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APA calls for halt to mining at Chinese Landing

Some of the equipment the miner was trying to get into Chinese Landing (APNU photo)

he Amerindian Peoples Association (APA) has called on the Ministry of Natural Resources and the Guyana Geology and Mines Commission (GGMC) to immediately halt mining operations associated with miner Wayne Vieira at Chinese Landing, Region One, saying they are violating the community’s land rights and undermining an ongoing mediation process.

In a statement, the APA condemned what it described as a recent mining “incursion” into the village’s titled lands and expressed solidarity with Toshao Nikita Miller, councillors and residents who have been engaged in a standoff over the movement of heavy equipment into the Tassawini backdam.

“The current standoff in Chinese Landing highlights the level of desperation faced by the community, and the lengths to which they must go to secure their land and the future of generations to come,” the organisation said.

Kiskadee Watch reported that residents on August 21 blocked access to the Tassawini backdam after heavy-duty mining equipment was transported into the area without prior notice to, or permission from, the Village Council.

The council said residents observed at least nine excavators, two bulldozers and several dredge engines being transported on barges. The equipment was believed to be registered to Vieira, who holds four disputed medium-scale mining permits covering areas within the village’s titled lands.

According to the APA, the Village Council and Vieira had entered mediation facilitated by the GGMC. It said the movement of equipment into the area without the council’s knowledge or consent had undermined that process.

“The Village was not informed of developments regarding Vieira’s access to the mining area, nor did the CLVC give consent for him to continue gold mining in the Tassawini area,” the APA said.

It added that “a mediation process cannot be expected to continue in good faith” while activities opposed by the village are continuing.

Chinese Landing received title to its lands in 1976. The title was reissued in 1991 under the State Lands Act and the community received a Certificate of Title in 2018 following the demarcation of its boundaries.

Vieira received his first prospecting and mining permits in the area in 1998 and entered an agreement with the Village Council. According to the APA, mining operations became a source of sustained conflict after the parties failed to renew the agreement in 2004.

Further attempts to negotiate a new agreement in 2009 were unsuccessful, but mining continued in Tassawini without the council’s consent, the association said.

The APA alleged that mining activities have polluted waterways, destroyed farms and hunting grounds and disrupted traditional livelihoods. It also cited reports of threats and violence against residents, increased mercury levels and health complaints, including rashes, vomiting and diarrhoea.

It said intensified mining has increased the turbidity of waterways and affected the Barama River, creating health concerns not only for Chinese Landing but also for neighbouring communities, including Kariako, Kokerite and Koriabo.

The APA argued that the State’s response contravened Section 48 of the Amerindian Act and Section 80 of the Mining Act, which it said protect the right of Indigenous communities to consent to or refuse medium-scale mining on their lands.

It also cited Articles 142, 149G and 154A of the Constitution, which concern property rights, the protection of Indigenous peoples and the application of international human rights agreements.

The dispute has been the subject of litigation for years. In 2017, the Caribbean Court of Justice ruled that the GGMC did not have the authority under the Mining Regulations to issue a cease-work order against Vieira for an alleged breach of the Amerindian Act.

The APA stressed that the ruling did not validate Vieira’s permits or invalidate Chinese Landing’s title. It accused the government of failing to address the legislative gap identified by the court.

The community has separately pursued litigation over its substantive land claims and is awaiting a decision from the Court of Appeal.

In 2023, the Inter-American Commission on Human Rights issued precautionary measures in favour of the residents. It called on the State to protect their rights to life and personal integrity, consult the community on measures to be adopted and investigate the incidents that prompted the intervention.

The APA said the latest developments were inconsistent with those measures and had placed residents at increased risk.

“We are calling on the government to take immediate action to halt these operations, uphold the rights of Chinese Landing, and find a peaceful resolution between the parties that protects the rights-holders while not impeding their livelihood,” it added.

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