CLIMATE & ENVIRONMENT

Relocation Now, Mine-Affected Communities in the D.R. and their Allies tell Barrick Gold

As Barrick Gold prepares to hold its Annual General Meeting in Toronto tomorrow, Dominican communities impacted by the company’s Pueblo Viejo mine and their allies have issued an open letter to the company demanding immediate community relocation.

The letter from Espacio Nacional por la Transparencia en las Industrias Extractivas (National Space for Transparency in the Extractive Industry (ENTRE) and the Comité Nuevo Renacer, alleges grave harms to nearby communities’ health, livelihoods, and environment due to the mine’s operations. The letter also raises concerns about Barrick’s plans to expand the Pueblo Viejo mine––already one of the world’s largest gold mines–– including by constructing a new tailings dam. Dominican, Canadian, and U.S. based allies, including the Global Justice Clinic, signed on to the letter in solidarity.

Last month, communities affected by Barrick mines in Alaska, Argentina, the Dominican Republic, Nevada, Pakistan, Papua New Guinea, and the Philippines came together in a Global Week of Action, calling out the gap between Barrick’s rhetoric on human rights and its record. GJC works in solidarity with communities near Cotuí impacted by Barrick’s operations.

This post was originally published on May 1, 2023. 

CLIMATE AND ENVIRONMENT

Extraordinary Conditions

A Statutory Analysis of Haiti’s Qualification for TPS 1

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary. 

Since the U.S. government designated Haiti for Temporary Protected Status (TPS) in January 2010 after one of the world’s worst natural disasters, the country has undergone two additional catastrophes: the outbreak of cholera, introduced into Haiti’s waterways through reckless sanitation at a United Nations military base, and Hurricane Matthew, the strongest hurricane to hit Haiti in more than half a century. The Department of Homeland Security (DHS) designates countries for TPS in cases of ongoing armed conflict, natural disaster, or other extraordinary and temporary conditions that prevent the nationals of those countries who have emigrated from safely returning to their home country. The DHS redesignated Haiti for TPS in 2011, emphasizing the gravity of the damage that the earthquake had caused and the severity of one of the world’s worst cholera outbreaks. TPS has been extended for Haiti four times since redesignation. 

The conditions for which TPS is in effect remain, making it unsafe for Haitian nationals to return. These conditions include a housing crisis that has left families stranded in camps and in unsafe, makeshift shelters to this day; a cholera outbreak, sparked by United Nations troops just 10 months after the earthquake, which has caused nearly 10,000 deaths and more than 815,000 cases of illness—in a country of fewer than 11 million people; and a period of extreme hunger and malnutrition caused by drought and storms and exacerbated by the economic shocks of the earthquake and Hurricane Matthew. Matthew hit one of Haiti’s key food-producing areas. 

Although these events and conditions are extraordinary and harsh, they are temporary. The Haitian government has made impressive progress in reducing the number of cases of cholera and resulting deaths. As of 2017, Haiti finally has an elected president and a full parliament, for the first time since 2012. 

This report presents the extraordinary conditions in Haiti that prevent nationals from safely returning today. This report also discusses the unique political moment in which Haiti finds itself—a moment which contributes to the country’s challenges with stability and security, impeding its ability to safely receive its nationals. But it also shows where progress has been made, demonstrating that the conditions described here—while together constituting a pressing social and public health crisis—remain temporary.

CLIMATE AND ENVIRONMENT

Rhetoric vs Record: Communities Call out Barrick for Falling Short on Human Rights

Representatives of communities impacted by Barrick Gold’s mining operations claim the company systemically ignores their concerns. Despite President and CEO Mark Bristow’s claim that “recognizing and respecting human rights have long been a fundamental value” for the company, people living near Barrick operations in the Dominican Republic, Argentina, Tanzania, Papua New Guinea, the Philippines, Pakistan, and the United States tell a different story.

As Barrick prepares for its Annual General Meeting on May 2nd, frontline communities are launching a Week of Action from April 11-16 calling out the gap between Barrick’s rhetoric and record. They claim oppressive violence, perpetual water pollution, violations of Indigenous Rights, and destroyed livelihoods. Their experiences call Barrick’ social license to operate into question.

These community leaders are calling on Barrick to turn its rhetoric into reality: to listen to their demands, act transparently, and remedy the harms they have already experienced. Below are their statements.

“Barrick’s proposed Donlin Gold mine puts the Yup’ik and Cup’ik ways of life in harm’s way for the rest of time. Our people rely on our river and fish for food security and risking contamination with toxic slurries stands against our traditional values, which is shown with wide Tribal opposition to the Donlin project. I encourage Barrick to revoke their investment in Donlin Gold and the exploratory efforts 35 miles away. Barrick and partners do not have a social license or a relationship with the Tribes and it is important to understand for-profit Native corporations do not represent our people. Barrick does not have our consent.”

This post was originally published as a press release on April 11, 2023. 

The Global Justice Clinic partners with social movements and community organizations to prevent, challenge, and redress economic, racial, and climate injustice, while training the next generation of social justice lawyers. Statements of the Global Justice Clinic do not purport to represent the views of NYU, if any.

Earthworks is dedicated to protecting communities and the environment from the adverse impacts of mineral and energy development while seeking sustainable solutions.

MiningWatch Canada works toward a world in which Indigenous peoples can effectively exercise their rights to self-determination, communities must consent before any mining activities may occur, mineworkers are guaranteed safe and healthy conditions and there is effective access to justice and reparations for mining harms.

CLIMATE & ENVIRONMENT

Protect Human Rights Defenders and Peasants Facing Land Grabs

Haitian Human Rights Defender Milostène Castin Submits Communication to UN Special Rapporteur on Human Rights Defenders

On November 18, 2022, Global Justice Clinic client and colleague Milostène Castin submitted a formal communication to the Special Rapporteur on Human Rights Defenders, Mary Lawlor. 

The communication and supporting affidavit presents the threats that Mr. Castin has received against his life as a result of his solidarity and activism with peasants—subsistence farmers—including those who have been victim to forced, and often violent, takings of their land. It requests that the Special Rapporteur send an urgent appeal to the Haitian Government regarding Mr. Castin’s case. The submission was made on November 18th in recognition of the Battle of Vertières, which marked the victory of the enslaved population of Haiti overthrowing Napoleon’s army.

Mr. Castin is the Coordinator for AREDE, Action pour la Reforestation et la Defense de l’Environnement (Action for Reforestation and Defense of the Environment) and has collaborated with the Global Justice Clinic for the past ten years. Mr. Castin has tirelessly defended the rights of peasants in rural Haiti, documenting and challenging land seizures and forced displacement. He has also spoken forcefully about the impacts of extractivism and the climate crisis on peasant communities, for example presenting on environmental racism and climate (in)justice in Haiti at NYU in October 2022, at an event to mark the launch of former Special Rapporteur on contemporary forms of racism E. Tendayi Achiume’s final thematic report.

Mr. Castin has been attacked and intimidated due to his work for many years. The Global Justice Clinic works with Freshfields Bruckhaus Deringer to represent Mr. Castin in relation to the threats against him.

Mr. Castin held a press conference in Haiti to coincide with his submission to the Special Rapporteur and to call attention to the ongoing threats to peasant rights in Haiti, particularly land grabs and extractivist projects. He continues to call on Haitian authorities to respect and protect the rights guaranteed by the Haitian Constitution of 1987, the United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas, the International Convention on Economic, Social, and Cultural Rights, and the Universal Declaration on Human Rights.

CLIMATE & ENVIRONMENT

Global Justice Clinic Stands in Solidarity with Indigenous Peoples’ Demands at COP27

The Global Justice Clinic stands in solidarity with our partners, the South Rupununi District Council, and the broader International Indigenous Peoples’ Forum on Climate Change, also known as the Indigenous Peoples’ Caucus (IPC) as they attend COP27 to advocate for the respect of Indigenous rights in the fight against climate change.

In its opening statement at COP27, the IPC drew attention to the dire impact that the climate crisis has on Indigenous Peoples. The statement, delivered by youth representative Nourene Ahmat Yaya, states that “[c]limate change is a matter of life and death . . . [G]lobal temperatures are increasing, threatening genocide for Indigenous Peoples in Africa, the Arctic, Coastal, Small Islands, and all other ecosystems.” The statement asserts the inherent, collective, and internationally recognized rights of Indigenous Peoples to life, self-determination, territories, and free, prior, and informed consent.

The IPC highlights the need for full and direct participation of Indigenous Peoples in UNFCCC processes and in State actions to combat climate change.   The statement calls on States to include clear indicators for drastic reductions of greenhouse gas emissions in their Nationally Determined Contributions to maintain the Paris Agreement’s 1.5-degree global average temperature increase commitment, noting that the Paris Agreement commits states to respect and promote their obligations to Indigenous Peoples when taking steps toward climate action.

The Global Justice Clinic has a long-standing partnership with the South Rupununi District Council (SRDC), the representative body of the indigenous Wapichan people of Guyana. The Wapichan people are the traditional inhabitants of the Rupununi region of southwestern Guyana. They model sustainable relationships with the earth and practice stewardship of their land as a central tenet of their collective identity. The SRDC has repeatedly asserted the importance of land rights and self-determination in furthering the Wapichan people’s ability to continue their traditional way of life, and to ensure the transmission of customary values between generations.

As such, the Global Justice Clinic supports Immaculata Casimero, Alma O’Connell, and Timothy Williams, SRDC representatives attending COP27, in demanding that the Guyanese government fulfill its obligations to grant legal recognition of the Wapichan territory and recognize the Wapichan people’s contribution to combating the global climate crisis. The SRDC’s effective management and continued protection of Wapichan territory is hindered by national policy that does not recognize their rights to their full territory.

The Global Justice Clinic also joins the IPC and Indigenous rights advocates in underscoring the risks that voluntary carbon markets and the sale of  ‘ecosystem services’ pose to Indigenous Peoples’ rights. These market-based climate solutions risk undermining Indigenous Peoples’ land rights and allowing parties in the Global North to continue exploiting the world’s natural resources without meaningfully contributing to real emissions reductions. The Global Justice Clinic echoes the SRDC’s concerns over the lack of meaningful free, prior, and informed consent in engaging villages over Guyana’s Low-Carbon Development Strategy, which aims to use voluntary carbon markets to become a leader in climate change.

We call on governments at COP27 to listen to Indigenous Peoples. We continue to echo the IPC’s demands for swift action to truly reduce emissions and honor the rights and knowledge of the Indigenous caretakers of our planet.

This post was originally published as a press release on November 18, 2022.