ attempts to enforce the fraudulent Ecuadorean judgment, and to further expose their misconduct in our pending [litigation] in New York and other proceedings.”
The plaintiffs’ say the ruling is the latest in a series of defeats for Chevron in U.S. courts.
“Chevron’s latest loss before the Supreme Court is an example of the company’s increasingly futile battle to avoid paying its legal obligations in Ecuador,” Aaron Marr Page, a lawyer for the Ecuadoreans, was quoted as saying in an e-mailed statement.
Read more from The Globe and Mail: http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/chevron-loses-bid-to-have-ecuador-case-heard-by-us-supreme-court/article4599707/
by Deep Green Resistance News Service | Sep 20, 2012 | Lobbying, Mining & Drilling, Repression at Home
By the Committee in Defence of Life and Against Mining in San Rafael Las Flores, CODIDENA, the Parlamento Xinca, CALAS, and the MadreSelva Environmental Collective
Following the events of September 17 and 18, 2012 in Mataquescuintla, Jalapa and San Rafael Las Flores, Santa Rosa, we wish to make the following statement:
TIMELINE OF EVENTS:
1. On the morning of Monday, September 17, employees of the San Rafael Mining Company, accompanied by private security agents with anti-riot equipment, attack dogs, tear-gas cannons and rubber bullet guns, and escorted by the National Civil Police, turned up in Morales, Mataquescuintla, to connect high voltage electrical wires to the San Rafael mining site.
2. Over 500 local community members, men, women and children, came out to demand that the company employees remove their equipment and leave, along with the security guards that were accompanying them. The community had already contested the installation of these electrical wires. They demand a free, prior and informed public consultation on the mining project.
3. The community protest stopped the installation of electrical wires. With the support of the PDH, COPREDEH, the Justice of the Peace and the Municipal Mayors of Nueva Santa Rosa and Casillas, the parish of Mataquescuintla, CALAS and CODIDENA drew up a document stating their desire for a peaceful solution to the dispute. However, just as the document was being signed, provocateurs hired by the mine began throwing rocks at community members and authorities, causing some damage to mining company vehicles and dispersing the group of local residents that had gathered.
4. Angered by this new affront from the San Rafael Mine, residents decided to march from Morales de Mataquescuintla to the main entrance to the mine, which is located in San Rafael. When they got there, in an act of peaceful resistance, the group set up a protest at the entrance to the mine, at the junction of the road from San Rafael Las Flores to El Fusío. At no time did the protesters infringe on the property of the San Rafael mine. They stayed on the public road and on an area of private property, with the owner’s permission. Nonetheless, the national media falsely reported that the protest had invaded the property of the mine.
5. According to eye witnesses, no protesters stepped onto the property of the mine. Given that the mine is heavily guarded, it is therefore impossible that the fire that was started inside the mine was lit without the tolerance and help of the private security guards.
6. At 3 pm, the peaceful protest was attacked without warning by members of the mine’s private security agency, the National Civil Police and the army, using tear gas cannons, firearms and rubber bullet guns. Security agents attacked from inside the mine, with trained attack dogs. The Police cornered the unarmed protestors, and the army surrounded them, crouched and at the ready. The display of repressive force had all the characteristics of military counter-insurgency tactics that we had thought belonged to the past, including the bad intentions, brutality and cowardice that so characterize the tactics of the National Army.
7. This was a cowardly attack by public and private repressive forces against a peaceful civilian group exercising their constitutional right to protest, amongst whom were women with infants, elderly people and small children. Protesters were busy preparing food for all those present, which shows their intention to hold a peaceful protest.
8. From the outset, residents of Santa Rosa have opposed the San Rafael mining operation. The mine was created without prior information or due consultation on the social and environmental impacts that would affect the water supply and the life of the inhabitants of the Santa Rosa valley. This peaceful, legal resistance has included legal documents presented to the Minister of Energy and Mines; peaceful marches from the village to the mine site; protests in front of the Canadian Embassy; visits to the Ministry of Energy and Mines and the Ministry of the Environment; debates with mayoral candidates and meetings with elected mayors; all of which form part of the “Revolución de las Flores” (Revolution of the Flowers) – a peaceful movement. Three public consultations have been carried out in Nueva Santa Rosa, Santa Rosa de Lima and Casillas, and the majority of the people have expressed their opposition to mining.
9. In the meantime, residents of San Rafael have requested that their consultation be recognized as legally binding as per the Municipal Code by mining company lawyers who have boycotted it thus far. Residents also ask for recognition of the consultation by Mayor Leonel Morales Pozuelos and his Municipal Council, whom they hold directly responsible for this conflict and its consequences because of their attitude of servility to the mine and their refusal to respect the demands of the people of San Rafael.
10. As we write this press release, we have just learned that army helicopters are flying over San Rafael and Mataquescuintla, threatening residents, like in the old days of the armed conflict. Once again, the army is carrying out a psychological and military attack on the civilian population to defend the interests of foreign companies.
WE DENOUNCE:
• The criminalization of community leaders who are legitimately defending their lands and their rights against the spurious interests of national and foreign extractive companies that take advantage of the weakness of national laws and corrupt civil servants who have sold out, allowing the destruction of natural resources of our country.
• This kind of provocation is being systematically used by national and foreign companies to further the growth of extractive projects that threaten our natural resources and our lands and are in flagrant violation of the rights of the people, as was demonstrated by what happened in Santa Cruz Barillas and San José del Golfo and San Pedro Ayampuc.
• We warn the government of the country that it should not once again attempt to suspend the constitutional rights of the residents of Santa Rosa, as they tried but failed to do in Santa Cruz Barillas.
We demand that the President of the Republic, the Congress, the Supreme Court, the Public Prosecutor of the Public Ministry, the Army and the National Civil Police:
1. carry out a thorough investigation of the events we denounce here.
2. stop criminalizing the just struggle of the residents of Santa Rosa and Jalapa.
3. punish those responsible for the provocation staged by the mining company and its private security agents.
4. ensure that the Ministry of Energy and Mines deal with the many opposition documents presented by the residents of San Rafael Las Flores regarding the request for an exploitation licence by the San Rafael Mine.
5. cancel the mining exploration licence permanently and refuse to grant under any circumstances an exploitation licence to San Rafael Mining Company.
6. respect the wishes of residents of the municipalities of the Santa Rosa Valley – they have shown their clear opposition to mining activity in the area in a public consultation.
7. refrain from using the state of siege to criminalize and try to prosecute Santa Rosa community leaders who continue the struggle for life, natural resources and land for the benefit of future generations.
8. free the more than thirty community members that have been detained.
WE APPEAL TO:
1. the International community – to pay attention to these violations of human rights in San Rafael Las Flores and Jalapa.
2. the Human Rights Prosecutor – to strictly survey and protect the human rights of our communities, peoples, leaders and social organizations.
3. indigenous, campesino, union, women’s, environmental, youth, etc., social movements – to keep watch on how the situation in Santa Rosa develops and to give their solidarity and support to this just and exemplary struggle.
From Upside Down World: http://upsidedownworld.org/main/guatemala-archives-33/3876-guatemalan-government-and-mining-company-attack-community-members-in-san-rafael-las-flores
