Children Toil in India’s Mines, Despite Legal Ban – by Gardiner Harris (New York Times – February 25, 2013)

http://www.nytimes.com/

KHLIEHRIAT, India — After descending 70 feet on a wobbly bamboo staircase into a dank pit, the teenage miners ducked into a black hole about two feet high and crawled 100 yards through mud before starting their day digging coal.

They wore T-shirts, pajama-like pants and short rubber boots — not a hard hat or steel-toed boot in sight. They tied rags on their heads to hold small flashlights and stuffed their ears with cloth. And they spent the whole day staring death in the face.

Just two months before full implementation of a landmark 2010 law mandating that all Indian children between the ages of 6 and 14 be in school, some 28 million are working instead, according to Unicef. Child workers can be found everywhere — in shops, in kitchens, on farms, in factories and on construction sites. In the coming days Parliament may consider yet another law to ban child labor, but even activists say more laws, while welcome, may do little to solve one of India’s most intractable problems.

“We have very good laws in this country,” said Vandhana Kandhari, a child protection specialist at Unicef. “It’s our implementation that’s the problem.”

Poverty, corruption, decrepit schools and absentee teachers are among the causes, and there is no better illustration of the problem than the Dickensian “rathole” mines here in the state of Meghalaya.

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EDITORIAL: Short-sighted blockades may have negative impact – by Ron Grech (Timmins Daily Press – February 27, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

“The illegal blockade of the ice road to the Victor diamond mine drew
international attention, tarring the region with a sense of lawlessness
and economic risk for investors.” (Ron Grech – Timmins Daily Press)

TIMMINS – After being stalled for nearly three weeks because of blockades, De Beers says it may not be able to deliver a year’s worth of supplies required by the Victor diamond mine before the ice road begins to melt.

If that happens, the mine may be looking at temporary shutdowns and layoffs at some point during their normal operating season. That may pose a short-term problem that has long-term implications on the future of the mine.

The challenge is convincing De Beers’ decision-makers in South Africa the prospects in Attawapiskat are worth the trouble of investing in exploration to extend the life of the mine beyond 2018.

The illegal blockade of the ice road to the Victor diamond mine drew international attention, tarring the region with a sense of lawlessness and economic risk for investors.

Companies are never keen to invest millions of dollars in regions where vital business operations are interrupted, court orders are defied and community leaders regularly seek to re-negotiate terms of previously signed agreements.

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Attawapiskat blockade ends peacefully – Lenny Carpenter (Wawatay News – February 26, 2013)

http://wawataynews.ca/

A blockade of the 90-kilometre winter road leading to De Beers’ Victor diamond mine site near Attawapiskat ended on Feb. 22 after a Timmins judge ruled that it was illegal.

The group of community members who put up the blockade dismantled it after speaking with Ontario Provincial Police (OPP) liaison officers, who said they must enforce the court injunction filed by De Beers Canada and extended indefinitely by Ontario Superior Court Justice Robert Riopelle. A large force of OPP officers was ready to move in to remove the blockade.

Attawapiskat Acting Chief Christine Kataquapit said the blockade ended peacefully and no one was arrested. The blockade lasted for more than two weeks after a group of community members, cited issues with employment at the Victor Mine and the use of their traditional territory.

It was the second blockade after another small group blocked the road Feb. 4-6. The first blockade ended peacefully after the members reached an agreement with De Beers officials and community leaders.

The winter road, which runs from the Victor site to Attawapiskat, is a critical line for De Beers to ship in fuel, equipment and supplies from Moosonee that would be otherwise be more costly or impractical to bring in by air.

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Changes to [Endangered Species Act] ESA, a step in right direction: OFIA – (Timmins Daily Press – February 25, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

TIMMINS – Like many Northerners, John Kapel doesn’t like the idea of urban southern Ontarians having such a strong influence on Northern resources.

“We should be the ones dictating what we want to do with our North up here, not people in southern Ontario who sit in a cubicle and don’t even have a clue what a freakin’ poplar or birch tree is,” said Kapel, owner of Little John Enterprises sawmill in Timmins.

The province’s much-maligned Caribou Conservation Plan has been cited by both local industry and municipal leaders as just another product of the southern Ontario’s influence on Queen’s Park.

“We’re going to lose 25% of our forest” for industrial use within the Abitibi River region because of this plan, Kapel said. “It’s just sad that we as Northern Ontarian people have to put up with this B.S. from southern Ontario. It’s pathetic.”

The Ontario Forest Industries Association has had to tiptoe in explaining why it was encouraging Northerners to support recent changes to the Endangered Species Act (ESA) despite its encompassing of the controversial caribou plan.

The Ministry of Natural Resources had outlined new measures under the ESA in an Environmental Registry posting. The period for inviting public input ended Monday.

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Judge cautions De Beers about suing blockaders – by Ron Grech (Timmins Daily Press – February 25, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

TIMMINS – A Timmins judge urged De Beers Canada Monday to give careful consideration before launching into any lawsuits against the demonstrators who blockaded the ice road leading to the Victor diamond mine.

“I would think twice about that,” Superior Court Judge Robert Riopelle told De Beers lawyer Neal Smitheman when asked about opportunities to determine costs and file an application to sue for damages. “I think relationships between you and community members are very good probably right now but it may sour somewhat if you do something like that.”

Despite the peaceful resolution to the blockade reached Friday night, Smitheman said it may be impossible for De Beers to deliver all the fuel, equipment and supplies it needs for the year before the ice road begins to melt.

De Beers typically requires 30 days to truck all of its supplies within a 45-day period when the ice road is operational. However, as a result of two separate blockades, De Beers has lost nearly three weeks to get the job done.

During a teleconference meeting that was held in open court Monday, Smitheman enquired about making written submissions to the court about costs to the company as a result of the blockade.

“If you still want to go ahead with that,” Riopelle said with a note of reservation, “bring your motion within the next 30 days, co-ordinate it with the trial co-ordinator to make sure we have a day and time for it” then make sure all the defendants are served with the notice in person.

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NEWS RELEASE: Breakthrough in Legal Liability of Canadian Mining Corporations for Abuses Overseas

Mayans’ lawsuit against HudBay over shootings and rapes at mine in Guatemala to proceed in Canadian courts

TORONTO, ONTARIO–(Marketwire – Feb. 25, 2013) – In an important precedent-setting development for the accountability of Canadian mining companies for alleged overseas human rights abuses, victims of rape and murder at a Guatemalan mine are now able to sue a Canadian mining company in Canadian courts.

Guatemalan Mayan villagers who are suing Canadian mining company HudBay Minerals for the alleged gang-rapes of eleven women, the killing of community leader Adolfo Ich and the shooting and paralyzing of German Chub at HudBay’s former mining project in Guatemala recently learned that HudBay has abruptly abandoned its legal argument that the lawsuit should not be heard in Canada, just before an Ontario court was set to determine the issue. As a result, and for the first time, a lawsuit against a Canadian mining company over alleged human rights abuses abroad will be heard in Canadian courts.

“This is a stunning victory for human rights, and paves the way for future lawsuits against Canadian mining companies” said Murray Klippenstein, lawyer for the Mayan plaintiffs. “Corporations be warned – this case clearly shows that Canadian companies can be sued in Canadian courts for alleged human rights atrocities committed at their foreign operations.”

HudBay had filed extensive legal briefs arguing that the lawsuit should be heard in Guatemala, not Canada, despite overwhelming evidence indicating that Guatemala’s justice system is dysfunctional, making it impossible for the victims to get justice there.

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Blockade ends in Attawapiskat – by Ron Grech (Timmins Daily Press – February 25, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

ATTAWAPISKAT – A peaceful resolution has been reached in Attawapiskat as the blockade to the Victor diamond mine was taken down by demonstrators late Friday night.

A large number of provincial police officers were on their way to the blockade to enforce a judge’s order to have the barricades removed but no formal action by police was required as the barricade was no longer in place, Const. Marc Depatie, communications officer with the provincial police in South Porcupine, told The Daily Press Sunday.

“The protestors appear to have voluntarily complied with the Superior Court Order without further incident.”

Depatie said “teams of officers” were deployed from detachments throughout the region from Hearst south to Black River-Matheson. There was also an emergency response team that was deployed from Thunder Bay. Unconfirmed reports from Attawapiskat indicated there were about 40 Ontario Provincial Police officers in the area.

The OPP will remain in the area, continuing to patrol the ice road to ensure access to the Victor mine remains open, Depatie said. When asked about the voluntary removal of the barricades by the demonstrators, Depatie noted, “The judge was rather direct and articulate when he handed down his instructions” to police and “what the inevitable outcome would be if the protesters persisted with the blockade.”

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Attawapiskat protestors hurting First Nations with lawless blockade of De Beers mine – by Jonathan Kay (National Post – February 22, 2013)

The National Post is Canada’s second largest national paper.

Canadian politicians and First Nations leaders all agree that economic development will be critical for raising the living standards of Canada’s native population. In many cases, this will mean bringing large, multinational corporations onto traditional native lands — because only these companies have the resources and expertise necessary to develop mines and other capital-extensive resource-extraction operations.

Unfortunately, as the example of Attawapiskat shows, the situation in and around many reserves actively repels that kind of investment.

Large, risk-averse companies won’t invest in areas of the country where the local population doesn’t respect Canadian laws — or even obey local band chiefs. Militant native protesters in these areas may think they’re striking a blow for economic empowerment. But all they’re really doing is reinforcing the stereotype that native tribes aren’t responsible business partners.

The De Beers Victor Mine, located in the lowlands 90 km west of the James Bay Cree community of Attawapiskat, cost $1-billion to create. Before a single diamond particle was extracted, the company negotiated impact benefit agreements (IBAs) with four local communities — including Attawapiskat.

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OPP inaction [on De Beers roadblock] results in ‘lawless’ north – by Brian Lilley (Toronto Sun – Feburary 22, 2013)


Above Commentary by Ezra Levant on February 21, 2013

http://www.torontosun.com/home

Lawyers for the Ontario Provincial Police will appear in court Friday to provide excuses for their inaction in enforcing a court order near the De Beers diamond mine in Northern Ontario.

There are no excuses, and in my view the police force, including OPP Commissioner Chris Lewis, should be cited for contempt. This all stems from a half-dozen protesters from the Attawapiskat First Nation who decided to blockade the winter road that services the mine.

The road is used for resupplying the work site with fuel and equipment too heavy to fly in.

“Due to the blockade, we have lost a total of 14 of the available 20 days to deliver the critical freight and fuel to resupply the mine,” De Beers said in a statement. “Should we not be able to complete the program as planned, we are concerned for the health and safety of our employees at site and the future of our mine.”

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Politicians call for end of blockade (Timmins Daily Press – February 22, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

TIMMINS – Progressive Conservatives and New Democrats are calling for the blockade of De Beers Canada’s diamond mine to end.

Both MP Charlie Angus (NDP – Timmins-James Bay) and MPP Gilles Bisson (NDP – Timmins-James Bay) fear the blockade of the winter road to the Victor diamond mine could cost the region hundreds of jobs. They are urging demonstrators to end the protest, which has cut off a supply line crucial to keep the mine going.

“We have hundreds of families across James Bay and the Timmins region who rely on work at the Victor Mine to pay their bills and save for their kid’s college education,” Bisson said.

Six demonstrators have prevented access to the mine site since Feb. 11, despite a court order issued on Feb. 15 to end the blockade. The protesters come from the nearby First Nation community of Attawapiskat. De Beers Canada has an agreement with the First Nation to mine the site.

In Queen’s Park on Thursday, Conservative Leader Tim Hudak said Ontario Provincial Police should enforce the court order. Hudak said he would “expect the law to be enforced if a judge has an injunction to remove the blockade. It is fair and reasonable to expect law to be followed. “Let’s talk about Attawapiskat. I’ve been there. It’s almost like visiting a Third World country, abject poverty and now we have people blocking a road preventing (others) from going to work and preventing them from getting a paycheque.”

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Aboriginal rights lawyer and academic Pam Palmater throws down the gauntlet to mining companies at Idle No More – Northern Manitoba forum – by John Barker (Thompson Citizen – February 20, 2013)


The Thompson Citizen, which was established in June 1960, covers the City of Thompson and Nickel Belt Region of Northern Manitoba. The city has a population of about 13,500 residents while the regional population is more than 40,000. editor@thompsoncitizen.net

”I’m not surrendering my sovereignty for any more beads and trinkets. When mining companies come to our communities, the beads and trinkets of the past, jobs and training, that’s over’

Aboriginal rights lawyer and academic Pam Palmater threw down the gauntlet to mining companies at an Idle No More – Northern Manitoba forum at the USW Local 6166 Steel Centre Feb. 16.

“I’m not surrendering my sovereignty for any more beads and trinkets. When mining companies come to our communities, the beads and trinkets of the past, jobs and training, that’s over. We’re talking about sharing management ownership of the resource that belong to both treaty partners.”

Churchill riding NDP MP Niki Ashton and the Thompson Neighbourhood Renewal Corporation (TNRC) co-sponsored the 3½-hour “Knowledge is Power teach-in” with Idle No More – Northern Manitoba.

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Attawapiskat councillor accuses De Beers of trickery as showdown looms on diamond mine ice road – by Jorge Barrera (APTN National News – Feburary 15, 2013)

http://www.aptn.ca/

ATTAWAPISKAT–Moments after Steve Thomas, chief financial officer for De Beers, informed a group of blockaders the company would seek an injunction to have police end the ice road blockade, Attawapiskat band councillor Gerry Nakogee grabbed a microphone and accused the diamond mining giant of tricking the community.

Wielding a ballot from the 2005 community vote on whether to accept an impact benefit (IBA) agreement deal with De Beers, Nakogee faced three company officials sitting at a plastic table with fold-out legs during a meeting Thursday at the Reg Louttit Sporstplex.

The sounds of a hockey practice could be heard through one wall. “You tricked us,” said Nakogee. “You want proof, I got proof. This is the ballot that was used that day…that IBA was no good.” Nakogee’s claim was met by cheers and table thumping from the blockaders who were sitting at a table across from the De Beers officials.

Thomas had said earlier the company officials walked into the meeting believing it would bring an end to the now six-day blockade on an ice road leading to the company’s Victor mine site, about 90 kilometres west of Attawapiskat. Now the company had no other choice but to seek a legal end to the disruption, he said.

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Judge calls [DeBeers mine] blockade an act of extortion – by Ron Grech (Timmins Daily Press – February 21, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

TIMMINS – The ongoing blockade outside the Victor diamond mine is not an Aboriginal protest but an act of extortion, a Timmins Superior Court judge declared Wednesday.

Judge Robert Riopelle said the men who are spearheading the blockade are not fighting for constitutional rights, land claims, treaty issues or anything that would benefit the community of Attawapiskat.

These are “individuals with private financial interests, holding a large multinational corporation to ransom,” Judge Robert Riopelle. “It smells of coercion.” Riopelle felt there was sufficient basis for the Ontario Provincial Police to lay criminal charges against the six demonstrators who have prevented access to the mine site since Feb. 11.

The hearing on Wednesday was hastily called late Tuesday, at the request of De Beers Canada, as a followup the injunction order that was made on Friday. Its purpose was to provide direction on enforcing the order.

Riopelle had issued the order, demanding the barricades be removed from the ice road and prohibiting any further obstruction of access to the mine site by the demonstrators.

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Blockade protesters seek new agreement – by Ron Grech (Timmins Daily Press – February 20, 2013)

The Daily Press is the city of Timmins broadsheet newspaper.

ATTAWAPISKAT – The people behind the latest blockade on the ice road to Victor diamond mine are demanding Tony Guthrie, president of De Beers Canada, sign an agreement with the demonstrators.

However, a company spokesman said that is unlikely to happen. Tom Ormsby, director of external and corporate affairs, told The Daily Press the company already has dispute-settlement procedures in place and agreed to review with community members the benefit agreement package signed with the First Nation as recent as this past summer.

Ormsby said latest demand runs “contrary” to previous agreements they have made with the community. “This is a new set of requests that doesn’t align with what we’ve agreed to.”

The demonstrators are demanding the creation of a “joint dispute resolution committee” that would address issues such as employment and training, housing, and compensation for community members whose traplines are located near the mine site.

The demands were faxed to the company. The blockade, located at a turnoff about 100 kilometres from the Victor mine, remains in place despite the fact De Beers won a court injunction in the Ontario Superior Court of Justice on Friday prohibiting anyone from obstructing access to the south winter ice road leading to the mine site.

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Attawapiskat blockade may force De Beers to close mine – CBC News Thunder Bay (February 19, 2013)

http://www.cbc.ca/thunderbay/

Diamond miner says it is still waiting for action on court-ordered injunction

Despite what was called a “successful” meeting with protestors and a court injunction issued Friday, a road block on the winter road to the De Beers diamond mine near Attawapiskat continues. De Beers said if it continues, it may consider temporarily shutting down the operation.

Mine access has been blocked intermittently by a handful of protesters — members of the Attawapiskat band — at several points this month. Some of those people say they have concerns about the community not benefitting enough from the mine.

“These have not been … community initiatives,” De Beers spokesperson Tom Ormsby said. “They’ve been individually driven by individual agendas or individual concerns or claims.”

Because the winter road has a limited lifespan and it’s not possible to ship some supplies by air, De Beers might have to simply lock the front gate. “If we do not get our supplies in, all things are on the table, including a possible closure,” Ormsby added.

Ormsby said the company is still waiting on the court injunction to be acted upon to disband protesters and re-open the road to the Victor Mine.

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