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PBI-Honduras visits communities in Tocoa as the Los Pinares ASP mining concession is set to expire on January 28

On January 24, PBI-Honduras posted:

“Last week we visited the different communities of the San Pedro Sector in Tocoa. For more than 10 years, they are organized in the San Pedro Common Goods Committee for the defense and care of the territory they inhabit.

We express concern over the invalidation of the popular will expressed by the communities repeatedly, against the renewal of the concession to the mining company located in these territories.

Just a few days from the expiration of this concession, we stay tuned for the development of the situation in the sector.”

Criterio.hn further explains:

“In response to Inversiones Los Pinares’ request to renew the ASP mining concession for another 30 years in the Carlos Escalera National Park, environmental defenders asked the Public Prosecutor’s Office to act on allegations of abuse of power and indications of corruption in the initial grant.

The members of the Municipal Committee in Defense of Common and Public Goods of Tocoa presented this Tuesday, January 16, a written petition requesting notification of the resolution issued on April 19, 2023, by the General Directorate of Prosecutors’ Offices and ensuring the effective prosecution for the crimes of illegal exploitation and environmental damage.

The legal representative, Rita Romero, explained to Criterio.hn that the complaints accumulated in both the Specialized Prosecutorial Unit Against Corruption Networks (Uferco) and the Environmental Prosecutor’s Office (Fema) are based on the damages caused by ten years of mining concession.

“Why are we here? Because we learned in the last days of 2023 that the company Inversiones Los Pinares – whose ASP mining concession right expires soon on January 28, 2024 – asked on October 26 [2023] for a renewal of its concession contract for up to 30 more years,” Romero said.

The residents of Tocoa are facing a mining megaproject with seven components, which includes a thermoelectric generation plant based on petroleum coke. On December 9 – after a boycott of the open town hall by Mayor Adán Funez – more than 2,000 people constituted a sovereign assembly, through which they rejected the energy project.”

More than 100+ organizations recently called for: “The immediate and unconditional cancellation of the Emco Holdings megaproject, including the ASP and ASP2 mining concessions [100 hectares each] of Inversiones Los Pinares [where they would dig for iron oxide]; the petroleum coke thermoelectric plant and the Ecotek pelletizing plant concession; the concessions for the use of water from the Guapinol, San Pedro and La Ceibita rivers.”

We continue to follow this.

Early dates in this struggle

April 2013: Emco Mining (now Inversiones Los Pinares) requests two mining concessions in the Montaña de Botaderos Carlos Escaleras Mejía National Park.

January 28, 2014: The first licence is granted to Emco Mining for their planned open-pit iron oxide mine.

2017: The Municipal Committee for the Defence of Public and Common Goods is created and calls for public consultations so that community members can decide whether they wanted a mine in their area.

March 2018: The company begins building an access road to the planned mine site and community members reports that the Guapinol River, a vital source of drinking water for them, has become muddied.

August 1, 2018: The community establishes a Camp in Defence of Water and Life that blocks the construction of the access road.

October 27, 2018: More than 1,500 police officers and military personnel begin the forceful expulsion of the protest camp from the road worksite.

January 20, 2019: Two thousand people from 24 communities gather at the Municipal Summit for Water and Life organized by the Municipal Committee in Defence of Common and Public Goods in Tocoa and declare their opposition to the Los Pinares mine.

PBI-Guatemala accompanies the Peaceful Resistance of Cahabón opposed to Canadian-designed dams on Q’eqchi’ territory

On January 18, PBI-Guatemala posted:

“#PBI accompanies the Peaceful Resistance of Cahabón. We visited the communities of Sactá and Las Tres Cruces. We met with leaders and members of the Resistance who shared with us the risks they face in defending the rivers and the land. PBI is very concerned about the increase in criminalization in the region.”

PBI-Guatemala has explained: “The Peaceful Resistance of Cahabón is made of more than 190 Q’eqchi’ communities who live in the Cahabón River basin. Since 2015 they have organized around defense of territory and against the launch of the OXEC I and OXEC II hydroelectric projects installed on the Oxec River, a tributary of the Cahabón River.”

Hatch and OXEC II

NS Energy has reported: “Hatch would be engaged to deliver the conceptual design and detailed design-build-engineering for the Oxec II Hydroelectric Project.”

Hatch was founded in Toronto, Canada, by W.S. Atkins as W.S. Atkins & Associates in 1955. It has offices around the world with its headquarters in Mississauga, Ontario.

From list of Hatch Ltd. office locations in Canada.

Commenting on OXEC II, Ian Ainslie, a Hatch project manager based in Niagara Falls, Ontario, noted: “Hatch has been active in developing hydroelectric sites in Guatemala for over 20 years.” And Hatch’s managing director of power, Jim Sarvinis, says: “Projects like Oxec II are exactly why we do the type of work we do at Hatch.”

OXEC II became operational in September 2018.

OXEC III

In April 2023, Power Technology noted: “Oxec III is a 75MW hydro power project. It is planned on Cahabon river/basin in Alta Verapaz. The project construction is likely to commence in 2025 and is expected to enter into commercial operation in 2027.”

On May 10, 2023, PBI-Canada observed a march by the Peaceful Resistance of Cahabón in Guatemala City that included a banner that read: “We demand that the Oxec 3 licence be cancelled.”

Breakbulk Magazine has previously reported Hatch’s project manager for Oxec II Hooman Ghassemi “has been working on Oxec II since 2015 and finished the conceptual design for Oxec III [in 2017].”

The Peace Brigades International-Guatemala Project has accompanied the Peaceful Resistance Cahabón since July 2017.

We continue to follow the Q’eqchi’ resistance to dams on the Cahabon River.

Photo: Maya Q’eqchi environmental defender Bernardo Caal Xol spent four years in prison for his peaceful resistance to dams being built on ancestral territory without consent. He was released from prison in March 2022. PBI-Canada met with him on May 5, 2023, in Cobán, Alta Verapaz, Guatemala.

PBI-Mexico accompanies Indigenous Ódami peoples in the mountains of Chihuahua forcibly displaced by organized crime

Photo: In June 2022, PBI-Mexico accompanied a meeting of Indigenous Communities in Coloradas de la Virgen, Guadalupe and Calvo, Chihuahua with the objective of exchanging experiences on the defence of territory and natural resources.

On December 19, 2023, Raichali reported: “Faced with the unstoppable wave of displacement of entire communities in the municipality of Guadalupe y Calvo, state and national civil society organizations, accompanied by Peace Brigades International (PBI), have carried out two humanitarian caravans in August and November of this year.”

Those visits took place on August 21-22 and November 28-29, 2023.

The following day, Raichali also reported: “Around 80 people from the Ódami people of Santa Tulita, from the Mala Noche community in the municipality of Guadalupe y Calvo, in the mountains of Chihuahua, had to flee their land for a few days to save their lives, due to the presence of a criminal group that is dedicated to illegally cutting down the forest.”

Reuters has previously noted: “An academic at UNAM [the National Autonomous University of Mexico], Leticia Merino, estimates that 70% of the wood consumed in Mexico is illegal. [A report by the Global Initiative Against Transnational Organized Crime] found that drug traffickers involved in illegal logging have also been associated with deforestation and land theft, which often affect marginalized indigenous groups.”

January 4-5, 2024 visit

Now, on January 17 of this year, El Puntero also reports: “The Community Technical Consultancy (CONTEC), the Center for Women’s Human Rights (CEDEHM), the Collective of Psychosocial Practices (COPPSAC), Services for Peace (SERAPAZ), Peace Brigades International (PBI) and the Parish of Baborigame, made three visits to the community of Mala Noche in the municipality of Guadalupe y Calvo, with the aim of addressing the situation of providing humanitarian aid and preventing the forced displacement of Ódames families and communities.”

That third visit was on January 4- 5, 2024.

On January 18, El Diario also highlighted: “In January 2024, in the town of Baborigame, organized civil society documented the violent events that have occurred in the community, where more than 150 people were forced to leave their homes, due to threats and the climate of violence that exists in the area.”

That article further notes: “From 2015 to 2023, 572 people in the municipality of Guadalupe y Calvo have had to leave their homes, after being victims of forced displacement by organized crime, according to information provided by various civil associations that accompany this sector of the population.”

Red TDT has previously highlighted: “Indigenous peoples of the region have denounced that illegal logging intensified since 2015. Currently, there has yet to be a comprehensive action plan to prevent illegal logging in the forests of the Sierra Tarahumara of Chihuahua.”

The El Diario article then notes: “The families and communities that live in these areas of Chihuahua have the right to live in peace and tranquility, so the organizations call on the authorities to attend to and guarantee security, by installing a safeguard with permanent security personnel in the region, so that the communities can return to their homes and thus prevent more people from continuing to be victims of displacement.”

With respect to “permanent security personnel in the region”, Raichali has provided the context and concern: “As in other cases of forced displacement of entire indigenous communities, Rarámuri and Ódami, in the same municipality, the authorities promised to provide them with protection, but they [the communities] fear that it will be temporary, as has happened, and that the violence will return with greater fury.”

The need for recognition of ancestral territory

PBI-Mexico has previously noted that the main causes of the issues faced by the Indigenous communities “are related to economic interests surrounding tourism projects, legal and illegal exploitation of forests, real estate and energy projects such as mining, pipelines and the presence of organized crime.”

The Network in Defense of Indigenous Territories of Sierra Tarahumara (REDETI) has also highlighted: “The lack of legal recognition of ancestral lands is one of the causes of the dispossession of the Indigenous peoples of the Sierra Tarahumara.”

On October 24-29, 2023, PBI-Canada hosted Mariana Azucena Villarreal Frías of REDETI, along with Manuel Jabonero from PBI-Mexico, who highlighted these issues at numerous meetings with officials in Ottawa.

We continue to follow this situation with concern.

PBI seeking field volunteers in Honduras and Guatemala

PBI-Guatemala has now posted: “We extend the call to January 28 to select volunteers who want to accompany human rights organizations!”

More information on this here.

And PBI-Honduras has posted: “Want to know more about volunteering at PBI Honduras? Read the call on our website and learn about the world behind volunteering at PBI here.”

Their application deadline is January 31.

We remain attentive to upcoming calls from PBI-Mexico (more at Become a Field Volunteer) and PBI-Colombia for field volunteers.

Last May, PBI-Colombia welcomed these three new field volunteers.

And when these PBI-Colombia field volunteers joined in late 2022, they stated: “We consider it an exceptional opportunity to accompany different farmer, indigenous and Afro-descendant organizations in their struggles with land rights issues, their pursuits of justice for victims of the conflict, and their work with families of forcibly disappeared persons. Parting from our own experiences, we connect with each other through our motivation to contribute to the construction of a fairer world and our desire to learn about the organizations that have been working towards the consolidation of a more just society for so many decades.”

Apply today! Help spread the word!

International Court of Justice delivers interim ruling, calls on Israel to take all measures to prevent genocide in Gaza

Photo: Image from BBC video of today’s ICJ ruling.

The Guardian reports:

“[International Court of Justice president] Judge [Joan E.] Donoghue says the court has decided that Israel must ‘take all measures within its its power’ to prevent all acts within the scope of the genocide convention.

She says it must ensure ‘with immediate effect’ that its forces do not commit any of the acts covered by the convention.

It must also take immediate measures to improve the humanitarian situation in Gaza, she says.“

The ICJ ruling can be read in full here.

Implications for Canada under the Genocide Convention

In its response to the provisional ruling, South Africa has highlighted:

“Third States are now on notice of the existence of a serious risk of genocide against the Palestinian people in Gaza. They must, therefore, also act independently and immediately to prevent genocide by Israel and to ensure that they are not themselves in violation of the Genocide Convention, including by aiding or assisting in the commission of genocide. This necessarily imposes an obligation on all States to cease funding and facilitating Israel’s military actions, which are plausibly genocidal.”

The CBC has previously noted: “Canada will abide by all rulings arising from South Africa’s genocide case against Israel at the International Court of Justice (ICJ), officials at Global Affairs Canada have told CBC News.”

That article explains: “[An ICJ provisional measure on preventing genocide] would greatly complicate the sale of Canadian arms or dual-use technologies to Israeli buyers. Countries like Canada that have signed the international Genocide Convention treaty are expected to take proactive measures to prevent and suppress acts of genocide.”

Following the ICJ ruling, the Canadian Foreign Policy Institute and Just Peace Advocates called on the Trudeau government to ensure Canada is not enabling a genocide by immediately suspending direct Canadian assistance to the Israeli military.

We also take note of this tweet from the UK Director of Human Rights Watch:

The Arms Trade Treaty

Amnesty International has also commented: “Any state that is a party to the [Arms Trade Treaty] must obey strict rules on international arms transfers. The Treaty was designed to stop deadly weapons from getting into the hands of people who will use them to commit human rights violations, including genocide, crimes against humanity and war crimes.”

Canada acceded to the United Nations Arms Trade Treaty on September 17, 2019.

Rachel Small of World Beyond War Canada has observed: “[The Arms Trade Treaty] would absolutely require Canada to cut off shipping weapons to a state that’s at risk of committing serious war crimes.”

Canadian arms sales to Israel

In 2022, Canadian companies sold a total of $21 million in “military goods” to Israel of which $3.1 million fell under a category that includes “bombs, torpedoes, rockets, missiles, other explosive devices and charges and related equipment and accessories.”

Furthermore, at least 110 Canadian-based suppliers have been awarded contracts valued in excess of $38 billion to develop the F-35 fighter jet, an aircraft the Israeli military is reportedly using to bomb Gaza. A study commissioned by its manufacturer Lockheed Martin says there are US$2.3-million worth of Canadian components in every F-35 jet.

Yesterday, Alex Cosh of The Maple reported: “Peace activists and humanitarian organizations are accusing the Trudeau government of sowing confusion in its responses to questions about whether or not it has allowed Canadian companies to continue exporting military goods to Israel since October 7.”

Canadian groups have called for an arms embargo

Just two days prior to the ICJ ruling, Doctors of the World Canada, Mennonite Central Committee Canada, Humanity & Inclusion Canada, Islamic Relief Canada, Oxfam-Québec, Oxfam Canada, Save the Children Canada called for Canada “to immediately halt the direct or indirect transfer of weapons, parts, and ammunition to Israel and Palestinian armed groups while there is a risk they are used to commit or facilitate serious violations of international humanitarian or human rights law.”

The Waterloo, Ontario-based peace research institute Project Ploughshares has also previously commented: “The gravity of this situation calls for immediate action to ensure Canada is meeting its domestic and international obligations to mitigate the risk of contributing to violations of international law, for example, violations of international humanitarian law (IHL), including possible war crimes, in Gaza. Given the substantial risk that Canadian military goods could contribute to such abuses in Gaza, Canada must immediately halt all transfers of weapons to Israel.”

The human costs

Israel’s assault on Gaza has killed at least 25,490 people — the majority women and children — and wounded another 63,354 people. The offensive has also displaced nearly 85% of Gaza’s population of 2.3 million from their homes.

More than 10 children on average have lost one or both of their legs every day in Gaza since October 7, with many amputations performed without anesthesia.

Peace Brigades International (PBI) supports the call for an immediate ceasefire in Palestine and Israel, respect for international humanitarian law, an end to collective punishment and a process of negotiations leading to a just and lasting peace.

PBI-Honduras visits communities in Tocoa as the Los Pinares ASP mining concession is set to expire on January 28

On January 24, PBI-Honduras posted:

“Last week we visited the different communities of the San Pedro Sector in Tocoa. For more than 10 years, they are organized in the San Pedro Common Goods Committee for the defense and care of the territory they inhabit.

We express concern over the invalidation of the popular will expressed by the communities repeatedly, against the renewal of the concession to the mining company located in these territories.

Just a few days from the expiration of this concession, we stay tuned for the development of the situation in the sector.”

Criterio.hn further explains:

“In response to Inversiones Los Pinares’ request to renew the ASP mining concession for another 30 years in the Carlos Escalera National Park, environmental defenders asked the Public Prosecutor’s Office to act on allegations of abuse of power and indications of corruption in the initial grant.

The members of the Municipal Committee in Defense of Common and Public Goods of Tocoa presented this Tuesday, January 16, a written petition requesting notification of the resolution issued on April 19, 2023, by the General Directorate of Prosecutors’ Offices and ensuring the effective prosecution for the crimes of illegal exploitation and environmental damage.

The legal representative, Rita Romero, explained to Criterio.hn that the complaints accumulated in both the Specialized Prosecutorial Unit Against Corruption Networks (Uferco) and the Environmental Prosecutor’s Office (Fema) are based on the damages caused by ten years of mining concession.

“Why are we here? Because we learned in the last days of 2023 that the company Inversiones Los Pinares – whose ASP mining concession right expires soon on January 28, 2024 – asked on October 26 [2023] for a renewal of its concession contract for up to 30 more years,” Romero said.

The residents of Tocoa are facing a mining megaproject with seven components, which includes a thermoelectric generation plant based on petroleum coke. On December 9 – after a boycott of the open town hall by Mayor Adán Funez – more than 2,000 people constituted a sovereign assembly, through which they rejected the energy project.”

More than 100+ organizations recently called for: “The immediate and unconditional cancellation of the Emco Holdings megaproject, including the ASP and ASP2 mining concessions [100 hectares each] of Inversiones Los Pinares [where they would dig for iron oxide]; the petroleum coke thermoelectric plant and the Ecotek pelletizing plant concession; the concessions for the use of water from the Guapinol, San Pedro and La Ceibita rivers.”

We continue to follow this.

Early dates in this struggle

April 2013: Emco Mining (now Inversiones Los Pinares) requests two mining concessions in the Montaña de Botaderos Carlos Escaleras Mejía National Park.

January 28, 2014: The first licence is granted to Emco Mining for their planned open-pit iron oxide mine.

2017: The Municipal Committee for the Defence of Public and Common Goods is created and calls for public consultations so that community members can decide whether they wanted a mine in their area.

March 2018: The company begins building an access road to the planned mine site and community members reports that the Guapinol River, a vital source of drinking water for them, has become muddied.

August 1, 2018: The community establishes a Camp in Defence of Water and Life that blocks the construction of the access road.

October 27, 2018: More than 1,500 police officers and military personnel begin the forceful expulsion of the protest camp from the road worksite.

January 20, 2019: Two thousand people from 24 communities gather at the Municipal Summit for Water and Life organized by the Municipal Committee in Defence of Common and Public Goods in Tocoa and declare their opposition to the Los Pinares mine.

PBI-Colombia accompanied NOMADESC calls for protection measures after attack on Bahía Málaga in the rural area of Buenaventura

Photo: Mangaña is a community of 21 families located in Bahía Málaga (Valle del Cauca).

On January 23, PBI-Colombia retweeted this post from the Association for Social Research and Action (NOMADESC):

“#SOS We reject all violent actions and REQUEST @CorteIDH [Inter-American Court of Human Rights] to attend to the precautionary measures that are in process and we demand [Colombian president] @petrogustavo [and vice-president] @FranciaMarquezM to speak out and act immediately with REAL AND EFFECTIVE protection measures.”

El Espectador further explains: “After the incursion of an armed group that has not been identified, the inhabitants of Bahía Málaga, in the rural area of Buenaventura, have been confined and frightened since 1:00 a.m. on Monday, January 22, 2024. The community council of the Black Communities in the area published a statement denouncing the situation and asking for the presence of the security forces.”

Map: “The Naval Base of the National Navy is located just one kilometer from Bahía Málaga.”

That statement says: “We are being invaded and threatened by an outlaw group that took over the community of Mangaña. We ask the security forces to make an urgent presence. They have already tried to kidnap two leaders of the Community Council who were traveling in boats from rural towns near Buenaventura.”

“The community resists a forced displacement of our communities”

La Silla Vacía adds: “The Community Council does not specify which group is, but in the surroundings of Bahía Málaga there is a presence of the ELN [National Liberation Army] and the Clan del Golfo [paramilitary].”

On July 3, 2022, a delegation of labour activists along with the Peace Brigades International-Colombia Project and PBI-Canada visited the island of La Plata off the coast of Buenaventura and heard from the Afro-Colombian community of Bahia Malaga on the threat of “conservation” to ancestral and collective rights.

The PBI-Colombia Project has accompanied NOMADESC since 2011 and its president Berenice Celeita since 1999.

Canada and the Philippines sign defence cooperation agreement despite the killings of human rights defenders

Photo: Canadian Ambassador David Hartman and Secretary of Defence Gilberto Teodoro signed the Philippines Canada Defence Cooperation Memorandum of Understanding in Manila (National Capital Region) on January 19, 2024.

Amnesty International and Human Rights Watch have both documented in their annual reports multiple human rights concerns in the Philippines including extrajudicial killings, attacks against political activists and journalists.

Human Rights Watch has noted: “Incidents of ‘red-tagging’ by the authorities and government supporters and pro-government media continued [in 2023]. Getting red-tagged is often a prelude to physical attack, raising fears among activists and constricting democratic space. Government actors have red-tagged activists, unionists, environment defenders, Indigenous leaders, teachers, students, and journalists.”

Amnesty International provides the example of Silvestre Fortades and Rose Maria Galias, “both members of a ‘red-tagged’ farmers’ and labour rights organization” who were shot dead on January 15, 2022. The Business & Human Rights Resource Centre further notes that Fortades and Galias were “killed by suspected military agents” likely because “of their resistance against large-scale landlords and their demands of democratic reforms, better wages and working conditions, end of extortionate loans, and the right to land.”

Global Witness includes Fortades and Galias in their list of the 11 human rights defenders killed in the Philippines in 2022. The Philippines had the highest number of defenders killed that year following Colombia, Brazil, Mexico and Honduras.

Now, Radio Canada International reports: “Canadian ambassador to the Philippines David Hartman and Secretary of the Philippine Department of National Defense Gilberto Teodoro signed the Philippines Canada Defence Cooperation Memorandum of Understanding” on Friday January 19 in Manila.

Interoperability in the South China Sea

That RCI article adds: “The agreement is part of Canada’s Indo-Pacific Strategy to expand its presence in the Philippines and the Indo-Pacific region.”

Reuters also provides the context likely within Canada’s Indo-Pacific Strategy that: “Canada has supported the Philippines in the face of China’s increased assertiveness in the South China Sea, backing a 2016 ruling by the Permanent Court of Arbitration that said China’s South China Sea claims had no legal basis. China rejects that finding.”

CNBC has previously reported: “According to the United Nations Conference on Trade and Development, an estimated $3.37 trillion worth, or 21 per cent of all global trade, transited through the South China Sea in 2016.”

Late last year, Ambassador Hartman highlighted the possibility of broadening the scale of interoperability between the Philippine Navy and the Royal Canadian Navy.

Mining critical minerals

Rappler, the Philippines’ leading digital media company, adds: “Hartman [has also] emphasized Canada’s interest in critical minerals.”

It quotes the Ambassador saying: “One of the areas that we’re really quite keen to pursue with the government of the Philippines, the people of the Philippines, is the area of critical minerals…. The Philippines is the fifth most mineralized country on Earth. The crass reality is we cannot have a clean energy, a green energy transition without critical minerals.”

The Ambassador further explains in the Rappler article: “The candid reality is that the global community needs the Philippines. What Canada wants to be able to do is to be able to help the Philippines extract its mineral wealth responsibly, ethically, and in an environmentally sustainable and sound manner. Canada has a tremendous track record of being able to do that for ourselves back home.”

Increasing military exports to the Philippines

Canada has approved the export of just over $13.5 million in “military goods” to the Philippines over the past 10+ years: $385,000.00 (2022); $399.95 (2021); $18,100.00 (2020); $458.00 (2019); $175,497.00 (2018); $3,219.78 (2017); $6,050,640.67 (2016); $192,490 (2015); $2,190,000 (2014); $1,226,392 (2013); $3,268,594 (2012).

Several years ago, the National Post reported: “The Ottawa-based CCC [Canadian Commercial Corporation], which helps Canadian exporters get contracts with foreign governments, came under fire in February 2018 after the media learned the corporation had brokered a $234-million deal to sell 16 Bell 412 helicopters to the military of the Philippines.”

Alex Neve, then the secretary general of Amnesty International Canada, commented: “When the Canadian Commercial Corporation is involved in arms deals there often seems to be a lack of rigour when it comes to human rights concerns.”

The Philippines later cancelled the planned purchase, but the Canadian government may be hoping that with the Defence Cooperation MOU in place and thoughts of interoperability that arms exports could increase.

Marcos to visit Canada this year

It is also being reported that the Canadian government is hoping to host a visit by President Ferdinand Marcos Jr. in late-2024.

We continue to follow this.

Further reading: Philippines delegation invited to CANSEC even after President threatens to throw people out of helicopter (May 28, 2023)

UN Special Rapporteur on Environmental Defenders “deeply troubled” at the use of civil injunctions to ban protest

Photo: Michel Forst on a PBI-Canada webinar about COP28 and environmental defenders, December 7, 2023.

Michel Forst, the United Nations Special Rapporteur on Environmental Defenders, has just released this two-page report on “the increasingly severe crackdowns on environmental defenders in the United Kingdom” under the Police, Crime, Sentencing and Courts Act 2022 following his visit there earlier this month.

His report received coverage today in The Guardian “UN expert condemns UK crackdown on environmental protest” and CNN “United Nations report heavily critical of UK’s ‘increasingly severe crackdowns’ on environmental protesters”.

Forst notes: “Protests, which aim to express dissent and to draw attention to a particular issue, are by their nature disruptive. The fact that they cause disruption or involve civil disobedience do not mean they are not peaceful. As the UN Human Rights Committee has made clear, States have a duty to facilitate the right to protest, and private entities and broader society may be expected to accept some level of disruption as a result of the exercise of this right.”

He later highlights: “I am deeply troubled at the use of civil injunctions to ban protest in certain areas, including on public roadways.”

The use of injunctions against Indigenous land defenders in Canada

In October 2019, the Toronto-based Yellowhead Institute released a 68-page “Red Paper” report titled Land Back.

The Canadian Press reported: “A study of over 100 injunctions published by the Yellowhead Institute, a First Nations-led think tank based at [Toronto Metropolitan University], found 76 per cent of injunctions filed by corporations against First Nations were granted, compared with 19 per cent of injunctions filed by First Nations against corporations.”

That article adds: “Irina Ceric [now an Assistant Professor in the Faculty of Law at the University of Windsor] who worked on the study, said the use of injunctions to dispel protests has been on the rise in Canada.”

It also notes: “Shiri Pasternak [a Toronto-based researcher, writer, and organizer] said legislators appear to be responding to recent events with more extreme measures rather than reconsidering how injunctions are used. She pointed to a law introduced in Alberta this week that would heavily fine people who block roads and rail lines and said the recent proliferation of injunctions speaks to their function as a last resort for companies when negotiations with Indigenous leaders break down.”

The Critical Infrastructure Defence Act was passed in Alberta in June 2020. The Keeping Ontario Open for Business Act, that became law under Premier Doug Ford in April 2022, has raised similar concerns.

Recent conviction of three Indigenous land defenders

CBC recently reported: “A prominent Wet’suwet’en leader and two pipeline opponents were found guilty of criminal contempt of court for breaking an injunction against impeding work on the Coastal GasLink pipeline. B.C. Supreme Court Justice Michael Tammen read his decision to the court in Smithers on Friday [January 12].”

Photo: Land defenders Corey Jocko (Mohawk), Shaylynn Sampson (Gitxsan) and Sleydo’ Molly Wickham (Wet’suwet’en). Photo for The Tyee by Amanda Follett Hosgood.

The CGL pipeline was built on Wet’suwet’en territory without the consent of the Wet’suwet’en Hereditary Chiefs and despite the repeated requests of the United Nations Committee on the Elimination of Racial Discrimination to halt construction.

The CBC article adds: “Sleydo’, Sampson, and Jocko have filed abuse of process applications with the court on these charges, alleging the RCMP used excessive force when they were arrested and that they were treated unfairly while in custody.”

Deeply concerning testimony emerged last week from this hearing as we have summarized in our article: Twelve concerning things we learned about the RCMP C-IRG during the first week of the abuse of process hearing (January 20, 2024).

Federal legislation in Canada?

The Guardian has reported that it “has found striking similarities in the way governments from Canada and the US to Guatemala and Chile, from India and Tanzania to the UK, Europe and Australia, are cracking down on activists trying to protect the planet.”

The Police, Crime, Sentencing and Courts Act 2022 was passed by the British Parliament on April 26, 2022, under the government of then-Prime Minister Boris Johnson.

With a federal election expected in Canada this year (or at the latest that must be held by October 20, 2025), we will monitor for proposed legislation in this country.

In 2021, the Conservative Party platform (page 33) stated: “Last year’s rail blockades [in solidarity with Wet’suwet’en land defenders] demonstrated the importance – and vulnerability – of the infrastructure that ties our country together. Canada’s Conservatives will amend s. 431.2 of the Criminal Code to create an offence of interference with an infrastructure facility or a public transportation system punishable by either summary conviction or indictment, depending upon the severity of the offence.”

We continue to follow this.

New threats against PBI-Colombia accompanied CAJAR lawyer Yessika Hoyos Morales

The PBI-Colombia Project has tweeted:

“New threat against Yessica Hoyos, president of the @Ccajar, for her representation of victims of the massacre perpetrated by the Police. The increase in threats and defamations against the Collective in recent months is worrying.”

The José Alvear Restrepo Lawyers’ Collective (CAJAR) has issued this statement denouncing “that the current president of the organization, Yessika Hoyos Morales, received today [January 22] a new threat against her life, which would be related to the case of Jenner Alfonso Mora, one of the young victims of the Mondoñedo massacre. committed by members of the National Police (DIJIN) in 1996.”

Their statement continues: “Although the lawyer no longer represents the victims before the JEP, today at 2:46 pm she received the following text message on her cell phone: “We see what continues to help that HP guerrilla in Girardot de Alfonso and this is it.” The second is that they tell her not to stick her nose in where they don’t call her because something about his son could happen to her.” The threatening content was sent from the number 3108044667.”

The CAJAR statement also notes: “It is important to remember that the Inter-American Court of Human Rights (IACtHR) is advancing a case against the Colombian State for illegal intelligence, threats, attacks and other acts of continuous persecution against members of the CAJAR. More than 30 testimonies have been submitted to the international process by members of CAJAR and their families, including that of human rights defender Yessika Hoyos, about different aggressions and human rights violations experienced in the exercise of their legal and legitimate work. Because of this persecution, the IACHR maintains precautionary measures in favor of all the members of CAJAR.”

And in their list of demand CAJAR asks “the international community for its international solidarity in rejecting these attacks faced by the victims who demand justice and the human rights defenders who represent them. This, so that these attacks and #ParaQueNoSeRepitan [Not To Be Repeated].”

The full statement can be read at Nuevas amenazas contra la abogada Yessika Hoyos Morales, presidenta del Cajar, por el caso de Jenner Alfonso Mora, víctima de la masacre de Mondoñedo (January 23, 2024).

The Peace Brigades International-Colombia Project has accompanied the José Alvear Restrepo Lawyers’ Collective (CAJAR) since 1995.

Photo: CAJAR lawyer Yessika Hoyos Morales in Ottawa, Canada.