The Irfaan Ali government has officially responded to the Inter-American Commission on Human Rights’ (IACHR) recommendations on the violation of the rights of Isseneru Village and its residents.
Minister of Parliamentary Affairs and Governance Gail Teixeira told Stabroek News yesterday that the government met the June 20 deadline for responding but declined to divulge any other information on the response. She added that the document will remain confidential until the IACHR decides to release it to the public.
Isseneru, an indigenous community consisting largely of people from the Akawaio nation, and the Amerindian Peoples Association (APA) approached the IACHR on September 5, 2013, arguing that the government had violated the rights of the community and its members to property, equality before the law, justice and a fair trial, to the protection of mothers and children, to the preservation of health and wellbeing, and to enjoy the benefits of culture. All of these rights were protected by several Articles of the American Declaration on the Rights and Duties of Man.
The appeal to the IACHR partly stemmed from two High Court rulings against the village’s objections to mining projects. Back in 2013, Justice Diana Insanally made orders granted to miner Joan Chang against the Isseneru Village Council and the Guyana Geology and Mines Commission (GGMC) binding. Members of the Village Council had claimed that the mining company was mining on titled lands without the council’s permission under the Amerindian Act and despite subsequent Cease Work Orders (CWOs) issued by the GGMC mining officer. Justice Insanally pointed out in her ruling that by virtue of Chang being granted a licence to mine prior to the coming into operation of the Amerindian Act of 2006, the Village Council had no authority to stop the operation and the GGMC no authority to issue the CWOs.
On August 13, 2008, a similar judgment was made in the High Court in the case of Lalta Naraine v Isseneru. The case of Naraine has been appealed and is languishing at the Court of Appeal since 2008/2009 according to the villagers.
IACHR said that government is responsible for at least 16 violations of the rights of the Isseneru community and its members and recommended that reparations be granted to the village as well as that government employs the necessary measures to support Isseneru and its members in their duty to preserve and protect the environment, particularly in relation to the mining operations that the community undertakes on its ancestral lands.
Additionally, the IACHR advised government to “…amend its legislation in order to secure that the provisions of the relevant Acts and regulations related to indigenous territorial property are in harmony with the American Declaration, in accordance with international law …”
The IACHR report informed that the state failed to grant Isseneru title over its entire ancestral territory despite the community demonstrating that it is a primarily Akawaio village, that it is set within Akawaio territory and, among others, it needs the full extent of the territory to pursue livelihood and survival. Additionally, it further concluded that the community’s rights to health, water, food and a healthy environment were violated by the negative impacts of mining in the community particularly contamination of waterways.
Isseneru leaders have called for the government to visit the community so that a way forward can be determined as it relates to the recommendations. Additionally, they have noted increased activities by the Guyana Geology and Mines Commission (GGMC) since the IACHR’s recommendation.
