Kanapang Village takes legal action against state over arrest, detention of 27 Brazilian miners

Dec 17, 2025 News

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(Kaieteur News) – Kanapang Village has instituted legal proceedings against the government of Guyana, seeking redress over what it describes as unlawful arrests, prosecutions and imprisonment of 27 Brazilian miners, allegedly in breach of domestic and international human rights law.

In a statement on Tuesday, attorney-at-law Darren Wade said that on November 13, 2025, ranks of the Guyana Defence Force (GDF), Guyana Geology and Mines Commission (GGMC) and the Guyana Police Force (GPF) entered the titled lands of Kanapang without the consent of the Village Council, without a warrant, without notice and without statutory authority, in breach of the Amerindian Act. During the operation, 27 Brazilian men and women were arrested.

Wade outlined that Kanapang is a legally recognised Amerindian community located within ancestrally and traditionally occupied territory in the North Pakaraimas, Region Eight, along the Ireng River which borders Guyana and Brazil.

He noted that the Brazilian nationals were subsequently taken before the Mahdia Magistrates’ Court and charged with illegal entry, contrary to section 34(1)(b) of the Immigration Act, Chapter 14:02, and illegal mining, contrary to section 14(1)(a)(ii) of the Mining Act.

According to the lawyer, the matter was first heard on November 14, 2025, when pleas were entered, with some of the defendants pleading guilty and others not guilty. On that occasion, several defendants were convicted and sentenced to six months’ imprisonment.

During the most recent hearing, the prosecutor acting on behalf of the GGMC informed the court that no authority to prosecute had been presented, and stated that such authority is intended to be provided on or before the next court appearance.

“Based upon our instructions and understanding from the time of the arrest, the accused persons were unable to properly understand the language spoken in court, as they are fluent in Portuguese and do not sufficiently understand English,” Wade said.

The attorney also stated that the interpreter previously presented by the State was speaking Spanish, and that the defendants did not sufficiently understand the proceedings. He further noted that at the last hearing no interpreter was presented by the prosecution, resulting in the matter being adjourned to January 29, 2026.

“It must be noted that failure to provide interpretation services throughout the proceedings is unlawful and constitutes a direct violation of domestic law and international human rights law, including Article 14(3)(a) and Article 14(3)(f) of the International Covenant on Civil and Political Rights (ICCPR) and Article 144 (2) b of the Constitution of the Cooperative Republic of Guyana,” the lawyer stated.

He further contended that the arrest, detention, prosecution, conviction and imprisonment of the Brazilian nationals under these circumstances are unlawful and amount to arbitrary detention.  Wade argued that the actions are particularly egregious where prosecutorial authority has not been demonstrated or lawfully established, accused persons were unable to understand the proceedings due to language barriers and the absence of competent interpretation, and custodial sentences of up to six months were imposed in circumstances inconsistent with due process and fair trial guarantees.

As a result, Kanapang Village contends that the State of Guyana has committed multiple breaches of constitutional, statutory and international law.

These include violations of the right to personal liberty under Article 139 of the Constitution, arising from the unlawful arrest, detention, charging, conviction and imprisonment of the affected persons; a breach of the right to freedom of movement under Article 148 of the Constitution by criminalising the presence and movement of residents within their traditionally occupied and titled territory; and a breach of the right to equality and equal protection of the law under Article 149D through discriminatory enforcement of criminal and regulatory laws against residents of an Amerindian community.

The village also contends that there was a breach of the right to the protection of the law under Article 144 (2) b of the Constitution, which provides that every person charged with a criminal offence shall be informed, as reasonably practicable, in a language that he or she understands and in detail, of the nature of the offence charged.

Wade further noted that the defendants are from neighbouring communities on the Brazilian side of the border, whose populations include Amerindians and persons of mixed ancestry with long-standing cultural, familial and economic ties to the territory.

“The criminalisation of their presence and activities within this area further implicates protections under international law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),” he said.

He also noted that the Embassy of the Federative Republic of Brazil has been in communication regarding humanitarian and consular concerns arising from the detention and treatment of the affected Brazilian nationals. “It must also be noted that whilst the matter has not garnered significant public attention in Guyana to date, it has generated substantial attention and concern in Brazil, including widespread discussion on social media and other public platforms,” Wade said.

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• Brazilian miners, detention, Kanapang Village, legal action, Pakaraimas

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