Protest Against Glamis Gold's Guatemalan Mine end in Bloodshed
Published by MAC on 2005-01-27
Commentary on the Serious Problems Being Caused by Glamis Gold's Mining Operations in Guatemala
by Aaron Pollack & John Tyynela
January 27, 2005
On Tuesday January 11th, Raul Castro Bocel, a Maya-Kakchiquel man, was killed in clashes between Guatemalan security forces and local residents as he participated in efforts to block the passage of heavy mining equipment headed toward the Marlin Project, a gold and silver mine in Guatemala's Western Highlands. The mine owner, Canada's Glamis Gold, acting through its subsidiary, Montana Exploradora, plans to open the mine later this year and expects to extract, over a ten year period, about 2 million ounces of gold from what may become the largest mine in Central America.
Guatemala´s President Berger justified the mobilization of security forces as necessary protection for investors, and Glamis Gold assured shareholders that the Guatemalan authorities had decided that "the flow of commerce must continue" in spite of the efforts of "anti-development activists". The Canadian Ambassador to Guatemala clarified that "permits have been granted according to national and international regulations".
None of these actors has publicly acknowledged, however, the deeper roots of the conflict and protest over this Canadian operation: the failure of the Government to undertake an adequate process of consultation with the indigenous Maya People affected by the mine and to address the environmental concerns that the mine has generated in national public opinion. In its failure to organize a consultation process, the Guatemalan government has violated the International Labor Organization's Convention 169 on Indigenous and Tribal Peoples (ILO 169), to which Guatemala is a signatory, and has created conditions which promote confusion, uncertainty, and anger among the affected townspeople regarding the risks and benefits of the mine. Equally troubling is the fact that the World Bank, through its private investment branch (the International Finance Corporation), agreed in late 2004 to provide Glamis with 45 million dollars in equity investments and loans, in spite of the brewing protest and the fact that the so-called consultation process had been undertaken not by the government, as ILO 169 stipulates, but by the mining company.
Guatemalan law (particularly ILO 169) requires consultation before initiating activities that could have significant impact on indigenous Peoples, an extremely significant legal fact, in light of the fact that over half of the Guatemalan population is indigenous. While there is much debate as to what "consultation" means in practice, the World Bank´s own policy should have raised red flags regarding at least two failures of compliance in this case: first, the consultation is an obligation of the Government, not the company; second, the Government must seek "consensus" with the affected population in a process that takes into account local conditions.
In the region in which this Canadian mine will operate, those conditions include the fact that most of the population does not speak Spanish as a first language, that illiteracy rates are high, that poverty rates are still higher, and that citizen participation continues to be highly restricted by the same fear and terror that characterized the 36 years of internal armed conflict under a military dictatorship that only ended with the 1996 Peace Accords. Furthermore, local municipal politics in the most affected municipality are currently dividing the population and inhibiting active involvement by local residents, reflective of a still fragile, and mostly predatory rather than participatory, democratic transition. Some Mayan leaders complain that a real consultation process would have brought together all members of affected communities in open public fora, applying Mayan principles of decision-making and consensus.
These conditions only highlight further the importance of an appropriately sensitive consultation process guaranteed by the Government. Instead, local residents were treated to a public relations campaign paid for by Glamis - a campaign that has been directly contradicted by information communicated to the affected communities by environmental organizations that have sought to raise awareness about the risks associated with the open pit cyanide leaching process, a process that has been prohibited in both the European Union and the U.S. state of Montana. The contradictory information has generated a fearful uncertainty among many people in the affected towns who, in the absence of both a neutral regulatory agency acting in the public interest and any clear benefit that the mine will provide them, tend to oppose the mine, preferring to err on the side of safeguarding their livelihoods. Glamis and the World Bank consistently respond to local protest with the accusation that it is fomented by "outsiders" who (by telling people about the risks that the such a mining project necessarily entails) are said to be deliberately misinforming them.
This is the context in which Raul Castro Bocel died two weeks ago. His death was preceded by a late attempt by the Guatemalan Government, with support from the Canadian Embassy, to generate public support for mining through a National Mining Forum, held in early December. Many of those who oppose the mine, or who question the way in which it has been implemented, did not find this forum to be sufficiently open and neutral, however, and held a parallel one-day meeting. Through this alternative forum and other efforts at public education about this type of mining, many Mayan communities became aware of, and concerned about, ongoing exploration in their own towns and the potential implications that an expansion of mining in Guatemala could have on their lands and their health.
A few days after the Forum, in early December, a truck carrying a giant cylinder to the Marlin project on the main road leading to the Western Highlands stopped because a pedestrian overpass blocked its passage. Those accompanying the equipment began to physically remove the overpass without previously contacting local officials, angering Maya Kaqchiquel residents who responded by detaining the vehicles and, in the confusion that followed, setting fire to one of them. Only on January 11 would the trucks again begin to move, this time accompanied by Guatemalan police and soldiers who managed to force the trucks through only after Raul Castro Bocel was killed, and others, including policemen, were injured.
Hopefully, this tragic and unnecessary death will draw attention to the glaring failures on the part of the key actors who have pushed forward the mine and force those actors to address the concerns of those who have questioned the mine and the procedure used to implement it: environmental and social concerns; the failure of the government to consult with the affected communities; the limited benefits that the mine offers to the communities; and the present technical incapacity of the Guatemalan government to undertake a consultation process and to regulate the actions and impacts of the mine. Until now, the mine supporters have minimized these concerns and never engaged in serious discussions about them, suggesting an approach that is still geared to public relations campaigns rather than seeking a process that addresses the legitimate concerns of people whose lives may be gravely affected by the mine. Until these various issues are addressed, the potential for more violence will grow, and though conditions on the ground may not permit that an unbiased consultation process be undertaken in this case, some sort of structured and popularly legitimate interchange among the various actors must be undertaken in order to prevent more bloodshed.
The concerns that we express in this letter echo those voiced by some of the most influential public leaders in Guatemala, including the Ombudsman and the Archbishop, in addition to non-governmental organizations representing Mayan Peoples, farmers, environmentalists, and human rights activists.
If those who support the mine do not recognize the legality and the legitimacy of the concerns that are being voiced, it becomes difficult not to assume that for all of these different actors, international agreements such as ILO Convention 169 are mere words on paper, only applicable when convenient.
Oscar Berger commits himself to revise concessions - Yesterday marked the first approach between the Church and the Government
By Luisa Rodríguez, translation by Shauna McNally and Gloria Pereira-Papenburg
PrensaLibre.com
25th January 2005
Evaluating mining contracts, reactivating the supervisory commission and having more communication were the commitments acquired by President Óscar Berger with Monsignor Álvaro Ramazzini, bishop of San Marcos. After many days of verbal confrontations between the Church and the Government, yesterday brought the first approach.
Monsignor Ramazzini was invited by the President to the presidential house, where, accompanied by Frank La Rue, director of the Presidential Commission of Human Rights, and Monsignor Víctor Hugo Martínez, archbishop of Los Altos, they met with Berger for an hour.
At the conclusion of the meeting, the religious officials announced that the government will revise the concessions that had not been granted, will start a joint task force, and improve communication between the state and church. "We both said that we shouldn't talk about the past anymore, but rather look toward the future," explained Ramazzini.
He added that during the conversation, he insisted to Berger that he had to ask the mining company for at least 50 per cent of its profits. He commented that he is considering the offer of personal security that the authorities of the Ministry of Governance had made in view of the threats he had received.
The religious leader added that the protests scheduled for next Thursday would proceed, because it is not against the government, but rather to let people know their stance. La Rue said that they were satisfied with the meeting and that they would make their best effort to comply with the commitments made.
They will continue dialogue
Monsignor Martínez said that the bishops were not interested in "the government obeying orders from the church," but rather that the common good should prevail in all of the issues. Martínez asserted that the dialogue with the authorities will continue today, and that Vice President Eduardo Stein will be the interlocutor in the conversations between the church and the government.
Communiqué from Ajchmol Maya Comprehensive Development Association (ADIMA) in view of the violent incidents that occurred on January 11, 2005
Unofficial english translation by Gloria Pereira-Papenburg and Lisa Roberts
San Marcos, 13 January 2005
To the President of the Republic, the Minister of the Interior, the Minister of Energy and Mines, Members of National Congress, Municipal Mayors, people of Guatemala and International Community.
We, the Ajchmol Maya Comprehensive Development Association, located in the Department of San Marcos, are defending our collective rights.
The present government violated our rights when it granted mining concessions, without previous consultation with the Maya Mam and Sipacapense people of this department. We base this accusation on the following facts:
* The population of the Western Highlands of Guatemala, mainly Maya communities, know that the Guatemalan government has granted mining licenses and concessions to trans-national enterprises, in indigenous territory, without taking into consideration our social, political, economic and cultural rights.
* The mining activity promoted by the Guatemalan state as an alleged alternative for development, thus justifying investment from trans-national enterprises, is nothing more than a threat and an extermination of Mayan cultural values; specifically, this activity goes against our cosmo-vision and spirituality that have developed over thousands of years.
* The indigenous communities know that no economic benefit (royalties: 0.5%) will be generated from this activity, and that it does not support community development as the authorities and representatives of mining enterprises are telling the communities in order to fool them.
* Indigenous Communities in Latin America and throughout the world have suffered the negative effects of open pit mining, which destroys land and leaves it infertile, causes water shortages, diseases and general contamination of the environment
* The violent, bloody acts that occurred in los Encuentros, Sololá were carried out against Mayan communities peacefully protesting and exercising their constitutional rights in opposition to the dismantling of a pedestrian bridge that blocked the passage of a mill cylinder destined for Glamis Gold's Marlin project in the municipalities of San Miguel Ixtahucán and Sipacapa, San Marcos.
* This repression by the State is an indication of this government's lack of negotiating capacity. It is another example of the exclusion, discrimination and racism against indigenous peoples and communities in Guatemala which have persisted throughout this country's history.
* Choosing to escort the mill cylinder with the National Police and the Army, the Defense Ministry and the Interior Ministry chose once against to use repression, recrimination and violence against the Mayan people, ignoring that the Guatemalan state is intended to protect the lives of its people and not a cylinder belonging to a private company.
* This government act incited violence in the communities' peaceful demonstration against open pit mining, resulting in four wounded people and one Mayan brother killed. This shows the lack of political will on the part of the Berger government to protect the rights of the indigenous peoples, clearly displaying this government's lack of capacity to negotiate and dialogue.
* Indigenous peoples are aware of our rights as enshrined in national legislation and in international treaties ratified by the Guatemalan State, particularly Convention 169 of the International Labour Organization (ILO). Articles 6.1 a), 7.1, y 7.3 of this Convention establish with legal certainty the indigenous peoples' right to information, consultation and participation in all plans, projects and actions promoted by the State and affecting our rights and interests as indigenous peoples in this country.
Therefore we demand:
* That the President of Guatemala obey the Rule of Law and current national and international law, specifically ILO's Convention 169.
* That the Congress of the Republic declare that the mining exploration and exploitation contracts and licenses granted by the Executive [Branch of the Government] to trans-national enterprises are detrimental.
* That all the other State organizations promote, respect and apply current laws and implement a re-launch of the Peace Accords.
* That the Office of the Human Rights Ombudsman and all other human rights institutions denounce the violent acts perpetrated by the national police and the army, which caused the death of our Mayan brother Raul Castro Bocel and injuries to several people on January 11, 2005.
* To the International Community: we ask you for your support and solidarity with the peaceful resistance and the exercise of indigenous communities' rights, the respect for our territory, our cosmo-vision, our own way of life and development.
Legal basis:
The Guatemalan Political Constitution recognizes the right to peaceful meetings and public demonstrations.
Resistence by the people, in defense of our rights and guarantees enshrined in the Constitution, is legitimate.
Social wellbeing prevails over above individual wellbeing.
Every person has the right to do whatever is not prohibited by law.
International treaties ratified by Guatemala have primacy over national law on matters of human rights; in this case Convention 169 of the ILO is applicable to Guatemala.
Cited laws:
Political Constitution: articles 1, 2, 3, 4, 5, 28, 33, 44, 45, 46, 66 to 69.
Convention 169 0f the International Labour Organization: article 6.1 a).
Development Councils Law (Decree 11-2002): article 26.
Municipal Code: article 65.
Des-centralization General Law: articles 17 and 18.
Sincerely, Ajchmol Maya Comprehensive Development Association, ADIMA
Rights Action and MiningWatch Canada are calling for an immediate suspension of construction at the Marlin project
FOR IMMEDIATE RELEASE -
JANUARY 12, 2004
(Toronto/Ottawa) Canadian non-governmental organisations are denouncing actions by the Guatemalan military and police that yesterday left two people dead in an effort to allow construction to proceed at Canadian mining company Glamis Gold's Marlin mine in western Guatemala.
Rights Action and MiningWatch Canada are calling for an immediate suspension of construction at the Marlin project so that the concerns of the local people can be addressed. They are also calling for a full investigation into the use of force to end a road blockade that had been preventing the transport of equipment to the mine.
Information has been difficult to get since the Guatemalan government has sealed off the area, but according to the Coordinadora Nacional de Organizaciones Campesinas (Guatemalan National Council of Farmers Organizations - CNOC), Raul Castro Bocel and Miguel Tzorín Tuy were killed yesterday - and many more injured - when the Guatemalan police and military took action to end the blockade, which had been in place since December 3, 2004.
"In the face of this tragedy, it is clear that Glamis must suspend operations at the Marlin site until a proper consultation process can be put in place to address the communities' concerns," said Jamie Kneen, Latin America Program Coordinator of Ottawa-based MiningWatch Canada. "The mining concessions were improperly granted and this project was started, without adequate consultation with the affected communities, and the result has been widespread and growing opposition."
According to Grahame Russell, Coordinator of Rights Action (a Canadian organisation with offices in Toronto and Guatemala City), "This repression was waiting to happen. The red flags were there since the beginning, but the company, the Canadian government, and the World Bank have been content to let it happen. The communities and the Guatemalan organisations have always said they needed to be consulted." Russell adds that the deaths must be investigated if there is to be any sense of justice. "There needs to be a full investigation into how this happened, who gave the orders, and who knew what was going on."
Daniel Vogt, President of the Asociación Estoreña Para el Desarrollo Integral (AEPDI) in El Estor, Guatemala, is concerned the violence will continue. "As long as the rights of the communities are not respected and they do not feel they have been properly consulted, the protests will continue, and if the government continues its hard line then these tragic deaths may not be the last.
The Marlin mine project has a history of conflict with the local population, mostly Indigenous Maya (Mam and Sipacapense). It has been supported by the Canadian ambassador to Guatemala, James Lambert, notably in a November 4, 2004 op-ed in the Guatemalan Prensa Libre. It also has the backing of the World Bank. The private sector lending arm of the World Bank Group, the International Finance Corporation, has provided a $45 million loan to Glamis Gold for the Marlin project. In May 2004, Guatemalan organisations, supported by international organisations, called on the World Bank Group to delay a decision on its support of the Marlin mine in order to allow time for a number of outstanding issues to be resolved. The Guatemalan groups argued that more consultation was necessary and that large segments of the local population did not support the project. Instead, the World Bank Group approved the project on schedule in June 2004. The Bank argued that "the project enjoys the significant support of the local indigenous communities," and that consultations with the local population had been adequate.
Glamis Gold (www.glamis.com) is registered as a Canadian company, though it is headquartered in Reno, Nevada. It trades on both the Toronto (GLG:TO) and New York (NYSE:GLG) stock exchanges. It has had environmental and community relations problems at its mines in Honduras, where its San Martin mine has caused problems with relocation of local farmers and water contamination, and the USA, where its Marigold mine in Nevada has created substantial contaminant plumes under tailings impoundments and waste rock dumps that are not being remediated and are moving toward the Humboldt River and drinking water supplies.
In addition to the tax advantages that come with registering in Canada, Glamis has also taken advantage of its Canadianness to file a claim against the United States under the North American Free Trade Agreement (NAFTA). In July 2003 Glamis filed a Notice of Intent under Chapter 11 of NAFTA of a US$50 million claim against the United States for actions taken by the state of California intended to protect the environment and indigenous communities from the impacts of open-pit mining. The claim was submitted to arbitration in December, 2003. The company argues that it deserves compensation for the laws' impacts on its mining project in California's Imperial Valley.
Contacts:
Jamie Kneen, MiningWatch Canada (613)
569-3439 or (613) 761-2273 (cell); e-mail jamie@miningwatch.ca
Grahame Russell, Rights Action (416)
654-2074; e-mail info@rightsaction.org
PRESS RELEASE - NATIONAL COORDINATOR OF FARMERS ORGANIZATIONS (CNOC)
email: cnocdis@intelnet.net.gt
Guatemala, 11 January 2005
To national and international attention
We protest the death of two farmers in Los Encuentros, Solalá, and we support the Indigenous peoples' rejection of mining operations in the west of the country The CNOC as an organisation representing the interests of the Indigenous peoples and farmers of Guatemala, laments the death of Raul Castro Bocel and Miguel Tzorín Tuy, farmers who were killed today by the Guatemalan authorities while protesting the transportation of a piece of machinery that the company Cropa Panalpina will use in the operation of mines in the West of the country
The trickery of the transnational companies who, using stunning pretexts, want to destroy a community footbridge to transport their equipment provoked the rejection and wrath of the communities, which was countered by agents of the National Civil Police and elements of the Army at Los Encuentros, Sololá, resulting in the death of two people.
The organization of the population in Los Encountros to reject the exploitation of their natural resources operation has as its foundations:
1. The mining concession in Sololá or other departments of the West will not benefit the Indigenous peoples in any respect.
2. That community works, like the footbridge of Los Encountros, Sololá, should not be destroyed for the benefit of economic interests.
3. The central government never consulted with the rural communities regarding mining operations in Guatemala.
In view of this, the transport of this machinery to the Department of San Marcos will serve to pillage natural wealth without the consent of the inhabitants, and for this reason, the National Coordinator of Farmers Organizations (CNOC), joins the rejection of the mining operation that the government of Oscar Berger has promoted during the 12 months of his mandate, considering that this political decision will not benefit the rural communities in any respect, but will only further enrich national and transnational companies to the detriment of the communities.
The destruction of the natural wealth of Guatemala has not been respected by the governmental authorities, as demonstrated by the breach of national laws and international treaties like ILO Convention 169 that protects Indigenous and Tribal Peoples world-wide. At the same time, the authorities of Energy and Mines have not achieved consensus on the viability or otherwise of mining, making it clear that certain economic interests favour interested sectors in the country.
Press Release - Centre for Legal-Environmental and Social Action of Guatemala (CALAS)
Concerning the acts of violence that occurred today in the city of Los Encuentros, Sololá
Guatemala,
11 January 2005
The Centre for Legal-Environmental and Social Action of Guatemala (CALAS) regrets and condemns the acts of violence carried out against the population of the hamlet of Los Encuentros, Sololá province, Guatemala. The citizens were exercising their legitimate constitutional right to public protest and resistance in order to oppose the destruction of the pedestrian bridge situated here, which would be necessary for a mining company [unnamed in the press release] to move machinery destined for the mining exploitation in San Marcos.
It is lamentable that the Guatemalans are to suffer anew violence on the part of security forces, who were intended to safeguard the interest of the civil population, defending a private industry that counts on sufficient resources to invite tenders for its own security.
HENCE
CALAS disapproves of the Interior Secretary [the individual named in a CNN.com article] having deployed a police and military contingent against the civilian population without having exhausted the channels of dialogue, the principal instrument in the search for development and democracy
It demands of the Public Ministry an immediate and exhaustive investigation to name and punish those responsible for this violent act.
It asks that the Congress of the Republic investigate these deeds, and inform the ministers of the Interior and of National Defence about the actions of the public security forces and the Guatemalan army against the civilian population.
"Justice for Nature" - Guatemala, 11 January 2005.
Clashes reported in Guatemala over Glamis mining project
The Globe and Mail - By Wendy Stueck
January 13, 2005
Villagers in Guatemala this week blocked a road leading to a gold mine being built by Glamis Gold Corp., resulting in conflicting reports about the event.
Ottawa-based Mining Watch Canada yesterday said a clash between villagers and police called in to end the blockade resulted in two fatalities and called for Glamis's Marlin project to be halted due to widespread community opposition.
"In the face of this tragedy, it is clear that Glamis must suspend operations at the Marlin site until a proper consultation process can be put in place to address communities' concerns," said Jamie Kneen, a spokesman for Mining Watch.
The Associated Press reported on Tuesday that at least one person was killed and 12 other peasants and police officers were injured in a clash that involved protesters firing handguns and erecting barriers of burning tires to block a truck carrying mining equipment.
Glamis senior vice-president Charles Jeannes yesterday said the company had received unconfirmed reports of one fatality, but that it was unclear from those reports exactly how or where the person was killed.
The standoff, which began in early December, took place when villagers blocked a bridge to stop a piece of mine equipment from being moved across a river. The transport company moving the equipment said they needed to partly dismantle the bridge to get the equipment across. Villagers objected and blocked the road.
Police were called in to get the equipment across the bridge. The equipment was being moved from a seaport to Glamis's Marlin project in western Guatemala. The bridge is about 150 kilometres from the mine, which is under construction and expected to go into production this year.
Mr. Jeannes said Glamis had done extensive community consultation and that the project had the support of federal and local governments.
Opposition from community and non-governmental organizations has stalled several mining projects in Latin America.
One dead in Guatemala clash
Tuesday, January 11, 2005
LOS ENCUENTROS, Guatemala (AP) -- At least one person was killed and 12 other peasants and police officers were injured Tuesday when protesters fired handguns, threw stones and erected barriers of burning tires to block a truck carrying equipment headed to a gold mine in northern Guatemala.
More than 750 police officers and soldiers, many wearing riot gear and flanked by an armored vehicle fitted with a massive metal scoop to clear the highway, were escorting the truck after residents of the provincial capital of Solola vowed to refuse to let it pass through their city.
Local officials initially granted permission for the mining equipment to move through the community, but changed their minds when they learned a Solola pedestrian bridge that leads over the highway would have to be taken apart, then later reassembled in order to allow the truck and its cargo of a towering metal cylinder, to pass.
The pedestrian bridge, built by residents who donated their time, has become a source of civic pride for many in Solola city, as well as the surrounding province of the same name. Locals have also objected to a gold mine located 60 miles (100 kilometers) to the north where the equipment is headed, saying activities there may be damaging the environment.
The truck originally began its journey from Guatemala City to the mine 185 miles (300 kilometers) to the north on December 6, but was forced to pull off the two-lane transnational highway and wait for weeks while authorities negotiated its trip through Solola.
Shortly before dawn Tuesday, the truck began its northward push again. Facing threats of violence, police and soldiers were ordered by Guatemala's government to help it complete the journey. As the truck reached the town of Los Encuentros, located along an important interchange of highways 10 miles (15 kilometers) from Solola's outskirts, hundreds of protesters on either side of the highway pelted it with rocks and sticks and at least a few opened fire with guns, said Oscar Sanchez, a spokesman for the area's volunteer fire department.
Police ignited tear gas canisters and fired in the air to try and disperse the protesters. A 37-year-old farmer, Raul Castro, was killed and at least five other locals were injured, according to witnesses.
Sanchez said seven police officers had been transported to a hospital in the city of Chimaltenango to be treated for injuries.
The caravan was making a slow trek up the mountain highway late Tuesday, but its path continued to be impeded by a number of makeshift, burning roadblocks, he said. Carlos Calju, a spokesman for the national police force, said authorities would continue to battle protesters until the mining equipment reached its destination.
"The order from the Interior Secretary is that the cylinder must move on," he said.
Speaking to reporters in Guatemala City before the protest turned deadly, President Oscar Berger said his government "had to establish the rule of law."
"We have to protect the investors," the president said.
40 DAYS OF PROTEST AGAINST GLAMIS GOLD'S GUATEMALAN MINE END IN BLOODSHED AND DEATH
Daniel Vogt - Asociación Estoreña Para el Desarrollo Integral, AEPDI
El Estor, Izabal, Guatemala
Monday, January 10 marked the fortieth day that platform trailers carrying milling cylinders for Glamis Gold's Marlin mine in the western department of San Marcos had been blocked from passing along the Panamerican Highway to the mine. Since December 3, the convoy which could not pass under a metal pedestrian crossing bridge 130 km northwest of Guatemala City, is the object of a growing opposition to metal mining in the largely indigenous populated highlands.
When the equipment reached the bridge, workmen from the transport company tried to cut away part of the bridge so that the trailer could pass. When the local population discovered that the equipment was for mining, they initially feared that it was to be used in their communities 100 km from the mine, and organized to protect the bridge and prevent the mine equipment from passing further. On the first day of protest more than 2000 indigenous farmers and villagers gathered, and tried to dissuade the convoy from traveling further. When their demands were not met, one small vehicle carrying tools and fuel for the mine was set afire. The rest of the convoy retreated 2 km to a lookout point's parking area where it remained until January 11, guarded by private police under the vigilance of local villagers.
In the time since December 3, the local mayor stated repeatedly his determination to respect his constituents' demand that the equipment not continue to San Marcos where Glamis is constructing its Marlin mine. However, the Guatemalan Interior Ministry stated on January 8 that it is prepared to call in troops to escort the convoy past the bridge despite local opposition. Villagers have stated that they would push the equipment over a cliff where it is parked if the military intervened. However, at 3:00 am January 11 hundreds of National Police and Guatemalan Army soldiers arrived to escort the equipment to the Marlin mine.
Although the Police had blocked access to the area, hundreds of indigenous campesinos gathered to protest the movement of the milling cylinder. Shots were fired and tear gas used as the authorities dispersed protesters from the area. Two kilometers away workmen accompanied by National Police were busy dismantling the pedestrian bridge that had initially blocked the cylinder's passing. When local villagers gathered to oppose the action, the Police shot and killed two men, Raúl Castro Bocel and Miguel Tzorín Tuy, and wounded several other persons, ultimately accomplishing their objective. At this writing, there are unconfirmed reports of four Police being held hostage by groups of villagers who are outraged at the death of their companions.
As news of the deaths and violence spread through the area, large groups of villagers gathered along the highway where the cylinder and convoy are to pass, ready to try to halt its advance. Prepared for this resistance the convoy is accompanied by hundreds of Police and soldiers as armed escorts.
The opposition to the mine arises from a mining license granted by the lame duck Portillo administration in late 2003, without conducting the obligatory consultation of the local indigenous communities, required by Convention 169 of the ILO. Once the communities discovered the extent and possible impacts of the project, opposition formed around issues of violation of the rights of indigenous persons and environmental risks inherent to the cyanide leaching refinement process. The situation is further aggravated by the World Bank's International Finance Corporation's lending $45 million to Glamis to develop the mine, despite written opposition to the mine project by local organizations, and the apparent non compliance of the IFC to the Bank's own recommendations regarding extractive industries investments requiring their broad community support and clear poverty alleviating impacts.
Local organizations and villagers have organized across four departments in support of the protest and demanded a government / company dialogue directly with the San Marcos communities affected by the mine project to reach an accord regarding the mine's future. As tensions rose and patience grew short, neither the company or government showed signs of engaging those opposed to the mine, and the World Bank, having been informed of these problems since early December, demonstrated no leadership or ability to address the situation.
The situation remains extremely tense, and despite so many claims to the contrary by the World Bank and mining industry, the same repressive practices reminiscent of the mining projects from the past remain the norm of the day.
Canadian Mining Company Interests Result in Death of Indigenous Farmer
Press Release
January 18, 2005
Vancouver, BC - On January 11, 2005, an Indigenous farmer was killed for opposing Canada-US mining operations in Guatemala and another was seriously injured. As Indigenous and non-Indigenous Peoples in British Columbia and Canada, we demand that the Canadian government stop promoting Canadian corporations that undermine Indigenous rights in our traditional territories and abroad.
The farmer was killed in a confrontation with 2000 military and security forces sent to protect a convoy of mining equipment owned by Glamis Gold Limited.
Glamis Gold Limited houses its Canadian operations in Vancouver, BC. Under the previous Guatemalan administration, the corporation obtained exploration permits and invested $254 million in an open pit/underground site in San Marcos. Its Marlin project is expected extract 13.3 million tones of gold for the corporation over an 11-year period.
For over 40 days, Guatemalan citizens have protested and blockaded convoys on the Pan-American Highway carrying mining equipment into the western highlands. On January 8, the Minister of the Interior threatened to bring in troops to accompany the convoy. On January 10, he made that threat a reality, resulting in the confirmed death of one Indigenous farmer and many injuries.
Canadians and Indigenous peoples are united in speaking out against this crime, the militarization of trade, and the theft of Indigenous resources in Guatemala.
Tara Scurr, BC-Yukon Organizer for the Council of Canadians, stated: "As Canadians, we reject the position that resource exploitation, based on the Canadian model, is the key to peace and prosperity in Guatemala's post-war period. Canadians expect respect for human rights, not the facilitation of business deals that result in deaths and destruction of the environment for the benefit of myopic economic interests."
Chief Stewart Phillip, President of the Union of BC Indian Chiefs said today, "We demand that the Canadian government, through its embassy, in Guatemala repudiate the actions of the Guatemalan security forces and government in the harming and killing of citizens opposed to Glamis Gold Limited's Marlin Project. Glamis Gold should expect Indigenous peoples and concerned Canadians to come knocking on their door to demand a halt to this destructive and deadly operation in Guatemala."
Arthur Manuel, spokesperson for the Indigenous Network on Economies and Trade says: "As Indigenous peoples in Canada, we share the experience of our Mayan brothers and sisters. The government of Canada, like the government of Guatemala, refuses to recognize our Indigenous land rights. They use their economic and military might to push corporations into our traditional territories where they make huge profits, while Indigenous communities remain economically marginalized. We mourn with indigenous nations in Guatemala."
With Support of the:
Guatemala-Canada Solidarity Network, Northern BC
Ecumenical Task Force for Justice in the Americas
FOR MORE INFORMATION PLEASE CONTACT:
Arthur Manuel, INET: 250.319.0688
Tara Scurr, Council of Canadians: 604-688.8846
Chief Stewart Phillip, UBCIC: 250.490.5314
Catherine Nolin, UNBC, Dept. of Geography: 250.960.5875
The following is a letter written to the World Bank on the investment of the IFC in Glamis' Guatemalan gold project. It specifically draws attention to the reported undermining of the prior, informed consent of the local communities involved with Glamis Gold.
Letter to the World Bank (UK Executive Director) from Indigenous Peoples Links on the IFC investment in Glamis Gold
20th January 2005
Dear Mr. Scholar,
I am writing with regard to the recent events involving Glamis Gold in Guatemala. As you are aware the International Finance Corporation's has agree to lend $45 million to Glamis to develop the Marlin mine in San Marcos Department, despite written opposition to the mine project by organizations representing local Maya indigenous people, among others. We view the granting of this loan in the context of an intended increase in IFC investment in mining, apparently in direct contravention of the recommendations of the Bank's own Extractive Industries Review.
In May 2004, Guatemalan organizations called on the World Bank Group to delay approval of the Marlin Mine in order to allow time for a number of outstanding issues to be resolved. The Guatemalan groups argued that more consultation was necessary and that large segments of the local population did not support the project. Rather than following this advice, or assertaining its validity, the World Bank Group approved the project on schedule in June 2004. The Bank Group argued that "the project enjoys the significant support of the local indigenous communities" and that consultations with the local population had been adequate.
In response to the World Bank Group's Extractive Industries Review, the Bank Group stated that it would only support mining projects that enjoyed the "broad community support" from affected populations (as well as having clear poverty alleviating impacts). Yet in this case the local communities continue to raise concerns that they have not been properly consulted. It is our understanding that when some of the people, who are on lists provided by the company to the IFC of those supposedly consulted, were interviewed by civil society representatives they did not believe they had been consulted. They conceded that maybe they had been informed about mining in general, or mine related tree farm projects, etc, but had not entered into any kind of good faith informative or meaningful consultation.
We understand that the company are claiming, and the IFC concurring, that the process was a free and fair 'consultation', and that it complied with ILO Convention 169. From all the information we have this process seems rather to be nothing more than 'engineered consent', which ignores the reality and the real sense of the spirit, or acceptable practice of, free, prior and informed consent as preceived by indigenous organisations. Neither does it confirm with the spirit of ILO Convention 169, where consultation is not a one time vote yes or no, but rather a permanent process of engagement in an open and informative manner throughout the life of the project.
As you will also be aware this issue surrounding acceptance or rejection of the mine has recently become more contentious owing to the tragic death of at least one protestor, and the injuring of ten more (six at present still in hospital, one in grave condition), in a conflict over equipment for the mine passing through Los Encuentros, Sololá. Despite claims by the Guatemalan authorities witnesses attest that the wounds were caused by shots fired by the police and army.
It is our understanding that the IFC will shortly be sending a delegation to Guatemala City to investigate the above incident. Given this we respectfully request that the IFC:-
1) visit the communities at Marlin for themselves - including those that have declared their opposition to the project as well as those that supposedly support it;
2) coordinate their visit with the organisations and communities directly and not use the Ministry of Energy and Mines as their sole liaison;
3) meet with the Catholic Bishop of San Marcos and his staff regarding this project and
4) verify or audit the claimed results of the "consultation" that was performed by the company.
Finally we would request the IFC to explain why, given that they were informed of the conflict a month before the clash between campesinos and the government forces, they did not visit the project to investigate. Such an intervention may have helped prevent the violence and loss of life that has followed.
Sadly given recent events, as well as aforementioned claims of 'engineered consent', this project will now inevitably be a future flashpoint for conflict and hostility. We feel the IFC therefore should reconsider its commitment and withdraw promised funds to a project now so directly associated with violence and lacking full community acceptance, which the Bank now claims is the essential minimum for its involvement in an extractive project.
We trust that the decisions of the IFC will be guided above all by the interests and wishes of the affected populations and will therefore seek to avert any future conflict or bloodshed.
Backgrounders and other info on the Glamis mine situation:
Public rejection of IFC supported gold mining project in Guatemala
Canadian Government & Mining Companies Pursuing Guatemalan Riches
Letter to Guatemalan President gets international support
Nov 2004 - "The Frente por la Vida coalition asks that your government: halt further work on the Marlin mine pending the full and informed participation of local communities..."
Response to Ambassador's letter
5 Nov 2004
Canadian Ambassador to Guatemala defends mine in Guatemala newspaper
4 Nov 2004
The position of the Diocese of San Marcos on open-pit mining in Guatemala
by Bishop Alvaro Ramazzini
17 Sept. 2004- "What remains clear is that from now on we must impede, at all costs, any mining activity in our country. We must mobilize all of our forces to achieve this: from legal actions to peaceful resistance on the part of the communities."