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- Social organizations debate in Lima on the need of a legal framework for victims of human rights violations to sue mining companies in their home countries.
By Jonathan Hurtado
Servindi, April 24, 2014.- A report presented this week in Lima by a group of NGO identified a number of behavioral patterns of the Canadian State that reveal its controversial role in cases of violations of human rights.
The report "El impacto de la minería canadiense en América Latina y la responsabilidad de Canadá", documented cases of Canadian government support to extractive projects even after officials became aware of the environmental impacts and violations of human rights involved.
The presentation of the executive summary of the report was organized at the Universidad Antonio Ruiz de Montoya (UARM), with the participation of the National Human Rights Coordinator (CNDDHH), Due Process of Law Foundation (DPLF), Red Muqui, Aprodeh and Instituto de Defensa Legal (IDL).
The research aims to open a debate in Canada and Latin America about the available instances to remedy and prevention of human rights violations, especially when the countries where extractive projects are undertaken do not provide effective judicial guarantees.
Transnational mining companies benefit from the Canadian legal framework that preserves them from being denounced and punished. On the contrary, a set of political and diplomatic actions to favor the companies is put in place, the report showed.
To Daniel Cerqueira, a lawyer from Due Process of Law Foundation (DPLF), one of the authors of the report that was previously submitted to the Inter-American Commission on Human Rights (IACHR), "in generally, the effects on human rights and the environment caused by extractive projects have been approached from the point of view of host countries."
"It is increasingly notable the absence of legislation in Canada to enable communities to raise at least a civil action against mining companies on Canadian justice. Equally worrying is the conduct of the Embassy officials, who pressure the Government to support Canadian mining projects."
In the case of Peru, the report reviews what happened in May 2013 when the Prime Minister of Canada visited President Ollanta Humala in Peru to announce his government's support for “efforts to improve the environmental impact assessment of mining and energy project”s.
But days after this visit, the Peruvian Government issued two executive decrees that further eased the legal obligations for the permitting of extractive industries projects, especially mining.
Cerqueira said that Canadian officials are familiar with the cases of human rights abuses and, despite this, "continue to provide political, legal and financial support to companies that commit or tolerate these violations."
"The shield for Canadian mining companies not only goes to ignore the complaints received at the consulates, it even reaches the bilateral free trade agreements signed with Latin American countries, which are extremely suitable for them."
To access a PDF version of the report:
- "El impacto de la minería canadiense en América Latina y la responsabilidad de Canadá" en: https://ia902509.us.archive.org/34/items/ElImpactoDeLaMineraCanadienseEnAmricaLatinaYLaResponsabilidadDe/D48953_DPLF_Spanish_LOWRES.pdf
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Translated from Spanish to IWGIA and Servindi by Luis Manuel Claps.
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