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Letter to President Vicente Fox Quesada
October 21, 2005
TO: President Vicente Fox Quesada
President of Mexico
Re: Concerns regarding the Mexican operations of Metallica Resources
Inc.
Dear President Fox,
KAIROS: Canadian Ecumenical Justice Initiatives is a coalition
of 11 churches and church-based organizations in Canada with longstanding
relationships with human rights organizations in Mexico. We are
writing at this time to express our grave concern about recent developments
related to Canadian Mining Company, Metallica Resources Inc. through
its subsidiary (MSX) and the negative impacts this is having on
the historic community of Cerro de San Pedro, San Luis Potosi.
In March 2005, I participated in a KAIROS church leaders delegation
that visited the community of Cerro de San Pedro where we met with
concerned residents and members of the FAO (the Broad Opposition
Front). As you know, the FAO is a group of concerned citizens and
civil society organizations that has been working together to prevent
MSX from going forward with its project. The community has told
us that they, as the authentic landholders/ community members, have
not granted their consent for this project to go ahead. Moreover,
we were concerned to hear that the proposed open-pit gold mine would
destroy historic landmarks, flora and fauna unique to the region,
and contaminate the nearby state capital’s water supply. For
over ten years, the FAO has utilized every possible judicial proceeding
to make their case, including a decisive victory in May 2005, which
should have ended the ongoing dispute in the favour of community
members.
Yet, the opposite appears to be happening. KAIROS is greatly alarmed
to hear that on October 12 - in the midst of conflicting court rulings
- Minera San Xavier (MSX) detonated 100 kg of dynamite in the area
of Zapatilla, not far from the centre of Cerro de San Pedro. The
explosion blasted earth 80 metres into the air, destroying unique
desert vegetation (biznagas bicentenaria) protected by numerous
legislations and shaking the 17th Century historic buildings in
Cerro de San Pedro.
This blasting contravenes the state decree (Sept 23, 1993) which
clearly recognizes Cerro de San Pedro and the surrounding area (including
the area of the explosion) as a protected site for at least twenty
years because of the unique flora and fauna in the region. The decree
outlaws any activity, clearly including preparatory blasting, that
would lead to changes in the subsoil. The decision of the Ministry
of National Defence (SENDENA) to renew the explosives permit in
the Zapatilla area shortly before this blasting took place - despite
the existence of this state law - is therefore unacceptable, both
legally and morally.
Moreover, we are concerned about reports that the National Institute
of Anthropology and History (INAH) appears to have granted MSX permission
to move forward despite a pending petition for Cerro de San Pedro
to be named a UNESCO World Heritage Site. As you know, this petition
only lacks the signature and political will of the Governor to be
recognized.
We agree with community members that these latest court developments
and events are contradictory and illogical, given the existing state
law and the evidence of the impact that the proposed mining operation
would have on the community, the historic site and the fragile bio-diversity.
These actions appear to undermine the independence and integrity
of the Mexican court system.
We refer to the Office of the United Nations High Commissioner
on Human Rights extensive report, “Diagnostic on the Human
Rights Situation in Mexico” that details problems within the
Mexican judicial system and “encourages the profound transformation
of the justice system.” It calls for “the powers pertaining
to the Judicial Branch of the Federation (to) encompass the jurisdictional
entities that lie under the power of the Executive Branch, including
labour, administrative, agrarian and military courts.” Given
these concerns, articulated by the highest international human rights
body, the United Nations, we believe that the decade-long legal
proceedings in this case need to be scrutinized by impartial authorities
such as the OAS Inter-American Commission on Human Rights to ensure
that the elijido owners’, community’s, and FAO representatives’
rights have not been violated.
We are also concerned about reports of increased repression and
violence on the part of state security forces and police against
community members and the FAO. In a recent demonstration, 5 members
of the FAO were injured and 20 were arrested as they participated
in a peaceful demonstration against the mining operation. We particularly
draw attention to the case of Martin Faz who was beaten on September
30 while video taping the demonstration. As well, we understand
that MSX has launched defamation cases against 20 members of the
FAO. We see this as an effort to intimidate FAO members and infringe
on their right to dissent , and to protest, in other words to full
freedom of expression and association. Their testimonies give witness
to emerging human rights violations that must be urgently addressed.
As Canadians, we are outraged that these violations continue tarnishing
Canada’s international reputation. We have written to the
Canadian government calling for binding obligations for Canadian
corporations abroad, to ensure their accountability to Canadian
standards regarding the need for community consent, as well as the
need for respect for internationally recognized human rights and
environmental standards. If these norms were upheld in Canada and
in Mexico, we are convinced that Metallica Resources Inc., through
its subsidiary MSX in Cerro de San Pedro, would have been obligated
to stop its operations long ago.
There is ample evidence and documentation that MSX is operating
against the rights of the community and against the environmental
standards and laws of Mexico. We therefore call on the Mexican government
to act responsibly and ensure that Metallica Resources Inc (through
MSX) does not go ahead with its operations until:
- The decade-long legal proceedings in this case are fully investigated
by impartial legal entities and a determination made as to their
validity. IACHR (Inter-American Commission on Human Rights) could
be the body.
- The explicit consent of the elijido community landowners, embodied
in the FAO, is received in respect of the principle of Free, Prior,
and Informed Consent.
- An independent human rights impact assessment, agreed to by
both Metallica and FAO, is undertaken and completed
- An independent environmental impact assessment, agreed to by
both Metallica and FAO, is undertaken and completed.
- A full investigation into what is preventing government officials
from determining this site as a World Heritage site. An investigation
into the recent INAH decision and its implications regarding the
historic value of this area, which because of its near UNESCO
status, is of global concern.
- The rights of community members and FAO to dissent and to protest,
in other words to full freedom of expression and association,
are respected.
Thank you for your attention to this urgent case. We anxiously
wait to hear what measures you will take to ensure that Metallica
Resources Inc. does not go ahead with operations at this time.
Yours sincerely,
(Fr.) Paul Hansen, C.Ss.R
Chairperson,
CC: Governor Marcelo De los Santos Fraga
Gobernador del Estado de San Luis Potosi
Fax: 011 52 444 812 5787
Email:
aalvarez
Ambassador Gaëtan Lavertu,
Canadian Ambassador in Mexico
Fax: 011-52-55-57-24-79-85
Email:
Gaetan.lavertu
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