Gov’t wants IACHR to withdraw precautionary measures granted to Chinese Landing – Teixeira

Gail Teixeira
Gail Teixeira

Minister of Parliamentary Affairs and Governance, Gail Teixeira yesterday said the government has written to the Inter-American Commission on Human Rights (IACHR) requesting a withdrawal of the precautionary measures granted in favour of the Amerindian community of Chinese Landing in Barima/Waini.

She said that the granting of the measures was based on misrepresentation.

 She gave this update at a press conference held at her ministry’s headquarters in New Garden Street, Queenstown, Georgetown.

 On July 21 last year, the IACHR issued Resolution 41/2023, through which it granted precautionary measures in favour of members of the Indigenous Carib community of Chinese Landing, who it said were “currently at serious, urgent risk of suffering irreparable harm to their human rights” as a result of mining and other activities.

 The Commission had asked the government to advise it within 20 days of the ruling as to the steps taken.

 A statement from the IACHR said that the petition it received, indicated that the members of Chinese Landing, in Region One, were facing threats, harassment and acts of violence for their opposition to mining activities on their lands.

 Village representatives alleged repetitive incidents of threats and harassment, which would occur “daily” or “regularly”; attempted rape of a minor, and threat with a knife against an elder person; as well as the extensive use of firearms, with firing incidents.

The IACHR noted that Chinese Landing residents had also received collective death threats, reportedly perpetrated by mine workers. For example, it said that the Toshao, who is the leader of the community, was allegedly warned that if the village wins its lands back, the miners would not leave easily and people would die.

The decision of the IACHR had come despite an attempt by the Guyana Government to counter the claims made by Chinese Landing residents.

 The Chinese Landing impasse was raised at the August 2023  National Toshaos  Conference which saw the attendance of over 200 Amerindian leaders from villages across the ten administrative regions at the Arthur Chung Conference Centre, at Liliendaal, Georgetown. The Chinese Landing Toshao Orin Fernandes was granted the opportunity to present his village’s case on day one of the NTC.

With a national stage in the capital city, Fernandes waded into the government at a closed session after President Irfaan Ali had spoken at the opening.

 He argued that years of inaction by the government had forced Chinese Landing to approach the IACHR. Further, 2021 was the first time that Chinese Landing had initiated legal proceedings against miner Wayne Vieira and the GGMC.

 “Our case was thrown out in the High Court without even a hearing and is currently sitting before the Court of Appeal. Our people have been suffering and continue to suffer.

 “It is the suffering of our people that caused us to seek redress at the level of the… IACHR. We approached the IACHR on March 8, 2023, seeking precautionary measures to protect us,” Fernandes said.

The IACHR, after analysing the arguments put forward by the community and the state, found that that situation deserved a high level of urgency “given the rights to life and personal integrity are at risk.”

 As such, on July 21 last year it called for protective measures. The government has since halted all mining activities until further notice.

Teixeira yesterday told reporters that her administration is seeking a full withdrawal of the precautionary measures against Guyana.  

“What we did with Chinese Landing, we asked for a withdrawal of the precautionary measures as they are not based on facts. It’s a misrepresentation, so we asked formally, the IACHR, to withdraw the petition against Guyana,” she affirmed.

The minister disclosed said the government has since submitted a report to the IACHR, which includes a body of evidence to support its position.

 While confirming that the IACHR received the government report, Teixeira said a substantive response is still forthcoming regarding her government’s request to withdraw the precautionary measures granted in favour of the aggrieved residents of Chinese Landing.

To date, The Government is still waiting for a response from IACHR in that regard Minister Teixeira said.

 On March 8, 2023, the IACHR received a request for precautionary measures filed by the Village Council of the Indigenous Carib Community of Chinese Landing, the Amerindian Peoples Association of Guyana, and the Forest People’s Programme (on behalf of the members of the Indigenous Carib Community of Chinese Landing).

The request called on the Government of Guyana to adopt the necessary steps to protect the health, rights, personal integrity, and life of the people. It came as the people of Chinese Landing were contending that Vieira, a concession beneficiary, was given four blocks to mine for gold, but along with his associates, continued to daily harass and threaten villagers.