Right To Say No Archieven

DocVille cancels the screening of pro-mining documercial ‘Not in my country’

DocVille documentary festival cancels screening of pro-mining propaganda film ‘Not in my country’

Docville cancelled the screening of ‘Not in my country’, a movie that criminalises local communities and activist that oppose destructive mining projects in their country
The screening was cancelled under pressure of planned protest
We call on everyone to listen to the voices of local communities and respect their right to refuse mining projects

Leuven documentary film festival DocVille cancelled the session ‘ethisch mijnen, kan dat?’ (ethical mining, is it possible?). The discussion would have been centered around the movie ‘Not in my country’, a documentary made by Peter Tom Jones, the director of the KU Leuven Institute for Sustainable Metals and Minerals. This piece of propaganda criminalises people protesting against lithium mining in Jadar, Serbia by Rio Tinto. It argues that they are puppets for the extreme right and the Kremlin.

The agenda is clear: Peter Tom Jones wants more mining in Europe and to accomplish that goal local communities fighting the destruction of their environment by mining need to be silenced and marginalized.

Criminalisation of activism
A recent opinion piece by Catapistas in De Standaard sums up the problems with Jones’ stance: “Jones suggests that climate activists form “unnatural alliances” with far-right groups. This is a dangerous and unjust framing, reminiscent of the way Indigenous and local communities worldwide are systematically criminalized when they resist destructive mining projects. The legitimate opposition of concerned local communities, whose immediate environment and way of life are threatened, is dismissed as extreme, unreasonable, or selfish. How can we speak of a fair debate when one voice is marginalized from the outset?”

It was clear that this movie was not a backdrop for a fair debate. You don’t preface a debate about PFAS, with a clip by 3M or a panel about arms ownership with a movie by the NRA. It doesn’t come as a surprise that people were planning to react to this events. Belgian academia and arts launched an open letter denouncing the neocolonial narrative of the movie. Marginalising voices wanting to defend their lands is indeed reminiscent of the way colonial powers tried to justify their exploitation. People in Barroso (Portugal) and Jadar (Serbia) had already voiced their anger at the screening of this movie. Together with different groups in solidarity, they were preparing to give the voice Jones is trying to marginalise a platform at the screening. People have the right to say no against mining on their lands.

Cancellation of the debate
We understand that DocVille aimed to foster a serene debate and, as a result, decided to cancel the screening of the documentary. The film has proven to be highly polarizing, and the criminalization of local communities understandably leads to outrage. Anyhow, CATAPA rejects any form of intimidation or violence.

However, we must not overlook the broader issue: communities worldwide that resist mining projects frequently face repression, violence, threats, and even murder. Organizations such as Amnesty International have extensively documented these human rights abuses. The very same corporations that this documentary seeks to defend are the ones silencing these communities and violating their right to free speech. We strongly condemn these tactics.

The documentary—referred to as a “documercial” in the open letter—unilaterally promotes the interests of Rio Tinto, a company with a troubling track record of human rights violations, environmental destruction, and internal misconduct, including cases of sexual violence and racism. Rio Tinto has been implicated in war crimes, the destruction of Indigenous sacred sites, and the dumping of toxic mining waste, such as cyanide. Given this background, it is not surprising that such a one-sided portrayal of the mining industry is met with resistance.

Furthermore, the close ties between the mining industry and certain academic institutions raise concerns about conflicts of interest. Research institutions, particularly those benefiting from EU-funded Horizon projects, often collaborate with industry players, leading to biased narratives that overlook alternative solutions. Rather than focusing solely on increased mining, we should prioritize material reduction, efficiency, recycling, and urban mining—strategies that receive far too little attention. The claim that there is “no alternative” to large-scale mining in the EU is not only misleading but also politically motivated.

We call on everyone to listen to the voices of local communities, respect t heir right to refuse mining projects, and foster a truly open and democratic debate—one that is not dictated by corporate interests but by genuine concern for social and environmental justice.

Yuturi Warmi – Indigenous Women Resist Gold Mining

Margot Tjolle studied a MSc in Environment and Development at the University of Copenhagen. For her Master’s thesis, she went on field work in the Serena community with her two research partners, Filippo De Rossi and Marie Eenens. They decided to collaborate and live with Yuturi Warmi to conduct a research project aiming to understand how endangered communities can build alternatives to mining and extractivism.

The scourge of industrial gold mining
In recent years, the Ecuadorian Amazon has been increasingly impacted by the scourge of both illegal and “legal” gold mining. However, the mines operated by official companies are often also considered illegal by the local populations, as they notoriously enter their territories without their prior free and informed consent, and operate without environmental permits.

The negative impacts of industrial gold mining start with the deforestation and contamination of the soil and rivers by the toxic chemicals used in the extraction process, predominantly mercury. In addition to destroying the precious biodiversity of the Amazon rainforest, the contamination brings an array of health issues to the communities that depend on the river water to survive, such as skin diseases and cancer. The soil contamination prevents anything to grow, jeopardizing their agroforestry organic farms, a vital part of their lives and indigenous cultures. Mining also sabotages other more environmentally-friendly sources of income such as tourism, as the contaminated land and rivers are not attractive to the foreigner’s eye anymore. Another important impact to mention is the rise of insecurity and delinquency the mine brings to the communities, as the resulting lack of educational or economic opportunities breed alcoholism, prostitution, and drug abuse and trafficking.

“Yes, sometimes I get angry, because these mining companies want to enter our territory, they want to damage the water, especially water is our life. Water is for children to bathe, for cooking and for us to drink. By entering, the miners want to leave the timber trees well damaged. In our territory to plant cassava, banana, those will also be very damaged, when they throw away chemicals. And that’s why we, the women here, from this Community of Serena, stand hard. We stand hard so they don’t enter. That’s why we became the Yuturi Warmi association.” – Corina from Yuturi Warmi

The resistance of Yuturi Warmi
Yuturi Warmi is the first indigenous women’s led guard of the Napo province, in the Ecuadorian Amazon. Yuturi Warmi translates directly to “conga woman”, “conga” being a certain species of ants which are considered warriors in the Kichwa culture. Conga ants are peaceful until their territory is threatened: if an unwelcome presence gets close to their nest, they unite and bite the individual to defend themselves. More than 40 Kichwa women are dedicating their daily lives to resist mines from entering their land. By using Indigenous Justice – spears, chili peppers, tobacco and nettles – as arms, they stop the miners from entering the Serena community which is one of the last areas that gold mining has not infiltrated and polluted their rivers, soil and bodies. They also regularly patrol the area, and make traditional artisanal products such as beaded jewelry, weaved bags, and ceramics, as an additional source of income. Together with the support of their families, they march in various protests to raise awareness that there is indeed an alternative to the destructive development path that the mining companies promote.

“In other places or in other communities, they tell us that mining brings money. And if there are some families who turn to mining and sell their land it’s due to lack of money, out of necessity.” – Leila from Yuturi Warmi

Unfortunately, the precarious economic conditions in which many communities live, coupled with the lack of opportunities, forces them to accept leasing or selling their land to the mines, for the meager promise of a short-term economic benefit. It is crucial for communities to have the means to build alternative sources of income to the mine, which do not jeopardize their future. In other words, it is vital for communities to practice their right to say no to extractive projects on their territories and their right to say yes to their chosen way of living and relation with their surroundings.

“For the future of the Yuturi Warmi, we have always been talking about focusing on community tourism. Because if we do community tourism we can bring foreigners to know and respect our territory, know our rivers, our waterfalls, our mountains… And also to provide work for students. Here, our high school graduates are not given work unless they have 2-3 years of experience. And if they do not have a third-level education, they do not have a job. So, doing community tourism would help us a lot because our children can be jungle guides, rafting guides, chefs. So there is work here in the territory and they don’t have to emigrate. That is our dream, that is our future. And with that, resist more because there are people who are getting to know us.” – Elsa from Yuturi Warmi

Community-led resistance tourism
As the president of Yuturi Warmi mentions, their dream is to develop a community-led tourism project. The community envisions building a lodge on the bank of the Jatunyacu River, on their communal land. They also wish to create a botanical garden around the lodge, where they would plant different medicinal and traditional plants and label them, in an effort to conserve and share their knowledge. On this land, they already started building a roofed space dedicated to the practice of the Wayusupina, a traditional early-morning tea ceremony important within the Amazonian Kichwa culture. They plan to finish the construction of this site to have a space where they can celebrate and practise different aspects of their culture, as well as simply meet with the guests. Moreover, the lodge would serve as a venue to sell their traditional handmade beaded jewellery and crafts. This project would provide them with an alternative source of income to destructive gold mining, which would not only help them fight extractivism but also share their culture with visitors.

However, this collective dream is no small task to achieve. Once the funds needed to develop the plans, buy the materials, and build the project are collected, efforts need to be continuous to ensure that the lodge thrives. Different challenges appear when introducing tourism as an alternative source of income. Tourism can be seen as an extractive activity that puts stress on the natural environment and can make local communities dependent on another volatile economic sector. Therefore, it is crucial to ensure that the touristic project is sustainable and based on the needs of the community. For example, a small-scale sustainable tourist project means limited numbers which means limited financial gains to support the related activities. It is also important that the women and the community itself retain ownership of the project. Although external investments can help fund the project, it can also shift control to other hands, like travel agencies. A monitoring system could be put in place to ensure the continuous sustainability of the project, and respond to emerging issues in a timely manner. Over-performativity and ‘selling’ one’s Kichwa culture and practices to entertain the foreigner’s eye, can also be viewed from a critical lens. The line is thin between the benefits that sharing and reproducing cultural practices can have for the preservation of indigenous knowledge, and its exaggeration to unrealistic standards which could provide a stereotypical and romanticised image of the community. Finally, as the area is surrounded by illegal mining activities, security concerns need to be evaluated, whether concerning the water contamination or the potential tensions with pro-mining groups in the region.

A financially and informatively well-supported community resistance tourism project can not only allow the women of Yuturi Warmi and the Serena community to achieve their dream of self-subsistence and territorial protection, but also ensure their resilience and adaptivity in the face of such challenges.

The students started an ongoing crowdfunding to support Yuturi Warmi in their first steps towards the development of their dreamed community tourism project. Your contributions will support the organisation in their fight against the mines for the protection of their territory and the Amazon rainforest. The collected funds will support the construction of a tourist lodge, a botanical garden, and a traditional handicrafts shop.

Link to the crowdfunding: https://whydonate.com/en/fundraising/Yuturi-Warmi
For any questions, contact us at: margot.tjolle@hotmail.com

Report Encuentro del Derecho a Decir No

Picture of the road blockade that lasted over two years against a mine in the Chocó Andino. Photo by Danila, Red de Jóvenes del Chocó Andino

Between the 15 – 23rd November environmental defenders, organizations and social movements from across South America met in Quito for the ‘Encuentro del Derecho a Decir No’, organized by CATAPA. A report by Connor.

The metropolitan district of Quito, including the Chocó Andino biosphere reserve, was deliberately chosen so that we could celebrate and learn from the success of the popular referendum, and the Quito Sin Minería campaign, which successfully prohibited mining from the area.

One of the most important aspects of the Right to Say No is also the Right to Say Yes, and this is fundamental to the Quito Sin Minería project. The campaign was focused around saying YES. Yes to life, yes to the Chocó Andino, yes to the Andean Bear which is native to the area, and yes to an economy that respects and values nature.

Most impressive of all, in the wake of the popular referendum there is a coordinated effort within the Chocó Andino to promote an alternative vision of the biosphere reserve, based upon eco-tourism and agroecological production of coffee, panela, sugar cane and other fruits and vegetables.

During the week, accompanied by the Red de Jóvenes del Chocó Andino, a network of young people that were pivotal in the fight against mining projects within the biosphere reserve, we visited several centers of resistance within the Chocó Andino.

In one particular visit, we went to Las Taguas, an eco-tourism farm project that teaches visitors about the process of making products such as panela and sugar cane juice agro ecologically, without chemicals or fertilizers, that respects nature and ensures that future generations can enjoy it. We also went for a nature walk with student guides in training, in of itself a vital process that involves young people in the protection of the biosphere reserve, swimming in a nearby waterfall that is protected and cared for by the project.

Photos from the visit to Las Taguas, an agritourism farm. Photo: CATAPA

In another symbolic visit, we visited the site where several communities of the Chocó Andino organised a road block for twenty four hours a day, seven days a week for over two years against an illegal mining project.

By focusing on visiting centers of resistance, participants not only theorized what an alternative to mining and extractivism could look like, but saw with their own eyes a very real example of popular alternatives based on agroecology, community tourism and solidarity.

Environmental defenders face daily threats and a constant struggle to protect their territories. Understanding this, the various visits across the Chocó Andino provided an opportunity for participants to relax, recharge their batteries and reaffirm their commitment to the protection of their territories in the fight against extractivism.

In combination with this, a part of the meeting also focused on self-care and protection. During one particular workshop, we shared the measures we are taking individually and collectively to protect ourselves and others in our territories. However, we acknowledged that self-care and protection measures can only go so far. We collectively agreed that it is the responsibility of governments at every level to provide the necessary protection for environmental defenders, so that they can protect us without fear of violence and retaliation.

The Quito Sin Minería campaign was not born overnight. As we learnt during the trip, it is the culmination of years of struggle against mining projects in the region – a social process that has taken place across the Chocó Andino and the city of Quito to build a collective consciousness about the impacts of mining, the importance of the reserve as a place of super biodiversity, and the need to protect it.

Aside from the visits, we based ourselves in the cantón of Pacto for several days of workshops and activities. We began by creating a collective map of the context regarding mining within each of the countries represented in South America.

In general, we concluded that the political situation in the region is increasingly dangerous, with governments at the local, regional, national and international level looking to facilitate the opening and expansion of new and existing mining projects, perpetuating economic dependence on the extraction of limited natural resources. This development model is marked by an escalation of violence and assassinations of environmental defenders and leaders of anti extractivist social movements. For example, Perú is still under the dictatorship of Dina Boluarte, the former vice president who took power in a violent coup beginning in December 2022, which resulted in the murder of over sixty protestors and the injury of thousands. In recent months, Dina Boluarte’s government has visited Canada and other western countries to declare Peru open for business, and is looking to ‘reactivate’ several mining projects, originally prevented by social movements, such as Minas Conga and Tia Maria.

Workshop focused on analyzing the context of mining in South America. Photo: CATAPA

The vast majority of mining projects in the region of South America are owned by multinational corporations with horrific, bloody histories. This includes the support of genocide, forced displacement and assasinations of environmental defenders to gain access to such territories, such as Newmont in the case of Minas Conga, Cajamarca, Peru and Anglo Gold Ashanti across Colombia – a scandal which is touched upon by the Quitale La Mascara Campaign.

During the week, we also organized a virtual team building activity with CATAPA volunteers that were taking part in the Movement Weekend in Belgium at the same time. In order to confront extractivism as a political project, we must form and strengthen international movements in order to make the connection between the extraction of resources from the ‘Global South’, which serve to manufacture products such as electric cars that are enjoyed only by a small minority of the world’s (predominantly western) population, whilst local communities receive little benefit.

Activity with Catapistas. Photo: CATAPA

As a result of the gathering, and in response to the current social, environmental and political context, the Network of Territories for the Right to Say No (Red de los Territorios por el Derecho a Decir No) was formed. This network will serve as a platform to share information about struggles against mining projects, and to develop and diffuse tools to strengthen the capacity of communities to say No to mining and other extractive activities in their respective territories.

Offering to the land that remained during the entirety of the meeting. Photo: CATAPA.

Movement Weekend throwback: the Encuentro comes to Belgium!

November 2023 was a month filled with important events for CATAPA and its volunteers – from Klimaduro events, photo expos, Repair Cafes and info stands all over Flanders, our Stop #ExpresDefect campaign flourished within the Belgian borders, you can read more about it here! Nonetheless, its sister campaign, The Right to Say No, was not to be overlooked: while Stop #ExpresDefect took over Flanders, staff members and Catapistas participated in the Right to Say No Andean gathering (or Encuentro del Derecho a Decir No).

The gathering was ample in scope, uniting representatives from our partner organisations from Ecuador, Colombia, Brazil, Peru and Bolivia. Everyone, from volunteers, community leaders to frontline defenders, gathered in Quito, the capital of Ecuador, to exchange knowledge, tips, and skills in order to protect South American communities from harmful mining projects. Regardless of the shape their struggle took, whether decades old or incredibly recent, the Encuentro was a chance to create a platform for these activists to share their story, find support and create a network that will help them in their ongoing fight. It was a chance to promote a narrative of hope in the face of the threat of large-scale mining.

To further the reach of The Right to Say No, the remaining staff and Catapistas took advantage of our personal Catapista gathering, the Autumn Movement Weekend, to connect with our overseas partners. This interaction took the form of an interactive art project, wherein the Ecuador and Belgian teams competed to see who could form letters with the help of nearby objects (and even people at times!). At the end, the best pictures of the letters were chosen to display a message that CATAPA and all its partners can get behind: ‘Agua Si, Mina No!’

This project provided a moment of levity where people from both countries could get to know each other, interact, and join in the fun. Furthermore, it strengthened our sense of companionship and solidarity in the face of those who would trample over what others hold dear. The Movement weekend and the Encuentro both brought us closer together strengthened the bonds that were already there through The Right To Say No, which we will continue promoting loudly and proudly.

Update: the threats towards Don Wilder’s family continue….

Earlier we shared the sad news that Johan Ferney Aguilar González was murdered on September 3rd. The day after, his father, don Wilder Antonio Aguilar Rodríguez, filed charges against the Canadian multinational Mirandagold for making threats directed at himself and his family. Wilder is the social leader of Vereda Santa Filomena, a community within the village of Falan in Colombia, which opposes mining in their habitat and is currently trying to stop the multinational’s exploratory works on their territory through legal procedures.

Up until today no one has been charged for the murder. The investigation is still ongoing, but for the residents of Santa Filomena it is clear who is behind it. In an interview with Luis Carlos Barrero, a volunteer at our partner organization Comité Ambiental en Defensa de la Vida de Tolima, Wilder talks about the impact of the murder on his family and his community. Which is of course huge. His family is torn apart by grief and there is a lot of fear in the community and far beyond. But despite it all, Wilder continues to fight for a better future for his community. Watch the interview below.

Interview Wilder

As if all of this wasn’t enough, Wilder again faced serious threats. His family is still not left alone. The Colombian government is clearly not doing enough to protect environmental and human rights defenders. Together with our partners, we demand that the national authorities and president Petro take urgent measures to protect the lives of Wilder and his family.

In Falan, like other parts of the country, defending one’s territory has become a high-risk activity. People can barely leave their homes and constantly feel unsafe. However, the right to life and defending one’s territory from outside threats are human rights.

The Colombian state has a duty to protect these freedoms of all Colombians. Read the denunciation of our partners and their demand for justice following the new threats here: Comunicado a la opinión pública (in Spanish).

Would you like to support communities like Falan?

Are you moved by what you read and wondering how you can contribute to this fight? One very real thing you can do today is making a donation to make the Right To Say No campaign!

Our donors supported a partner exchange week of CATAPA in the fall of 2023 in Ecuador. This was a week of knowledge, concrete practical skill and strategy sharing between affected communities on preventing mining projects from entering and on dealing with the impacts of the presence of mining companies on their lands. The gathering strengthened communities in their local fight and forces bonds and alliances that ensure a united struggle to protect their Right To Say No to mining in the Andes region.

Support the Right To Say No

VICTORY IN THE POPULAR CONSULTATION FOR THE CHOCÓ ANDINO ON 20 AUGUST 2023

by: Danila Andagoya and Gregory Jiménez from Red de jóvenes del Chocó Andino (RJCA)

The victory in the consulta popular vote on the ban of metallic mining in the Chocó Andino during the elections held on August 20th in Quito represents an enormous significance and a great joy for the defenders of nature, human rights, as well as the natural and cultural heritage. About 70% of the votes from the population of Quito were in favour of conservation by banning mining.

The Youth Network of the Andean Chocó – RJCA, a grassroots actor made up of more than 50 young leaders, women, men and diverse people who inhabit this territory, have been working since 2016 on fundamental issues for the strengthening of the territory. We are very happy with the results that have been obtained in a democratic way thanks to the right of popular consultation in which we have been participants since its inception. We have been involved from the beginning, selflessly providing any kind of help to the defenders who have been vigilant for months at the points of resistance, informing people inside and outside the territory about the events and progress of the Quito Sin Minería campaign. As RJCA we have been attending marches, sit-ins, collecting signatures in support of the consultation, accompanying the oversight bodies for the validation of signatures, creating murals alluding to the importance of conservation and socialising with the people about the popular consultation at home.

With the conclusion of the Consulta Popular and its favourable results for the rights of nature for both the Chocó Andino and Yasuní, we still see a great challenge. The RJCA collective as inhabitants of the Chocó Andino has to demand compliance with the legal regulations that prohibit extractive activity in the Chocó Andino of Quito. In line with our ideals we want to strengthen sustainable ways of life such as regenerative tourism, agro-ecology, food production such as coffee, panela cane sugar, etc. By doing so we generate creative economies that do not violate the right to the conservation of water, soil, forest, fauna and human beings and are attached to our territorial reality of the Chocó Andino Biosphere Reserve and the Chocó Andino Model Forest. These different alternatives will bring more long-term jobs, strengthen the social fabric, improve the quality of life of the inhabitants and the ecosystem, provide access to education, create identity, roots and environmental awareness. Above all, they encourage respect for the democratic opinion voiced at the ballot box on 20 August 2023 in the consultation for the canton of Quito for the ban on metal mining in the Chocó Andino (Calacalí, Gualea, Nanegal, Nanegalito, Nono, Pacto) and in the national consultation for the ban on oil extraction in Block 43 ITT of the Yasuní National Park in the Ecuadorian Amazon.

The impact of the Escazú Agreement on the Right to Say No in Latin America

This article will briefly introduce and explain how the Escazu agreement may positively impact the Right to Say No. To better understand it, we will start by explaining where it comes from, its unique characteristics, its aims, the rights it granted and its link with our campaign ‘The Right to Say No’ in Catapa vzw.

The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, also called the Escazú Agreement was adopted on 4 March 2018 and entered into force on 22 April 2021. Within the UN Economic Commission for Latin America and the Caribbean (ECLAC) with 24 Signatories States and 14 Parties among them (Colombia, Ecuador, and Bolivia).

“CIDH- ddhh indigenas Colombia _1039” by Comisión Interamericana de Derechos Humanos is licensed under CC BY 2.0 .

The Escazu agreement is quite unique for three reasons: first of all, it is the only legally binding agreement coming from the United Nations Conference on Sustainable Development (Rio +20); secondly, it is the region’s first treaty on environmental matters; and thirdly, it is the world’s first treaty to include provisions on human rights defenders in environmental matters.’

The main aim of the agreement is to fulfil the goals of principle 10 of the 1992 Rio Declaration on Environment and Development, which states that:

‘Environmental issues are best handled with participation of all concerned citizens at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.’

In this manner, the agreement strives for ‘the right of present and future generations to live in a healthy environment and to sustainable development’.

How is it related to the Right to Say No?

The Right to Say No stands for ‘communities’ fundamental right to not only be involved in – and informed about the plans, but also, in cases of unsatisfying outcomes of negotiating processes, to finally say “No” to the proposals. This essential notion not only amplifies communities’ voices and puts them in a more equitable position, but also puts pressure on corporations to respect indigenous knowledge and customary law. The “Right to Say No” to mining is therefore also the right to say “Yes” to a self-determined living and gives communities a concrete instrument to come up with their own development model through grassroot processes and law from below.’

This right has been built upon the principle of Free Prior and Informed Consent (FPIC) which enables indigenous peoples to grant or not consent to projects that may affect them or their territories.

Aligning with this concept, The Escazu Agreement is a valuable regional legal mechanism to support the exercise of the Right to Say No in Latin America and the Caribbean, due to the recognition and protection of access rights it granted, such as the right of access to environmental information, the right of public participation in the environmental decision-making process, and the right of access to justice in environmental matters.

What do these rights entail in the agreement?

Right of access to environmental information

The right of access to environmental information comprises access to the relevant information of the projects following the principle of maximum disclosure, which means that people can request and receive information from competent authorities without having to prove any particular interest or reason, which will represent the opportunity for private individuals, ONGs, and associations to be informed in each of the negotiating stages of the mining projects enables them to act before the authorities make any definitive decision upon the lands.

It also entails the duty of the signatory parties of the Escazu Agreement to facilitate this access to environmental information for persons or groups in vulnerable situations through the implementation of procedures to assist and advise them in the preparation of their requests until obtaining a response to guarantee the exercise of this right under equal conditions. This means that the government shall provide the necessary assistance and legal advice to people who, given their particular situation, may not have the knowledge or financial resources to submit the requests on their own but want to take part in these of processes.

“No a la Mineria” by somos2013 is licensed under CC BY 2.0 .

It also includes under which circumstances the states are allowed to refuse the information requested and the applicable conditions for delivering the information bringing transparency and clarity about the legal grounds, limits and exceptions to exercise this right. The Escazu agreement also asks parties for the designation of impartial institutions to oversee the compliance of the provisions and rules set forth therein. This right will represent an enormous change to the current procedures where most of the time environmental information is regularly denied to people or authorities, making it too complicated to be understood by people not involved in the projects.

Right of public participation

The right of public participation in the environmental decision-making process involves the creation of open and inclusive participation mechanisms following domestic and international normative frameworks, meant to include the public from the very early stages of the projects and activities in environmental matters such as processes to granting environmental permits, revisions, re-examinations or updates. Any aspect of public interest, such as land-use planning, policies, strategies, regulations, etc. And requires from the signatory parties the dissemination of the decisions taken and how the remarks of the public were considered to reach upon the decisions.

Thanks to the Escazu Agreement, from now on, the public has the right to oversee and be involved in the projects from the very beginning, which will represent no more ugly and unexpected surprises to the communities and society about the fate of their lands. From now on, their voices must be heard and considered, and the states will have to prove how the recommendations and decisions made by the public were included at the time of making the decisions.

Right of access to justice

The right of access to justice in environmental matters, demands from the signatory parties to adequate their domestic legislation with guarantees of respect to the principle of due process, implementing judicial and administrative mechanisms that allow the public to challenge and appeal any decision, action or omission that affect the exercise of the access rights or when any decision, act or omission may affect the environment or may represent a violation of the laws and regulations related to the environment.

As mentioned before, one of the agreement’s highlights is its provisions related to human rights defenders in environmental matters. Since it is the first binding agreement in the world that demands guarantees of safety and an enabling environment for persons, groups and organisations that work promoting and defending human rights in environmental matters.

In this aspect, the agreement calls for the implementation of adequate and effective measures to opportune intervene in the defence, protection and promotion of all the rights of human rights defenders in environmental matters, including ‘their right to life, personal integrity, freedom of opinion and expression, peaceful assembly and association, and free movement as well as their ability to exercise their access.’

Finally, the agreement encourages the implementation of its provisions through the creation and strengthening of the parties’ national capacities to take measures, meaning to train authorities, civil servants, judicial officials, national human rights institutions, jurists and the public in general in the access rights recognised by the agreement, and acknowledge the vital role that associations, organisations and groups play for raising public awareness in access rights.

“Mineria Amalfi 07” by Antropovisual is licensed under CC BY-SA 2.0 .

What is the future of the Escazú Agreement?

Although the ratification process of this ambitious agreement has been slow, given the lack of political will by the signatory parties, the Escazú agreement represents a landmark for the exercise of the Right to Say No since it provides a regional legal background in Latin America and the Caribbean in recognition of access rights whereby communities, groups and individuals can say no to mining projects and propose alternatives to it.

The Escazú agreement has a long way ahead and many obstacles to surpass before becoming a solid milestone for protecting communities’ access rights, which it cannot do alone. Therefore, the work now is raising public awareness of it, promoting its ratification by more states and monitoring its implementation with the aim of equipping communities with more legal mechanisms to exercise their right to say no to the current destructive economic system and encourage the recognition of the access rights and promotes its ratification for those states are still pending to do it and monitor its implementation in those states which already ratified it.

In Catapa vzw, we want to continue promoting the Right to Say No to mining and The Right to Say Yes to a sustainable way of living where communities can determine and overwatch the decisions related to their territories. Therefore, we want to show our support for the ratification and implementation of the Escazu Agreement, given its shared values with our campaign RTSN, where our fight for a better future without mining continues until our voices are heard.

This article has been written by Catapista Laura Carvajal.

Bibliography

Alternative Information & Development Centre. AIDC (2018). We want the Right to say NO! Alternatives to mining and extractivism. https://aidc.org.za/want-right-say-no/
Economic Commission for Latin America and the Caribbean (ECLAC) https://www.cepal.org/en/headquarters-and-offices/eclac-caribbean/about-us#:~:text=ECLAC%20conducts%20research%3B%20provides%20technical,the%20regional%20and%20subregional%20levels.
Escazú Agreement. https://repositorio.cepal.org/bitstream/handle/11362/43583/1/S1800428_en.pdf
Indigenous peoples. Free, Prior and Informed Consent. See https://www.fao.org/indigenous-peoples/our-pillars/fpic/en/#:~:text=Free%2C%20Prior%20and%20Informed%20Consent%20(FPIC)%20is%20a%20specific,of%20Indigenous%20Peoples%20(UNDRIP).
United Nations Declaration On The Rights of Indigenous Peoples (UNDRIP). See https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_E_web.pdf
United Nations Treaty Collection https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XXVII-18&chapter=27&clang=_en

Mining project Colpayoc: Gold or water? The last access to clean drinking water in Cajamarca

Friday 7th May, in the central Plaza de Armas, Cajamarca, communities and social organizations, including the Frente de Defensa Ambiental de Colpayoc, convened a press conference denouncing and rejecting the gold mining project Colpayoc, owned by the Canadian mining company Estrella Gold S.A.C that is being pushed forward in the province of Chetilla. Community leaders and environmental defenders from across the province claim they are not being included or heard in the process, and will take to the streets to defend their territories.

Protest December 2022 against the Colpayoc mining project. “Chetillanos rechazan proyecto minero”. Copyright: CONACIPE

The province of Chetilla is the one of the last remaining areas of indigenous quechua speakers in the region of Cajamarca, and is also the poorest province. According to the mining companies own assessment of the project, around 83% of the population within the area of impact earn less than 300/S (around 75 euros) a month. In addition, 33% of the population have not finished primary school, and 13% are illiterate. Clearly, this is a community that is extremely vulnerable to exploitation by mining companies and the state apparatus, promising jobs and economic development, as long as they sacrifice their right to clean drinking water for their children and animals on which they depend.

Een delegatie van JASS (Service and Sanitation Management Board) Ronquillo protesteert tegen Colpayoc, Persconferentie op Plaza De Armas, Cajamarca 7 mei 2023. Bron: CATAPA

The impact of Colpayoc could be catastrophic for the communities not only located in the immediate vicinity of the mine, but also those living nearby. 30% of the city of Cajamarca, some 150,000 citizens, depend on rivers originating within the Crisnejas and Jequetepeque river basins for clean drinking water.

Just recently in May, 27 people died in a gold mine fire in Arequipa. Gold mining also accounts for 38% of all global emissions of mercury, which causes debilitating long term illnesses amongst mine workers and local populations living within the vicinity.

Photo of the La Esperanza gold mine, Arequipa, Peru where 27 miners died in a fire this May 2023. Source: AFP

CATAPA supports the Right to Say No of the communities of Colpayoc. To solve the climate crisis, we must search for and implement just solutions that work in harmony with people and planet. We cannot continue sacrificing our right to water and breathable air for the profits of a few multinational mining companies that are intent on extracting maximum profits at all costs whilst destroying our communities and ways of life.

COLPAYOC WILL NOT BE EXPLOITED, WE WILL DEFEND COLPAYOC

Murder of environmental defender in Colombia: we demand justice!

We are sorry to share the news of the assassination of Johan Ferney Aguilar González. He was a Colombian environmental defender and also the son of Wilder Antonio Aguilar Rodríguez, who is a social leader and environmental defender in the neighborhood of Santa Filomena, municipality of Falan, Colombia.

Johan Ferney was killed on the 3nd of September, hours after a public hearing of the National Mining Agency, where both he and his father were present among 700 others. In the public hearing his father made a public complaint about death threats he had received prior related to the resistance against the mining project of Miranda Gold.

This tragic event is a direct attack on those who have fought tirelessly to defend their rights and their land against the interests of companies operating in the region. This act is a threat to defenders of territory and human rights and a warning to all those who oppose the interests of corporate powers.

Together with our Colombian partners we demand justice:

We demand an impartial investigation to be developed on this act of violence, in order to ensure that it does not go unpunished.
We demand that the environmental authorities, especially the National Mining Agency, sanctions all mining activities until guarantees of peace and protection are given to the entire community.
We make an urgent call to the local, regional and national authorities to provide protection and security to the leaders who are committed to the struggle for justice and the protection of their territory from powerful economic interests.
We ask the international community to demand from the Colombian government to protect the lives and personal integrity of the leaders and communities who fight to protect their territories.
We demand for the respect of human rights and the safety of those who dedicate themselves to the defense of their communities and the land that belongs to them.

CATAPA follows the case of Falan for a while now. Read here more about Falan, where multinational mining companies (among them Miranda Gold) are exploring the wider region to start with their big scale mining projects while environmental defenders are rising up to protect their lands. As described in this article with a focus on Falán, death treads are a common practice used by multinational mining companies to force a community to comply with their plans. We are disturbed and saddened that these death threats have been followed with the actual murder of Johan Ferney. With his death the people of Falan are suffering the enormous loss of a family and community member. We send our thoughts and strength to them.

📢 Catapa denounces the murder of the son of the territorial and anti-mining defender Wilder Aguilar. This event occurred hours after Aguilar made a public complaint about death threats related to the resistance against the mining project of Miranda Gold.https://t.co/5lHxcwOSui
— CATAPA (@CATAPA_Belgica) September 4, 2023

CATAPA celebrates the popular consultations in Ecuador

We are delighted to share the emphatic victories of the popular referendums in Ecuador. Last weekend’s consulta popular on the future of the Chocó Andino and Yasuní turned out to be a seismic event. The effort of local communities and campaigners led to results that demonstrate a path forward for popular democracy and the defence of culture and nature for generations to come across South America and the world.

In a truly landmark move, the people of Quito overwhelmingly voted to protect the Chocó Andino from metal mining – an average of 68% in favour of a future without mining across the four questions. In doing so, the people recognised the integrality of the Chocó Andino biosphere reserve – commonly known as ‘the lungs of Quito’ for sustaining life in the capital and beyond. The popularity of the Quito Sin Minería campaign demonstrates the support for an alternative vision for the area, based upon interdependence, respect and living in harmony with nature through a solidarity economy of agroecology and eco-tourism.

The success (with 59% of the vote) of the Yasuní referendum, is the result of more than ten years of fighting by organisations and collectives such as Yasunidos across three governments to hold a popular consultation on the protection of the national park from oil extraction.

Yasuní is one of the most biodiverse areas on the planet, and is home to the Waorani, as well as the Tagaeri and Taromenane – the last two remaining indigenous populations living in voluntary isolation in Ecuador. As a result of the consultation, Petroecuador will have one year to abandon oil extraction and leave the area. With this victory, the Ecuadorian people are paving the way forward for the popular defence of our planet against climate change, a path which we must all follow.

Both popular consultations were undeniably centred around an alternative vision for the organisation of Ecuadorian society and its relationship to nature. It would be a mistake to believe that the referendums solely fought for the democratic right of the people to say ‘No’ and reject extractivism. In reality, the campaigns also fought for their Right to Say ‘Yes’ to the Chocó Andino and Yasuní; to protect traditions, cultures, economies, and ways of living in harmony with nature that have existed long before multinational corporations entered these areas against their will with a proposal of “development and progress” that is incapable of sustaining life.

As CATAPA, we recognise that the struggle to protect the Chocó Andino and Yasuní does not end with the results of the popular referendums. The government of Guillermo Lasso must comply with its constitutional obligations and respect the will of the Ecuadorian people by immediately putting into action the dismantling of operations in Block 43-ITT, Yasuní. We support the statement of Yasunidos and will be closely following the situation as it develops.

We remain vigilant to ensure the will of the Ecuadorian people is respected and upheld, and that no mining or oil companies attempt to enter the regions and restart operations.

Would you like to contribute too?

Are you moved by what you read and wondering how you can contribute to this fight? One very real thing you can do today is making a donation to make the Right To Say No Andes gathering happen!

This gathering is the sixth edition of the partner exchange week of CATAPA in the fall of 2023 in Ecuador: This is a week of knowledge, concrete practical skill and strategy sharing between affected communities on preventing mining projects from entering and on dealing with the impacts of the presence of mining companies on their lands. The gathering strengthens communities in their local fight and forces bonds and alliances that ensure a united struggle to protect their Right To Say No to mining in the Andes region.

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Category: Right To Say No