URGENT ACTION REQUIRED: Protect Ecuadorian Community Activists

I have just received this from Tara Scurr. Please distribute widely.

Please respond as soon as possible - the situation in Ecuador is becoming increasingly grave.

Many thanks.

Tara Scurr
Business and Human Rights Campaigner
Amnesty International Canada
Pacific Regional Office
(604) 294.5160
www.amnesty. ca/business

Ecuadorian community activists are facing death threats and attacks for being against copper mining operations.

PUBLIC

AI Index: AMR 28/002/2007

UA 193/07

Fear for safety

25 July 2007

ECUADOR

Jaime Polivio Pérez Lucero (m), community leader in García Moreno parish

Mercy Catalina Torres Terán (f)

Others opposed to the Intag copper mining project

According to reports, community leader Jaime Polivio Pérez Lucero has been threatened and activist Mercy Catalina Torres Terán has been attacked, as a result of their opposition to a mining project close to their homes in the Intag area of Imbabura province, northern Ecuador. Their lives, and those of others who voice opposition to the mine, are in danger.

Jaime Polivio Pérez Lucero, from Garcia Moreno parish in Imbabura, a group of villages close to a site where the authorities and a mining company are planning to excavate for copper, has received a series of death threats in recent months. In December 2006, while he was taking part in a protest against the mining project, Jaime Polivio Pérez Lucero was reportedly approached by an armed civilian. The armed man told Jaime Polivio Pérez: “Si te sigues oponiendo a la minera vamos a tener que matarte” (if you continue to oppose the mining company we will have to kill you). According to reports, the armed civilians and security guards used tear gas and shot at the demonstrators, injuring several people. Among those injured was Jaime Polivio Pérez’s brother, Israel Pérez, who was shot.

Following the incident, Jaime Polivio Pérez reportedly received several anonymous calls on his mobile phone, in which the caller said, “Si no abandonas la dirigencia te vamos a matar. Deja de subir a Barcelona porque de caso contrario tendrás tu merecido” (If you do not quit the leadership [of a community organization in García Moreno] we are going to kill you. Stop going to Barcelona [one of the communities of the García Moreno parish] or you will get what you deserve).

On 23 June 2007, according to reports, another member of the community received an anonymous email referring to a plan to kill Jaime Polivio Pérez.

On 9 July, activist Mercy Catalina Torres was outside her home in Garcia Moreno when she was reportedly beaten by a man wearing a balaclava. She was cut and bruised in the attack. Mercy Catalina Torres had allegedly been threatened in her home two months before the attack, when a man apparently shouted at her: “porque ya vino el carro, te salvaste perra” (“because someone just arrived in a car, you saved yourself, bitch”).

Jaime Polivio Pérez and Mercy Catalina Torres reported the incidents to the local Attorney’s Office. However, to date, Amnesty International is not aware of any investigation being opened into the threats or the attack, and no protection has been granted to them.

Both Jaime Polivio Pérez and Mercy Catalina Torres have been very active and outspoken in their campaigning against the planned copper mine. They believe that the communities which will be affected by the mining project have not been consulted in a meaningful, open and transparent way by the authorities. Members of these communities are concerned about the environmental impact it might have on the area, a nature reserve where most inhabitants depend on agriculture.

BACKGROUND INFORMATION

During a visit to Ecuador in November 2006, Amnesty International visited Imbabura and met with some members of the communities affected by the mining project in Intag. The delegation received testimonies and reports of acts of intimidation, harassment and attacks against those who campaign against the mining project. Amnesty International wrote to the authorities asking for investigations to be opened into these incidents. However, to date, the organization is not aware of any investigations into these events.

RECOMMENDED ACTION: Using your own words, please choose a few of the suggestions below to create a personal appeal and send it as quickly as possible:

- expressing concern for the safety of Jaime Polivio Pérez Lucero, Mercy Catalina Torres Terán, and other inhabitants of the Intag area, Imbabura, who are opposed to the copper mining project;

- expressing concern that Jaime Polivio Pérez Lucero has been repeatedly threatened with death since December 2006, and that Mercy Catalina Torres Terán was beaten in July 2007;

- stating that these acts of intimidation appear to be linked to their campaigning actions to defend the rights of the communities in Intag to a meaningful, open and transparent consultation prior to the development of any mining project in the area;

- urging the authorities to take steps to guarantee the safety of Jaime Polivio Pérez Lucero and Mercy Catalina Torres Terán, in accordance with their own wishes;

- urging the authorities to carry out an independent and impartial investigation into the death threat received by Jaime Polivio Pérez Lucero and the attack against Mercy Catalina Torres Terán, making the results public and bringing those responsible to justice;

- asking to be informed of the results of these investigation.

APPEALS TO:

Minister of the Interior:

Dr. Gustavo Larrea

Ministro de Gobierno, Policía,

Justicia, Cultos y Municipalidades

Ministerio de Gobierno y Policía

Espejo y Benalcázar,

Quito- Ecuador

Fax: 011593 2295 5666 Ext. 155 or 011 593 2295 5666 Ext. 150 – 151 (ask for fax tone)

Salutation: Dear Minister/Señor Ministro

Attorney General:

Dr. Jorge Germán

Ministro Fiscal General del Estado

Fiscalía General del Estado

Av. Eloy Alfaro Nº 32-240 y República

Quito, Ecuador

Fax: 011 593 2255 8561 (may be difficult to reach)

Salutation: Dear Minister/Señor Ministro

Minister of Energy and Mines:

Econ. Alberto Acosta

Ministro de Energía y Minas

Ministerio de Energía y Minas

Juan León Mera Nº 26-220 y Orellana

Quito - Ecuador

Fax: 011 593 2290 6350

Salutation: Dear Attorney General/Sr. Ministro Fiscal

COPIES TO:

Human Rights Non-governmental Organization CEDHU:

Comisión Ecumenica de Derechos Humanos

Carlos Ibarra 176 y 10 de Agosto

Edif. Yuraj Pirca 9no. Piso,

Quito, Ecuador

Fax: 011 593 2258 9272

E-mail: denuncias@cedhu. org

His Excellency Fernando Ribadeneira Fernández Salvador

Ambassador for Ecuador

50 O'Connor Street, Suite 316

Ottawa, Ontario K1P 6L2

Email: mecuacan@rogers. com

Fax: (613) 235-5776

PLEASE EXPEDITE YOUR MESSAGES ON THIS CASE. THANK YOU.

Business & human rights: Weekly Update - July 25, 2007

From the Business & Human Rights Resource Centre:

Weekly Update: Business & Human Rights Resource Centre - 25 July 2007

CLICK THIS LINK FOR ALL TOP STORIES added past 7 days /
Principales noticias / Articles de premier plan:
http://www.business-humanrights.org/Categories/Topstories?date=2007/07/25

The top stories include / Las noticias incluyen / Les articles
incluent:

* Oxford Analytica comments on UN Special Representative John Ruggie's
second report, and looks ahead to his remaining mandate
http://www.business-humanrights.org/Links/Repository/401091

* Ghana conference: Concerns raised about abuses by private security
companies in Africa
http://www.business-humanrights.org/Links/Repository/217938

* Nigerian Govt. adds new claims in lawsuit over Pfizer's 1996 drug
trials said to have led to death & disability of children
- also included: Pfizer statement on lawsuit (May 2007)
http://www.business-humanrights.org/Links/Repository/363077

* Indonesia "first nation on earth to legislate Corporate Social
Responsibility" after House of Representatives passes bill
- also included: analysis by CSR Asia
http://www.business-humanrights.org/Links/Repository/892310

* Philippines law restricting baby milk formula advertisements
supported by UNICEF & WHO, opposed by industry group - Supreme Court weighs
constitutionality
http://www.business-humanrights.org/Links/Repository/660027

* Business Roundtable of US CEOs urges action on climate change
http://www.business-humanrights.org/Links/Repository/868040

* UK approves "Corporate Manslaughter" bill to hold corporate
executives accountable for workplace deaths due to gross negligence
http://www.business-humanrights.org/Links/Repository/528899

* Case study on Sasol - implications of UN Global Compact human rights
principles for its operations in developing countries
http://www.business-humanrights.org/Links/Repository/360960

* Lawsuit in USA against Drummond for alleged complicity in killing of
Colombian union leaders is first Alien Tort Claims Act case against a
company to reach trial - analysis & update
http://www.business-humanrights.org/Links/Repository/844754

* Chiquita sued in USA for allegedly funding Colombian paramilitaries
http://www.business-humanrights.org/Links/Repository/373461

* Amnesty Intl. & Saferworld report says EU firms sell components to
India for helicopters that Burmese military will use, undermining
sanctions on Burma
http://www.business-humanrights.org/Links/Repository/767147

* Palestinian Authority: Aspen Institute announces new public-private
initiative to support economic development
http://www.business-humanrights.org/Links/Repository/949210

* So. Africa - North West Province: Concerns over platinum mines'
impacts on worker & community health (further to our 18 July Update) - we
invited Lonmin to respond, but we have not received a reply
http://www.business-humanrights.org/Links/Repository/528343

* Español: Demandan a Chiquita en EE.UU. por su presunta complicidad
con crímenes de paramilitares en Colombia
http://www.business-humanrights.org/Links/Repository/985354

* Español: Centroamérica: Exigen respetar derechos de obreras en las
maquilas ante la Comisión Interamericana de Derechos Humanos
http://www.business-humanrights.org/Links/Repository/125648

* Español: Curso sobre Responsabilidad Social Empresarial y Derechos
Humanos en Cartagena, Colombia - 16-18 julio
http://www.business-humanrights.org/Links/Repository/767447

* Español: Argentina: Wal Mart comparece ante la Cámara de Diputados
por alegaciones de prácticas antisindicales, afirmando que respeta a
gremios
http://www.business-humanrights.org/Links/Repository/211540

* Français : « Roquettes, armes et moteurs fabriqués au sein de l'UE
risquent d'enfreindre l'embargo sur les armes à destination du Myanmar »,
selon Amnesty & Saferworld
http://www.business-humanrights.org/Links/Repository/403754

* Français : AXA renonce à investir pour compte propre dans les
producteurs de bombes à sous-munitions - Amnesty & Handicap appellent au
groupe à sensibiliser ses clients & gestionnaires
http://www.business-humanrights.org/Links/Repository/684638

Corpwatch report on Barrick Gold

For some background on Pascua Lama, read this Corpwatch report on the global impact of Barrick Gold's activities. It contains a case study on Pascua Lama.

Public Declaration addressed to Stephen Harper

This is from The Dominion, a progressive Canadian blog. It's a Public Declaration signed by Chilean environmental and social justice activists, and received by Barrick Gold to be given to Stephen Harper:

Santiago, July 18, 2007

PUBLIC DECLARATION
Prime Minister of Canada supports Barrick Gold and refuses audience with Communities affected by Pascua Lama

We declare:

1. It is abhorrent that Stephen Harper, under the pretext of a state visit, intervenes openly and shamelessly on behalf of a mining company whose operations are questionable environmentally, legally, ethically and socially.

2. It is inconceivable that the maximum authority in a country like Canada, that promotes and supports foreign mining investments at a state level (with the money of all Canadians), shows a total lack of consideration for the effects that these investments generate in communities where mining projects are developed.

3. We find it worrying that Steven Harper’s agenda includes meetings with the president and with Barrick Gold, the mining company in question, while failing to listen to the voices of citizens accusing murder and destruction ten years after the FTA between the two countries. It demonstrates the double standards of the Prime Minister, who opened public Roundtables on corporate social responsibility in his own country, while here in Chile he refuses to meet with civil society.

4. We reject the political pressure suggested by this visit, which comes at the same moment at which Barrick is encountering serious difficulties: on June 21, the opening of mine areas was delayed for the fourth time, in mid July the Inter American Commission for Human Rights will determine whether or not they receive for processing the territorial usurpation dispute put forward by the Diaguita community of Huascoaltinos. Three weeks ago the congress showed their concern with irregularities brought forward by the community of Valle del Huasco and promised to strike up an investigatory commission on Pascua Lama. In the coming weeks, the State Defense Council will determine what role they will play in a dispute being carried out by the community for irreparable environmental damage with regards to the destruction of glaciers. At the moment there is no taxation agreement between Chile and Argentina for the Pascua Lama project, along with a series of other irregularities.

5. For all of these reasons, we declare Mr. Harper a persona non grata and we demand that the Chilean government defend our sovereignty and ask the Canadian diplomats for answers regarding Harper’s statements, and Harper’s agenda, which does very little to maintain the health of the bilateral relations in our countries.

Signed:

Latin American Observatory on Environmental Conflicts (OLCA)
Colectivo Rexistencia
Movimiento Ciudadano Anti Pascualama
Programa Radial “Semillas de Agua”
Coordinadora de Defensa de los Valles del Tránsito y El carmen (Región de Atacama)
Casa Taller La Lucha
Environmental and Social Justice Action Network (RAJAS, Santiago)

Harper visits Barrick Gold office

There were protests outside the Santiago office of Barrick Gold during Stepehn Harper's visit yesterday, according to the CBC:

The protesters claim the company's gold and silver Pascua Lama Project in the Andes Mountains is displacing indigenous people, polluting rivers and damaging three glaciers — charges the company denies.

Harper said Tuesday that as far as he knows Barrick "follows Canadian standards of corporate social responsibility." He said that it was up to Chile and Argentina to determine whether the company was meeting environmental protection standards.

Karyn Keenan, program officer for the Halifax Initiative, an environmental coalition, said that the organization was worried Harper had not been properly informed of the issues surrounding the project.

"We're also concerned that Prime Minister Harper's visit to the Barrick offices might be viewed as a gesture of support for the project, just when the Chilean congress is considering forming a special investigatory commission to evaluate alleged irregularities with the approval process for the mine," Keenan said.

Lucio Cuenca, national co-ordinator of the Latin American Observatory on Environmental Conflicts, agreed with Keenan, claiming the visit gives the project the "tacit approval" of the prime minister.

The local defence council is considering suing Barrick for the alleged destruction of the glaciers, Cuenca said. A human rights complaint has been lodged with the Inter-American Commission on Human Rights, he added.
Accusations being studied

A committee of lawmakers from Chile's chamber of deputies is studying the accusations.

One 2002 environmental report by the General Water Directorship estimates the three glaciers have shrunk by 50 to 70 per cent, allegedly as a result of work done during Barrick's exploratory phase, such as road building.

Runoff from the glaciers fuels watersheds in the area, supplying water to many communities.

"There's a shortage of water in the summertime, and it's only sustained because of the glaciers," one protester told CBC News. "Because of the destruction of the glaciers, there won't be water in the short term, there won't be water for the communities."

Business & human rights: Weekly Update - July 18, 2007

Weekly Update: Business & Human Rights Resource Centre - 18 July 2007

CLICK THIS LINK FOR ALL TOP STORIES added past 7 days /
Principales noticias / Articles de premier plan:
http://www.business-humanrights.org/Categories/Topstories?date=2007/07/18

The top stories include / Las noticias incluyen / Les articles
incluent:

* So. Africa: Bench Marks Foundation report says platinum mines in
North West Province putting workers' & communities' health at risk
- Responses by Anglo Platinum, Implats, Xstrata
- We also invited Lonmin to respond but they have not yet done so. We
will indicate in next week's Update whether or not they have responded.
http://www.business-humanrights.org/Links/Repository/528343

* Israel/Occupied Territories: Israeli military use of Volvo Group
machinery for destruction of Palestinians' homes - rejoinder by Adri
Nieuwhof (further to our 11 July Update)
- We have invited Volvo Group to comment further
http://www.business-humanrights.org/Links/Repository/195203

* OECD Guidelines complaint brought against BHP Billiton over alleged
involvement in forced evictions in Colombia
- Article includes BHP Billiton response
http://www.business-humanrights.org/Links/Repository/810366

* Bangladesh: Allegations of poverty wages, excessive hours, other
abuses at factories supplying Primark, Asda, Tesco - article includes
company responses
http://www.business-humanrights.org/Links/Repository/620991

* Association of Ghana Industries launches Business Code that includes
human rights principles
http://www.business-humanrights.org/Links/Repository/167734

* Bulgaria: Roma discrimination lawsuits against companies on the
increase
http://www.business-humanrights.org/Links/Repository/477061

* Dem Rep of Congo: NGO report alleges flaws in military court trial
over Kilwa massacre that acquitted soldiers & Anvil Mining employees
http://www.business-humanrights.org/Links/Repository/594931

* "Is HIV a time bomb under the mining industry?" (Reuters)
- Anglo American response
http://www.business-humanrights.org/Links/Repository/361326

* "Business guide to partnering with NGOs and the United Nations" (by
UN Global Compact, Dalberg, Financial Times)
http://www.business-humanrights.org/Links/Repository/734773

* China: Shanxi province prosecutes officials involved in brick kiln
forced labour scandal - but widely criticised for soft approach
http://www.business-humanrights.org/Links/Repository/802421

* EU court bans Syngenta's paraquat herbicide for not meeting health
standards
- Articles include comments by Syngenta
http://www.business-humanrights.org/Links/Repository/945292

* Peru: Restaurant closed & fined for alleged discrimination against
customers with darker skin
http://www.business-humanrights.org/Links/Repository/458355

* Español: Grupo de trabajo de la ONU sobre el uso de mercenarios
resalta abusos por parte de empresas de seguridad que reclutan a Chilenos
para enviarlos a Irak
http://www.business-humanrights.org/Links/Repository/392569

* Español: Perú: Cierran establecimiento "Café del Mar" en Miraflores
por discriminar a clientes
http://www.business-humanrights.org/Links/Repository/590949

* Español: España: Viajes Mogador firma el código de conducta contra el
turismo sexual infantil
http://www.business-humanrights.org/Links/Repository/144942

* Español: Perú: Gobierno ratifica el convenio 176 de la OIT, sobre la
seguridad y salud en las minas, que impone varios deberes sobre los
empleadores
http://www.business-humanrights.org/Links/Repository/901067

* Español: El Salvador: Policía Nacional reprime protestas contra la
privatización del agua
http://edit.business-humanrights.org/Links/Repository/654913

* Français : Rép. Dém. du Congo : Victimes du massacre de Kilwa qui a
impliqué des employés d'Anvil Mining « privées de justice » par les
failles dans le procès, selon plusieurs ONGs congolaises & internationales
http://www.business-humanrights.org/Links/Repository/398109

* Français : Tribunal européen interdit l'herbicide paraquat de
Syngenta à cause des effets sur la santé
http://www.business-humanrights.org/Links/Repository/918922

* Français : Brésil : Chef du peuple Surui fait un accord avec Google
Earth pour combattre la déforestation illégale en Amazonie
http://www.business-humanrights.org/Links/Repository/786645

AI report on the killing of trade unionists in Columbia

An Amnesty report on the death of trade unionists in Columbia released at the beginning of July is also relevant to Stephen Harper's trip to Latin America:

You can find a summary to the report here. Here is an excerpt:

More than 2,000 trade unionists have been killed and more than 180 have been victims of enforced disappearance in Colombia over the last two decades. In more than 90 per cent of cases, those responsible have not been brought to justice. Despite a reduction in recent years in the number of trade unionists killed, Amnesty International (AI) considers that the human rights situation facing trade unionists remains serious. The Colombian authorities have taken some steps to improve their safety. However, more decisive action must be taken to ensure that freedom of association rights are respected, in practice as well as in law.

Despite the supposed demobilization of army-backed paramilitary groups, trade unionists continue to be threatened and killed by paramilitaries who have ostensibly been demobilized. The security forces have also been directly responsible for killing trade unionists and instigating arbitrary criminal proceedings against them. AI considers that a co-ordinated military-paramilitary strategy designed to undermine the work of trade unionists continues to be pursued both through their physical elimination and by seeking to discredit the legitimacy of trade union work. Guerrilla forces have also been responsible for killings of trade unionists.

It is not always possible to determine the motivation behind killings or death threats against trade unionists. In the context of Colombia’s long-running internal armed conflict, trade unionists have often been targeted for human rights abuses because of their political affiliation or motives other than their trade union activities. However, there is a pattern of human rights abuses against trade unionists taking place in the context of labour disputes which indicates that trade unionists are targeted precisely because of their trade union work.

AI considers that the international community has an important role to play in efforts to guarantee the right to freedom of association in Colombia. The decision of the International Labour Organization (ILO) in 2006 to appoint a permanent representative to Colombia to observe freedom of association rights provides a welcome opportunity for the international community to monitor closely the human rights crisis faced by trade unionists and to call on the Colombian authorities to take decisive action to ensure their safety.