On February 9, 2012, the Mining Injustice Solidarity Network hosted a panel on the injustices caused by Canadian Mining Companies overseas including Latin America and Africa. Bill C-323, introduced by NDP MP Peter Julian, would allow people anywhere in the world to bring civil action lawsuits against Canadian companies. The Federal Court of Canada would hear cases and lawsuits against Canadian companies who violate international human rights, labour rights, and environmental protections overseas. The panel was part of a series of events for Latin American and Caribbean Solidarity Month.
Members of the Mining Injustice Solidarity Network spoke of the crimes that Canadian mining companies commit with the assistance of the Canadian government.
Christine Mettler spoke about the violations of human rights and the environment degradation committed by Canadian companies such as Gold Corp, Pacific Rim and Barrick Gold and the violence, murder and rape towards local anti-mining activists. Human Rights Watch reported gang rape by security forces hired by Barrick Gold in Papua New Guinea. Instead of taking responsibility, Barrick Gold responded with racism by saying that gang rape is a cultural deficiency of the locals.
Despite these threats, local community activists continue to oppose mining on their land. In El Salvador, communities were successful in opposing the mine proposed by Pacific Rim. The El Salvadoran rejected their proposal and using the CAFTA Free Trade Agreement, Pacific Rim in suing the government.
She says that resource extraction do not lift people out of poverty in developing countries, despite arguments by mining companies that they are helping communities by providing jobs. Mining displaces communities and destroys their environment.
The Harper's government initiative of Corporate Social Responsibility believes corporations can regulate themselves and have their own internal policies. There's no legal recourse to address infractions by Canadian mining corporations abroad.
Christine Mettler by FTGU
Marie Sydney says it is important not to forget that mining companies commit infractions here towards First Nations communities. Human right abuses also happen. However, Bill C323 is specifically for people who are not Canadian residents and allows them to bring civil lawsuits against Canadian companies involved in human rights and labour rights violations.
There are limitations to the bill as it doesn't allow for prosecution or fines. There are also challenges to civil lawsuits. The courts regard subsidiaries as separate entities. They don't recognize them to be the same company unless it can be proven that the person in the parent company is directing the subsidiary.
She compared Bill C323 to Bill C300. The Canadian government provides financial investments to Canadian mining companies to open mines abroad. Bill C300 set guidelines and would withdraw financial support from companies who violated human rights abroad. Bill C300 didn't get pass in parliament.
Marie Sydney by FTGU
Raul Burbano says the campaign for Bill C323 is not to support a political party or party line, but rather it is just one tool among many to make corporations accountable. The Harper government's response to criticism of mining companies was to set up The Office of the Extractive Sector Corporate Social Responsibility. The office has no teeth, companies do not have to participate in processes that the office undertakes. Another strategy of Harper's Corporate Social Responsibility is to pour more money into mining companies by funding NGOs through CIDA to partner with mining companies on development projects.
Despite the bleak outlook, Burbano says there are many different successes of stopping mining in Latin America and he mentioned the Keystone pipeline victory here. He urged people to sign their petition at passthebill.ca.
Raul Burbano by FTGU
