Peru
20.04.01
Urgent Interventions
Peru: Assasination in the Department of Piura of an Opponent to a Mining Project of the Canadian Company Manhattan Minerals
Case PER 190401. ESCRC
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Peru.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Associacion Pro Derechos Humanos (APRODEH), a member of OMCT network, that Godfredo Garcia Baca, an agricultural leader opposed to the implementation of a mining project in the San Lorenzo and Tambogrande valley of the Piura Department, was assassinated on March 31st 2001. Although the circumstances surrounding the assassination remain unclear, the information received suggests a strong link between Godfredo Garcia Barca’s opposition to the above-mentioned mining project and his assassination.
According to the information received, Godfredo Garcia Baca was the founder and the president of the Associacion de Productores del Valle (Valley Producers Association), as well as a member of the organisation Frente de Defensa de Tambogrande (Tambogrande Front of Defence), and of the Comite Directivo Regional del Foro Ecologico Region Piura (Committee Director Regional of the Ecological Forum for the Region of Piura). It is reported that these three organisations actively oppose the Canadian company Manhattan Minerals’ mining project.
According to the information provided, the Canadian company Manhattan Minerals has been trying, since 1997, to establish a mining project in the San Lorenzo and Tambogrande valley of the Piura Department. The local population strongly opposes this project, given its negative socio-environmental impact. Godfredo Garcia Baca was a prominent leader of the movement opposed to the mining project proposed by Manhattan Minerlas.
It is reported that on February 27th 2001, a protest was organised by the Frente de Defensa de Tambogrande, which included more than 4000 agricultural workers. During the demonstration the company’s premises and machinery were burned. The leaders of the Frente de Defensa de Tambogrande, who had called for a pacific protest, accepted that they could not control the demonstrators.
According to the information received, the Bishop of the Piura Department, following the strong social protest against the company’s activities, publicly asked Manhattan Minerals to pull out of the area, while at the same time the Mayor of Tambogrande was reviewing the municipal permit to authorize mining exploration.
Background Information on the Mining Project
It is reported that in 1999, the administration of President Alberto Fujimori declared that the exploitation of mines in Tambogrande represented an issue of public concern. In the present case, considerations of public concern, under the Peruvian legislation, would allow the expropriation of the land belonging to the communities and farmers of San Lorenzo and Tambogrande valley.
According to the information received, the Manhattan Minerals mining project would comprise the exploitation of three mineral deposits and of an open mine. The project would first start to exploit the open mine, also named TG1, located directly below the town of Tambogrande, part of whose population of 20’000 individuals would have to be displaced. It is also reported that the exploitation of this site would require approximately 26 millions litres of water per year, mainly provided by the San Lorenzo Reservoir. Given that the San Lorenzo and Tambogrande valley are located in the middle of a desert, where water is scarce and remains insufficient to meet the requirement of agricultural production, the diversion of water for the mining exploitation would strongly damage the 45’000 hectares of fruit and agricultural production which constitute the main source of revenue for most of the population living in the area. It is also reported that the mining exploitation, will have a strong environmental impact notably in term of the desertification of the zone due to the high velocity of wind that would carry dust from the mines to nearby areas.
With regard to the Government Environmental Assessment of the Manhattan Minerals mining project, it is reported that the Ministry of Power and Mines, the body in charge of the assessment, remained silent for a period of sixty days following the submission of the project. According to the procedure, this absence of observations or objections allowed the Canadian company to pass the Environmental Assessment.
In terms of employment, the mining project is expected to create approximately 500 employment posts with a length of exploitation estimated up to 15 years. In comparison, the agricultural sector gives employment to approximately 37’243 inhabitants of the San Lorenzo and Tambogrande valley.
Action Requested
Please write to the Peruvian authorities urging them to:
i. guarantee an immediate investigation into the circumstances of the assassination of Godfredo Garcia Baca, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate reparation to Godfredo Garcia Baca’s family;
iii. Guarantee the physical and psychological integrity of for the opponents to the Manhattan Minerals mining project;
iv. guarantee respect for the economic, social and cultural rights of the inhabitants of the San Lorenzo and Tambogrande valley;
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights and ILO Convention 169.
Please also write to the Canadian authorities urging them to:
i. ensure that the activities of the Manhattan Mineral company do not negatively impact on the respect for all human rights, including economic, social and cultural rights as guaranteed by international human rights instruments.
Addresses
Presidente Valentín Paniagua Corazao, Plaza de Armas s/n, Lima, Peru, Telephone of the Chief of Information of the Governmental Palace - Pedro Benavides: 4270993, Telephone of the Chief of the Press of the Government Palace - Mario Razzeto: 4260362
Presidente del Congreso de la República, Carlos Ferrero Costa Plaza Bolívar - Av. Abancay s/n, Lima, Telephones: 4260662 - 4260769
Ministro de la Presidencia, Emilio Navarro Castañeda, Av. Paseo de la República 4297, Miraflores, Telephone: 2223666, e-mail: webmaster@pres.gob.pe
Presidente del Consejo de Ministros , Javier Pérez de Cuéllar, Av. 28 de Julio N° 878, Miraflores, Telephones: 4470833 – 4469800, www.pcm.gob.pe, e-mail: postmast@pcm.gob.pe
Ministro del Interior, Antonio Ketín Vidal, Plaza 30 de Agosto, Córpac s/n San Isidro,Telephones: 2242388 / 225-0202 / 225-0402 / 4752995
Defensor del Pueblo, Walter Albán, Jr. Ucayali Nº 388, Lima 1 – Perú, Telephones: 4267800 - 4262395 – 4262183, Fax: 4267889, http://www.ombudsman.gob.pe/
Fiscal de la Nación, Nelly Calderón, Avenida Abancay, 5ta. Cuadra, s/n. - Cercado de Lima, Perú, Fax: 4264429 , e-mail: webmaster@djlim.mpfn.gob.pe, http://www.mpfn.gob.pe/
Prime Minister: M. Jean Chrétien, Cabinet of the Prime Minister, 80 Wellington Street, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0A2, Fax: (613) 941-6900, E-mail: pm@pm.gc.ca
Minister of Industry: Mr. Brian Tobin, Postal Address: C. D. Howe Building, East Tour, 11th Floor, 235 Queen Street, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0H5, Fax: (613) 992-0302, E-mail: tobin.brian@ic.gc.ca
Minister of External Affairs: Mr. John Manley, Postal Address: Lester B. Pearson Building, Tour A, 10th Floor, 125 Sussex Drive City of Ottawa Province of Ontario, Canada, Postal Code: K1A 0G2, Fax: (613) 9963443, E-mail: manlej@parl.gc.ca
Minister of Commerce International: Mr. Pierre Pettigrew, Postal Address: Lester B. Pearson, Building, Tour B, 5th Floor, 125 Sussex Drive, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0G2, Fax: (613) 996-8924, E-mail: pettip@parl.gc.ca
Geneva, April 19th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONCERN
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Peru.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Associacion Pro Derechos Humanos (APRODEH), a member of OMCT network, that Godfredo Garcia Baca, an agricultural leader opposed to the implementation of a mining project in the San Lorenzo and Tambogrande valley of the Piura Department, was assassinated on March 31st 2001. Although the circumstances surrounding the assassination remain unclear, the information received suggests a strong link between Godfredo Garcia Barca’s opposition to the above-mentioned mining project and his assassination.
According to the information received, Godfredo Garcia Baca was the founder and the president of the Associacion de Productores del Valle (Valley Producers Association), as well as a member of the organisation Frente de Defensa de Tambogrande (Tambogrande Front of Defence), and of the Comite Directivo Regional del Foro Ecologico Region Piura (Committee Director Regional of the Ecological Forum for the Region of Piura). It is reported that these three organisations actively oppose the Canadian company Manhattan Minerals’ mining project.
According to the information provided, the Canadian company Manhattan Minerals has been trying, since 1997, to establish a mining project in the San Lorenzo and Tambogrande valley of the Piura Department. The local population strongly opposes this project, given its negative socio-environmental impact. Godfredo Garcia Baca was a prominent leader of the movement opposed to the mining project proposed by Manhattan Minerlas.
It is reported that on February 27th 2001, a protest was organised by the Frente de Defensa de Tambogrande, which included more than 4000 agricultural workers. During the demonstration the company’s premises and machinery were burned. The leaders of the Frente de Defensa de Tambogrande, who had called for a pacific protest, accepted that they could not control the demonstrators.
According to the information received, the Bishop of the Piura Department, following the strong social protest against the company’s activities, publicly asked Manhattan Minerals to pull out of the area, while at the same time the Mayor of Tambogrande was reviewing the municipal permit to authorize mining exploration.
Background Information on the Mining Project
It is reported that in 1999, the administration of President Alberto Fujimori declared that the exploitation of mines in Tambogrande represented an issue of public concern. In the present case, considerations of public concern, under the Peruvian legislation, would allow the expropriation of the land belonging to the communities and farmers of San Lorenzo and Tambogrande valley.
According to the information received, the Manhattan Minerals mining project would comprise the exploitation of three mineral deposits and of an open mine. The project would first start to exploit the open mine, also named TG1, located directly below the town of Tambogrande, part of whose population of 20’000 individuals would have to be displaced. It is also reported that the exploitation of this site would require approximately 26 millions litres of water per year, mainly provided by the San Lorenzo Reservoir. Given that the San Lorenzo and Tambogrande valley are located in the middle of a desert, where water is scarce and remains insufficient to meet the requirement of agricultural production, the diversion of water for the mining exploitation would strongly damage the 45’000 hectares of fruit and agricultural production which constitute the main source of revenue for most of the population living in the area. It is also reported that the mining exploitation, will have a strong environmental impact notably in term of the desertification of the zone due to the high velocity of wind that would carry dust from the mines to nearby areas.
With regard to the Government Environmental Assessment of the Manhattan Minerals mining project, it is reported that the Ministry of Power and Mines, the body in charge of the assessment, remained silent for a period of sixty days following the submission of the project. According to the procedure, this absence of observations or objections allowed the Canadian company to pass the Environmental Assessment.
In terms of employment, the mining project is expected to create approximately 500 employment posts with a length of exploitation estimated up to 15 years. In comparison, the agricultural sector gives employment to approximately 37’243 inhabitants of the San Lorenzo and Tambogrande valley.
Action Requested
Please write to the Peruvian authorities urging them to:
i. guarantee an immediate investigation into the circumstances of the assassination of Godfredo Garcia Baca, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee adequate reparation to Godfredo Garcia Baca’s family;
iii. Guarantee the physical and psychological integrity of for the opponents to the Manhattan Minerals mining project;
iv. guarantee respect for the economic, social and cultural rights of the inhabitants of the San Lorenzo and Tambogrande valley;
v. guarantee the respect of human rights and the fundamental freedoms in accordance with national laws and international human rights standards such as the International Covenant on Economic, Social and Cultural Rights and ILO Convention 169.
Please also write to the Canadian authorities urging them to:
i. ensure that the activities of the Manhattan Mineral company do not negatively impact on the respect for all human rights, including economic, social and cultural rights as guaranteed by international human rights instruments.
Addresses
Presidente Valentín Paniagua Corazao, Plaza de Armas s/n, Lima, Peru, Telephone of the Chief of Information of the Governmental Palace - Pedro Benavides: 4270993, Telephone of the Chief of the Press of the Government Palace - Mario Razzeto: 4260362
Presidente del Congreso de la República, Carlos Ferrero Costa Plaza Bolívar - Av. Abancay s/n, Lima, Telephones: 4260662 - 4260769
Ministro de la Presidencia, Emilio Navarro Castañeda, Av. Paseo de la República 4297, Miraflores, Telephone: 2223666, e-mail: webmaster@pres.gob.pe
Presidente del Consejo de Ministros , Javier Pérez de Cuéllar, Av. 28 de Julio N° 878, Miraflores, Telephones: 4470833 – 4469800, www.pcm.gob.pe, e-mail: postmast@pcm.gob.pe
Ministro del Interior, Antonio Ketín Vidal, Plaza 30 de Agosto, Córpac s/n San Isidro,Telephones: 2242388 / 225-0202 / 225-0402 / 4752995
Defensor del Pueblo, Walter Albán, Jr. Ucayali Nº 388, Lima 1 – Perú, Telephones: 4267800 - 4262395 – 4262183, Fax: 4267889, http://www.ombudsman.gob.pe/
Fiscal de la Nación, Nelly Calderón, Avenida Abancay, 5ta. Cuadra, s/n. - Cercado de Lima, Perú, Fax: 4264429 , e-mail: webmaster@djlim.mpfn.gob.pe, http://www.mpfn.gob.pe/
Prime Minister: M. Jean Chrétien, Cabinet of the Prime Minister, 80 Wellington Street, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0A2, Fax: (613) 941-6900, E-mail: pm@pm.gc.ca
Minister of Industry: Mr. Brian Tobin, Postal Address: C. D. Howe Building, East Tour, 11th Floor, 235 Queen Street, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0H5, Fax: (613) 992-0302, E-mail: tobin.brian@ic.gc.ca
Minister of External Affairs: Mr. John Manley, Postal Address: Lester B. Pearson Building, Tour A, 10th Floor, 125 Sussex Drive City of Ottawa Province of Ontario, Canada, Postal Code: K1A 0G2, Fax: (613) 9963443, E-mail: manlej@parl.gc.ca
Minister of Commerce International: Mr. Pierre Pettigrew, Postal Address: Lester B. Pearson, Building, Tour B, 5th Floor, 125 Sussex Drive, City of Ottawa, Province of Ontario, Canada, Postal Code: K1A 0G2, Fax: (613) 996-8924, E-mail: pettip@parl.gc.ca
Geneva, April 19th 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.