Another setback for a company and a provincial government that promote open pit mining. And at the same time, a new recognition of the rights of indigenous people and people who reject the extractive activity with large consumption of water and toxic substances. The Superior Court of Justice (STJ) denied a request Neuquén government, by a Chinese company, intends to extract copper in the zone of Campana Mahuida (western province), where the local population and community Mellao Morales had been in 2009, the prohibition of the activity. With the new decision by the Court reaffirmed the cessation of mining activity in Mapuche territory and stressed the need to address indigenous rights, that legislation on compulsory consultation with indigenous peoples in any activity that might affect territorial.
Mellao Morales Mapuche community inhabits the town of Campana Mahuida since the nineteenth century. Consists of 300 families engaged in livestock and small farms for consumption. In October 2007 began to see vehicles that went into the place and climbed the hill to the Three Points area. They were surprised by the existence of mining exploration in their territory and even of a contract between Cormin and China Enterprise Mining Company SA.
The community launched in 2008 a suit for annulment of contract for failure to respect the rights of indigenous peoples. They also complained that the provincial government had given the site without public bidding to three million dollars. Infima figure for a venture with at least fifteen years of life and reserves, according to the company in China, 1800 million dollars.
The trial judge Paula Stanislavski, the Court 1, Neuquén, declined jurisdiction and referred the case to the Superior Court (STJ). On September 28, 2009, the Supreme Court of Neuquén returned the case to court, but earlier upheld the injunction to stop any action pending the resolution of the merits of the legality or otherwise of the contract. In practice, implied brake mining. The STJ was also noted that the miner had failed to advance the right of consultation to the indigenous community, as established in the ILO Convention 169, Article 75, paragraph 17 of the Constitution and Article 53 of the Constitution of the Province of Neuquén.
The Office of State and Cormin appealed to an extraordinary remedy. And the Supreme Court has just returned to rule against the government of Neuquén. Resolution 141 of March 29 but released this week makes clear that not for a presentation like the one held (not to be a final decision) and harshly questioned Cormin and the Attorney for his appeal "fails to make a reasoned critique of the circumstances which were weighted to make the decision (to stop the mining activity). " States that the special appeal no arguments that will take another decision on the force in the Convention 169 on the "rights (Indigenous) involved (...) and constitutional principles. "
"We expected the ruling because it is clear that our rights were not respected. Politicians mistreated us to reverse demos, but it is a decision. As Mapuche people do not want mining in our territory, "said community lonko Mellao Morales, Pedro Beroiza.
The court was particularly hard with the State Attorney's Office. "It is consistent behavior displayed by the prosecution." And reaffirms the validity of resolution 6941 of the Superior Court because, in the court filing, and prosecution Cormin "have failed to rebut the arguments provided there. "
Resolution 6941, adopted on September 28, 2009, marks the prevalence of indigenous law, the need to prohibit mining and weight is a precursor to other conflicts between indigenous peoples and extractive industries. Commanded respect indigenous rights and halting the progression mining.
remarked the right to consult communities and remember that the Constitution of Neuquén determines the possession and ownership of lands traditionally occupied by ensuring that they will not be alienable or transferable, or subject to liens or attachments, ensuring their participation in the management of natural resources and other interests that affect them.
From the State Attorney's Office, headed by Raúl Gaitán, did not return calls from this newspaper. The same decision taken by President of Cormin, Martin Irigoyen. From the press area of \u200b\u200bthe Interior issued a statement and forward it will be the only expression on the case: "Nothing says the decision on the issue discussed at trial and is far from affecting the Environmental Impact Report or any other document relating to the Project. " There is still the ruling
to settle the question of substance (the legality of the mining contract without consulting the Mapuche). Elena
Picasso, a lawyer for the community and Equipment National Aboriginal Pastoral (Endep), is in charge of defending the community with Christian Hendricks, the Assembly Loncopué. Makes clear that there is still no need to celebrate because the legal dispute continues, but is allowed a smile: "Indigenous law is well above the Mining Code. And above all, land and water are more protected in the care of aboriginal peoples in the hands of miners. "
The progress of a community
Rejecting mining, and the same way as dozens of villages in mountain areas, were born in Neuquén Assembly Bell Neighbors Autoconvocados Mahuida (Avacam) and Loncopué (Aval), the two towns closest to the site. Every Tuesday they met, were reported and there were born demonstrations, information campaigns, flyers, road blockades. Always with the Mapuche community Mellao Morales.
Masters, small landowners, students, housewives, the local Catholic Church and indigenous began to be articulated as never before. The organization grew to two thousand inhabitants in a city of five thousand people. In May 2009 there was also a march in central Neuquén, seeking to punish a law banning mining (as exists in seven provinces). And the retaliation occurred: 21 people prosecuted, relating to meetings and thirteen of the Mapuche community for the "crime" to cut a path. They faced together
shock groups (which the assembly linked with the provincial government). Knew of attempts to divide, there were offers of money, jobs, mattresses, promises of work at the mine. There were allegations of persecution of teachers involved in the assembly and Rainbow FM radio, which covered about mobilization, was the destruction of the transmitter.
"The State harassment of political dissidents in the formal mining, extractive interests but have been unable to enter the territory Mapuche, "said activist and lawyer for the Assembly of Loncopué, Cristian Hendrickse and describes perhaps one of the cornerstones of the fight:" He here an interesting case of very heterogeneous sector union to defend the environment. At the roadblocks could be Mapuche with landowners, peasants with professors, born and bred who came from elsewhere. The languages \u200b\u200bwere different but the voice was and is one: Do not pass. "
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