Minister of Parliamentary Affairs and Governance Gail Teixeira said that while the government is working towards meeting the July 15 deadline to respond to the United Nations Committee on the Elimination of Racial Discrimination (UN CERD) recommendations on rights violations at Chinese Landing, they may have to seek an extension of the deadline.
The Carib indigenous community of Chinese Landing in Region One (Barima-Waini) and the Wapichan nation of South Rupununi have complained 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 were granted permission to operate on titled, customary and sacred lands within their communities.
In its letter to the government, UN CERD highlighted that it considered information received under its early warning and urgent action procedure, related to the situation of the Chinese Landing and the Wapichan indigenous peoples at its 106th session. The complaints revolve around unsanctioned mining in the communities.
UN CERD gave the government until July 15, 2022, to address the allegations of rights violations against the Wapichan Nation and Chinese Landing. It identified a number of areas for the government to take measures on.
These include: Consider 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; refrain from approving projects and granting mining permits or concessions within the lands of indigenous peoples, whether titled or not; ensure 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; incorporate the principle of FPIC consent 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 Consider ratifying ILO Indigenous and Tribal Peoples Convention (No. 169).
When asked for an update on the government’s response, Teixeira said “We are working towards meeting the Chinese Landing things [but] we may have to seek an extension there.”
She explained that the situation with Chinese Landing is different because UN CERD does not release details of the allegations rather it just writes the government with a summary of what is before it along with recommendations.
“It seems with the UN [CERD] one, we said all we have is the letters you are writing us [and asked] what’s the evidence on this and they said it is confidential. We are answering in a kind of a strange way [because all we have are] the letters that the UN has sent us and not what the petitioners or the persons who had written to the UN, to bring this matter to their attention, what they have actually said.
“So it is very difficult for us. So we may have to ask for an extension [but] we are going through everything available to us,” she said.
However, Teixeira did commit to responding to the UN CERD.
…cannot recall
The UN CERD also reminded Guyana of its recommendations in 2006 and reiterated its concerns and recommendations contained in the letters sent on 17 May and 14 December 2018, under its early warning and urgent action procedure.
On December 14, 2018, the Committee urged the government to consider revoking the draft Environmental and Social Impact Assessment for the Marudi mining projects; conduct an environmental and social impact assessment with the full participation of all indigenous peoples affected by the mining project on Marudi Mountain; and consider the suspension of the mining project on Marudi Mountain until free, prior and informed consent (FPIC) is granted by the Wapichan indigenous people following the full and adequate discharge of the duty to consult.
Last night, when contacted former Minister of Indigenous Peoples Affairs Valerie Garrido-Lowe said that she cannot ever recall seeing the letters from UN CERD.
“I don’t think I had those letters and I can’t say that they came across my desk. Remember the substantive Minister [of Indi-genous Peoples Affairs] was Sydney Allicock and he never shared those letters with me. They never came across my desk. I am sorry I cannot say anything else at this time but maybe later I can,” she said.
Both Garrido-Lowe and Allicock were Ministers under the David Granger administration from 2015 to 2020.
Efforts to reach out to Allicock were unsuccessful.
In the case of Chinese Landing, 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 indi-genous 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 continually accused of breaching the free, prior and informed consent (FPIC) standard when granting mining concessions in indigenous communities and on customary lands.
Chinese Landing Toshao Orin Fernandes has been reporting an increased presence of miners along with threats from both the Police and miners.
Dealing with the allegations from the Wapichan nation, the UN CERD said that it is related to mining projects on Marudi Mountain and its impact on Wapichan indigenous peoples. The letter stated that the Committee received, on 17 November 2021, information that the Government of Guyana concluded an agreement with the company Romanex Guyana, Aurous and the Rupununi Miners Association allowing for the expansion of mining activities at Marudi Mountain, without consulting and seeking the consent of the Wapichan indigenous peoples. It is alleged that the mining activities at Marudi Mountain, a sacred area for the Wapichan people and also critically important as several rivers originate in this zone, pose an imminent and grave threat to the cultural heritage and livelihood of the Wapichan indigenous peoples.
