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CRY-GEAM calls on international community to be attentive to human rights violations with fracking in Colombia

CRY-GEAM photo.

On March 31, the National Hydrocarbons Agency (ANH) provisionally approved a proposal from ExxonMobil to develop its Platero fracking pilot project in the Magdalena Medio region. A licence is expected to be awarded to them on April 8.

The first licence for a fracking pilot project in Colombia was awarded by the National Hydrocarbons Agency to Ecopetrol on November 25, 2020 for its Kalé project near the community of Puerto Wilches, Santander.

CRY-GEAM calls on the international community to be attentive

The Barrancabermeja, Santander-based Yariguíes Regional Corporation – Social Research Group into Extractives and the Environment in the Magdalena Medio Region (CRY-GEAM) opposes these fracking projects.

On April 1 they tweeted: “The development of unconventional deposits and the start of fracking pilot projects in Magdalena Medio, deepen the environmental sacrifice and human rights violations in Magdalena Medio.”

Their fuller statement released on the same day states: “We hold the Colombian State, the ANH, Ecopetrol and the American oil company ExxonMobil, [responsible for the] threats, displacements, attacks, murders and acts of human rights violations that can occur in the Magdalena Medio region and in the department of Santander, Colombia, due to the start of the integral fracking research pilot projects…”

“It is public knowledge of the alleged relationships of armed actors and criminals with several companies that have contracts with oil companies that operate in Magdalena Medio and in Colombia, to remember that the murdered drug trafficker Ñeñe Hernández, owned several contractor companies at the service of oil companies in Magdalena Medio, as has been revealed journalist Julián Martínez and La Nueva Prensa.”

Their statement concludes: “We call on the international community to be attentive, accompany and report together with the environmental organizations, trade unions and defenders of human rights of the Magdalena Medio and Santander, the increase in the presence of armed groups, such as intimidating acts and attacks against the people and organizations that reveal the environmental sacrifice suffered by the region, at times where it is intended to impose the fracking by the government of Iván Duque.”

Threats against environmental defenders in the Magdalena Medio region

On March 24, the Regional Corporation for the Defence of Human Rights (CREDHOS), which also opposes fracking in the Magdalena Medio region, received a death threat both on their office landline and on their president’s personal cellphone.

Earlier in March, Alfredo Molano Jimeno wrote in El Espectador about the threats faced by opponents of fracking in the Magdalena Medio including Yuli Velasquez, Luis Alberto González and 20-year-old Yuvelis Natalia Morales, a member of the Committee for the Defence of Water, Life and Territory of Puerto Wilches (AguaWil).

Yuli, a defender of the San Silvestre wetland, had several shots fired at her on January 20 while at home by two men on a motorcycle. Yuvelis, an anti-fracking activist, had two men break into her home who told her to stop and that they could kill her any day.

And in November 2020, eighteen social leaders in Magdalena Medio were threatened with death through a pamphlet signed by the Black Eagles paramilitary. Six of those threatened are members of the Alliance for a Colombia Free of Fracking.

Upcoming PBI webinar

PBI-Canada remains attentive to this situation.

We note with additional concern that Toronto-based Sintana Energy could be partnering with ExxonMobil in the Platero fracking pilot project.

We will also be holding a webinar on Thursday April 29 at 3:30 pm ET (2:30 pm in Colombia) titled: Environmental defenders challenging extractivism in the Magdalena Medio. More details on this will be shared later this week.

COPINH marks the 8th anniversary of the blockade at the Oak against the Agua Zarca dam

“8 years after the taking of the Oak in defense of the Gualcarque River”

In Who Killed Berta Cáceres? Dams, Death Squads and an Indigenous Defender’s Battle for the Planet, Nina Lakhani writes:

“Dressed in her customary getup of slacks, plaid shirt and wide-rimmed sombrero, Berta Cáceres stood on top of a small grassy mound shaded by an ancient oak tree to address the crowd of men, women and children who’d walked miles from across Río Blanco [a collection of campesino communities] to discuss the dam.

A few days before Berta’s visit, community members had set up a human barricade blocking road access to the Gualcarque in a last-ditch effort to stop construction [of the Agua Zarca dam] going ahead.

Berta addressed the crowd that April day just a stone’s throw from the makeshift roadblock, which was manned in shifts by families utterly fed up with being treated like intruders on their own land.

“Are you sure you want to fight this project? Because it will be tough,” she told them from the grassy mound beneath the oak tree. “I will fight alongside you until the end, but are you, the community, prepared – for this is a struggle that will take years, not days?” A sea of hands rose into the air as the crowd voted to fight the dam.”

Intercontinental Cry tells more of the story:

“The proposal for a blockade came out of a community assembly, and from that moment the community was committed to stopping the people and machines of the Agua Zarca project from entering.

They built and maintained it with big sticks, masses of wire and a flux of bodies and spirits, at a site entry point called El Roble (the oak tree), where there stands a beautiful strong oak. Rosa was there from the first day of the blockade – from 5 a.m. on April 1, 2013.”

On July 15, 2013 – the 106th day of peaceful resistance – a Honduran soldier fatally shot COPINH activist Tomás García near the blockade. The construction site was then moved to the other side of the river to avoid the blockade.

The trial for one of the intellectual authors of the murder of Cáceres – killed on March 2, 2016 – begins tomorrow. More on that at Trial for the alleged intellectual co-author of the murder of Berta Cáceres begins on Tuesday April 6.

#JusticiaParaBerta

Maya Q’eqchi defender Bernardo Caal Xol in court today seeking an annulment of his wrongful imprisonment

“The hearing will be held in the Supreme Court of Justice for the appeal of annulment where magistrates of the criminal chamber will listen to the arguments about the falsity of crimes that the hydroelectrics on the Cahabon River fabricated for me.” – Bernardo Caal Xol

Maya Q’eqchi river defender Bernardo Caal Xol will be in court today at 1 pm Guatemala time (3 pm in Ottawa, 9 pm in Brussels).

Caal Xol is a leader of the Peaceful Resistance of Cahabón, a collective of 38 Maya Q’eqchi communities in Guatemala. The Resistance was formed to oppose the construction of the Oxec and Renace dams on the Cahabón River and its tributaries.

Key dates and context

In December 2015, Caal Xol filed an injunction with the Supreme Court of Justice to suspend the construction of the Oxec dam because the licence for it had been granted without prior consultation or free, prior and informed consent.

On May 26, 2017, the Constitutional Court ruled that Indigenous communities had not been consulted but authorized the company to continue operations for one more year.

Then on August 27, 2017, Indigenous communities held their own consultation and voted overwhelmingly against dams on the Cahabon River.

Arrest and wrongful imprisonment

The Guatemalan Human Rights Commission (GHRC) has highlighted: “A few months later, Bernardo was arrested [in December 2017], a clear act of retribution for the defense of his community’s water rights.”

In November 2018, Caal Xol was sentenced to seven years and four months in jail. Amnesty International has declared that Caal Xol is a prisoner of conscience who has been wrongfully imprisoned.

Today’s hearing

Marielos Monzón comments in La Prensa: “On Monday, April 5, there will be a public hearing before the CSJ Criminal Chamber for the case of Bernardo Caal Xol. There we will know if it ends its criminalization or we will confirm that, as almost always, the justice of Guatemala, like the snake, only stings the barefoot.”

And Kathy Price of Amnesty International Canada has tweeted: “Will the hearing that begins on April 5 deliver impartial justice? Many eyes are watching!”

As noted above, the transmission of the hearing will be live on Facebook and Twitter.

PBI-Guatemala began accompanying Bernardo Caal Xol and the Peaceful Resistance Cahabón in August 2017.

George Lakey, a PBI “unarmed bodyguard” for threatened lawyers in Sri Lanka

George Lakey is a well-known Quaker peace activist and writer. He was also a Peace Brigades International activist in Sri Lanka.

Lakey was among a team of PBI “unarmed bodyguards” that was sent to Sri Lanka in November 1989 in response to the Bar Association of Sri Lanka asking for help after a series of kidnapping and murders of civil rights lawyers.

Lakey has noted: “In 1989 – I joined the first Peace Brigades International, or PBI, team in Sri Lanka. Our job was to act as unarmed bodyguards for lawyers who were threatened with assassination because they were standing up for activists’ human rights.”

Lakey recounts: “Each of us followed the directions of whichever lawyer we were assigned to. In one case I was told to live with the lawyer’s family and answer the doorbell at night after curfew, on the chance it was the hit squad there to kill the lawyer.”

“We were unarmed bodyguards whose presence raised the threshold for attack. The fact that we were internationals gave some protection.”

While in Sri Lanka in August 1991, Lakey observed: “Each leader who stays alive and working is also valuable symbolically in the larger struggle between hope and despair. Keeping the hope alive is a condition of eventual peace.”

And he later commented: “I’m not a particularly brave person, and I doubt I would have gone to Sri Lanka if this kind of work had not already been tested in violent El Salvador and Guatemala, where Peace Brigades International (PBI) assisted local democracy advocates. There were some close calls, but no team members were killed.”

Following his time with PBI, Lakey co-founded Training for Change that supports groups taking direct action, builds strong teams and organizations, and works at the grassroots. Then in 2009 Lakey co-founded the Earth Quaker Action Team (EQAT) which is focused on building a just and sustainable economy through nonviolent direct action.

His most recent book How We Win: A Guide to Nonviolent Direct Action Campaigning was published in 2018.

The legacy of Martin Luther King, Jr. continues in PBI’s accompaniment of threatened social leaders

This Sunday April 4 marks the anniversary of the assassination of civil rights leader Martin Luther King, Jr. in 1968.

Earlier this week, King’s daughter Bernice tweeted this quote from her father: “True peace is not merely the absence of tension; it is the presence of justice.”

Notably, the founding statement for PBI, marking its 40th anniversary this year, includes the line: “We are building on a rich and extensive heritage of nonviolent action, which no longer can be ignored. This heritage tells us that peace is more than the absence of war.”

We also recall that on September 1, 1981, Charlie Walker read from King at PBI’s founding meeting on Algonquin territory, just south of Ottawa.

Throughout the 1960s, Walker helped recruit and train participants for nonviolent actions targeting racial injustice, including Freedom Rides, sit-ins, the 1964 Mississippi Freedom Summer Project, and the 1963 March on Washington. During the Montgomery bus boycott (from 1955-56), he met and corresponded with King.

Subsequent letters from King note: “Mr. Walker has been close to developments in the struggle for racial justice ever since I first met him in Montgomery, in early 1956” and describe him as a man of “skill and understanding.”

King was arrested 29 times challenging, as he described in May 1967, “the triple evils of racism, economic exploitation, and militarism.”

And less than six months before he was killed, King was in Toronto speaking of his vision of the American civil rights movement as part of an international struggle.

That legacy lives on in PBI’s commitment to international solidarity and the physical accompaniment of social leaders at risk of being killed for their activism in countries including Colombia, Guatemala, Honduras and Mexico.

In Colombia alone, 177 human rights defenders were killed in 2020, more than half the global total of defenders killed last year.

Trial for the alleged intellectual co-author of the murder of Berta Cáceres begins on Tuesday April 6

COPINH photo: “5 years fighting hand in hand for justice for Berta.”

The Peace Brigades International-Honduras Project has posted: “Five years after his murder, the oral and public trial will finally begin against David Castillo, one of the alleged intellectual responsible for the murder of Berta Caceres.”

It further notes that the trial begins on Tuesday April 6 at 10 am at the Supreme Court of Justice in Tegucigalpa.

At the time of Berta’s murder on March 2, 2016, Castillo was the CEO of DESA, the company seeking to build the Agua Zarca hydroelectric dam on the Gualcarque River on Indigenous Lenca territory in Honduras.

Castillo is alleged to have coordinated with, and provided funds to, the men who were the material authors of the murder of Berta.

COPINH general coordinator Bertha Zúñiga Cáceres says: “After five years of being in this battle comes a defining moment in the process of seeking truth and justice.”

She adds: “In the political context of impunity in our country, and persecution of territorial leadership, this process will be a challenge where we know that from the background of the justice system, we need wisdom and the accompaniment of human rights organizations and people who have been part of this struggle.”

PBI-Honduras highlights: “Follow the live transmission of the hearings on the social networks of COPINH.” The Facebook page for COPINH is here.

PBI-Honduras has accompanied COPINH since May 2016.

Fairy Creek blockades expected to continue following court injunction in favour of logging company on Vancouver Island

On April 1, British Columbia Supreme Court Justice Frits Verhoeven granted logging company Teal-Jones an injunction that prohibits roadblocks at various entry points to the Fairy Creek old-growth rainforest on southern Vancouver Island.

CBC reports: “[Forest defenders] have erected eight blockades at various sites since August 2020 to stop the company from building a road into the watershed – the location of numerous old-growth yellow cedars – and to prohibit logging in the area.”

The blockades are located approximately 110 kilometres north-west of the province’s capital city of Victoria.

The National Observer reports: “In its application, Teal-Jones asked the court to prohibit the blockades until at least Sept. 4 and grant RCMP the right to remove protesters violating the order.” That request for police enforcement was granted by Judge Verhoeven.

Torrance Coste of the Wilderness Committee says: “If the legal system was based on justice, there wouldn’t be an injunction and the blockades wouldn’t be there in the first place.”

Sierra Club BC campaigner Jens Wieting comments: “The confrontation between logging company Teal-Jones and forest defenders in court is the result of the ongoing failure of the provincial government to follow through on their promise and deliver solutions to protect globally rare and endangered old-growth forest like the spectacularly intact Fairy Creek rainforest in Pacheedaht territory.”

And blockade supporter Will O’Connell says: “If anyone thinks this movement will be quelled by force, they have another thing coming.”

The Times Colonist also reports: “[Bobby Arbess of the Rainforest Flying Squad] said he expects to see up to 150 people at the blockade after Easter weekend.”

Significantly, Ha-Shilth-Sa has reported: “Pacheedaht First Nation has not officially commented on the dispute.”

That article adds: “But Roxy Jones said she decided she could no longer stay silent. The Pacheedaht councillor and health care director chose to exercise her right to speak independently as a Pacheedaht citizen. [And] Bill Jones, a Pacheedaht elder, has been an outspoken ally of the blockades from the start.”

Jones says: “Join us here in our struggle to save what is left of old growth.”

For updates, see the Fairy Creek Blockade on Facebook and Twitter.

Zapotec communities continue to oppose new permit for the Canadian San José mine in Oaxaca

Photo by Santiago Navarro F.

There is ongoing community opposition to the Canadian mining company Fortuna Silver and its subsidiary Compañía Minera Cuzcatlán in Oaxaca, Mexico.

Last July, La Jornada reported: “The company has requested, for the second time, a new operating permit for the ‘San José II’ project, which is being analyzed by the Ministry of the Environment and Natural Resources (SEMARNAT).”

El Universal adds: “[A letter from municipal authorities in Magdalena Ocotlán] asked the SEMARNAT under no circumstances to authorize the expansion of the San José II mining project, with which the Cuzcatlán miner intended to expand to more than 7,000 hectares of the Ocotlán Valley and encompass ejidal [communal agricultural] lands.”

IPS has reported that the current mine covers an area of 700 hectares.

The No-Mining Front for a Future of All has called on SEMARNAT to “not authorize the Regional MIA ‘San José II’, since the mining project has violated our collective rights, enshrined in the constitution, various international treaties and conventions ratified by Mexico.”

Pagina 3 has explained that the No-Mining Front “is made up of the Zapotec communities of Magdalena Ocotlán, Monte del Toro, La Noria de Ortiz, San Nicolas Yaxe, San Martin de los Cansecos, San Matías Chilazoa, Santa Catarina Minas, Los Ocotes and El Vergel, as well as the Coalition of United Peoples of the Ocotlán Valley (COPUVO).”

The “MIA” noted above refers to a Manifestacion de Impacto Ambiental, basically an environmental impact assessment.

On this PBI-Canada organized webinar on March 11, Educa Oaxaca noted that a decision on the permit was expected by the end of March.

It appears that SEMARNAT has now extended that deadline.

On April 2, Sin Embargo reported: “SEMARNAT reported this week that the dialogue between federal authorities and the Front began since 14 December 2020 on the orders of President Andrés Manuel López Obrador. Last Saturday they committed to water quality studies to detect potential damage from the waste spill on the El Coyote River in 2018, ‘which was not served by past administration authorities.’”

The story of that spill on October 8, 2018 is extensively documented here. A second instance of water contamination on July 13, 2020 is also explained in this media conference. Cuzcatlán has responded: “We reiterate our commitment to the environment and communities and reject smear campaigns.”

The Sin Embargo article published this morning further highlights: “The No-Mining Front requests a visit from Secretary María Luisa Albores to personally see the environmental and social damage caused to them by extractive activity and understand why they demand that the mine be cancelled.”

Beyond the concerns about water, there is the issue of consent. As PBI-Mexico has highlighted: “Mexican and international organizations report that the company obtained a permit for extraction from local authorities, without informing the community, violating their rights to consultation and to free, prior and informed consent.”

We also recall that in September 2018, El Universal quoted Educa Oaxaca, Consorcio Oaxaca and others who stated: “It should be noted that in the ‘San José’ project operated by Fortuna Silver Mines, four murders derived directly from the mining conflict between 2010 and 2012 have been documented, in addition to eight people injured by firearms in the same period. Currently, four defenders have precautionary measures issued by the DDHPO [Ombudsperson for Human Rights of the People of Oaxaca].”

PBI-Canada continues to follow this situation closely.

PBI-Canada submission to Canada-Colombia free trade agreement annual report

Peace Brigades International submission to the: Annual Report Pursuant to the Agreement Concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia

April 1, 2021

 CCoFTA and improved market access for products

While the Global Affairs annual report excludes investment issues, the reduction in tariffs has noticeably increased the trade in goods between Canada and Colombia.

Global Affairs Canada has highlighted: “Implementation of the CCoFTA removed key bilateral trade barriers and improved market access for both Canadian and Colombian products.”

In 2010, Canadian merchandise exports to Colombia totalled $644 million and imports from Colombia totalled $717 million (approximately $1.36 billion). By 2019, two-way merchandise trade totalled $1.8 billion (an increase of approximately $440 million).

Last year’s Annual Report also noted: “Bilateral merchandise trade has increased by approximately 30 percent overall since 2010, the year prior to the entry into force of the CCOFTA”

 Buenaventura port accounts for 60% of Colombian imports/exports by sea

About 1.12 million TEUs (cargo-carry export containers) moved through the port of Vancouver, British Columbia in 2019 and the port in Buenaventura, Colombia accounts for about 60 per cent of all Colombian imports and exports by sea.

It is fair to assert that given the increase in trade resulting from the Canada-Colombia Free Trade Agreement and the crucial role of the port in Buenaventura in imports/exports by sea that Canadian merchandise trade is transported through Buenaventura.

The impact of the port on human rights

PBI-Colombia has noted that the Association for Research and Social Action (NOMADESC) has pursued research to show how the port and infrastructure development are linked to human rights violations and the infringement of constitutional and ethno-territorial rights.

And the report Buenaventura: Dispossesion for Competitiveness, produced by the Inter-Church Commission on Justice and Peace and Mundubat in May 2015, has documented the impacts of the port on the community.

Key excerpts from that report note:

“In a study conducted by the National Business Association (ANDI) it is stated that Buenaventura is wanted as a trophy for drug traffickers: the more containers pass through the Port, the more opportunities there will be for the circulation of cocaine.”

“According to figures from the Colombian government, in the last four years, Buenaventura has been the municipality with the highest number of forced displacements in the country [with 23,609 displaced persons in 2011 increasing to 33,058 displaced persons in 2013]. Most of these surviving victims of violence are women who, according to the Constitutional Court have specific risks of gender due to displacement, not shared by men.”

“By virtue of [Article 7 of Convention 169 of the International Labor Organization], the Afro-descendant characteristic of the Buenaventura population legally grants the communities special conditions of prior consultation… The development of the Buenaventura macro projects has not been consulted with the Afro-descendant communities. This has led Black communities to pronounce negatively regarding the development of the projects and numerous complaints have been filed for the eviction of the families that lived in the construction areas of the projects.”

“The magnitude of the international trade agreements that frame the claim to expand the Colombian market abroad, the dimension of the projects and of the groups of companies that participate in them against the extreme vulnerability of the affected population makes us face extremely unequal social actors and makes participation essential of the State as guarantor of the rights of the population at risk.”

“This worsening of the living conditions of the population of Buenaventura, despite becoming a development pole during the last decade, leads to question the Colombian State’s compliance with its duty to promote the human rights of the population of Buenaventura.”

Furthermore, PBI-Colombia highlighted this past February: “Social organizations including the ‘Nydia Erika Bautista’ Foundation for Human Rights (FNEB) accompanied by PBI, are fighting against the port expansion [in Buenaventura], reporting that it would destroy areas where they report common and watery graves.” 

The port and the 2017 civic strike

We also recall that there was a 22-day strike in Buenaventura in 2017 that protested investment in the port rather than the spending needed to build a local hospital and provide access to potable water. The Colombian government responded with the ESMAD riot police.

Requests

We note that the Canadian Embassy in Colombia visited Buenaventura in September 2019 and tweeted: “We had the privilege of being able to hear the testimonies of #LíderesSociales from #Buenaventura to get to know first-hand your worries and challenges. We will continue to monitor the situation and thank @PBIColombia for facilitating the visit.”

The next Annual Report Pursuant to the Agreement Concerning Annual Reports on Human Rights and Free Trade between Canada and the Republic of Colombia will cover the period January 1, 2020 to December 31, 2020.

We ask that:

1- the Annual Report specify the total amount of Canadian imports/exports that were transported through the port in Buenaventura in 2020.

2- the Annual Report document the number of people killed in and displaced from Buenaventura in 2020.

3- the Annual Report acknowledge the gendered impact of displacement in Buenaventura in 2020.

4- the Annual Report acknowledge the impacts of the port on the majority Afro-descendant/Black population of Buenaventura.

5- the Annual Report affirm the importance of the continued participation of the Canadian Embassy in verification missions to Buenaventura.

 

PBI-Colombia accompanied CREDHOS calls for security guarantees for environmental and water defenders in the Magdalena Medio region

Image: CREDHOS president Ivan Madero speaking on Enlace Televisión.

On March 30, PBI-Colombia tweeted this quote from a TV interview done by CREDHOS president Ivan Madero: “The water and environmental leaderships in the territories are in serious danger, suffer threats and attacks.”

This refers to the situation in the Magdalena Medio, an area spread over seven departments, notably Santander, Antioquia, and Cesar, that also includes the municipalities of Barrancabermeja, Puerto Wilches and San Martin.

Enlace Televisión has also reported: “The Regional Corporation for the Defense of Human Rights – CREDHOS – spoke out against threats against social leaders and called on the authorities to provide security guarantees for them.”

The 90-second clip of Madero speaking can be seen here.

In that interview he further notes that they registered threats against environmental defenders at the end of last year and the beginning of this year.

On March 24, CREDHOS received a death threat both on their office landline and on Madero’s personal cellphone.

Earlier this month, Alfredo Molano Jimeno wrote in El Espectador about the threats faced by opponents of fracking in the Magdalena Medio including Yuli Velasquez, Luis Alberto González and 20-year-old Yuvelis Natalia Morales, a member of the Committee for the Defence of Water, Life and Territory of Puerto Wilches (AguaWil).

Yuli, a defender of the San Silvestre wetland, had several shots fired at her on January 20 while at home by two men on a motorcycle. Yuvelis, an anti-fracking activist, had two men break into her home who told her to stop and that they could kill her any day.

And in November 2020, eighteen social leaders in Magdalena Medio were threatened with death through a pamphlet signed by the Black Eagles paramilitary. Six of those threatened are members of the Alliance for a Colombia Free of Fracking.

PBI-Canada expresses concern about this situation and further notes that environmental defenders have raised issues with the Calgary-based Parex Resources Aguas Blancas oil field in Simacota, Santander, which is in the Magdalena Medio region.

We also note with concern that Toronto-based Sintana Energy could be partnering with ExxonMobil in its Platero fracking pilot project proposal near Puerto Wilches, Santander (again in the Magdalena Medio region).

And given Yuli is with the Federation of Artisanal Fishers and Environmentalists of Santander and a defender of the San Silvestre wetland, we further note that El Espectador and Mongabay have reported on concerns about the impact of the Sogamoso dam on San Silvestre and the nearby Llanito wetland. Toronto-based Brookfield Assets Management owns a majority share in the Colombian company Isagen which operates the dam.

We hope to be able to soon formally announce a bilingual webinar on the issues noted above to be held on Thursday April 29 in collaboration the Canadian accountability project Above Ground. Stay tuned for details on that coming soon.