On Monday August 29th, Melini and Maldonado received anonymous threatening letters at their office. The threats were made following a presidential candidates’ debate on oil and mining issues in Guatemala convened by CALAS and moderated by Melini. CALAS has also recently denounced an attempt by the Guatemalan government to illegally approve a license for gas exploitation in an important Guatemalan protected area called “Punta de Manabique”.
Violence and tensions in Guatemala have intensified in the run-up to the country’s presidential elections on September 11. Large-scale mining operations in particular have been the source of protest, violence, and human rights violations since the early 2000s.
CALAS has sought to promote informed debate about the costs and benefits of oil and mining in the country and to promote greater respect for the rights of indigenous communities.
In 2009, Melini was seriously wounded in an assassination attempt. “I won’t be intimidated by these threats,” Melini said in a statement. “I will continue the struggle to defend human rights and protect Guatemala’s environment.”
Oxfam America has provided financial support to CALAS since 2005. The organization is a key partner in the global Right to Know/Right to Decide campaign for reform of the extractive industries.
“The ongoing threats against Yuri Melini and other human rights and environmental activists in Guatemala are completely unacceptable,” said Keith Slack, manager of Oxfam America’s oil, gas and mining program. “All Guatemalans have a right to express their opinion about mining and other kinds of development activity without fear of threats or violence.”
Oxfam America calls on the Guatemalan government to ensure Yuri Melini’s and Rafael Maldonado physical safety and to thoroughly investigate the origins of these threats.
Update - October 28, 2011During August and September 2011, Oxfam America supporters sent more than 12,000 emails to the president of Guatemala in support of Yuri Melini. On October 4, Melini sent the following letter in response to this outpouring of support :
"On behalf of the Guatemalan Center for Legal, Social and Environmental Action (CALAS) I would like to profoundly thank Oxfam America for its demonstration of solidarity and support, particularly for the urgent action carried out by the offices in Central America (CAMEXCA) and Washington, DC on behalf of Rafael Maldonado, our legal coordinator and myself, in the face of death threats of which we were the targets last August.
We sincerely appreciate the support that Oxfam’s supporters provided us, as well as actions by the president of Oxfam America, such as the letter sent to the US Ambassador in Guatemala, which demonstrated the interest and concern for our security and physical safety and that of the entire CALAS team.
This action and the other gestures were a strong backing and support to our work as human rights defenders and to our work in defense of the rights of communities to be informed and to decide on extractive industries in their territories, particularly because these activities put at risk the environment and communities’ present and future quality of life.
Sincerely,
Dr. Yuri Gionvanni Melini, Director General, CALAS"
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Since the “precautionary measures” were issued by the IAHRC one year ago, mining has continued at the Marlin Mine, run by Goldcorp, despite local concerns about pollution and negative effects on the culture of 18 different Maya communities near the mine.
“The affected communities care the most about three fundamental things: water, the forest, and soil,” says Yuri Melini, Director of the Center for Environmental, Social and Legal Action (CALAS), speaking at a public event in Guatemala City. “They depend on these resources to live.”
People in communities near the Marlin Mine, in the western highlands of San Marcos, are reporting problems with access to drinking water and pollution, displacement from farming land, and threats and intimidation directed at people who openly criticize the mine.
Lack of action on the part of the government to comply with the precautionary measures led a delegation of representatives from civil society groups, including residents of San Miguel Ixtahuacán, the site of the Marlin Mine, to meet with the Minister of Energy and Mining Alfredo Pokus. “The Ministry of Energy and Mining has found no legal basis upon which to suspend the mine,” Pokus reported, and added that his ministry “is very concerned about the situation and has placed a delegate to supervise the area, 24 hours a day.”
"Oxfam is urging the government of Guatemala to comply with the precautionary measures,” says Juliana Turqui, Oxfam America’s program officer based in Guatemala. “The government had proven unable to control the negative impacts of mining activity, or prevent greater damage to the local population. We think that the suspension of the mine will alleviate the tense situation, and will help to guarantee better living conditions, security, and of protection of the human rights of the people in San Miguel Ixtahuacán.”
Sign our petition, which we will hand deliver to the Guatemalan Government.
]]>"El Salvador is a country with one of the highest rates of femicide (the killing of women) in the world, according to the United Nation’s Population Fund,” said Carolina Castrillo, director of Oxfam America’s Central America, Mexico, and Caribbean regional office. In fact, over the past three years, the number of femicides in El Salvador has increased from 28 to 46 a month.
That is one reason why, on Nov. 25, legislators voted to approve (by a 75-9 margin) the Special Integral Law for a Life Free of Violence for Women. "The penalty for femicide will be between 30 and 50 years of imprisonment," said Mariela Pinto, chair of the Committee for Family, Women and Children’s Affairs in the legislative assembly. The new law also provides penalties—such as fines and jail sentences—for other crimes, such as pornography, psychological abuse, and negative or hateful messages.
An important and innovative aspect of this new law is that it addresses gender-based violence from a prevention perspective and broadens the definition beyond domestic violence. (Gender-based violence also can occur in public spaces, workplaces, etc.) Effective January 1, 2012, the law will be binding in the public sphere, such as ministries and the media. This means government institutions, such as the Ministry of Education and the Ministry of Public Health, as well the Public Attorney’s office and the National Prosecutor’s office will be bound by law to do their part in the prevention of violence against women and children.
"Some institutions already are taking steps in this direction," says Mélida Guevara, program coordinator for Oxfam America’s gender program in the region. "For our Campaign for the Prevention of Gender Violence [an initiative of Oxfam America in collaboration with nine Salvadoran organizations], the Ministry of Education is a very important ally, in incorporating gender-based violence and its prevention within school curricula.”
“We also signed an agreement with the Sub-Ministry of Local Development,” she continues. “This coming year, we will bring theater and performance art, as well as training in basic gender concepts and the prevention of gender-based violence, to communities within which the ministry already works. But it takes much more coordination effort and work to change habits, roles, and beliefs. If we talk about a culture of prevention, we talk about changing the way we have been doing things for decades, even centuries. And that entails a long process, in which we all have to do our share.”
The new law is a product of two different proposals, one of which the female assembly members authored. These members participated in an intensive certificate course on gender-based violence, another initiative of the Campaign for the Prevention of Gender Violence. The Feminist Alliance, an alliance of several Salvadoran feminist organizations in El Salvador, authored the other proposal. The assemblywomen’s proposal stressed prevention; the proposal from the Feminist Alliance stressed penalization. The proposals complemented each other and came to make one multi-faceted law—a major victory for Salvadorans.
“This is a remarkable achievement,” said Guevara. “The Campaign’s certificate course for the assemblywomen, which resulted in the proposal, dates from 2008. It required constant work with the assemblywomen and their advisors from all the different parties. First, the women themselves had to be sensitized and find each other in a cause that goes beyond ideology. Then, as the course went on, we could see them become more and more committed, and start to advocate for gender equity as part of all the government bodies in which they take part.”
Over, the coming year, Oxfam America and its local partners will be among many civil society organizations working on a widespread education effort to teach Salvadorans, civil society, and government players about the law’s contents and the sort of conditions that need to be created to make effective implementation possible.
]]>This paper was produced by organizations working in the affected countries or advocacy groups with a long-standing commitment to resolving the LRA threat: Broederlijk Delen, Cafod, Christian Aid, Conciliation Resources, Cordaid, Danish Refugee Council, Internal Displacement Monitoring Centre, Intersos, Norwegian Refugee Council, Oxfam, Pax Christi Flanders, Peace Direct, Refugees International, Resolve, Society For Threatened Peoples, Tearfund, Trocaire, War Child UK, World vision.
]]>For four days, participants exchanged their experiences using "Getting It Right," a dynamic tool developed by Canada-based Rights & Democracy. Designed especially for communities and their support organizations, the tool enables teams to conduct HRIAs of private investment projects, such as infrastructure projects, agro-industry, dams, extractive industries, and other initiatives.
This report summarizes key lessons learned and recommendations from participants, based on their pilot experiences in Bolivia, Columbia, Ecuador, Peru, the Philippines, and the United States.
]]>The International Labour Organization (ILO) is calling on President Álvaro Colom to suspend operations at the Marlin Mine in the western highlands. The ILO’s Commission of Experts told the government that it should “suspend exploitation” until it can provide information for a review under way concerning the social, spiritual, cultural, and environmental impact of the Marlin mine on local Maya people. (See the Report of the Committee of Experts on the Application of Conventions and Recommendations, pp. 769-770.)
The same report (p. 781) urged the government of Peru to suspend mining exploration and operations affecting indigenous people until “until such time as the participation and consultation of the peoples concerned is ensured through their representative institutions in a climate of full respect and trust.”
The review is part of the government’s responsibility under the ILO’s Convention Concerning Indigenous and Tribal People in Independent Countries (known as ILO Convention 169).
In addition, the UN’s Committee on Elimination of Racial Discrimination (CERD), in its 76th session in Geneva urged the government of Guatemala to take action to support the human rights of indigenous people affected by mining: “It was recommended that Guatemala put in place adequate mechanisms, in conformity with the United Nations Declaration on the Rights of Indigenous Peoples and International Labour Organization Convention No. 169, to ensure effective consultation with communities that could be affected regarding projects for the exploitation and development of their natural resources, with the objective of obtaining their prior informed consent.”
These statements reaffirm the importance of free, prior and informed consent (FPIC) of the indigenous people of Guatemala. Local communities--especially indigenous communities--have to be informed in a timely manner about development projects and should have the opportunity to approve (or reject) a project before it starts.
Oxfam America works with national organizations to inform communities about the possible effects of mining projects in their communities and their rights to FPIC. “The reports and the recommendations of ILO and CERD reconfirm the importance and the validity of the demands of the indigenous people in Guatemala affected by mining, and the importance of consulting with these communities,” affirms Andrés McKinley, program officer for Oxfam America in Central America. “In the absence of these fundamental rights, mining in Guatemala will continue to threaten peace and sustainable development in the country.”
]]>The Canadian organization Rights and Democracy has developed an assessment tool that communities can use to answer these questions for themselves. The system is called the “Getting it Right” Human Rights Impact Assessment tool, and is designed so that local organizations and citizens can, with minimal training, carry out their own study of how their basic rights -- such as free speech, water, safe working conditions, shelter, and education -- are affected by the actions of governments and companies establishing mines, agricultural operations, factories, or oil and gas pipelines.
“A lot of companies will do an impact assessment on their operations, using an outside consultant, but these don’t always do much for the stakeholders in the community, or promote accountability,” says Chris Jochnick, director of Oxfam America’s private sector program. “Helping community members conduct their own human rights assessment strengthens their capacity to examine their situation, frame their issues, and engage with a company or government,” he says. “We think this will produce a more robust and balanced assessment than one done by outsiders.”
The Rights and Democracy assessment tool helps people document how their rights are supposed to be protected under national law, and the actual effects of an investment project on these rights. It helps community leaders create a team, plan out the work and specific rights to assess, carry out surveys and community consultations, validate findings, write reports, and meet with companies and governments to urge action to address the problems uncovered in the assessment.
Rights and Democracy commissioned five assessments to test the system starting in 2005. One of them looked at the effects of a metal refinery on women’s rights in La Oroya, Peru, concentrating on the rights to water, health, adequate housing, and working conditions. It was done by the Centro de Promoción y Estudios de la Mujer Andina. The organization concluded that lack of enforcement of environmental rules by the state was one of the main contributors to the poor public health situation in the city. The report also cites lack of commitment by the Doe Run Peru SRL company to improve the environmental performance of the plant.
“By looking at the health problems in La Oroya through a woman’s eyes, this assessment helped uncover a pattern of children’s and reproductive health issues that was clearly connected to lead poisoning,” says Gabrielle Watson, Oxfam America’s planning and learning specialist who helped develop the assessment tool with Rights and Development.
Oxfam America is helping two organizations carry out a Human Rights Impact Assessment. One is related to a proposed natural gas operation in Bolivia where the Centro de Estudios Aplicados a los Derechos Economicos, Sociales y Culturales (CEADESC) will carry out the study with local Guaraní indigenous communities that were denied their right to be consulted about the gas exploration activities in their territory. The other case concerns tobacco pickers in the United States, and will be carried out by the Farm Labor Organizing Committee (FLOC). FLOC will look at efforts by migrant and undocumented farmworkers to improve working conditions on tobacco farms.
Watson says the human rights assessments will help people take control of the type of development carried out in their name. “Local people are the experts about human rights impacts of private investment projects in their communities. This tool puts them in the driver’s seat in the search for safer, more equitable outcomes that are good for everyone.”
]]>Here are Rankin's opening thoughts about the project—and about a place in which he has found "the basic, beautiful business of life."
I first visited the DRC with Oxfam in June 2008. I expected to be depressed. I had done my homework; the statistics were horrific. I could only imagine what the human face of those statistics would look like. The people I met confounded my expectations. I met fathers, mothers, children... all getting on with life, making it through, even having a laugh and a joke. These people didn't see themselves as victims, despite the bad hand that fate had dealt them. They were human beings, exactly the same as you and me.
I wanted my portraits to do something different. The West has been anesthetized to traditional pictures of disaster zones. My style of portraiture is always about bringing people out of themselves, getting them to share something. I chose to photograph the people against a stark white background instead of in their physical environment. The expressions in their eyes and on their faces—their humanity—was what I wanted people to notice and relate to.
It didn't seem morally or politically right to just go and take pictures. So I decided to put on a show in the refugee camp, and give the people prints of their portraits. Give them something back. It was incredible. One guy said to me, 'This photograph is amazing. I wanted to let you know that I will use it on my coffin when I die.' No-one has ever said anything so moving to me.
The overriding feeling I had while I was out in the DRC was one of anger and powerlessness. That taking a few snaps was inconsequential in the face of the insurmountable problems that were being faced there. But when I got back, we put on an exhibition. I pushed the images, did press interviews, raised awareness. I believe that it made a difference to the people I met.
I was inspired to return to the DRC in October 2009. I didn't want to do the same thing as I had done the year before and, as on my first trip, I felt that it was important and right to give something back. So this time I held photographic workshops. I gave out cameras so that the people could have authorship over their own images—show us what was important in their lives. The collection of shots from my second trip builds on those from the first one, but focuses on the relationships that bind people to each other—a mother's love for her child, a husband's love for his wife, two friends. The basic, beautiful business of life.
I hope that these photographs can aid understanding. They are neither ugly images of brutality, nor sentimental images of suffering. The world needs a more sustainable form of imagery that, instead of encouraging pity and powerlessness, promotes understanding, connection, and ultimately action. It's about making people accessible to each other."
]]>Unfortunately, not all indigenous groups participating in these working groups felt that the discussions were productive. AIDESEP, a long-time Oxfam America partner and one of the largest federations representing indigenous peoples in Peru’s Amazon, has withdrawn from the dialogue process, citing lack of progress and reluctance on the part of the government to accept its share of the responsibility for the violence in Bagua.
While indigenous people and the government struggle to continue a meaningful dialogue, the Indigenous Federation of Madre de Dios (known as FENAMAD) has been objecting to the presence of Hunt Oil of Texas in the Amarakaeri Communal Reserve (RCA), part of the 3.5 million-acre Block 76 oil concession located in the Madre de Dios region in southeastern Peru. FENAMAD contends that Hunt Oil could be playing indigenous communities against each other to gain access to their lands. “The current strategy of the US company Hunt Oil is to negotiate directly with the members of each native community and seek to divide them and provoke open confrontation among the brother indigenous people within each community,” FENAMAD is saying in a memorandum.
There is a real danger this could emerge as the next flashpoint in a disturbing stream of conflicts between communities and oil and mining companies in Peru. The Peruvian Ombudsman Office estimates that of the 273 social and environmental conflicts in Peru in the first six months of 2009, 80 percent were related to extractive industry projects. (In 2008 there were 123 social and environmental conflicts in the same period.)
FENAMAD and other indigenous federations are insisting that foreign oil, gas, and mining companies must attain the free, prior, and informed consent from communities before they can enter any indigenous lands such as the Amarakaeri Communal Reserve. The right of free, prior, and informed consent is a right of indigenous peoples established under international law, and requires free access to full information (including independent analysis of project proposals), adequate time for a community decision free of pressure and coercion, and the option to reject a proposal--or accept under certain conditions.
The failure of oil, gas, and mining companies to gain appropriate access to communities with natural resources limits Peru’s ability to benefit from revenues it needs to help the approximately 50 percent of its population now living in poverty.
The legislature gave Peru’s President Alan Garcia broad powers to promote economic competitiveness through decrees last year, saying it was necessary to adapt legislation to comply with new requirements of the Peru-US Free Trade Agreement. Indigenous federations and many civil society organizations have strongly protested the possible consequences of these laws for the Amazon rainforest and indigenous lands, as well as the fact that they were adopted without transparency or genuine consultation. Some of these legislative decrees were rescinded following violent confrontations last June, but many are still in force.
Oxfam America's campaign—called the Right to Know, Right to Decide—aims to arm local citizens with the information they need to weigh the costs versus the benefits and decide whether to provide consent for the projects to move forward.
“There is a potential for this confrontation to escalate to violence,” says Emily Greenspan, Oxfam America’s policy advisor who monitors oil and gas projects in Peru’s Amazon. “Companies seeking to operate in any areas need to attain the free, prior, and informed consent of communities. Those that appear to be forcing their way into communities risk serious conflict, as we have seen in the recent past.”
]]>Sarpong had moved here in 1984. He and his wife had raised six children on this farm. “It used to be lively here,” he said. “We lived as a family, and we had everything: goats, sheep, fowl—everything.”
They had used water from a stream running next to their home, now diverted by the waste rocks. Sarpong had sent his family away to live with relatives since they no longer had drinkable water. The AngloGold Ashanti mining company had offered Sarpong money for his farmland and trees in 2004, but he’d decided it was not enough and refused to move. He and about 35 others had formed an organization called Concerned Farmers’ Association of Teberebie to fight the terms of the compensation agreement, and they brought their case to Ghana’s courts. Although all the other members of the Concerned Farmers’ Association had moved off their farms, Sarpong had remained on his, awaiting the legal judgment.
As the case dragged through the courts, this past summer there was a legal decision that shocked Sarpong: a judge granted an eviction order, and AngloGold moved in and demolished what was left of the Sarpong homestead before his lawyer could file an appeal. According to a press release from Oxfam America’s partner WACAM, an environmental and human rights organization in Ghana, his dwellings were destroyed and all his property was seized, a violation of Ghana’s Minerals and Mining Act.
Sarpong is now living in WACAM’s office in Tarkwa, a 20-minute drive from Teberebie. He is 65 and has no home or means to make a living. WACAM’s executive director Daniel Owusu-Koranteng, says the court order to demolish Sarpong’s farm “shows how corporate power could erode our democratic structures and render our judicial system liable to corporate influence.”
The legal system in Ghana is slow—as in many countries—but it does not help the Concerned Farmers’ Association that the date slated for a judgment in their case came and went in August with no decision. The judge, it seems, happened to retire just before the ruling was due. A new judge has been assigned to the case.
When I got Sarpong on the phone in Ghana in August, he was happy to say hello but honored his lawyer’s advice not to discuss the case. Paul Ahornuy, who works for WACAM in Tarkwa, says the demolition of Sarpong’s houses created a furor in Ghana. Ahourny says it will take more time before the case in Teberebie can be resolved, but that “this is a human rights issue, and we need to support them in their struggle.”
]]>In practice, however, US-supported SSR efforts often continue to focus primarily on training and equipping military and police forces, especially in connection with counter-insurgency and counter-terrorism operations. This paper looks at the implementation of US-supported SSR programs, and particularly at how they have integrated protection of civilians. The paper identifies current gaps between global standards of good practice—with which US doctrine and principles increasingly conform—on the one hand, and actual US practice in the field on the other. Oxfam believes that protection of civilians must be a cornerstone of US foreign policy, so effective links between SSR and protection must be present in practice as well as in principle. The paper concludes by offering legislative and policy recommendations that can help ensure that US-supported SSR serves as an instrument of protection.
]]>The recommendations, written by a group of national and international non-governmental organizations including Oxfam International, Cooperation Centre for Afghanistan (CCA), and Sanayee Development Organization (SDO), also call for the protection of civilians and securing the rights of women.
Mary Akrami, head of the Afghan Women’s Skills Development Centre (AWSDC), said: “Life expectancy is still only 43 years and in many areas the rate of maternal mortality is the highest in the world. Half of all schools in Afghanistan don’t have buildings. The country needs more health workers, more teachers, and better infrastructure. Afghans are desperate to see improvements in all these areas.”
Grace Ommer, head of Oxfam in Afghanistan, said: “Our recommendations are ambitious, given the increasing violence in Afghanistan. But they are not impossible. Over the last eight years, Afghanistan has made significant progress, enrolling more than six million children in primary school and expanding access to healthcare by 40 percent.”
“Positive change can happen in Afghanistan, but there must be political will in Kabul and long term support from the international community.”
The report suggests ensuring government appointments are made on merit and that human rights and criminal records are thoroughly checked. Access to equitable justice remains limited and despite modest improvements in the Afghan National Police, the force needs more reforms such as better oversight and improvements in pay.
Mirwais Wardak, Program Director for Cooperation for Peace and Unity (CPAU) said: “Afghans overwhelmingly want their government to deliver basic services and maintain law and order. But too much waste and inefficiency and a lack of access to justice has frustrated Afghans and undermined confidence in the government.”
The organizations called for international donors to improve transparency and provide complete information to help the Afghan government track and coordinate foreign aid, which funds around 80 percent of its budget.
Dr. Hamid Saljuqi, Director of Coordination of Humanitarian Assistance (CHA), said: “The Afghan government faces immense challenges in making aid money work more effectively. Too often, aid delivery is opaque or distorted by the conflict, rather than being spent according to need. Donors should provide complete information about the aid they give and devote more funds to long-term projects that are aligned with the Afghan National Development Strategy.”
As the Afghan National Security Forces start to take on more military operations, protecting civilians should also be a priority for the new government. There should be more checks and balances to prevent abuses and to investigate abuses when they do occur. An autonomous forensic unit should be set up to address allegations that pro-government forces have killed or injured civilians.
The recommendations highlight the progress made for women since the fall of the Taliban while noting that many of these fragile and limited gains are in serious danger of being reversed. Oxfam said the government should secure the rights of women enshrined in the Afghan constitution. For example, by fully enforcing the Elimination of Violence Against Women act, which criminalizes rape and provides greater protection for female survivors of violence.
"Memo to the President: Key Recommendations to the Next Afghan Government."
]]>Here are just two examples:
“The killing of civilians has become commonplace in modern conflict” says Raymond C. Offenheiser, President of Oxfam America. “Levels of impunity and lawlessness in conflict zones throughout the world have reached crisis levels.”
Violations of the laws of war are committed by governments and non-state actors, including terrorist and rebel groups. Many government forces are not equipped to protect civilians, or make decisions based on political considerations that endanger innocent people. And the United Nations Security Council has failed to take effective measures to protect millions of people in conflicts.
Oxfam America is working actively to promote more respect for international humanitarian law like the Geneva Conventions, and is recommending the following measures:
Zelaya intended to hold a public opinion poll the day he was arrested. The poll was to determine if there could be a referendum to create a new constitution. Hours after the coup, the congress named Roberto Micheletti interim president.
Since then, the country has entered a political crisis that could affect other countries in the region. Citizens are holding protest marches all over the country, and social movements are criticizing the coup and demanding respect for the constitution. The interim government has suspended five constitutional rights: the right to protest; freedom in one's home from unwarranted search, seizure and arrest; freedom of association; guarantees of due process while under arrest; and freedom of movement in the country.
Much of the international community (including El Salvador, Nicaragua, Guatemala, the Organization of American States (OAS), the United Nations, and the European Union) condemns the coup and insists on the reinstatement of Zelaya and the restoration of political and social order. The OAS suspended Honduras's right to participate in this international body as long as Zelaya is not restored to the presidency.
Zelaya attempted to fly back into the country on July 4th, but the military blocked the runway as hundreds of thousands of people marched to Tegucigalpa's international airport to welcome him. One man was shot and killed, and 10 were wounded by the army.
Instability in Honduras is affecting the programs Oxfam is supporting in the country. These include helping small-scale farmers to increase their production, and better sell their crops in national and regional markets. Oxfam also supports organizations that protect women victims of violence, and disaster risk reduction projects that help communities to prepare for and better withstand natural disasters like earthquakes or hurricanes.
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