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As a result of action and pressure from hundreds of concerned Canadians and dozens of human rights organizations, Canadian officials both in the Embassy in Bogota and in Canada have contacted the Colombia government and requested a review into the level of protection provided to human rights defender Lilia Solano. Please continue to express your concern about Lilia's safety and call for an immediate, impartial and thorough investigation into the perpetrators of threats against her and help bring them to justice. Every voice of concern helps protect Lilia and her colleagues.

See below to Take Action.

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KAIROS is deeply saddened and shocked to learn of the shooting of a community leader, Theodora Antonia Hernández Cinto, at her home in municipality of San Miguel Ixtahuacán in Guatemala.  Theodora has been actively involved in leading community resistance against large-scale mining in their region. She was shot in the head two weeks after President Colom declared the suspension of Marlin Mine operations, in compliance with a recent Inter-American Commission ruling. Other activists have also been threatened.  Just hours after the attack on Theodora, we received an urgent action alert from CEIBA, a KAIROS partners in Guatemala, calling for an international response.

(Theodora Antonia Hernández Cinto. Photo: COPAE, Diocese of San Marcos)

 Details of the attack are included below. (Please note that some documentation uses the name “Diodora”; this is because the pronunciation and spelling of Spanish names varies amongst Mayan Guatemalans, whose first language is generally Indigenous.)

This news is particularly disturbing as KAIROS recently hosted one of our Guatemalan partners, Naty Atz Sunc, in a visit to Canada in June. Another strong community leader and mining activist, Naty spoke passionately about the communities that have been resisting foreign-owned mining projects during the KAIROS speaking tour of Atlantic Canada and at a workshop at the G20 Peoples’ Summit in Toronto.  Her organization, CEIBA, offers training and support to community leaders like Theodora who are defending the rights of their communities and building alternative visions for the future.

We ask that you take the time to write a letter, announce this action in church, and keep Theodora, Naty and all human rights defenders in Guatemala in your prayers at this difficult time.

Please join KAIROS in sending faxes and emails to condemn this attack, demand a full investigation, and urge the Guatemalan state to take action on the community’s demands:

1. That the State take measures to protect the lives of human rights defenders, including an immediate investigation into this incident through the Attorney General's office.
 
2. That the representatives of the Human Rights Ombudsman's Office (PDH) and the Presidential Commission on Human Rights (COPREDEH) in San Marcos carry out their respective functions based on the rights of citizens and in line with the laws of the country regarding cases that affect human rights defenders.

3. That the State comply in full with the precautionary measures issued by the Inter-American Commission on Human Rights (IACHR), in favor of communities affected by the Marlin mine who are defending their human rights.

4. That the State guarantee respect for human rights, the national constitution, and international agreements related to the rights of Indigenous peoples.

A sample letter addressed to Guatemalan President Alvaro Colom is provided at the bottom of this message.

Further information

Amnesty International’s action and background information >>

Mennonite Central Committee delegation to the Marlin Mine and affected communities >>

MiningWatch Canada urgent action >>

Pastoral Commission on Peace and Ecology, Diocese of San Marcos, including video footage of Theodora >>

United Church of Canada’s Maritime Conference: Mining the Connections group >>

Further details of the attack

We received the following details about the attack from MiningWatch Canada:

On Wednesday, July 7th, 2010 at 7:30 PM in the small community San José Nueva Esperanza in the village of Maquivil, municipality of San Miguel Ixtahuacán, Ms. Diodora Antonia Hernández Cinto was shot. Two unknown young men showed up at her house asking for a place to stay. When they were refused housing, they asked to buy a cup of coffee. When Ms. Hernández went to give them their coffee, they shot her in the head near her right eye, causing significant blood loss. The two men ran off in the direction of San José Ixcaniche. Ms. Hernández was taken to the hospital in San Marcos and then to the Roosevelt hospital in Guatemala City, where she underwent surgery on June 11th. She is in stable condition, but the consequences of the gun shot are still unknown.

On the same night, at 11:30 PM a group of people arrived in the community to support Ms. Hernández. When they returned to their community Ágel, they heard gunshots approximately 50 metres from their homes.

So far neither the National Civil Police nor the Attorney General's office have begun the necessary steps to investigate the incident. An official complaint was filed in the Attorney General's office of San Marcos (#MP166-2010-2818) on July 8, 2010.

Ms. Diodora Antonia Hernández Cinto is part of a resistance movement against the human rights violations being committed by the company Montana Exploradora, the subsidiary of Goldcorp Inc that is operating the Marlin mine. She has been active in her community Sacmuj, where the company has extensive exploration interests and the inhabitants fear impacts on their natural water springs and the violation of their right to consent. She has been threatened a number of times for her participation in this movement.

Further background on the mine

Since 2005 Indigenous communities affected by GoldCorp’s Marlin mine have denounced mine-related human rights violations, impacts on their health, contamination of their water sources, and curtailed civil liberties. Among the most significant complaints is the violation of their right to free, prior, and informed consent, which is protected under international law in regards to projects developed on Indigenous lands.

On May 20, 2010, the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), issued precautionary measures to the Guatemalan government calling for the suspension of mining operations at Marlin to prevent possible negative impacts on the health of the communities as well as their access to water. The government was asked to take immediate measures to protect the lives of community members in the municipalities of San Miguel Ixtahuacán and Sipakapa.

On June 23, 2010 the Colom administration announced its commitment to comply with the precautionary measures and suspend mining operations at Marlin until the IACHR can rule on the merits of the petition filed by the communities.

The Guatemalan government must act immediately to guarantee the security of community leaders and their families. Members of the Front in Defence of San Miguel (FREDEMI) and other human rights defenders have reported an increase in threats against their lives since the State's decision to suspend the Marlin mine's activities. They fear acts of retaliation from mine workers and from the company.

Sample Letter (English below):

Estimado Sr. Presidente Alvaro Colom,

Escribimos con mucha preocupación por la situación actual en San Miguel Ixtahuacán, San Marcos. El 7 de julio la Señora Diodora Antonia Hernández Cinto fue baleada por dos hombres dentro de su casa a las 7:00 de la noche. Ella es conocida por su participación en la defensa de los derechos humanos ante la empresa Montana Exploradora/ Goldcorp Inc. y sus operaciones mineras en la mina Marlin. Es el primer ataque armado contra una activista anti-minera en este municipio.

Entendemos que el 23 de junio, el gobierno de Guatemala aceptó acatar las medidas cautelares emitidas por la Comisión Interamericana de Derechos Humanos. Aplaudimos esta decisión de la administración ya que muestra un respeto por los derechos humanos y las obligaciones internacionales de Guatemala. Sin embargo, es urgente y necesario que el gobierno cumpla con estas medidas lo mas pronto posible, y que tome medidas inmediatas para proteger a los pobladores en riesgo contra posibles represalias.

Urgimos una investigación inmediata y profunda sobre los hechos del ataque contra la Señora Diodora Hernández tanto como su acción inmediata para garantizar la seguridad de los defensores de derechos humanos en San Miguel Ixtahuacán.

Atentamente,

[su nombre]

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Esteemed Mr. President Álvaro Colom,

I write to express my concern regarding the current situation in San Miguel Ixtahuacán, San Marcos. On July 7, Ms. Theodora Antonia Hernández Cinto was shot by two men inside her home at 7:00 PM. She was known for her participation in the defence of human rights against the mining operations of Montana Exploradora/ Goldcorp Inc. This is the first armed attack against an anti-mining activist in this municipality.

I understand that on June 24 of this year the Guatemalan government accepted the precautionary measures issued by the Inter-American Commission on Human Rights (IACHR) and committed to suspending operations at the Marlin mine. We applaud this decision as a demonstration of respect for human rights and for Guatemala's international obligations. However, it is urgent and necessary that the government carry out these measures as soon as possible and take immediate steps to secure the lives of community members at risk of possible retaliation.

We urge you to carry out an immediate investigation into the attack against Ms. Theodora Hernández, and to take immediate action to guarantee the security of human rights defenders in San Miguel Ixtahuacán.

Sincerely,

[your name]

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PLEASE SEND TO:

Lic. Álvaro Colom
Presidente de la República [President of the Republic]
Casa Presidencial
6ª Avenida 4-18, Zona 1
Ciudad de Guatemala, Guatemala
Telefax: (502) 2221.4423 / (502) 2238.3579

WITH A COPY TO:

Embassy of Canada in Guatemala: Apartado Postal 400, Guatemala City, Guatemala, C.A. gtmla[at]international.gc[dot]ca  

Doctor Sergio Fernando Morales Alvarado
Procurador de Derechos Humanos [Human Rights Ombudsman]
12 Avenida 12-72, zona 1
Ciudad de Guatemala, Guatemala
Telefax: (502) 2424.1717
gmasariegos@pdh.org.gt/opdhg@intelnet.net.gt

Lic. María Encarnación Mejía de Contreras (interina)
Fiscal General de la República y Jefe del Ministerio Público [Interim Attorny General]
8ª Avenida 10-67, Antiguo Edificio del Banco de los Trabajadores, Zona 1
Ciudad de Guatemala, Guatemala
Telefax: (502) 2411.9124 / (502) 2411.9326
fiscalgeneral@mp.lex.gob.gt

Fiscalía Distrital de San Marcos [Attorny General's Office- San Marcos]
7a Avenida A 8-06, zona 1
San Marcos
Telfono: (502) 7760.4355, (502) 7760.1051
fdsanmarcos@mp.gob.gt

Lic. Rudy Castillo Ramirez
Auxiliatura de la Procuraduría de Derechos Humanos [Human Rights Office - San Marcos]
5ta Calle 7-34, Zona 2
San Marcos, Guatemala
Telefax (502) 7760-8087

Ruth del Valle
Presidenta de la Comisión Presidencial Coordinadora de la Política del Ejecutivo en materia de Derechos Humanos - COPREDEH [Presidential Commission for Human Rights]
2 Av. 10-50 Zona 9, Ciudad de Guatemala, Guatemala, C.A. 01009
Fax (502): 2334-0119
copredeh@copredeh.gob.gt

Canada’s Indigenous peoples, threatened human rights workers in Congo and Colombia, HIV-infected mothers in Malawi, and Pacific Islanders whose homes and livelihoods are being destroyed by rising waters due to climate change —are among the strong articulate voices unheard at the G8 and G20 this past weekend in Ontario.

Urgent global issues were ignored. Leaders of the world mobilized inadequate resources for maternal health. By focusing on deficit reduction without the implementation of a “Robin Hood Tax” on speculation, they ensured that the burden of the financial crisis will be borne by the very people most in need of pensions, health care and social services, rather than the financiers who created the crisis.

Ignored were the world’s poor people whose lives so dramatically depend on actions of the G8 and G20. Also ignored were the non-governmental organizations whose long relationships with partners in the South inspire advocacy calls on their behalf.

More than ten thousand peaceful protestors strove to reach out with their message of solidarity, justice and compassion and yet were sidelined as press and public focussed on a small minority who employed vandalism and violence. The enormity and overwhelming nature of policing this summit caused many who would have participated in a peaceful march to stay home out of fear. The massive number of arrests evokes public concern that those arrested may include peaceful demonstrators and bystanders, and raises important questions about Canadian civil liberties.

If the leaders of the world had tackled climate change, or implemented a tax on speculation, or mobilized the resources required to end premature maternal death, this might have begun to address the concerns over the immense financial and social costs of these events.

Now is the time to start over, raising the positive, life-saving messages of people and their organizations in Canada and overseas. We call on the media to focus on issues ignored this past weekend, that may help our country make decisions of hope that build a more just and peaceful global community.

When the House of Commons returns in September, one of the first things on the agenda will be Bill C-300, a private member’s bill designed to establish minimum standards for Canadian mining, oil and gas companies operating in developing countries. But what will be its fate? You may recall that it narrowly passed a second reading vote in April 2009, by a margin of 137-133. KAIROS firmly supports the bill and has been encouraging members of our network to show their support by writing to MPs.

After hearing damning testimony about Canadian mining abuses from witnesses in Canada and from abroad, the parliamentary foreign affairs committee was expected to review the bill and consider some amendments earlier this month. Liberal MP John McKay, who introduced the bill last year, was hoping to amend it to make it more palatable for some of his colleagues who appear to be sitting on the fence. However, efforts to amend the bill were thwarted when members who are opposing it filibustered and ran out the clock. It has now left the committee and will return for debate in the House in late September.

The autumn will be a critical moment for Bill C-300. If you speak to your Member of Parliament over the summer, be sure to ask him or her to support the bill and hold Canadian companies to account. [And please stay tuned for a more detailed urgent action alert from KAIROS in September.]

In these last days (and those to come), KAIROS collaborated with others to magnify the voices of our partners in the Global North and South—people affected by climate injustice. We did this in large part because there is no place for them in the inner circle of the G8/G20—they are excluded. But in this first national event of the TRC and in the national events and community events to come, there is a circle that strives to include. In these rare moments, the voices of those pushed to the margins of our society—oppressed by colonization and racism—are speaking. They have stories to tell and visions of a new covenant to share—a covenant between non-Indigenous and Indigenous in this land we call Canada. Some survivors still lack access to this process, and for far too many, it has come too late, their descendants required to put their truths of the parents and grandparents into words. And yet, still, and again in this unfolding process to come, Indigenous people will speak. The question to Canada is: are we listening?

I attended the first days of the Truth and Reconciliation, with many of our member churches, on behalf of KAIROS. The first National Event continues today and Saturday in Winnipeg. See www.trc.ca for more information.

Jennifer Henry is the Manager of the Dignity and Rights Team at KAIROS

The Lubicon certainly did not envision a scenario where their land rights would remain in limbo for almost a decade. In the meantime, licenses continue to be granted to allow resource extraction on the Lubicon’s traditional territory, without their free, prior and informed consent.

Amnesty International Canada notes that maps using government data “reveal that more than 2,600 oil and gas wells have been drilled on the territory, of which more than 1300 are currently active. The drilling is supported by a massive infrastructure of more than 2400 kilometres of pipeline and more than 4500 km of roads. Exploratory seismic cut lines 3 to 5 meters wide stretch over 32,000 km. Roughly 70 per cent of the territory has been leased for future development including in situ oil sands extraction.”

Finally, Amnesty notes, this development “has taken place without any treaty or other agreement with the Lubicon.”

 KAIROS supports Amnesty International’s call for a resumption of Lubicon land rights negotiations, and a halt to resource extraction activity on Lubicon land unless it has Lubicon consent. A fair and just resolution of the Lubicon land issue is necessary if the Lubicon are to benefit from their land and resource rights.

KAIROS encourages Canadians to read Amnesty’s report and to become aware of the decades-long struggle of the Lubicon Cree Nation to achieve government recognition of their basic and inherent Indigenous rights.

From homeland to oil sands: The impact of oil and gas development on the Lubicon Cree of Canada (PDF)

For more information, contact Ed Bianchi, Indigenous Rights program coordinator, at ebianchi[at]kairoscanada[dot]org or 613 235 9956 x 221