Chinese Landing impasse…Indigenous community asks Govt. to rectify auction of ‘ancestral lands’ to miner

May 10, 2019 News

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The Chinese Landing Community of Region One is calling on the Government of Guyana to take action to reaffirm its right to ownership and use of its

ancestral lands.
Orin Fernandes, Toshao of Chinese Landing Village, led a press conference yesterday, detailing the issue faced by the community, after a mining concession was issued to miner Wayne Vieira without the community’s free prior and informed consent (FPIC).
According to the Amerindian Act, Indigenous communities reserve the right to withhold Free, Prior and Informed Consent for their lands.
However, Sharon Atkinson, Vice Chair for the Moruca Sub-district Council, told the media that a mining concession was issued to Wayne Vieira without the Chinese Landing Community’s FPIC. She said that, in 1995, Vieira purchased prospecting permits to areas of the community’s land without its knowledge, through an auction sale (lottery).
“GGMC converted those prospecting permits to mining permits, again without any notice to our community”, she said.
The community’s leaders indicated that they tried to find amicable solutions to the issue, but that the response they have gotten from government and Vieira have been less than graceful.
A lot of developments have been made on this issue, but the substantive developments happened in court.
In 2010, the Guyana Geology and Mines Commission (GGMC) issued Cease Work Orders against Wayne Vieira, after realising that the issuance of mining concessions to him violated the Amerindian Act, because it was done without the FPIC of the community.
Vieira had contended that the order was not validly issued nor was it retroactively validated by the Amerindian (Validation Commencement) Act 2010.
The CWO was issued on November 26, 2010 under the Mining Regulations. Vieira had made several attempts since 2009 to secure a new agreement with the Village Council. His efforts proved futile. The CWO was subsequently issued under the Mining Regulations because of the absence of an agreement with the Village Council, as was required under the Amerindian law.
According to the CWO, the Mines Officer deemed the stoppage to be ‘absolutely necessary’ for the maintenance of the public peace or for the protection of the State’s or private persons’ rights.
But Vieira moved to the High Court where he successfully challenged the decision to issue the CWO.
That Court determined that the order could only be issued in relation to breaches concerning the Mining Act and not the Amerindian law.
The Commission took the matter to the Court of Appeal and won, following which the miner appealed to the CCJ.
The Commission had argued that Vieira’s attempts to reach an agreement to mine the lands, and his argument that he was treated unfairly, were irrelevant as the organisation was required by law to automatically issue the order.
Vieira, on the other hand, contended that not only was his conduct and treatment relevant, but that the Mines Officer was not authorised to issue the CWO for a breach of any law other than the Mining Act.
Upon review of the Act, the CCJ determined that the Minister responsible for the Mining Act could not make regulations under that law with a view to aiding or enforcing the requirements of another law – the Amerindian Act. So Vieira retained his mining concession for the land.
On Sunday, government stated that it estimates that there are 17 illegal and heavily mechanised mining operations occurring on the concession issued to Vieira. It is unclear whether all of those miners are indigenous miners, but the Chinese Landing Community has indicated that Indigenous miners are among that lot. Fernandes said that 11 of those Indigenous Miners are licensed to mine.
A GGMC team, headed by Senior Mining Engineer, Michael Howard, began an exercise on May 1 to have them removed. A statement from government noted the objective of that team: “to remove all mining operations from Wayne Vieira’s mineral properties”. Copies of the CCJ court order were shared during discussions between government and representatives of the Chinese Landing community, in 2018.
The team already dismantled 11 wooden sluice-boxes and retrieved several pieces of tackling associated with the mining operations, according to government. Government has noted requests by the remaining persons that they be given time to remove their equipment, and Vieira is expected to secure the property in a specified period.
The Chinese Landing Community’s right to reserve issuance of its FPIC was violated by GGMC, the community’s representatives said. The commission can’t legally take action to reverse the issuance of the mining concession.
Fernandes said yesterday that is time for the government to “start respecting” them, and reaffirm their right to their ancestral lands.

 

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