Mining situation in Chinese Landing continues to deteriorate – Toshao

The invasion of the Region One indigenous community of Chinese Landing, by miners, continues to increase along with threats against the village leaders, according to toshao Orin Fernandes.

Fernandes told Stabroek News that ever since the recommendations of the United Nations Committee on the Elimination of Racial Discrimination (UN CERD) on rights violations at Chinese Landing became public, there have been more brazen acts of intimidation. Fernandes said that he is fearful to speak out since direct threats have been made to his life and the safety of his family.

“The [Police] Commander for Region One was in our village lately along with Minister [of Housing and Water Collin] Croal on an outreach. We explained to them some of the things that we are facing and so on,” he said.

Chinese Landing, a Carib indigenous community, complained to the UN CERD about a number of violations under the Amerindian Act of 2006. They had submitted that these violations are being perpetuated by both the government and miners who were granted permission to operate on titled, customary and sacred lands within their communities.

The community is contending that the government granted a medium-scale mining concession to W Vieira in its titled lands without consulting or seeking the consent of the community. Chinese Landing had informed UN CERD that there has been an increase in unwanted mining which poses a risk to its traditional way of life and its environment. It is further alleged that a High Court dismissal, without a hearing, of a claim filed by the Chinese Landing indigenous community against the Guyana Geology and Mines Commission and Mr W. Vieira concerning the mining concession has also resulted in an upsurge of a series of incidents of intimidation and assaults on residents of the community, by miners and members of the Guyanese Police Force.

The government has been continually accused of breaching the free, prior and informed consent (FPIC) standard when granting mining concessions in indigenous communities and on customary lands.

Fernandes, previously, told Stabroek News that they have been receiving more threats from both the Police and the miners.

“The situation is getting more and more out of hand. We have a lot of things happening and the residents here are not feeling safe at all. We are hoping that the government can do something and the meeting with the Minister was a good one but we have not seen anything happening to help with the situation,” Fernandes said yesterday.

He said that there are just over 450 miners operating in the community which has a population of just about 310.

Another leader of the village, who wished to remain anonymous, told Stabroek News that the village is plagued by miners carrying powerful weapons and when villagers attempt to record them, their devices are destroyed.

“They used to carry big power guns and so on before but now that people talking them man get more and them just frightening everybody. Them turning the back of the village in a whole cowboy town and doing what them want to do. We cannot go at the back there because if we go them does threaten you and beat you up and so. If they see you taking out pictures or videoing then it is worse for we.

“Now nobody don’t want to say anything because we get more miners than people that live in the village. The toshao look like he is the main target for them because he been talking to y’all [Stabroek News] so they doing everything to shut he up. Them man this boasting about the connections they have and who them does pay every time them wash down and so,” the leader said.

Stabroek News reported, on June 19, that along with increased threats, the community also saw more heavy machinery being wheeled in. This newspaper understands, that since that report, at least 15 additional pieces of heavy-duty machinery were brought in along with more miners.…rescind permits

UN CERD, in identifying areas for the government to take measures on, proposed consideration be given to suspending or revoking the mining concessions that affect the lands, territories or resources of the Chinese Landing and the Wapichan indigenous peoples until FPIC is granted by these indigenous peoples; refraining from approving projects and granting mining permits or concessions within the lands of indigenous peoples, whether titled or not; ensuring that Indigenous Peoples have access to effective and prompt judicial and other remedies to seek protection for their rights; prevent and investigate incidents of threats and violence against residents of the Chinese Landing indigenous community by miners and by members of the Guyanese Police Force; incorporating the principle of FPIC in domestic legislation, including by amending the Amerindian Act of 2006, with indigenous peoples’ participation, and to fully and adequately guarantee the right to consultation of indigenous peoples; and considering ratifying ILO Indigenous and Tribal Peoples Convention (No. 169).

Government has until July 15, 2022, to submit a response to UN CERD and according to Minister of Parliamentary Affairs and Governance Gail Teixeira, it is possible that an extension of the deadline would be sought.

In a video statement, APNU+AFC member Mervyn Williams said that the only resolution is for the government to cancel all the mining permits on Chinese Landing titled lands.

“The indigenous peoples of Chinese Landing have proceeded to the point where they have engaged the United Nations Committee on the Elimination of Racial Discrimination and instead of the administration treating with the matter, the administration wants more time from UN CERD to do what?

“The government should say to UN so we understand what is happening in Chinese Landing and we have seen the reports in the media. We have sent our people on the ground [and] have seen what is happening and we are going to fix it by the 31st of July. That is what the government needs to be saying to us or not give us more time to find out who sent the document to you [and] what they complained about. Fix the problem that is staring you in the face. The problems are invasion of the lands owned by the indigenous peoples of Chinese Landing by persons whose presence in the village they do not approve of,” Williams said.

Williams too has reported that there are heavily armed miners intimidating the residents there. He added that the government needs to take urgent and immediate steps to fix the problems. He also called on the international community to take note of the issues faced by the community.

“Chinese Landing today has a population of just under 300 persons and of that number 70 children are in school…People cannot beneficially utilize their land [they] cannot go and enjoy a game on the ball field because miners have taken over. Miners are allegedly telling the villagers where they can and cannot go on their own lands,” he added.

Williams called on Minister of Amerindian Affairs Pauline Sukhai to enact the provisions of the Amerindian Act and protect the village.

Sukhai could not be reached for a comment.

While Williams placed the blame for the Chinese Landing situation at the feet of the People’s Progressive Party government, he failed to address his party’s failure to respond to UN CERD’s letters to remedy the situation.

In a letter dated April 29, 2022, addressed to Chargé d’ Affaires of the Guyana mission at the United Nations Office in Geneva, Kerrlene Wills, Chair of UN CERD, Verene Shepherd, highlighted it had written to the government twice, on May 17 and December 14, 2018, but received no response.

On December 14, 2018, the Committee urged the government to consider revoking the draft Environmental and Social Impact Assessment for the Marudi mining projects; conduct an environmental and social impact assessment with the full participation of all indigenous peoples affected by the mining project on Marudi Mountain; and consider the suspension of the mining project on Marudi Mountain until free, prior and informed consent (FPIC) is granted by the Wapichan indigenous people following the full and adequate discharge of the duty to consult.

During that time, Williams’ party – APNU+AFC – was in government but did not respond or acknowledge the letters from UN CERD. Then Minister of Indigenous Peoples Affairs Valerie Garrido-Lowe told Stabroek News this week that she cannot ever recall seeing the letters from UN CERD.