As more miners continue to move into the Region One indigenous community of Chinese Landing, Toshao Orin Fernandes is reporting increased threats made on his life, while accusing the police of failing to act on them.
Fernandes said that the threats from both miners and the police are not new but they have been intensifying since the United Nations Committee on the Elimination of Racial Discrimination (UN CERD) flagged the government for not addressing them.
Chinese Landing, a Carib indigenous community, complained to CERD about a number of violations under the Amerindian Act of 2006.
They had submitted that these violations are being perpetuated by both the government and miners who are granted permission to operate on titled, customary and sacred lands within their communities.
The community is contending that the government granted a medium-scale mining concession to W Vieira in its titled lands without consulting or seeking the consent of the community. Chinese Landing had informed UN CERD that there has been an increase in unwanted mining, which poses a risk to its traditional way of life and its environment. It is further alleged that a High Court dismissal, without a hearing of a claim filed by the Chinese Landing indigenous community against the Guyana Geology and Mines Commission and Mr W. Vieira concerning the mining concession, has also resulted in an upsurge of a series of incidents of intimidation and assaults on residents of the community, by miners and members of the Guyanese Police Force.
The government has been repeatedly accused of breaching the free, prior and informed consent (FPIC) standard when granting mining concessions in indigenous communities and on customary lands.
It has until July 15, 2022, to submit a response to UN CERD and according to Minister of Parliamentary Affairs and Governance Gail Teixeira, it will be done. She also told Stabroek News that the current administration cannot answer for the APNU+AFC’s failure to respond to UN CERD’s previous letters.
In a letter dated April 29, 2022, addressed to Chargé d’ Affaires of the Guyana mission at the United Nations Office in Geneva, Kerrlene Wills, Chair of UN CERD, Verene Shepherd, highlighted it had written to the government twice, on May 17 and December 14, 2018, but received no response.
Last week, Stabroek News reported that new miners continue to move into the community without the approval of the Village Council.
Toshao Fernandes, during a brief interview with Stabroek News, said that the latest set of miners moved into the community on Thursday. He said that the village only became aware of that after they saw vessels and other equipment being offloaded at the Tasssawini Landing (Chinese Landing).
“They brought in three big crushers and we did not know anything about it till we see it. It [the situation in the village] is terrible right now. Like right now I am even scared to go around certain parts in my village where those miners are because there are too much threats. They are just doing what they want to do and we can’t say or do anything here because of the threats,” he reported.
Fernandes said that the threats continue to increase and the offenders are targeting him specifically and other members of the Village Council whenever there is an objection to the mining activities. He remains hopeful that the authorities can intervene and bring the situation under control.
“Mostly I’m the one they are after. I don’t know if they have personal issues with me but the police [force] is not doing anything too. But I know that these men [miners] are capable of doing crazy things just to get their way. So, right now, I am hoping that the government does something to bring some relief and the situation under control but we can just hope because we do not know what they will do,” he said.
Stabroek News attempted to contact Regional Commander Haimnauth Shaw but was unsuccessful.
Fernandes said that they welcome the decision that the government would be responding to UN CERD but also question the format of the response. He said that no one from the government has reached out to the village or held a grievance meeting to date.
UN CERD, in identifying areas for the government to take measures on, proposed consideration be given to suspending or revoking the mining concessions that affect the lands, territories or resources of the Chinese Landing and the Wapichan indigenous peoples until FPIC is granted by these indigenous peoples; refraining from approving projects and granting mining permits or concessions within the lands of indigenous peoples, whether titled or not; ensuring that Indigenous Peoples have access to effective and prompt judicial and other remedies to seek protection for their rights; prevent and investigate incidents of threats and violence against residents of the Chinese Landing indigenous community by miners and by members of the Guyanese Police Force; incorporating the principle of FPIC in domestic legislation, including by amending the Amerindian Act of 2006, with indigenous peoples’ participation, and to fully and adequately guarantee the right to consultation of indigenous peoples; and considering ratifying ILO Indigenous and Tribal Peoples Convention (No. 169).
Fernandes said that the village is monitoring the actions of both the government and miners closely.
