Livelihoods, health under threat as miners’ grip on Chinese Landing tightens
He added that they also related that when the concession was granted to Vieira in 1995, the village was not consulted although it had a functioning council at the time.
“Then free prior and informed consent was never applied and this is something the government boasts about that free prior and informed consent is being applied to indigenous communities but we learn in our case that it was not so,” he lamented.
Just before the Toshaos Conference, Minister of Housing and Water Collin Croal visited the community and held a meeting with residents there. All of the mining issues were raised along with other concerns to which he promised to have the government address. However, according to residents they have not heard nor seen the minister again.
The residents there also expressed that they feel as though they have been forgotten not by just the government at large but particularly by Minister of Amerindian Affairs Pauline Sukhai. They lamented that while she is tasked with representing their rights and being their voice in government, there has been little or no communication from her regarding the situation.
Even at the conference, she did not seek to engage the leaders nor call for their cause to be addressed.
“I lose hope again but not in a sense of giving up or anything but knowing that even though the government is there and they have been asked to do certain things in our favour, it is like I can say to a certain point is like they didn’t check in on us or are concerned to fix anything,” the toshao said.
The villagers reported that Minister Sukhai visited the community once and that was several years ago. They said that during an engagement with her at a forum, the minister was wholly unaware of the development in the village as well.
“She [Sukhai] told me that it is better for the people of Chinese landing to get an agreement than for the people to live in [tar]paulin camps and I didn’t answer her. A person from APA [Amerindian Peoples Association] answered her and told
her that minister what you are saying there was then, today go back Chinese Landing and see what is taking place,” Fernandes explained.
Sunday Stabroek attempted to reach Sukhai and Bharrat but was unsuccessful.
Buyout
In August of 1999, the Village Council at the time entered into an agreement with Vieira where he was permitted to mine on its land in exchange for 1% royalty. However, Vieira continually breached the agreement and it was terminated on April 27, 2004.
According to Fernandes, back then the village leaders did not understand their rights. He said that they mostly spoke the Carib language so that also served as a barrier.
Deputy toshao Millington told Sunday Stabroek that she was a teacher in the village at the time and would attend most of the meetings. While at one of those meetings with Vieira, he was there attempting to exchange the royalty for the renewal of the agreement.
She explained that she was part of a workshop for the revision of the Amerindian Act and was fairly knowledgeable of the rights granted under the law and it was then that she stood up and objected.
“I say man I can’t allow this to go just like that. You know just to allow them to continue riding these people in this sort of manner and then I start answering them at that said meeting because like he [Vieira] brought in some royalties and he brought a document telling them [Village Council] if you sign this document, I will give you this money and it was like a buyout.
“It was like you don’t sign this document, you don’t get this money and I became so angry. I stand up and I said that money you are bringing there, they don’t have to sign that document [because] by right that is their money because that is the royalty that you have already worked and they don’t have to sign that document and if you want to leave that money, you will leave it but they are not signing that document and that is where everything started,” Millington explained.
She said after that she went on to serve as toshao and has been on several Village Councils while advocating for the rights of Chinese Landing. The village never entered into another agreement with Vieira.
According to toshao Fernandes, Vieira still owes the community unpaid royalties from the agreement. He added that they would not explore another agreement with Vieira and would prefer access to their own lands.
He added that the issue could have been resolved a long time ago if the previous councils were knowledgeable about their rights and stood their ground against the invasion.
The community of Chinese Landing remains adamant that the government issued the mining permits in contravention of the laws and they should be revoked. However, they are also aware of the government’s refusal to revoke the permits.
“It doesn’t look like this will be an issue of the past because for sure you can’t fight the government and it’s the government that is in power [the PPP/C] that sold the land. And if over the years they wanted to do something even, if it was a genuine mistake on their behalf, they would have done it. I have seen from the beginning when [former Prime Minister] Sam Hinds was in charge of mining, I have seen [former Minister of Natural Resources] Robert Persaud – for him he tried. I [also saw] now Vice President, he was president at that time, Jagdeo and all of those people and if they always know that this was an issue and if there was any genuine concern then since then they would have tried to fix it,” vice toshao Millington said.
She also said that the miners operating in the village boast about their connections to the government and they are supported by the Police.
For now, the community of Chinese Landing is waiting to see what the next step that UNCERD recommends and is also hoping that government can act. They have also written to CERD, after the July 15 deadline set for government to respond to the CERD, informing that no action has been taken by the government.