News from ICLMG

In the National Interest? Criminalization of Land and Environment Defenders in the Americas

IntheNationalInterest 2The ICLMG and MiningWatch Canada released a report today that squarely links Canadian mining interests throughout the Americas with intensifying repression and violence against mining-affected communities.

Highlights from ‘In the National Interest?’

Here in Canada and throughout the Americas, many governments have embraced resource extraction as the key sector to fuel economic growth, neglecting other sectors – or even at their expense. This is creating unprecedented demand for land and other resources, such as water and energy. In Latin America, economic dependency on intensive primary resource extraction has become known as ‘extractivism’.

Increasingly, when Indigenous and Afro-descendent peoples, farmers, environmentalists, journalists, and other concerned citizens speak out against this model for economic growth, particular projects and/or their impacts, they become the targets of threats, accusations, and smears that attempt to label and punish them as enemies of the state, opponents of development, delinquents, criminals, and terrorists. In the worst cases, this leads to physical violence and murder.

Guatemala, Peru, and Mexico provide examples of intensified criminalization, where there has been little pause in neoliberal deregulation of the mining sector since the 1990s.

  • In Guatemala, where Canadian firms have dominated the mining sector and consistently enjoyed public support from the Canadian Embassy despite serious impacts in affected communities, criminalization of mining-affected communities has intensified under the scandal-ridden administration of (now former) President Otto Pérez Molina. Some ninety people were targeted for their involvement in efforts to organize local plebiscites on mining, or for participating in peaceful protests against Tahoe Resources’ Escobal silver mine, including several who endured months in jail. In this case, criminalization has led to violence and militarization, including a state-led pilot project at the local level, led by a military colonel, which frames local organising as a threat to national security.
  • In Peru, Canada has spent tens of millions of dollars in overseas development aid since the 1990s on projects that reinforce a role for the state as either absent or servile to corporate interests and highly reliant on short-term mining rents. As the number of mining conflicts has soared, parallel legislative changes have stiffened penalties for social protest and given police greater impunity to use lethal violence against protestors. From 2006 to 2014, 230 people were killed and 3,318 wounded in socio-environmental conflicts, principally around mining projects. State armed forces, which may even be directly employed by mining companies, are frequently the aggressors. As of mid-2014, some 400 people were facing legal persecution under generally spurious accusations made by companies, company staff, or public prosecutors, including for rebellion, terrorism, and violence.
  • Mexico, the country of choice for Canadian mining investment abroad since the signing of the North American Free Trade Agreement (NAFTA), is one of the deadliest countries in which to defend land and the environment, where criminalization can easily lead to murder. Perpetrators of frequent murders are almost never held to account and militarization has increased along with growing territorial control of criminal groups, along with a frightening escalation of the use of torture, of particular risk for anyone who is jailed. The criminalization and murder of community leader Mariano Abarca in 2009 in connection with Blackfire Exploration’s “Payback” mine in Chiapas illustrates how the Canadian government’s idea of ‘economic diplomacy’ may contribute to or fail to address repression and violence. The Canadian Embassy in Mexico knew of tensions around Blackfire’s mine; Abarca himself had told the Embassy about armed workers being used to intimidate peaceful protesters. When Abarca was detained, mere weeks after speaking about this with the Embassy, the Embassy received some 1,400 letters expressing dire concern for Abarca’s life. Nonetheless, the Embassy’s response was oriented to dispelling doubts over the legitimacy of Blackfire’s operation. Three months later, Mariano was murdered. All of the suspects in his killing were connected to the company, and justice has still not been served. The Embassy has denied any responsibility and argued that to show support for community leaders who are criminalized would be to interfere in Mexican sovereignty; revealingly, it does not harbour the same reservations about lobbying Mexican officials and agencies on behalf of Canadian companies.
  • In Ecuador, the role of the Canadian lobby to contain mining law reforms – and continued state dependency on the extractivist economic model – have contributed to a new wave of criminalization despite significant efforts in recent years to ensure greater protection for people and the environment. The Canadian Embassy lobbied hard against application of a constitutional decree passed in 2008 that should have revoked most of the mining concessions in the country for lack of prior consultation with communities and overlap with water supplies and other sensitive areas. The Embassy also ensured a privileged seat for Canadian companies in the development of the new mining law in 2009, which coincidentally failed to incorporate the standards set by the constitutional decree. After the new law was approved, Canadian companies still pressured to have it weakened. Meanwhile, the law was turned against communities that have long been opposed to large-scale extractive industry developments because of their impacts on water supplies, forests, and local economies and cultures. Community leaders have been criminalized on charges of terrorism, often with arbitrary detention and preventative prison sentences, and they further face public smear campaigns, including by government officials, that seek to delegitimize their claims.
  • Canada provides the final example, riding its own wave of deregulation, dependency, and devolution into a state increasingly intolerant of growing public dissent over extractivism. Over the last decade, Canadian Security Intelligence Service (CSIS) and Royal Canadian Mounted Police (RCMP) security reports, along with government policy documents — notably on anti-terrorism strategies — have equated economic interests with Canada’s “national interests” and designated groups opposed to these interests as a threat to Canada’s national security. Groups challenging government policy, particularly surrounding the energy and extractive sectors, have been infiltrated and subject to surveillance by both CSIS and the RCMP. The recent passage of the Anti-Terrorism Act of 2015, Bill C-51, raises further concerns about enhanced powers for Canadian intelligence agencies, among other provisions, being used against Indigenous groups and other organizations contesting the government’s extractivist agenda.

In summary, the report observes that it is becoming ever more dangerous and difficult for affected communities and organizations who are fighting for Indigenous rights, self-determination and environmental justice in the Americas to speak out and do their work. As this situation worsens, the Canadian government has increasingly dedicated its diplomatic services, aid budget, and trade and investment policy to promote and favour the interests of Canadian mining companies and to influence decisions over extractive projects and related policies. The trend of repression and deregulation in Canada to favour mining, oil, and gas projects is consistent with the model that the Canadian government promotes abroad.

Concluding with a series of ideas and recommendations for discussion, the report seeks to spur debate and foster creative action to protect dissent in defence of land and the environment, and to question Canada’s role in promoting the underlying economic development model that is putting communities at such a deadly disadvantage.

Read the executive summary

Read the full report

Take Action: Fix Canada’s Broken Access to Information System

Coalition calls on parties to improve the public’s right to know

HALIFAX (Monday, 14 September 2015)—The undersigned organizations have issued a joint letter to the major political parties in Canada calling on them to make concrete commitments to reform Canada’s access to information system.

A strong access to information system is vital to maintaining a healthy democracy. The public has the right to obtain the information it needs to participate meaningfully in the democratic process, while also holding Canada’s public officials and Members of Parliaments accountable. The current system is failing Canadians.

“When the Access to Information Act was adopted over 30 years ago, Canada was a world leader on this important democratic right,” said Toby Mendel, Executive Director of the Centre for Law and Democracy. “But decades of stagnation have left us in a miserable 59th position globally, far behind countries like India, Mexico, South Africa and Slovenia.”

“Canadians are being left in the dark,” said Tom Henheffer, Executive Director of Canadian Journalists for Free Expression. “We have a right to know in this country and it’s being undermined. Urgent access to information reform is needed to hold politicians and public institutions accountable, to keep the public informed and to ensure Canadian democracy continues to function.”

“It is long past time these changes were made,” said Vincent Gogolek, Executive Director of Freedom of Information and Privacy Association. “The black holes in the Access to Information Act have to be closed.”

Our country deserves an open and accountable government. Political parties must make a clear electoral promise to undertake a comprehensive process of consultation leading to reform of the Access to Information Act. They must also express specific support for the rapid adoption of the following four reforms following the election:

  1. Strengthen the Office of the Information Commissioner with a larger mandate and order-making power.
  2. Eliminate loopholes and blanket exclusions and minimize exceptions to the Access to Information Act.
  3. Expand the scope of the Act to include all public authorities and other bodies which perform a public function or receive significant public funding.
  4. Require public officials to document and preserve all records of their decision-making.

How can Canadians help reform Canada’s access to information system? 

  • Send an email to your representatives: using the following simple one-click platform, you can easily make your right to information a priority to federal party leaders and your local MPs and senators based on your postal code.
  • Share your views on social media: tweet at Secretary of the Treasury Board @TonyclementCPC, Liberal Open Government Critic @Scott_Simms and NDP Treasury Board Critic @MRavignat using #ATIreform and #cdnfoi to let them know that you want to see immediate reforms to Canada’s access to information system.

Signatories:

BC Civil Liberties Association (BCCLA)

Canadian Association of Journalists (CAJ)

Canadian Journalists for Free Expression (CJFE)

Canadian Taxpayers Federation (CTF)

Centre for Law and Democracy (CLD)

Centre for Social Justice

Evidence for Democracy

Fédération professionnelle des journalistes du Québec (FPJQ)

Freedom of Information and Privacy Association (FIPA)

Greenpeace Canada

International Civil Liberties Monitoring Group

PEN Canada

Politics of Evidence Working Group

Newspapers Canada

OpenMedia

Right to Know Coalition of Nova Scotia

Voices-Voix

ICLMG, among 300 prominent Canadians, urge PM Harper to take action to bring Mohamed Fahmy home

UPDATE: Mohamed Fahmy and his Al Jazeera colleague Baher Mohamed have been pardoned by the Egyptian president on September 23rd, 2015, and were subsequently released. Mohamed Fahmy is now back in Canada.

September 8, 2015

The Right Honourable Stephen Harper Prime Minister of Canada
House of Commons
Ottawa, ON K1A 0A6

Dear Prime Minister Harper:

Re: Canadian journalist Mohamed Fahmy

We write to you today to add our voices to those of Mohamed Fahmy’s family, his legal team and rights organizations around the world. Like them, we implore you to take personal and immediate action to secure Mr. Fahmy’s deportation to Canada.

Mr. Fahmy’s conviction and sentence by the Egyptian court to three years in prison for his work as a journalist has been described as a ”farcical verdict which strikes at the heart of freedom of expression”. The charges against Fahmy and his colleagues were baseless and politicized; the journalists should never have been arrested and tried in the first place.

These sentiments have been echoed by governments around the world including those of the United States, the United Kingdom and the European Union as well as by the United Nations and countless human rights and press freedom organizations.

Canada’s Minister of State has expressed “disappointment” with a verdict that “severely undermines confidence in the rule of law in Egypt”. Indeed, it is beyond dispute that Mr. Fahmy was denied the most rudimentary due process and was convicted on the basis of evidence so flimsy and distorted as to be absurd.

The world knows that Mr. Fahmy is an innocent man trapped in a political nightmare – that he is in prison simply for doing his job. The world also knows that the conditions of Egypt’s notorious Tora prison pose a grave danger to Mr. Fahmy’s safety and health.

Mr. Fahmy’s legal team, together with experts from around the world, are unanimous in the view that direct and persistent requests from you personally to President al-Sisi are Mr. Fahmy’s only hope for release. In the words of Amnesty International Canada’s Secretary General Alex Neve, “the Egyptian government needs to hear frequently, firmly and consistently from the Prime Minister himself”.

There is certainly positive precedent to suggest that this is the case. Maher Arar, for example, was freed from a Syrian prison only after the Canadian Prime Minister became directly involved in his cause. Peter Greste, convicted alongside Mr. Fahmy on identical charges in June 2014, was returned home seven months ago after direct and persistent intervention by Australia’s Prime Minister Tony Abbott.

While we recognize and appreciate Canada’s efforts to date – including consular services on the ground in Cairo and the Minister of State’s repeated expressions of concern – it is clear that new efforts are required.

We urge you, as Canada’s Prime Minister, to communicate directly with President al-Sisi the need to have Mr. Fahmy returned home safely and swiftly. It goes to the very heart of what it means to be Canadian that we defend the rule of law and protect our fellow citizens from harm.

We call on you to make these commitments meaningful in the case of Mr. Fahmy.

Yours sincerely,

The National Council of Canadian Muslims

The International Civil Liberties Monitoring Group

The Honourable Louise Arbour, C.C., G.O.Q.

Paul D. Copeland, C.M.

Marlys Edwardh, C.M.

Atom Egoyan, O.C.

John Fraser, C.M.

The Right Honourable Paul Martin, P.C., C.C.

Rick Mercer, O.C.

Alex Neve, O.C.

Michael Ondaatje, O.C.

Stewart Phillip

Sarah Polley, O.C.

John Ralston Saul, C.C., O.Ont.

See the full list of signatories here.

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