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| Beautiful Izabal |
Before roads and railroads, Lake Izabal was
what linked the Guatemalan interior to the rest of the world. Commonly
referred to as "the store" in English, the name evolved to its
present form due to Spanish-speakers style of pronunciation and spelling. What
is now known as "El Estor" was the landing and trading post for cargo
and travelers to journeying from the coast to Cobán and beyond. This strategic
position is what made it an attractive location to set up shop. Unfortunately, one of the first to do so was
the United Fruit Company, who came to dominate the region by appropriating the agricultural
lands and denigrating the local indigenous population to manorial labour. In
the 1960’s and 1970’s under the fog of war, a civil war that the UFC helped start, the
company quietly withdrew from El Estor. Yet, as misfortune had it “the store” was
located on Central America’s single largest nickel deposit and almost as
quickly as one feudal giant left, another one took its place. EXMIBAL was a
subsidiary of Canadian nickel giant, INCO, and until the war ended and nickel
prices crashed in the 1980’s, it, like United Fruit, continued to perform what Galeano
described as neo-colonial alchemy. Finally, in the 1990’s, and for little more than
a decade, relative peace reigned. However, in 1997, a new neoliberal Mining Law
and rising mineral prices combined to produce a %1000 increase in extractive
exploration and exploitation in Guatemala. One of the first places that was re-opened
for business was “the store” and one of the first company’s interested in restarting
its alchemy was INCO.
Building on what it had seen and heard in San Miguel
Ixtahuacán, OGG traveled to Izabal to meet with anti-mining activists Raúl and
María and visit the affected community of Lote Ocho.
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| María Choc addressing OG and the community in Lote Ocho Photo courtesy of Laura Huddart. |
Allison writes:
“Today we visited the community of Lote 8, it’s close to the
mine run by HudBay Mineral, another Canadian company. This particular community
is made up of about 25 families and they are going through hell. Their
community is in constant threat of being evicted by the mining company. At one
point their entire village was burned to the ground, but they returned and
rebuilt because this is their home, their land. Recently they have moved their
village an hour hike uphill so that they can keep watch on who is coming and
try to defend themselves. A couple years ago, security forces came to the town
and because all the men were away at work they distracted the children and
violently gang raped a dozen women, one of those women was telling us her story
and saying how difficult it is to talk about. The whole community came out to
meet with our group; they are so strong, so connected. They are all going
through the same struggle and are so supportive of one another. Men and women
both feel comfortable to speak up and the woman translating Q’eqchi to Spanish
for us was a powerful woman with a commanding presence. Her sister is Angelica
Choc who is currently suing the mine in Canadian court for the assassination of
her husband who was a prominent community leader. The most powerful part of the
day was when the women asked us after hearing their stories, “What are you
going to do about this?” Wow, we can no longer be apathetic.”
Late on Friday August 5, 2011, just two days after our visit
to the area, HudBay Minerals announced that it had agreed to sell 100% of its
interest in the Fenix Mining Project located in El Estor, Guatemala. HudBay reportedly
sold its stock in the nickel mine for $170 million, a fraction of the $460
million that the Canadian company paid for the project just three years earlier.
So, why the costly corporate retreat? "We believe this
sale was prompted in part by the severe human rights issues at HudBay's Fenix
Project that dogged the company at every turn. The murder of Adolfo Ich, and
the gang-rapes of Rosa Elbira and the 10 other women at Lote Ocho committed by
mine security personnel are albatrosses that weigh heavily on the neck of HudBay,"
said Murray Klippenstein. Klippenstein is the Toronto based firm representing
Angelica Choc in a lawsuit against HudBay for the 2009 targeted killing of her
husband, Adolfo Ich, by CGN (HudBay's wholly owned subsidiary) private security
guards. Klippensteins also happens to be representing the 11 Mayan-Qeqchi women
from the community of Lote 8 who were gang-raped by police, soldiers, and the
same CGN security forces, as part of an illegal, forced eviction in 2007.
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A memorial to Adolfo Ich. Since his murder his
image has become symbolic of anti-mining movements across the country.
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The impunity in Guatemala that allows for a complete
disregard for human rights and the rule of law is a well-documented and
devastating phenomenon that dates back generations but like Maude Barlow, Chair
of the Council of Canadians noted on her recent visit to Guatemala, impunity “is
not only a Guatemalan phenomenon. It is profoundly a Canadian phenomenon.”
Klippenstein hopes the recent sale and law suits serve “as a
lesson to Canadian companies that ignoring concerns over risks of severe human
rights abuse can be incredibly expensive." But while Murray’s clients
“continue to vigorously pursue their claims against HudBay and HMI in Ontario
courts to ensure these Canadian companies are held accountable for their past
wrongful acts," in Canada, there remains little chance for success much
less redress.
Canada, unlike other countries, has no legal provisions or precedents,
criminal or civil, for foreign claimants to pursue cases against Canadian
companies for crimes committed outside of Canada. And even modest legislative attempts
to introduce increased corporate accountability have been confronted by a coalition
of staunch status quo defenders and human rights offenders, among them major mining
industry players, Barrack Gold, and Goldcorp, as well as the Department of
Foreign Affairs and International Trade, the Canada Pension Plan, and Export
Development Canada. Between 2009 and 2010, their concerted lobbying effectively
sabotaged Bill C-300, an Act Respecting Corporate Accountability for the
Activities of Mining, Oil or Gas in Developing Countries. The same motley crew subsequently
reunited to prevent the passing of Bill C-354, an initiative paralleling the
American Alien Torts Claims Act that would have amended the Federal Courts
Act to ensure the international promotion and legal protection of human rights.
However, in 2011, the crimes of HudBay, the environmental
violations of Goldcorp, and the human rights abuses of Barrack Gold have again
become popular press items and prominent public concerns. Consequently, C-354
has been resurrected in the form of private members Bill C-323, currently being
re-tabled in the House of Commons. In this new context, the cases of Angelica
Choc and the 11 brave women of Lote Ocho may just have the potential to haunt
Hudbay long after its sale of the Fenix Mining Project.
Please show your support for Angelica, Lote 8, and all
the other victims of Canadian corporate malfeasance by supporting Bill C-323
and other initiatives towards minimum and mandatory standards of corporate
accountability.
