Canada: Oil sands and ongoing Indigenous Peoples’ health rights violations

Difficulties in accessing clean water under international human rights standards are increasing for Indigenous communities globally. Mining operations are a leading cause of water contamination in many Indigenous territories. This is true for the Indigenous Q’eqchi Peoples of El Estor, located on the shores of Lake Izabal in Guatemala.  

Lake Izabal’s basin, in north-west Guatemala, forms the Dulce River (Rio Dulce) which discharges into the Caribbean Sea. It is the largest lake in Guatemala and a primary source of food and water for communities surrounding it. El Estor is predominantly a Q’eqchi Maya community that depends heavily on the lake for their livelihoods. Indigenous leaders concerned about its contamination continuously petition the state to stop the pollution. However, their efforts have historically been met with violence and disregard for the rule of law.  

Q’eqchi fishers, known as the Fishermen’s Guild, count on Lake Izabal for their livelihood. The President of the Fishermen’s Guild, Cristobal Pop, reports that their fishing livelihood is seriously threatened by the contamination of the lake, and the alarming rate of algae bloom and fish-kill events. High concentrations of heavy metal pollution (cadmium, lead, zinc, chromium and nickel) is caused by intense mining in the region. Operations began in the region in the 1960s without the consent of the Indigenous Peoples and continue to be a primary source of contamination to this day. Tests carried out on the lake as early as 2004 confirm that out of the various metal pollutants found in Izabal’s waters, nickel and chromium are the most dominant.  

Nickel mining is being conducted by the Fenix Project, a subsidiary of a Swiss-based corporation known as Solway. The company has obtained mining rights to 36.2 million tons of nickel ore reserves with 1.86 per cent nickel, as well as the rights to an additional 70 million tons of resources within its licence area, making this one of the largest nickel mines in Central America. The project also encompasses a power plant and a metal processing facility.  

Members of the Fishermen’s Guild note that in 2017 the lake turned red. The culprit was wastewater discharged directly into the lake by the mining company. The fishermen made several attempts to get support from the government in an effort to stop the contamination, however, their efforts were met with violence. Members of the fishing community staged a peaceful demonstration in May 2017, during which the national police fired bullets at protesters. A member of the Fishermen’s Guild, Carlos Maaz Coc, was killed. Pop claims that while local authorities took samples to test the water quality, the data was never made public because the results would be damning. The Fishermen’s Guild commissioned an independent study, with test samples sent to Germany and Mexico. Results confirmed contamination by heavy metals.  

Another member of the Fishermen’s Guild, Olga Che, reports that the local authorities blame the community for contamination of the lake, instead of holding the mining company responsible. Che insists that everyone in the community knows that the mining company uses the lake for its operations and discharges wastewater directly into Lake Izabal. Che explains that pollution in the lake has had a serious effect on the communities, especially in terms of the negative impact on health and sanitation. Che says: ‘We have got sick from eating fish and drinking contaminated water, but when we go to the government hospitals they won’t release our medical information to us. They tell us that it’s just a virus.’  

Che believes that contamination is also responsible for the loss of biodiversity, including dwindling local fish stock. She recounts that the mining company introduced a new fish known as ‘Pez de Diablo’ (Devil’s Fish) to replace the disappearing native fish species. Che says: ‘The new fish is an invasive species. People don’t eat it; it has crocodile skin and it tries to bite people. We have never seen this type of fish before. They placed the fish in the lake to appease the fishing community, but this fish eats the local fish making it even harder to find local fish, and harder for us fisher people to continue our livelihood.’

Guatemala’s Supreme Court found in 2019 that the Fenix Project was operating illegally as it had failed to consult the affected Indigenous communities in accordance with the International Labour Organization (ILO) Convention No. 169. While the court ordered a suspension of the mining licence, pending a consultation, the mine continued to operate in direct contravention of the rule of law.

Indigenous rights advocates organized a blockade in October 2021 to try to stop illegal mining operations. The government responded on 24 October 2021 by imposing a state of siege lasting 30 days, which suspended important rights and freedoms. Arrest warrants were issued against organizers, including Cristobal Pop, who was imprisoned and later released on condition that he does not leave his community. Despite this, Indigenous leaders continue their advocacy efforts. 

On 26 April 2022, the Constitutional Court confirmed once again that the Fenix Project was operating illegally. The mining company has since gathered sympathizers. After holding meetings with supporters outside of El Estor, it has deemed that consultations have been carried out, which justifies, according to the company at least, its ongoing operations. The Fishermen’s Guild and other community leaders contest these ‘consultations’, arguing that they do not meet international human rights standards under ILO Convention No. 169 or the UN Declaration on the Rights of Indigenous Peoples, especially Indigenous peoples’ right to free, prior and informed consent. What is more, members of the Fishermen’s Guild maintain that the consultations were conducted in bad faith. Having exhausted all other options, local leaders have taken the matter before the Inter-American Court on Human Rights. This time, they are demanding that the government recognize their communities’ collective title to their traditional lands as well as their sovereignty over the natural resources. The plaintiffs’ lawyers began presenting their case before the court in February 2022. While the ruling for the case of Indigenous Community of Aguas Caliente v. Guatemala, is pending at the time of writing, the affected communities continue to hope for a favourable decision affirming their rights.  

Mining has proven harmful to the Indigenous peoples of El Estor, resulting in water pollution, loss of livelihoods and violence. ‘We want the global community to see the sustained harmful effects mining pollution has had on Indigenous peoples. The global community must pressure the government of Guatemala to uphold the ruling of the courts and protect the rights of its Indigenous peoples,’ says Che. Pop adds: ‘We are criminalized and vilified when we assert our rights. However, we have no choice but to defend our waters for our children and their futures.’ He concludes: ‘We need the global community to hold multinational extractive companies accountable for the destruction of the environment and the violation of the rights of Indigenous peoples.’

Photo: Juan Ixim, a Q’eqchi Mayan fisherman, paddles his boat on Lake Izabal. Behind him, mining activity by CGN-Pronico has left deep scars on the Sierra de Santa Cruz mountain range. Izabal, Guatemala. Credit: James Rodriguez/Panos Pictures.