Government seeking full withdrawal of Chinese Landing Precautionary Measures by IACHR

Government seeking full withdrawal of Chinese Landing Precautionary Measures by IACHR

By Svetlana Marshall

Minister of Parliamentary Affairs and Governance, Gail Teixeira announced today that the Government has written to the Inter-American Commission on Human Rights (IACHR) seeking a withdrawal of the precautionary measures granted in favour of Chinese Landing, the Indigenous Carib Community in Region One that has long complained about a series of human rights violations, and mining infractions. 

IACHR, in granting the measures last July, said the people of Chinese Landing were in a serious and urgent situation, given [that] their rights to life and personal integrity was at serious risk.

The International body urged the Government to take necessary steps to uphold the rights of the Indigenous people.

But while addressing the issue today during a press conference at her New Garden Street Office, Minister Teixeira disclosed that Government is seeking a full withdrawal of the precautionary measures against Guyana.  

“In fact, what we did with Chinese Landing, we asked for a withdrawal of the precautionary measures as they are not based on facts. It’s a misrepresentation, so we asked formally, to the IACHR to withdraw the petition against Guyana,” the Minister of Parliamentary Affairs and Governance said.

Following the granting of the precautionary measures, the Government dispatched a non-ministerial fact-finding team to Chinese Landing to have a greater understanding of the issues facing residents there. 

Village of Chinese Landing

The residents of Chinese Landing Village Council have been calling for the Government to revoke the mining permits issued to a businessman to operate on the land in the village.

The Caribbean Court of Justice had flagged the Guyana Geology and Mines Commission for issuing the businessman with a cease work order.

According to the residents, the presence of the “outside” miners poses a threat to their safety and well-being as well as their socio-economic development.

In a direct response to the precautionary measures, the Government, in August, halted all mining activities in the village. 

 Minister Teixeira said the Government has since submitted a report to the Inter American Commission on Human Rights, which includes a body of evidence to support its position.

Though it has received an acknowledgement of that submission, the Government has not received a substantive response from the Commission. 

But the Chinese Landing Village Council is not the only group that has filed a petition against the Government at the level of IACHR or at the level of UN organisations. 

According to the Minister Teixeira, while not a single petition was filed against the country between 2015 and 2020, a total of nine (9) petitions have been filed since 2021 by a number of non-governmental organisations including the Guyana Press Association (GPA), the International Decade for People of African Descent Assembly – Guyana (IDPADA-G), and the Amerindian Peoples’ Association (APA) among others.

Only four (4) petitions were filed between 1999 and 2015. 

Minister Teixeira said the increase in petitions recorded since 2020 is not a reflection of increased human rights violation on the part of Guyana but rather a reflection of the society’s confidence in the complaints mechanism in place based on international conventions signed unto by the country.

She said in keeping with its obligation, the Government has a responsibility to respond to those petitions, and she said the majority of the cases lack merit.  

“Our right is to make sure that in our response that we are factual. And I would believe from a social conscience point of view, that if one makes a complaint on your country, you should at least be factual. In many of the cases, we found of the cases that have been brought, there are not based on facts, there are misrepresentation,” the Minister of Governance told reporters.  

Minister Teixeira said while the individuals and organisations, under the Conventions that Guyana has ratified over the years, have the right to approach various regional and international regional bodies, they should first consider utilizing the domestic mechanisms in place to seek redress. 

She said unlike some countries, Guyana has numerous reporting mechanisms in place at the level of the Constitutional bodies such as the Human Rights and Service Commissions but also non-constitutional bodies such as the Police Complaints Authority.

The Human Rights Commission has not been active for a number of years. An Opposition MP recently filed a Court case to compel the Government to establish the Human Rights Commission as prescribed by the Constitution.

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