undermining the land, pbi

8/3/2019 Undermining the Land, PBI

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Undermining the Land | PBI Mxico 1

Undermining the Landthe defense of community rightsand the environment in Mexico

Mexico Project Newsletter 2011, Number 2

PEACES BRIGADESINTERNACIONALMEXICO PROJECT


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Undermining the Land | PBI Mxico2

Introdction

Mining legislation in Mexico

b Agstn Bravo Gaxiola

Rri Hernnde:

The are bing gold with blood

San Jos del Progreso

Rptred social abric, attacs against

hman rights deenders, and a mine in

operation

Bardomiano Morales:

The people can deend their right to the

land and the can sa no

The strggle against the mining indstr

The Commnit Police in Gerrero

Wirita: where the Sn rises

Interview with Tnar Chve

Adelo Regino Montes:

This is a democratic government and it

mst respect the will o the people

Between conict and negotiation

Carrialillo

Mining projects and collective rights

b Rosalinda Mrqe

Recommendations

Mineral resources are an important source o wealth in Mexico. The extraction othese resources is requently a source o conict amongst the aected communities,organizations that deend human rights, mining companies, and public authorities.

Due to the recent fnancial crisis and instability o international report currencies, thevalue o gold, and to a lesser extent other metals, has soared. As a result, previouslyunproftable mining activities, have become very lucrative. The Mexico Chamber oCommerce or Mining (Cmara Minera de Mxico, Camimex) states in its 2011 reportthat over the previous year, profts rose to 15,474 million US dollars, 51% more than in2009. Since then, Mexico is also the worlds top producer o silver.

These fgures are in contrast with the situation o campesino and indigenous commu-nities aected by mining exploitation and exploration activities. Extraction o mineralresources oten causes conict within these communities, and between organizations

deending human rights, the mining companies and the authorities.

The reorm to Article 27 o the Mexican Constitution, and the Regulatory Law or mi-ning in 1992, allowed the acquisition and use o land to private interests. Together withthe North American Free Trade Agreement, these legislative changes paved the wayor the transormation o the industry, allowing increased access to mineral rich land,use o the soil, use o water to process the minerals, as well as environmental pollu-tion and oreign investment.

Rural communities that live on territories with high mineral content say that they arenot adequately consulted about these projects and that they do not receive economiccompensation proportionate to the profts gained by the company, nor to the impactthat extraction has on their liestyle. I they oppose the mining projects, they oten aceviolence. One example is the case o Mariano Abarca Roblero, member o the Mexi-

can Network o People Aected by Mining (Red Mexicana Aectados por la Minera,REMA), killed in Chicomuselo, Chiapas in November 2009. As a result o this situation,there has been increased debate surrounding the mining industry and the resultingconicts and human rights violations.

Peace Brigades International (PBI) accompanies human rights deenders in the stateso Guerrero and Oaxaca, some o whom work in conictive contexts to demand agreater respect or the rights o communities aced with mining projects. During theIV Regional Forum in the Sierra Sur o Oaxaca, PBI heard the demands expressedby communities and civil society organizations. These organizations said that manyo their rights have been violated, including the right to consultation, to a clean envi-ronment, to ood, to maniest their own culture, and to the International Covenant onEconomic, Social, and Cultural Rights.

In this publication, PBI gives a voice to the human rights deenders who are aced withbig economic interests and who are fghting or their right to the land and to a clean en-vironment. Many o them have been the object o violence because o their work. PBIalso wants to provide visibility to the contradictions, the interests at play, and the hu-man rights violations that take place in the context o these mining projects. During thedevelopment o this publication, PBI spoke with experts and human rights deendersthat promote and protect the rights o communities aected by mining in the states oGuerrero, Oaxaca, San Luis Potos, Baja Caliornia and Durango. n

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DONORS 2011 PBI MEXICO PROJECT

Basilian Fathers Human Development Fund (Canada) n Biskaia Lawyers Bar (Spain) n British Embassy inMexico n Canadian Embassy in Mexico Canada Fund n Catalan Agency or Development and Cooperation(Spain) n Civil Service or Peace (Cooperation and Development Ministry o Germany) n Diakonia (Germany)n Foreign Aairs Ministry o France n French Development Agency (Agence Franaise de Dveloppement)

(France) n Fund or Nonviolence (United States) n Law Society (United Kingdom) n Misereor (Germany) nNon Violence XXI (France) n Overbrook Foundation (United States) n Primates World Relie Fund (Canada)n Santander Municipality (Spain) n Sigrid Rausing Trust (United Kingdom) n Valladolid Municipality ( Spainn Valladolid Provincial Council (Spain) n Zivik (Germany)PBI Country Groups: Germany, United Kingdom,Belgium, Switzerland, Italy

View o the Mine in Cerro San Pedro,

San Ls Potos FAO

EditorialContents


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The right to temporary occupancy, ease-ment, or expropriation o the land. Thisdoes not require authorization rom thelandowner.

The right to use water or exploration ormineral extraction.

The right to transer the concession.

5. Mining concessions may be grantedor up to fty years, and they may be re-newed or the same number o years. Inorder to receive the concession, the titleholder must pay the ederal governmentor the right to this concession. The mi-ning industry cannot be taxed by states ormunicipalities.4.

LEGAL ISSuES AND FuNDAMENTAL RIGHTS

Legal provisions that grant preerentialuse o land or mining activities violateboth the Mexican Constitution and inter-national treaties on human rights ratifedby Mexico. Consequently, these laws,concessions, and mining rights that havebeen granted can be challenged in court.

Article 27 o the Mexican Constitutionstates that all minerals in the Mexicanterritory belong to the public domain. Ac-cording to the ederal Mining Law,1 priva-te parties must obtain a concession rom

the ederal government in order to gainaccess to these resources. The ollowingare some o the most important aspectso this law:

1. Land use by the mining industry, inclu-ding exploration, extraction and proces-sing [o minerals], is given priority overany other use o the land.2

2. Minerals are ederal property, not pri-vate property; the extraction o mineralsis granted through ederal concessions.The General Ofce o Mines, part o the

Ministry o Economy, is the competentauthority in this matter. The concessionmay be granted to any Mexican physicalperson or legal entity (legal entities maybe 100% oreign owned).3. The concession may be granted on anypiece o land without providing the ownerwith prior legal notice or a prior hearing.

4.The main rights granted by the conces-sion are:

The right to extract and use mineral re-

sources. In Mexico, there are no miningroyalties (an amount paid or the extrac-tion o non-renewable resources).3

Mining legislation in Mexicoby Agustn Bravo Gaxiola (CEMDA), Baja California

The mining concession grants rights tothe owner o the concession that contrastwith the rights o the landowner or theperson who has possession o the land.The latter is not given the right to a hea-

ring, in other words, the landowner doesnot have the right to deend himsel beo-re a judge. These provisions are uncons-titutional.

Even ater a mining concession has beengranted, it may not be executed until SE-MARNAT authorizes an environmentalimpact study and an ofcial change in theway the land may be used.5n

CONTEXT

1. For more inormation about minerals and exceptions see Article 27, paragraph our o the Constitution,(in Spanish) and ca-talogue o article 4 o the Mining Law. The list o exceptions reers to deposits that have a nature similar to that o the land, orexample, sand, rock, limestone, or other bedrock material used or construction.2. Article 6 o the Mining Law.3.Mining royalties are dollar amounts that mining companies pay the states as compensation or the depletion o natural

resources extracted or the production o minerals / metals. Usually this money is allocated or the creation or promotion oalternative economic activities to replace the mine when it closes. Wiki Minera, Latin American Mining Organization.4. Articles 6 and 15 o the Mining Law.5. Article 28 III o the General Law o Ecological Equilibrium and Environmental Protection [Ley General del Equilibrio Eco-lgico y la Proteccin al Ambiente ] and Article 117 o the General Law o Sustainable Forest Development [Ley General deDesarrollo Forestal Sustentable].

Paredones Amarillos mining project, Baja Caliornia Niparaj, A.C.

Agustn Bravo Gaxiola is a lawyer whospecializes in environmental protection,and he is the regional coordinator o theNorthwest Oce o the Mexican Cen-ter or Environmental Law, A.C. (CentroMexicano de Derecho Ambiental, CEM-DA). CEMDA provides legal counsel tothe environmental sector in La Paz andLos Cabos, Baja Caliornia Sur, wherethey are working together to annul theillegal permits issued by the Ministry othe Environment and Natural Resour-ces (Secretara de Medio Ambiente yRecursos Naturales, SEMARNAT) or

the mining project known as ParedonesAmarillos, or Concordia. These permits

would allow Concordia to do open pitgold mining in the Sierra de La Lagu-na Biosphere Reserve, a region wherecontaminating the Biosphere Reserve isprohibited by law.
http://www.ordenjuridico.gob.mx/Constitucion/cn16.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/151.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/148.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/148.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/259.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/259.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/259.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/259.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/148.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/148.pdfhttp://www.diputados.gob.mx/LeyesBiblio/pdf/151.pdfhttp://www.ordenjuridico.gob.mx/Constitucion/cn16.pdf


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Rurik Hernndez (FAO), San Luis Potos:

They are buying gold with blood

member o the Mountain Project (Pro-yecto Cerro), a cultural organization thatis also a member o the FAO, points outthat there was no consultation, they justinormed the population that this projectwould take place; they invited the popula-tion to work in the mine, and they told thepeople that they had to leave their homes

because they were going todestroy the village. The wholecommunity objected and saidno to the mine.

According to the FAO, althoughthe company has bought agood image in the media, inreality, the picture it leaves isincreasingly bleak: two land-mark hills have been com-pletely destroyed and manyspecies o plants and animalshave disappeared. The mining

industry tells us that they re-cycle and reuse almost all thewater and that they have watertreatment and desalinationplants. Their main argument,which is alse, is to tell us thatthey use almost the same dailyamount o water used by theagricultural sector. But we do

not eat gold and silver coins. Agriculturedoes put water to good user, Rurik says.Hundreds o acres are covered by aciddrainage,6 and a large amount o land hasbeen poisoned with cyanide. The inhabi-

tants o the area ace increased risks odisease, and due to the huge amounts owater used by the mine, water scarcity isincreasing.

The Broad Opposition Front (Fren-te Amplio Opositor, FAO) is a groupo grassroots organizations and en-vironmentalists who denounce thatSan Xavier, a company that is partsubsidiary o the Canadian transna-tional corporation New Gold Inc., iscarrying out illegal mining activities.San Xavier operates in Cerro San Pe-dro, San Luis Potos. Many memberso FAO have suered rom attacksand threats as a result o their peti-tionsto close the mine.

Cerro San Pedro is a small municipalitylocated a short distance rom the city oSan Luis Potos. It is in a nature reservethat in 1993 was designated or the pro-tection o wildlie, and it is part o the re-charge area o the aquier that suppliesSan Luis Potos. The population has his-torically been involved in the extraction o

minerals in the area, especially gold andsilver.

In 1995, the San Xavier mining companypresented a mineral extraction project to

the community. San Xavier already hadthe corresponding mining concessionsand thereore, the approval o the Mexi-can ederal government. Rurik Hernndez,

The FAO reports that the dispossessiono land in the area is another serious pro-blem. The collective owners o the land(ejidatarios) o Cerro San Pedros commu-nal lands (ejido)7 do not agree with theoperation o the mine, however the com-pany, through government agencies, hasbeen able to work in the ejido lands even

though the ejidatarios never rented or soldthis land. Through the Ministry o Eco-nomy, the company obtained a permit ortemporary occupation, which means thatthe land still belongs to the ejidatarios, butthe right to occupy and use the land isgranted to the mining company. In otherwords, the ejidatarios are the owners othe land, but they are not allowed to usetheir land; while the mining company mayuse the land by paying an annual ee incourt or its use.

VIOLENCE AGAINST MEMBERS OF THE

FAO AND NONCOMPLIANCE WITH LEGALJuDGMENTS IN THEIR FAVOR

Rurik warns that the division and conron-tation caused by the mine has allowedthe company to successully draw atten-tion away rom the impact o the mine,since people are now ocused on theirown internal conicts. The social abrichas been severely broken. From the be-ginning they bribed people with money,threatened and pressured the opposition,and sought political avors to block theactivists. According to Rurik, the attacksand violence aimed at the opposition havebeen constant. There has been physicalaggression, assaults with frearms, withmachetes. All FAO members have recei-ved death threats rom the amilies o lo-

ATTACKS ON HUMAN RIGHTS DEFENDERS

Satellite view o Cerro San Pedro, San Lis Potos FAO

Panoramic view o Cerro San Pedro, San Lis Potos Antonio Tro


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the spark that lights the fre or the de-ense against the mining industry in thecountry. [...] In the end [...] we are fghtingagainst the Mexican State, who grants

permits and who has spent decades chan-ging mining laws so that companies canoperate reely, so that the minerals andwater are given to these companies, andso that land can be privatized, thus elimi-nating the ejido lands and the communi-ties, and so that companies can have legalcertainty that nothing will happen to themno matter what they do. We must buildsomething at the national level so as toban the mega mining industry as it is, andabsolutely prohibit the use o toxic chemi-cals and the excessive use o water.

INTERNATIONAL RESPONSIBILITy

Rurik Hernandez states that most miningcompanies operating in Mexico havetransnational capital, and he thereore con-

cal political bosses, and rom the leadero the miners union who works with thecompany. Criminal complaints have beenfled; there is evidence o gunshots on ourhomes and trucks; we have recordings,medical reports, but none o the allega-tions have been investigated.8

The legitimacy o the FAOs complaintshas been reinorced by several judgmentsrom the highest ederal courts that sta-te that the mine cannot operate becauseit violates Mexican environmental law.9

However, the company continues its work

and won an appeal in court. The companywas able to ensure that the entity res-ponsible or executing the sentence, theFederal Attorney Generals Ofce or En-vironmental Protection (Procuradura Fe-deral de Proteccin al Ambiente, PROFE-PA), does not visit the mine or inspect theacilities, as ordered in the sentence. ThePROFEPA claims it cannot carry out an ins-pection because it would be in contempto this court order, and this could createlegal liability or public ofcials. However,they are also deying an order rom a hig-her court, the Federal Court o Fiscal and

Administrative Justice, which ruled thatthe mine does not have permission, thatit is illegal, that it cannot operate, and thatthe authorities must close it down.

A COMMuNITy ORGANIzATION

THAT DEMANDS RESPECT FOR

THE POPuLATIONS RIGHTS

The FAO provides training andeducation or communitiesaected by mining projects inBaja Caliornia Sur, Veracruz,Oaxaca, Guerrero, Chiapas, Mo-

relos, Chihuahua, Michoacn,and Hidalgo. It also actively par-ticipates in the Wirikuta Deen-se Front, and provides accom-paniment to other communitiessuch as the Families o the vic-tims o Pasta de Conchos minein Coahuila.

The Cerro San Pedro has beenone o the frst communitygroups to oppose a mine inMexico. We have been hit hard politi-cally, legally, in the media, and physically

because o this struggle and because wetook a mining company to court and won.I we are able to mobilize and close theSan Xavier mine, we will set a precedent[...] on a national level, and this could be

siders that the international communitysresponsibility is undeniable. I gold pricesgo up in the international stock exchanges,more mining companies come to Mexico

and destroy us. Everyone buys gold nowto secure their savings these days, or orornaments, or as a git. The internationalcommunity must understand what extrac-tion means; it should know that what isbeing purchased destroys places wherepeople live and the lives o others. Theyare buying gold with blood.n

6. Acid mine drainage is caused by the reaction o superfcial water and groundwater with sulfde minerals in mining waste. Rainwater dissolves and ushes chemical compounds in mine waste that contain high levels o acid and metals. This causes heavypollution o superfcial and groundwater. For more inormation, see Drenaje cido de Mina [Acid Mine Drainage] ECOAMERI-CA.CL, ECOAMERICA.CL, May 2007.7. The ejido is a geographic and political entity holding ownership in a tract o land similar to a rural commune or village. Priorto 1993, ejidos were owned by the Mexican government or by the collective group who lived on the land and usually armed it.

The ejido had a well-defned government consisting o a board o directors and a communal ofce (comisariado ejidal). [] TheMexican government began in 1993 to privatize ejido land by allowing the ejido groups to divide the land among members andlater to issue titles to individual land parcels to ejido members, enabling individuals to sell or convey ownership in their parcels.Foreign Property Ejidos in Mexico, Program Operations Manual System, U.S. Social Security.8. Amnesty International (AI): Urgent Action (UA) 41/066/2009 (December 22, 2009), AMR 41/033/2008 and AMR41/052/2007 (August 22, 2007)9. Minera San Xavier Pierde Juicio, Committee or Human Rights in Latin A merica, May 2009.

Signs against mining operations PBI Mexico


We are not willing to let them destroy the planet welive on. We inherited this land rom our grandparents

who cared or the land, and we cannot destroy it be-cause we must pass it on to our grandchildren
http://www.ecoamerica.cl/pdf_notas/67/eco67_18-21.pdfhttps://secure.ssa.gov/apps10/poms.nsf/lnx/0501140100DALhttp://www.amnesty.org/en/library/asset/AMR41/066/2009/en/7f3dfa1e-5428-421d-8bcf-5284a407ab4e/amr410662009en.pdfhttp://www.amnesty.org/en/library/asset/AMR41/066/2009/en/7f3dfa1e-5428-421d-8bcf-5284a407ab4e/amr410662009en.pdfhttp://www.amnesty.org/en/library/asset/AMR41/033/2008/en/0237845e-5c73-11dd-9cb0-a35a3c6f2100/amr410332008spa.pdfhttp://www.amnesty.org/en/library/asset/AMR41/052/2007/en/c5839130-d36e-11dd-a329-2f46302a8cc6/amr410522007en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/052/2007/en/c5839130-d36e-11dd-a329-2f46302a8cc6/amr410522007en.htmlhttp://cdhal.org/es/blog/minera-san-xavier-pierde-juicio-informa-abogado-hector-barrihttp://cdhal.org/es/blog/minera-san-xavier-pierde-juicio-informa-abogado-hector-barrihttp://www.amnesty.org/en/library/asset/AMR41/052/2007/en/c5839130-d36e-11dd-a329-2f46302a8cc6/amr410522007en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/052/2007/en/c5839130-d36e-11dd-a329-2f46302a8cc6/amr410522007en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/033/2008/en/0237845e-5c73-11dd-9cb0-a35a3c6f2100/amr410332008spa.pdfhttp://www.amnesty.org/en/library/asset/AMR41/066/2009/en/7f3dfa1e-5428-421d-8bcf-5284a407ab4e/amr410662009en.pdfhttps://secure.ssa.gov/apps10/poms.nsf/lnx/0501140100DALhttp://www.ecoamerica.cl/pdf_notas/67/eco67_18-21.pdf


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San Jos del Progreso

Ruptured social fabric, attacks against humanrights defenders, and a mine in operation

tn was placed in pre-charge preventivedetention.12 He was accused o the mur-der o these two men, and later releasedon June 30 due to the lack o evidenceagainst him.13

More than one year later, the people res-ponsible or the violence and other humanrights violations against Father Martn andother inhabitants o San Jos del Progre-so have not been prosecuted due to thegeneralized impunity in the region. FatherMartn cannot return to the area because

it is not sae. The community suers roma deep internal division, their right to con-sultation and consent continue to be vio-lated, and the mining company continuesits work. n

San Jos del Progreso is a communityin the Central Valley o Oaxaca that hasmaintained strong ties to the extractiono gold and silver or centuries. However,it was not until the arrival o Fortuna Sil-ver in 2006 that mining began to causeproblems in the community. Fortuna Sil-ver is a Canadian company that operatesthrough the Mexican subsidiary Cuzcat-ln. Mexican and international organiza-tions report that the company obtaineda permit or extraction rom local autho-rities, without inorming the community,

violating their rights to consultation and toree, prior and inormed consent.10

Since then, the sector o the communitythat is against the mine has been subjec-ted to constant attacks, including threats,arbitrary arrests, and campaigns againsthuman rights deenders. Father MartnOctavio Garca is one victim o these ag-gressions.11 Ater providing inormationto the public about the consequences othe mining project, he was the victim oa smear campaign in the media and hewas kidnapped and beaten in June 2010.

This took place on the same day that themunicipal president (mayor) and the coun-cilman or health o San Jos del Progre-so were killed during conrontations nearthe town. Shortly thereater, Father Mar-

HuMAN RIGHTS DEFENDERS AT RISk

In its Report on the situation o human

rights deenders in the Americas, the

IACHR recognizes that certain groups

are at greater risk, including trade

union leaders, [] campesino and

community leaders who stage or orga-

nize public demonstrations, indigenous

leaders who deend the rights o their

peoples, and judicial ofcers [].14

Also, the Ofce o the UNHCHR,highlights the lack o recognition or

deenders o environmental, social and

cultural rights in Mexico due to the

ragility with which the Mexican legal

ramework recognizes [these rights]

and because some authorities reuse to

see them as human rights.15


Father Martn rom Barca-DH, dring an interview with PBI PBI Mexico

10. They Have Destroyed the Lie o this Place: Megaproyectos, Human Rights Violations, and Environmental Damage inMexico, Walter Leitner o International Human Rights Clinic (WLIHRC) & Miguel Agustn Pro Jurez Human Rights Center(PRODH), 2011, p. 34.11. Father Martn is a member o the Advisory Council o the Bartolom Carrasco Briseo Human Rights Center(Barca-DH),and has received PBI accompaniment since October 2010.12. AI: UA Detainees at risk o torture and unair trial AMR 41/046/ 2010, June 25, 2010.13. AI: UA Mexican priest released on bail, July 21, 2010.14. Report on the Situation o Human Rights Deenders in the Americas, Inter-American Commission on Human Rights (IA-CHR), Organization o American States, OEA/Ser.L/V/II.124 Doc. 5 rev.1, paragraph 208, March 7, 2006.15.Deender los derechos humanos: entre el compromiso y el riesgo [Deending human rights: caught between commitmentand risk], Report on the situation o human rights deenders in Mexico, Ofce o the United Nations High Commissioner orHuman Rights in Mexico (UNHCHR), paragraph 60, Mexico, 2009.
http://www.barcadh.org/http://www.barcadh.org/http://www.amnesty.org/en/library/asset/AMR41/046/2010/en/811d5f4d-a6bd-4b81-8987-4f392f75512a/amr410462010en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/055/2010/en/5d62899a-eba6-4695-8285-0f3793612230/amr410552010en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/055/2010/en/5d62899a-eba6-4695-8285-0f3793612230/amr410552010en.htmlhttp://www.cidh.org/countryrep/defenders/defenderstoc.htmhttp://www.hchr.org.mx/files/doctos/Libros/informepdf.pdfhttp://www.hchr.org.mx/files/doctos/Libros/informepdf.pdfhttp://www.hchr.org.mx/files/doctos/Libros/informepdf.pdfhttp://www.cidh.org/countryrep/defenders/defenderstoc.htmhttp://www.amnesty.org/en/library/asset/AMR41/055/2010/en/5d62899a-eba6-4695-8285-0f3793612230/amr410552010en.htmlhttp://www.amnesty.org/en/library/asset/AMR41/046/2010/en/811d5f4d-a6bd-4b81-8987-4f392f75512a/amr410462010en.htmlhttp://www.barcadh.org/


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Bardomiano Morales, a lawyer withBarca-DH and expert on the rights oindigenous peoples, states that San-ta Maria Zaniza has 16,000 hectares oland, and they are going to expropriate11,000 hectares. They are leaving thecommunity with 5,000 acres. The te-rritory o the community is practicallygoing to disappear. According to Bar-domiano, the concession o Zaniza andTextitln would become one o the lar-gest projects in Latin America.

The work o Barca-DH seeks to streng-

then communities and their institu-tions: We provide inormation aboutthe pros and cons o these projects.[...] We talk to them about the promisesthat companies oten make, as well asthe impact on the environment and theirhealth, so that the community realizeswhat is involved. Bardomiano makes itclear that were doing preventive work

In the Sierra Sur region o Oaxaca, theGrupo Acerero del Norte company, by

way o its subsidiary Altos Hornos de

Mexico S.A., owns concessions to ex-tract iron deposits in several areas, in-cluding Santa Maria Zaniza,16 conside-red one o the largest deposits in LatinAmerica.17 The Regional Human RightsCenter Bartolom Carrasco Briseo(Barca-DH), an organization that recei-ves PBI accompaniment, provides legaladvice and training to the aected po-pulation.

There have been reports o possibleconcessions or the Tehuantepec MiningProject in the Sierra Sur o Oaxaca since

1998 to extract iron in several munici-palities. The largest area to be mined islocated in Santa Maria Zaniza, where ex-ploratory work took place in 1998-1999. Atthat time, the community assembly wasagainst the mining project ater observingthe damage to the environment and healthcaused by the project (such as pollution owater streams and respiratory diseases),18 and the terrible conditions or workerswho were hired rom the community. Thecompany threatened to call on the Mexi-can Army in order to orce the communi-ty to accept the mine. The assembly o

Santa Maria Zaniza recently reiterated itsopposition to this project and asked or su-pport rom human rights organizations.19

because once a conict is generated wi-thin the community, there is no solution.One example is what happened in SanJos del Progreso. It is impossible to re-turn to the way they were 10 or 20 yearsago.

Barca-DHs work includes workshopsabout the rights that are aected, inclu-ding the communitys rights as indige-nous people, and agricultural rights. Weexplain the rights and obligations that theyhave as communal land owners, and theduties o the [community authorities in-

cluding] the Commissioner o CommunalProperty and the Community Assembly.We tell them about the rights they haveas indigenous people according to statelaw, the Constitution, and internationaltreaties and conventions. We want themto know that the people can deend theirland rights and can say no. n

16. Santa Maria Zaniza is an indigenous Zapotec municipality that belongs to the Sierra Sur region o Oaxaca. According topublic data issued by the government o the state in 2009, 95% o the population lives on agriculture, livestock, and orestry.17. Minera, comunidades y medio ambiente, Investigaciones sobre el impacto de la inversin canadiense en Mxico , [Mining,communities, and the environment, Investigation on the impact o Canadian investments in Mexico], FUNDAR, Center orAnalysis and Investigation, Mexico, July 2002.18. In order to extract iron, the soil must frst be fnely ground, a magnet is then passed over the ground to attract the iron. Theremaining dust usually has a high content o minerals and heavy metals and is easily swept away by the wind, which can causehealth risks. Extract rom an interview published in La resistencia contra la minera (I), [Resistance against mining], August 3,2011.19. The Tehuantepec Mining Project aects the municipalities o Santo Domingo Teojomulco, San Lorenzo Texmelucan, Santia-go Textitlan, Santa Cruz and Santa Maria Zaniza Zenzontepec. This document was prepared in the context o a visit to Mexico byRodrigo Escobar Gil, Rapporteur or the Inter-American Commission on Human Rights , Red TdT, September 2011.20. The IACHR ound that, despite the dierences established by most legal systems, indigenous peoples and rural commu-nities are acing similar problems: access to land and territory; natural resources and participation in development projects;orced labor, debt bondage and slavery; and access to justice. [] Indigenous people and peasant communities continue tosuer discrimination while government institutions have provided no eective response or the exercise o their human rights,and in particular their economic, social and cultural rights, Access to justice and social inclusion: the road to strengtheningdemocracy in Bolivia. OAS Doc / Ser. L / V / II, Doc 34, June 28, 2007.

PBI provides accompaniment to sta rom Barca-DH dring the IV Regional Form

o the Sierra Sr in zenontepec, Oaxaca PBI Mexico

IN DEFENSE OF LAND AND TERRITORY

Bardomiano Morales (BARCA-DH), Oaxaca

The people can defend their right to the landand they can say no

Bardomiano Morales,

attorne or Barca-DH PBI Mexico
http://www.fundar.org.mx/mexico/pdf/mineria.pdfhttp://www.conflictosmineros.net/contenidos/23-mexico/8057-la-resistencia-contra-la-mineria-ihttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.cidh.org/pdf%20files/bolivia.07.eng.pdfhttp://www.cidh.org/pdf%20files/bolivia.07.eng.pdfhttp://www.cidh.org/pdf%20files/bolivia.07.eng.pdfhttp://www.cidh.org/pdf%20files/bolivia.07.eng.pdfhttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.redtdt.org.mx/media/descargables/Documento_Escobar_RedTDT_2011_vfinal.pdfhttp://www.conflictosmineros.net/contenidos/23-mexico/8057-la-resistencia-contra-la-mineria-ihttp://www.fundar.org.mx/mexico/pdf/mineria.pdf


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The struggle against the mining industryThe Community Police in Guerrero

this will aect the people as a whole, in-cluding their territory, resources, culture,identity, and history, in this way damaging,or example, sacred sites. They will doharm to us and our children. We thereoreinvite all the villages o these territories tokeep the companies out. Gold, silver, andzinc belong to the people, and we havethe right to make decisions about them.

Which commnities have mostl been

aected b this sitation?

The Montaa Alta is the area with the lar-gest number o concessions. Maybe the

companies will provide compensation orpolluting the water, but all the water thengoes to the coast. Thereore, they will notonly aect the inhabitants o the Monta-a Alta but also the municipalities o Mar-quelia, San Luis Acatln, and other citiesin the Costa Chica region. All o the riverbasins will be aected. That is why peopleare organizing throughout the region. Wesee it as deense o the whole territory.I a single mine is installed, it will causeharm in the whole region.

Has there been an dialoge with the

mining companies?Several years ago permits were issued in

The state o Guerrero is one o therichest areas in the country in terms omineral resources, a richness that con-trasts with the poverty o the population.In 2010, Guerrero produced 11.5% o thegold and 7.8% o the zinc in the country.21 Repeatedly, the aected villages haveobjected to these projects ater their rightto a consultation was denied. The landow-ners do not receive economic beneftsproportional to the profts generated bythe mining company or to compensate orthe changes that take place on the minedland, land that is normally used or agri-

culture or orestry. Now, communitiesacross the state are organizing against thepresence o these companies in their te-rritories.

The Community Police is an organiza-tion o indigenous people (Tlapaneco,Mixteco, and Nahua people) and mesti-zos in the Costa Chica and Montaa re-gions o Guerrero, which encompasses atotal o 65 communities. The Communi-ty Police was created in 1995 to protectpublic saety, prosecute and administra-

te justice, and re-educate oenders. Itis part o the Regional Coordinator oCommunity Authorities (Coordi-nadora Regional de AutoridadesComunitarias, CRAC), the entityresponsible or implementing andadministering community justi-ce based on indigenous practicesand customs. In 2010 and 2011 theCRAC started to lead the move-ment to ght the entry o miningcompanies in the Costa Chica andMontaa.

PBI interviewed the 12 regional co-ordinators o the CRAC, its advisorValentin Hernandez Chapa, and thehead o the Community Radio, Lavoz de los Pueblos[Voice o thePeople].

Wh did the CRAC decide to start

woring on isses related to the

mining indstr?

We are interested in this issue be-cause the companies that come

to exploit [the land] come to undowhat we have on our land: the o-rest, wildlie, land, water, and air.They come to pollute the rivers and

secrecy. We were ormally notifed verylate in the process, in November 2010.People rom the company told us thatthey would do y-overs o some commu-nities that already had concessions. Thatis how we discovered that the ederal go-vernment had granted concessions. Westarted to disseminate inormation andwe created a commission o agriculturalauthorities rom the aected areas.

So ar, the companies have not spokento us. On one occasion, by chance, somecommunity members met with represen-

tatives rom the mining companies. Therepresentatives rom the company saidthat the people were being given inco-rrect inormation and that they wanted totalk about what they would be doing at acommunity assembly, but this never tookplace. They are not interested in our da-mages, only in their own benefts.

Who are the staeholders?

Private companies are given permission toenter a region with the support o the e-deral, state, and municipal governments.In the municipality o San Luis Acatln the-

re are 7 or 8 concessions.


Discssion grop dring the CRACs XVI anniversar PBI Mexico


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Municipal authorities say that it is a ede-ral issue and that they cannot interere. Inthe register o the Ministry o Energy, con-cessions appear to be under the name oa dummy. Municipal authorities deny anyknowledge o the matter. However, theirsilence indicates that they are complicit.

What can o tell s abot the cam-

paign A corazn abierto, defendamos

nuestra Madre Tierra en contra de la

minera [With an open heart, lets de-

end or Mother Earth against the mi-

ning indstr]The campaign was created during thesixth anniversary o Radio omndaa22 inDecember 2010 and it was launched onMarch 28, 2011.23 It is broadcast on theradio, in newsletters, newspapers andaudios. The CRAC coordinates this cam-paign with other community radio stationsthat the government also wants to shutdown. We work to disseminate inorma-tion: women, children, youth, senior citi-zens should know why they should not

FORuM IN DEFENSE OF THE LAND

On July 1 and 2, 2011, during the se-

venteenth anniversary o the Tla-

chinollan Human Rights Center, the

Forum in deense o the land took

place.24 Representatives o several vi-

llages opposed to mining and other

mega projects in Guerrero and Oaxa-

ca, including representatives rom the

Montaa and Costa Chica in Guerrero,

shared their stories. They explained

that in the Montaa Alta, the agrarian

communities o Colombia Guadalupe,Iliatenco, San Miguel del Progreso, and

Totomixttlahuaca ormed a new organi-

zation called the Coordination o Agri-

cultural Authorities. There is a similar

situation in the lower areas o the Mon-

taa region where communities have

voiced their opposition against 17 o

the 22 concessions in the area.

The orum concluded with the creation

o the Front o Community and Ejido

Lands Commissioners in Deense o

the Land which includes representati-

ves rom the aected territories.

21. Guerrero statistical perspective. September 2011. National Statistics and Geography Institute, Mexico, September 2011,

p.58.22.Radio omndaa (La Palabra del Agua - The Word o the Water) is a community radio station located in the state o Guerrero.It was created rom the community project o the nanncue omndaa people (also known as Amuzgo people) in the year 2004,in the municipality known as Suljaa (Xochistlahuaca).23. For more inormation on the work o CRAC and the campaign With an open heart, let us deend mother eath against themining industry, see (in Spanish)www.policiacomunitaria.org24. For more inormation on the conclusions rom the orum see (in Spanish)www.sipaz.fles.wordpress.com/2011/07/resolutivos-del-oro-20111.pd

No mining! otside the ofce o the CRAC in Gerrero PBI Mexico


allow the entry o the mining industry.Why children? Because the concessionsare or 50 years; they can be fled awayor a while and be reactivated again in 30years time. In 30 years we are not goingto be around. For this reason, we alsowant the inormation to be disseminatedoutside the country.

We are also working on a legal battle. Theagrarian communities, based on agrarianlaw, deend the rights o the landownersand community members to deny entry

by the companies. They want to initiatean international legal battle claiming non-compliance with the International LabourOrganizations Convention No. 169 andother conventions. There are severallegal instruments that avor the peoplebecause their right to consultation hasbeen violated, and all levels o the Mexi-can government are responsible or this,including the legislative, the executiveand the judicial branch. n
http://www.inegi.org.mx/est/contenidos/espanol/sistemas/perspectivas/perspectiva-gro.pdf?http://lapalabradelagua.org/http://lapalabradelagua.org/http://www.policiacomunitaria.org/http://www.policiacomunitaria.org/http://www.sipaz.files.wordpress.com/2011/07/resolutivos-del-foro-20111.pdfhttp://www.sipaz.files.wordpress.com/2011/07/resolutivos-del-foro-20111.pdfhttp://www.policiacomunitaria.org/http://lapalabradelagua.org/http://www.inegi.org.mx/est/contenidos/espanol/sistemas/perspectivas/perspectiva-gro.pdf?


10/16


Wirikuta: where the Sun risesInterview with Tunuary Chvez (AJAGI), JALISCO

Apoyo a Grupos Indgenas, AJAGI) is one

o the organizations that is ollowing thiscase and supporting the Huichol people.PBI interviewed Tunuary Chvez, coor-dinator o development, environmentalanalysis and orest management, or theWixrika people and other Mexican indi-genous communities supported by AJA-GI.

The Huichol people are the indigenouspeople that have preserved their traditionsand ancient ways o living in their purestorm. Their ways o sel-government arealive; they have traditional authorities

that are above public authorities, andthey have a strong relationship with the

Wirikuta is a sacred place or the indi-

genous Wixrika (also known as Huichol)people. Wirikuta is located in the munici-palities o Villa de Ramos, Charcas, SantoDomingo, Villa de la Paz, Villa de Guada-lupe, Matehuala and Real de Catorce, inthe state o San Luis Potos. It is also theplace where the Mexican governmenthas granted 22 mining concessions tothe Canadian company First Majestic Sil-ver Corp. and their Mexican counterparts,Minera Real Bonanza and Minera Real deCatorce, to explore and extract silver andother minerals.

The Jalisco Association in Support o Indi-genous Groups (Asociacin Jalisciense de

land, says Tunuary. AJAGI was createdin August 1990, entrusted by the Wixrikacommunities to legally recover and reha-bilitate the approximately 85,000 hectareso Huichol territory that had been invadedby mining companies. AJAGI started wor-king in two areas: legal deense to recoverthe lands, and sustainable development inorder to orge the environmental and eco-nomic recovery o the land. Ater 20 yearso work, AJAGI has recovered 65,000 othe 85,000 hectares.

Wirikuta was declared a Natural Protected

Area in 1994 by the Government o SanLuis Potos; in 2004, it was placed on atentative list or UNESCOs World Net-work o Natural Sacred Sites. In 2008 theMexican government signed the HauxaManak Pact with the Wixrika Union oCeremonial Centers in Jalisco, Durango,and Nayarit, and the traditional and agra-rian authorities o the Wixrika people, the-reby committing to respect, protect, dis-seminate and preserve their sacred sites.However, the mining concessions grantedby the ederal government overlap with animportant pilgrimage route that has been

used by many Wixarika communities romseveral states or over a thousand years.This route contains many sacred placeso great cultural and religious signifcancewhere the Huichol do ceremonies and co-llect peyote or ceremonial use.25

Wirikuta represents theindigenous peoples claimto their ancestral lands thatgoes beyond political cus-

toms o the Government.Their struggle could set aprecedent or all indigenouspeople in Mexico

In August 2010, the Santa Catalina com-munity confrmed that there were conces-sions already granted in Wirikuta and thatthey aced an imminent mining threat.AJAGI accompanied the frst on site ins-pection requested by the indigenous com-munity o Santa Catalina and perormedan analysis o the environmental and so-cial impact that would be caused by themining operations by First Majestic.According to inormation provided by the

INDIGENOUS PEOPLE

Panoramic view o the Sierra de Real de Catorce in San Lis Potos Mercedes Aqino

Ever since the creation o the Wixrika world, our heart,our lie, and our ancestors are in Wirikuta. We make a pil-grimage every year to honor and make oerings to ourancestors, so that lie will continue and so that the [fa-mes] o lie will be renewed, not only or our ancestors,but also or our people and the lives o all people on this

planet


11/16


dams. The tailings dams contain residueo toxic waste material that accumulatesover the years, and contain extremelydangerous heavy metals such as lead, an-timony, or arsenic. Tunuary says that theofcial norms and scientifc research indi-cate that healthy limit o antimony is 9parts per million beore it begins to causedamage to a living organism. In a sampleo sludge collected in the area o Real deCatorce and analyzed in a laboratory at theUniversity o Guadalajara, we ound 54

parts per million o antimony.

AJAGI also conducted a study using ascientifc sampling method to analyzethe level o contamination o the tailingsdams. We ound that in a place close toReal de Catorce there was widespreadcontamination o the entire ood chain, as

evidenced by the amount o antimony andarsenic in dierent parts o the ecosys-tem, such as in an eagle eather or in plantleaves. Heavy metal contamination is per-manent and it is virtually impossible to re-move once it has entered the ood chain;it is persistent and irreversible and this isproven in Wirikuta. n

company, the proposed mining project isa subterranean mine that will use otationto separate the minerals. However, AJAGIinvestigations show that this is not strictlytrue. It is not possible that they will onlydo underground mining, given the permitsthey have in Canada. First Majestic nego-tiated the extraction o 22 million ounceso silver in Wirikuta, however there areonly 16 million ounces o silver in the sub-soil: this means that the project would au-tomatically be canceled based on their Ca-

nadian permits and i they can only accessthe subsoil. Approximately 13 million oun-ces [o silver] are on the surace and ano-ther 4 million ounces are in the remainso the tailings dams26 rom an old mine.

AJAGI urther states that both subterra-nean mining and open pit mining have

major implications or the environment.Subterranean mining has a very serioushistory in the area. In the past, this me-thod diverted all the groundwater chan-nels in the region, and this caused thesprings and underground waters that eedthe wells to dry up these wells are usedby people living in the lower part o theSierra.

The otation method also has seriousenvironmental consequences due to theemission o dust and toxic waste. Tunuaryexplains that it is a method that frst in-

volves an initial extraction o all materialsrom the subsoil, and then the metalsare separated. Once the silver is remo-ved, everything else is let in the tailings

According to AJAGI, the sacred areaknown as Wirikuta aces the threat omining by the transnational companyFirst Majestic Silver in the Sierra de Ca-torce, the place known as the birthplaceo the sun. But there are other examplesthat are just as serious, such as the threatposed by the transnational company

West Timmins Mining and its Mexicancounterpart, Minera Golondrina. Herethey are planning to extract gold in thesacred region known as Kauyumaritsieor Bernalejo, the mainarea where peyo-te is collected and where the deer, theolder brother o the Wixrika people,rests. This is an attack that ultimatelydestroys the Wixrika peoples identityand their origin: the elders o this townsay that this could be the most prooundthreat they have aced in history.

25. Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionallyowned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold theirresponsibilities to uture generations in this regard. Article 25 o the United Nations Declaration on the Rights o IndigenousPeoples.26. Tailings dams are also known as mine dumps. These contain the materials that are let over ater separating the mineralsrom the rest o the soil.

Land deposits in El Potrero, Real de Catorce Mercedes Aqino

INDIGENOUS PEOPLE
http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/61/295http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/61/295http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/61/295http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/61/295http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/61/295


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Adelfo Regino Montes, Minister of Indigenous Affairs in Oaxaca:

This is a democratic government and it mustrespect the will of the people

the Declaration in its rulings. This is how iteventually becomes binding, when it is in-voked by various courts, at both a nationaland international level. Now, the challen-ge is how to make the implementation othe Declaration in the context o Oaxacaa reality.

What is or opinion regarding the S-

pport Fnd or unregistered Agrarian

Commnities (FANAR)?27 Civil societ

organiations believe it is a wa to di-

vide commnities.

We have made it clear that these pro-

grams tend to individualize the land andthis is contrary to the traditional orms oorganization o the indigenous peoples,which usually involves collective owners-hip o land.

What is the new state governments

polic in terms o investments?

I the investment is guaranteed with res-pect to international standards and stateand national regulations, there is a grea-ter chance o a positive outcome, not onlyor those who invest but also or indige-nous peoples. We must remember that

international standards require a air andequitable distribution o benefts. How is itpossible that indigenous people give theirwater, land, natural resources, risk their

Adelo Regino Montes, Minister o Indi-genous Aairs or the Government othe state o Oaxaca, has a long career asa promoter and deender o the rights oindigenous people. He has collaborated

with the Mixe People Service Organiza-tion, and in 1995 and 1996, he partici-pated in the Dialogues o San Andrs inChiapas. He has also participated in thedrating the United Nations Declarationon the Rights o Indigenous Peoples.

What is the sitation or indigenospeople in Oaxaca?

Oaxaca has the largest indigenous popula-tion in the country with 15 constitutionallyrecognized groups. O the 572 municipali-ties, 418 are governed by their own politi-cal system based on community assem-blies. Similarly, most o the land in thisstate is communal land. For thousandso years, indigenous peoples have takenadvantage o their land and natural resour-ces, and have also aced historical exclu-sion this is because the ounders o theMexican state aspired to create homoge-

neity.

How can the extraction o mineral re-

sorces aect indigenos commni-

ties?

Approving mining activities must bea decision o the people. To do this,we must ensure compliance withinternational standards: the rightto consultation and ree, prior, andinormed consent. The State, civilsociety organizations, and interna-tional agencies must ensure thatthese two standards are respected.

They must also make sure that theconsultation decisions are also res-pected. In this sense, the new Advi-sory Council o Indigenous Peoplesis an initial step to build a systemthat allows or the participation andconsultation o indigenous peoples.We have to work on a law regardingree, prior, and inormed consentor Oaxaca. We must work to makethese international agreements areality and not just discourse.

How will the Declaration on the

Rights o Indigenos Peoples beimplemented in Oaxaca?

The Inter-American Court o HumanRights is already invoking the articles o

human and cultural integrity, and yet theyare not the direct and primary benefcia-ries o the investment they have made?

What role might the mining bsiness

have in the tre in Oaxaca?

Whatever comes in the uture will dependon the demands and the response o in-digenous peoples.What a Governmentcannot do is come and divide people, asin other cases. This is a democratic go-vernment and it must respect the will othe people. This is our challenge; we havesaid that we are a democratic govern-

ment, and now we have to prove it.n

INDIGENOUS PEOPLE

Minister o Indigenos Aairs or Oaxaca, Adelo Regino Montes,

dring an interview Ministr o Indigenos Aairs

27. Agrarian National Register Program or the regulation o unregistered land. For more inormation, see (in Spanish)www.ran.gob.mx
http://www.ran.gob.mx/http://www.ran.gob.mx/


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28. For more inormation on the disproportionate distribution o benefts and the reaction o the local population in this case, seeGoldcorp y la reciprocidad negativa en el paisaje minero de Mezcala, Guerrero [GoldCorp and negative reciprocity in the mininglandscape o Mezcala, Guerrero state], No. 30 May. / Jun. 2009, Center or Research in Environmental Geography (CIGA),National Autonomous University o Mexico (UNAM).29. On January 25, 2007, state and preventive police rom Zumpango orceully evicted the community members and impriso-

ned 70 armers or almost our hours. A complaint was fled with the Commission or the Deense o Human Rights (CODDE-HUM)- fle number Coddehum/028/ 2007-1, which led to recommendation 21/2007.30.Tlachinollan s work ocuses on the indigenous municipalities in the Montaa and Costa Chica o Guerrero. It primarily worksto deend and promote the rights o the indigenous people. Website: www.tlachinollan.org31. For more inormation on the organizing process o the Carrizalillo community, see XIII REPORT, June 2006 - May 2007, Porlos Caminos de la Resistencia, Tlachinollan, Tlapa de Comonort, Guerrero (Mexico), June 2007, p. 17 to 36.32. Goldcorp Inc.: Annual Report 2010, Building our Future, p. 4.

Mining project los Filos-Bermejal in Mecala, Gerrero Tlachinollan

COMMUNITY ORGANIZING

The Assembly demanded air payment orthe use o the communal land as well asadequate wages and working conditionsor workers in the mine. The communityclaims that the authorities had not ade-quately consulted the community: Therewas a coalition between the dierent le-vels o the state. The ederal level grantedthe permit with the support o the stateGovernment. At the local level, a ormerleader o ours supported the company andallowed it to enter. [...] Without even reali-zing what happened, they already had a 50year agreement. Our hills, our lands were

sold. Even so, we wanted to demand airpayment or the rent o our ejido lands.

In this context, the inhabitants o Carri-zalillo decided to organize and demand amore equitable distribution o the proftsrom gold extraction.28 According to Va-leriano we orced the company to workdierently. The community organized aseries o protests against the company:We did a sit in, and in response the StateGovernment sent us the police. Severalo the community members were arres-ted and imprisoned.29

In 2007, the community began to nego-tiate new conditions or the use o theejido land. The community demanded anincrease in rent as well as improvementsin inrastructure: roads, transportation,health care, and working conditions. Thecommunity members knew they neededto orm alliances, since they knew theycould not fght or their rights by themsel-

In 2005, the North American companyGoldcorp and its Mexican subsidiaryLuisMin, obtained a concession to ex-tract gold rom an open pit mine in LosFilos, in the municipality o EduardoNeri, in the Mezcala region o Guerrero.The conficts quickly began. The com-pany began to operate in areas in whichit had no permission or temporary oc-cupation and the community claimedthat it had not been inormed or con-sulted properly. In 2007, the agriculturalcommunity o Carrizalillo created the

Permanent Assembly o Landownersand Workers o Carrizalillo (AsambleaPermanente de Ejidatarios y Trabaja-dores de Carrizalillo, APETC), rejectingthe mining o the land.

When the Permanent Assembly oLandowners and Workers o Carrizali-llo (APETC) was ormed, Goldcorp wasalready operating in the municipality.However, the community had not beeninormed about the scope o the miningproject or the consequences it could have

on the population. Valeriano Celso Solis,representative o APETC says: We didnot know about the damages this wouldcause. We made errors due to ignorance,because we did not study the acts, butwe decided to organize as a people. Wewanted to avoid the destruction o thehills, but the only thing let to do was torepair the damage.

The Carrizalillo community saw how theycould no longer cultivate the land. Beorethey lived o corn and mescal produc-tion, but not anymore because the com-

pany destroys the felds. In addition, thelabor rights o miners, many o whomreside in Carrizalillo, were not being res-pected.

ves. They thereore sought legal adviceand ways to provide more visibility to thecase. In this struggle we turned to theTlachinollan Human Rights Center,30 whosupported us nationally and internationa-lly.31

However, Carrizalillo was not the onlyaected community, the communitiesinvolved are also Mezcala and Xochipala,but we dont have a common organization[together]. Here in Carrizalillo, we askedor our rights or our communal land. A-terwards, other communities demanded

the same rights. We have never organi-zed the entire village. The corporationstake advantage o the difculties in orga-nizing. There was never a ormal agre-ement rom the entire population. Thereare people or and against the project. Thecompanies beneft rom the act that the-re is no one to advise us, said Valeriano.He adds: We eel a lot o pressure.

Mining companies in the Mezcala regioncontinue to receive permits or explo-ration and extraction. According to thecorporations 2010 report, the Los Filos

mine currently provides Goldcorp with thelargest gold production in Mexico.32 Brau-lio Sotelo Vargas, commissioner o thenearby community La Fundicin (Coculamunicipality), inormed PBI that the com-pany Teck Cominco and its subsidiary inMexico, Media Luna, are currently explo-ring this community, and the possibility ocarrying out mining activities here. n

Between confict and negotiationCarrizalillo (APECT), Guerrero
http://www.scielo.org.mx/scielo.php?pid=S1405-92742009000200007&script=sci_arttexthttp://www.tlachinollan.org/http://www.tlachinollan.org/http://www.tlachinollan.org/Archivos/13_INFORME.pdfhttp://www.tlachinollan.org/Archivos/13_INFORME.pdfhttp://www.tlachinollan.org/Archivos/13_INFORME.pdfhttp://www.tlachinollan.org/Archivos/13_INFORME.pdfhttp://www.tlachinollan.org/http://www.scielo.org.mx/scielo.php?pid=S1405-92742009000200007&script=sci_arttext


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33. The Inter-American Convention on Human Rights, the International Covenant on Economic, Social, and Cultural Rights , andConventions by the International Labour Organization.34. SNTMMSSRM: National Union o Mine, Metallurgical, Seel and Allied Workers o Mexico [ Sindicato Nacional de Trabajado-res Mineros, Metalrgicos, Siderrgicos y Similares de la Repblica Mexicana].

well as international treaties ratifed byMexico.33 The Government ails to moni-tor compliance with these standards.

Another example is the case o workersrom the Los Filos-El Bermejal project inMezcala, Guerrero, who are subjected topoor treatment by the supervisors o the

company. They decided to orm a coali-tion to improve their working conditions.The company accepted these conditionsater 500 workers went on strike. Theseworkers are now part o Section 269 othe Miners Union34 and their collectivecontract is one o the best in the miningindustry.

ProDESC has also seen howtransnational corporations en-courage division between theaected communities and theworkers. At the La Platosa mi-

ning project, which belongsto Excellon Resources Inc. inDurango, workers organized toorm a union and to claim theirrights, due to the deplorablehealth and saety conditionsin which they were orced towork. The company arguedthat the union was putting themining project at risk and threa-tened to leave the country.This created a state o conu-sion and ejido landowners andworkers were conronted. Cu-

Rosalinda Mrquez Garcais a member o the Projecton Economic, Social, andCultural Rights, A.C. (Pro-yecto de Derechos Econ-micos, Sociales y Cultura-les, ProDESC), a humanrights NGO that deendsand promotes social, eco-nomic, and cultural rightsthrough strategic litigation,legal analysis, strengthe-ning organizational proces-ses, research, and political

advocacy.

At ProDESC, we have identifed prac-tices by the mining companies and thegovernment that violate certain rights,starting with the procedure or grantingconcessions. The Mexican Governmentignores its obligation to inorm and con-sult with communities and landowners.This happened to a group o small landow-

ners in Cuetzalan del Progreso, Guerrero.The Canadian company Goldcorp came tothe land in 2007 without authorization andcarried out exploratory work they saidthey had a mining concession to carry outthis work. Ater two years o deendingtheir land and territory, the landowners inCuetzalan del Progreso obtained paymentor damages caused by the company andgot the company to leave the land.

In many cases, the land is either coope-ratively (ejido) or communally owned, andthe Ejido Assembly must authorize any

activity on the land, however this authori-zation is oten not properly obtained. Suchis the case o La Sierrita in Durango. In2004 the Canadian company Excellon Re-sourses Inc. was able to rent 4 hectareso land. Subsequently, the mining com-pany oered to buy 2,700 hectares,however they only paid or 1,100 hecta-res, and threatened to expropriate theland i they did not sell it. The communitydecided to organize and was able to get atemporary occupancy contract with social,economic, and environmental clauses.

The mining company is obliged to respectthe rights o their workers, but companiestend to violate both Federal Labor Lawand standards in saety and hygiene, as

rrently negotiations are taking place bet-ween the company and the union.

In our experience, we have ound that oneo the best ways to protect economic, so-cial, and cultural rights and to fght or alie with dignity, does not come rom theindividual, but instead through solidarity

and collective organizing. n

COMMUNITY ORGANIZING

Farmer rom Carrialillo protests against mining Tlachinollan

The Sierrita commnit protests or a more eqitable distribtion o resorces Prodesc

Mining projects and collective rightsby Rosalinda Mrquez (PRODESC), Mexico City
http://www.oas.org/juridico/english/sigs/b-32.htmlhttp://www.oas.org/juridico/english/sigs/b-32.htmlhttp://www2.ohchr.org/english/law/cescr.htmhttp://www.ilo.org/global/lang--en/index.htmhttp://www.ilo.org/global/lang--en/index.htmhttp://www.sindicatominero.org.mx/default.aspxhttp://www.sindicatominero.org.mx/default.aspxhttp://www.sindicatominero.org.mx/default.aspxhttp://www.sindicatominero.org.mx/default.aspxhttp://www.ilo.org/global/lang--en/index.htmhttp://www2.ohchr.org/english/law/cescr.htmhttp://www.oas.org/juridico/english/sigs/b-32.html


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This newsletter is a publication by PBIMexico. PBI Mexico is not responsible orthe statements and opinions o others inthis publication.

PBI Mexico, November 2011

Design and layout: Nando CornejoPhotographs: PBI; Frente AmplioOpositor (FAO), Proyecto de DerechosEconmicos, Sociales y Culturales, A.C.(ProDESC); Mercedes Aquino; Nipara-j, A.C.; Tlachinollan Human Rights

Center, Oaxacan Ministry o IndigenousAairs.

Backpage photo: Placards against SanXavier mining company, Cerro San Pedro(San Luis Potos) FAO

PBI INTERNATIONAL OFFICEDevelopment House56-64 Leonard St.London EC2A 4JX, UKTel.:+44 20 4065 0775

[email protected]

PBI MEXICO CITY OFFICECalle Medelln 33Colonia Roma06700 Mxico D.F.Tel.:+52 55 5514 [email protected]

PBI GUERRERO TEAMColonia Campestre Santa RosaCasa 7, 2 Andador

30074 [email protected]

PBI OAXACA TEAMCallejn del Carmen 103Fracc. La PazOaxaca de [email protected]

Recommendations

In the recent Constitutional Reorm on Human Rights, Mexico elevated undamentalrights ratifed in international treaties to a Constitutional level, including the right to ree,prior and inormed consent, specifed in the International Labour Organizations Con-vention 169,1 which was ratifed by Mexico in 1990. However, the current Mining Lawdoes not establish mechanisms or consulting aected communities, and this violatesinternational treaties.

Peace Brigades International highlights some o the recommendations made by inter-national bodies and mechanisms that support the claims made by indigenous and ruralorganizations opposed to mining projects:

The United Nations Human Rights Committee recommended in 2010 that Mexicoshould consider reviewing the relevant provisions o the Constitution reormedin 2001, in consultation with indigenous peoples. It should also take all necessary

steps to ensure the eective consultation o indigenous peoples or decision-ma-king in all areas that have an impact on their rights.2

In 2009, in the context o the United Nations Universal Periodic Review (UPR) orMexico, recommendations were made regarding the protection o indigenouspeople.3 Specifcally, to adopt appropriate legislation in ull conormity with in-ternational standards on the rights o indigenous peoples [...], and take necessarymeasures to ensure the right o indigenous peoples and other communities aec-ted by business or development projects to be adequately and airly consulted, inaccordance with the commitments undertaken by ratiying ILO Convention No. 169concerning Indigenous and Tribal Peoples.4

The Committee on Social, Economic, and Cultural Rights recommends that Mexicoensure the ull integration o economic, social and cultural rights in its social deve-

lopment and poverty reduction strategies, specifcally address the needs o disad-vantaged and marginalized individuals and groups, and allocate sufcient unds orthe implementation o these strategies. [And,] intensiy its eorts to address thewide disparities between rich and poor, North and South, and between rural andurban areas.5

The Report o the Special Rapporteur on the situation o human rights and unda-mental reedoms o indigenous peoples is a productpublished ater o the Missionto Mexico led by Rodolo Stavenhagen. This report highlighted, amongst other re-commendations regarding agricultural and environmental conicts, and states thatindigenous groups and communities should have priority access to natural resour-ces or the purpose o direct consumption and subsistence, ahead o any economicor commercial interests.6n

1. Right to consultation: Article 15(2) o the ILO Convention No. 169. According to the Convention, governments shall establishor maintain procedures through which they shall consult these peoples, with a view to ascertaining whether and to what degreetheir interests would be prejudiced, beore undertaking or permitting any programmes or the exploration or exploitation o suchresources pertaining to their lands.2. Concluding observations o the Human Rights Committee, Consideration o the reports presented by the States Parties byvirtue o Article 40 o the International Covenant on Civil and Political Rights, Mexico , CCPR/C/MEX/CO/5, United Nations,paragraph 22, April 7, 2010.3. Recommendations 75, 76, 77, and 78 o theUniversal Periodic Review (UPR) o Mexico beore the UN Human Rights Council(2009). These recommendations are ound among the recommendations accepted by the Mexican government.4. Recommendation 77, UPR o Mexico, recommendation made by Argentina, Bolivia, Denmark.5. Concluding observations o the Committee on Economic, Social, and Cultural Rights, Mexico , E/C.12/MEX/CO/4, paragraph42, June 9, 2006.6. Recommendations 73 to 80, E/CN.4/2004/80/Add.2, December 23, 2003.

making space or peace
http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169http://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.MEX.CO.5_E.PDFhttp://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.MEX.CO.5_E.PDFhttp://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CMXSession4.aspxhttp://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CMXSession4.aspxhttp://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/c51b8e7f740d2a42c12571e1004e03e5/$FILE/G0642555.pdfhttp://www.unhchr.ch/Huridocda/Huridoca.nsf/0/878efaa1b5462bc2c1256e630054777e/$FILE/G0317295.pdfhttp://www.unhchr.ch/Huridocda/Huridoca.nsf/0/878efaa1b5462bc2c1256e630054777e/$FILE/G0317295.pdfhttp://www.unhchr.ch/tbs/doc.nsf/898586b1dc7b4043c1256a450044f331/c51b8e7f740d2a42c12571e1004e03e5/$FILE/G0642555.pdfhttp://www.ohchr.org/EN/HRBodies/UPR%5CPAGES%5CMXSession4.aspxhttp://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.MEX.CO.5_E.PDFhttp://www2.ohchr.org/english/bodies/hrc/docs/CCPR.C.MEX.CO.5_E.PDFhttp://www.ilo.org/ilolex/cgi-lex/convde.pl?C169


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Peace Brigades International (PBI) is a nongovernmental organization

with 30 years of experience in international accompaniment and has been

present in Mexico since 1999. International accompaniment is a conict trans-

formation tool and PBIs goal is to protect the political space for people and

organizations that promote human rights in a non-violent manner and who

suffer repression for their legitimate work.

PBI only works at the request of local organizations and does not replaceefforts by Mexican human rights defenders to promote respect for human

rights. Rather, it merely seeks to support their initiatives by standing next to

them.

PBI regularly visits conict areas, distributes information, and dialogues with

civil and military authorities, as well as with human rights organizations and

other civil society actors in Mexico. To promote international attention to

the Mexican situation, and to help create the necessary conditions for human

rights defenders to continue with their work, PBI also maintains a dialogue

with the international community and international organizations such as the

United Nations, disseminates information, and generates support from abroad

in order to ensure the safety of Mexican defenders.

More information about PBIs work in Mexico can be found on our web site:

www.pbi-mexico.org

PEACE BRIGADES INTERNATIONAL

PROMOTING NON-VIOLENCE

AND PROTECTING HuMAN RIGHTS SINCE 1981

WWW.PEACEBRIGADES.ORG

undermining the land, pbi

Documents