Breakthrough Regarding Legal Liability of Canadian Mining Corporations for Abuses Overseas

Mayan plaintiffs head to court for first hearing after Hudbay concedes that lawsuits regarding alleged rapes and murder at its former mining project in Guatemala can be heard in Ontario

Toronto, Ontario - On March 4 and 5, 2013 an Ontario court judge will hear arguments regarding the preliminary legal issue of whether a Canadian mining company’s head office can be held legally accountable for human rights abuse committed at its subsidiary’s on-the-ground operations.
 
This is the first court hearing in the cases after Hudbay abruptly dropped its argument that the lawsuits should be heard in Guatemala.  Angelica Choc, the widow of murdered community leader Adolfo Ich Choc, has traveled from Guatemala to attend in person.

Hudbay continues to deny all responsibility for the rapes and shootings allegedly committed at its former mining project.   In this hearing, Hudbay is arguing that its head office simply does not owe a “duty of care” to Mayan families and subsistence farming communities harmed by its mining operations. 

“After repeatedly assuring the Canadian public that it respects human rights at its mine in Guatemala, Hudbay is now hiding behind its corporate structure to deny any possible responsibility” said Murray Klippenstein, lawyer for the Mayan Plaintiffs.

“If these rapes and shootings happened at Hudbay’s mine in Flin Flon, Manitoba, I can’t imagine that Hudbay would say it simply wasn’t head office’s problem. Canadians would never stand for it.  And they shouldn’t stand for it here.”

Amnesty International Canada has been granted intervener status as a “friend of the court” and will be arguing that Canadian companies are under an obligation to respect human rights wherever they operate, particularly where the business is operating in a conflict-affected or high risk area, and where the Indigenous peoples’ lives and livelihoods are at risk.  See Amnesty International’s public statement.

The hearing will be heard by the Superior Court of Justice in a courtroom in downtown Toronto on March 4 and 5, 2013.  A decision on these issues will be released in the following weeks. 

For more information: www.chocversushudbay.com.

Justice for Survivors of the Rio Negro Massacre

On our way back to Guatemala City we visited the communities of Rabinal and Pacux. We had the great privilege of attending a Mayan ceremony at 4 am this morning to remember the families murdered in the Rio Negro Massacre. More than 440 Maya Achi were killed in the village of Rio Negro between 1980 and 1982 during the construction of the Chixoy hydroelectric dam. For more than 20 years, Maya-Achi survivors have sought justice in the Inter-American court system. Last week their years of effort were finally recognized when the Inter-American Human Rights Court found Guatemala guilty of the violation of human rights against the communities of Rio Negro.

Working with Rights Action

Spent the week working with activist Grahame Russell from Rights Action. He is our key contact on the ground in Guatemala and a huge supporter of our film. His heartfelt presence in these struggles is evident by the friendships and working relationships he has built with hundreds of campesinos in Guatemala, Honduras and Mexico. Rights Action provides direct funding to community organizations to undertake projects designed to strengthen community organizing. For more information, please visit www.rightsaction.org.

Prayers for Adolfo

Yesterday we visited Adolfo's grave with Angelica's sisters Maria and Alicia. A very emotional and sacred candle lighting scene in the film. A few weeks ago the man accused of Adolfo's death was arrested, he remains in custody. The family is under pressure not to proceed with charges, but together they stand for justice.

Solidarity

Spent time today meeting with the Mayan Q'eqchi people and conducting interviews for Defensora. It was very emotional for the women to watch the trailer of the film. Imagine telling your story of rape to the entire world. They believe they must speak out to bring attention to the crimes committed against them. Grahame Russell from Rights Action and Raul Choc helped translate the trailer from English to Spanish to Q'eqchi.

Welcome to the Resistance

Back in Guatemala with our friends in the resistance. Their struggle continues in the face of mounting pressure and tension from government and mining companies. Their losses are so great.  Met a woman named Yolanda Oqueli who was shot three months ago, the bullet is still inside of her body. She continues to fight for indigenous land, her attackers have not been arrested. Families take turns at the blockage, women, children and men from the community stand guard.

Defensora- Preview Trailer

6kidsProductions is pleased to share a preview cut of Defensora with you.