The indigenous community of Chinese Landing in Region 1 is overjoyed with the resolution of the Inter-American Commission on Human Rights (IACHR) which on Friday granted it protective measures and says it is hopeful that the Guyana Government will honour its obligations as set out in the document.
The community, its Toshao Orin Fernandes yesterday told Stabroek News, is “overjoyed…this is what we have been praying for” and those prayers now include that “government agrees with the resolution and take necessary action to bring resolve for the residents”.
Fernandes who last evening returned to the community following work duties in a sub-district, said that the news of the protective measures has been most welcome for the community but they have not yet met as a council to discuss it and are expected to do so soon.
Last Friday, the IACHR issued Resolution 41/2023, through which it granted precautionary measures in favour of members of the Indigenous Carib Community of Chinese Landing, who it said are “currently at serious, urgent risk of suffering irreparable harm to their human rights”.
“Having analyzed the submissions of fact and law presented in this matter, the Commission considers that the information provided shows prima facie that the identified members of the Indigenous Carib Community of Chinese Landing are in a serious and urgent situation, given that their rights to life and personal integrity are at serious risk,” the resolution dated July 21, 2023 states.
The Commission has asked the government to advise it within 20 days from Friday’s ruling as to the steps taken.
Government yesterday said that it would be replying to the commission as stipulated.
“Yes. On any of the petitions that are brought against Guyana by international agencies such as the Inter-American Commission on Human Rights, Guyana has always responded and always submitted within the deadlines. There will be no difference in this case; the resolution of the IACHR giving us 20 days,” Minister of Parliamentary Affairs and Governance Gail Teixeira said when contacted.
This newspaper yesterday reached out to Minister of Amerindian Affairs Pauline Sukhai. On a visit to her office, her Secretary told this newspaper that she was in a meeting and would be travelling immediately after. She took the number of the reporter and informed that “Minister would call”. However, up to press time there had been no such call.
The grant of the precautionary measures by the pre-eminent human rights body in the region came even though the Government of Guyana had sought to counter the complaints of the Chinese Landing residents. The edict of the IACHR will place immediate pressure on the government to heed the concerns of Chinese Landing residents and to take the measures recommended by the IACHR.
In June this year, Minister of Foreign Affairs and International Cooperation, Hugh Todd met with Margarette May Macaulay, President of the IACHR and other members of the IACHR Board of Directors on the sidelines of the Fifty-Third Regular Session of the General Assembly of the Organization of American States (OAS)
A release from the Ministry of Foreign Affairs then said that during the meeting, Todd underscored the Government of Guyana’s policies for the promotion of human rights and reiterated Guyana’s commitment to supporting the Commission in the execution of its mandate. Macaulay was one of the signatories to Friday’s decision.
The issue at Chinese spans over a decade as the community complained and raised its concerns which it said fell on deaf ears, not about mining licenses being issued for areas within its lands but that villagers were subjected to many abuses, not sparing women and children, and threats when they spoke about the poaching of their property.
Among incidents listed were that in August 2021, there was an attempt to rape a 14-year-old girl who was grabbed by an armed miner who put his gun against her back;
In August 2021, there was physical aggression against a 19-year-old who was allegedly slapped and later chased with three others by the security officer of the mines with an iron;
In 2021, an elder was threatened with a knife and questioned about her son when returning from a fishing trip;
In June 2022, at least in two occasions, residents were threatened with the use of firearms to remove their equipment by the mines’ general manager.
Considering the information provided by the parties, the IACHR cited States specific obligations to protect indigenous and tribal people: “The IACHR has recognized that States must adopt special and specific measures aimed at protecting, favoring and improving the exercise of human rights by indigenous and tribal peoples and their members. The need for special protection arises from the greater vulnerability of these populations, their historical conditions of marginalization and discrimination, and the deeper impact on them of human rights violations. This positive State duty of adopting special measures is enhanced when it comes to indigenous children and women, given that their level of vulnerability is even greater”, the Commission noted.
Stabroek News had visited Chinese Landing and reported extensively on the complaints by residents against the activities of the miners, threats to the toshao of the community and the evident cozy relationship between regulatory authorities and the prospectors
This newspaper had visited the community from August 1 of last year and spent three days during which a visit to the mines was conducted. It was related that approximately 500 miners are occupying the mining blocks within the community, threatening both the health and livelihood of the community members. On its visit to the mines, this newspaper observed that the deepest mining pit is approximately 500 ft deep – which is no longer considered sub-surface mining.
The village Chief had accompanied this newspaper to the pit and he was shocked by the devastation. What also stood out was the fact that the Toshao had to seek permission to visit the mines from the operators there although it falls within the community. Fernandes explained that it was necessary since the miners had threatened them with prosecution for trespassing on several occasions.
The road leading to the mines has severely deteriorated. Also, the environmental impacts of mining at Tassawini are visible since the waters were somewhat murky. The miners there are using mercury to extract the gold and it is released into the Tassawini Creek, which flows into the savannahs and into Huri Creek. “…the tailing [residue from mercury] runs into our big savannah and spread in to there and then it run into the Tassawini Creek and then the Tassawini Creek runs straight into Huri Creek. This Huri Creek is our natural boundary, it runs all the way back to Kariako and then it comes into Barama. So the tailing whatever you use there it has to run into Huri Creek even if you bar it off and it break away it runs straight into Huri Creek and into Barama,” Fernandes had said.
Those creeks and savannah are the fishing grounds for Chinese Landing people as well as their main water sources. Now they are forced to look at alternatives owing to the pollution from mining. Fernandes had tested for above-normal levels of mercury in his system and had to undergo treatment.
During the Sunday Stabroek’s visit to the mines, several children were observed in the area, which is prohibited. Also, there are shops directly where mining is happening, which is also prohibited.
“We have all of these shops and children here and the GGMC people and wardens not doing anything about it. This is not supposed to be happening and if it was us doing that then we would have been shut down long time now,” Deputy Toshao Vera Millington had said.
