A landmark judgment issued by the 6th International Rights of Nature Tribunal has declared 14 Canadian mining companies guilty of violating the Rights of Nature and Indigenous rights across South America and Serbia. The verdict was delivered on February 28, following a day-long session at the University of Toronto.
The Tribunal was created in 2014 to bring a new approach to international environmental law, modelled on approaches to war crimes and human rights. Although the tribunal’s rulings are non-binding, they have a track record of impacting outcomes on the ground.
This tribunal, strategically timed to coincide with the Prospectors and Developers Association of Canada Conference, focused on “The Post-Extractivism Non-Mining Era” and examined cases from Argentina, Brazil, Chile, Ecuador, Serbia, and Canada itself.
It featured powerful testimonies from Indigenous leaders who traveled from across the Americas to share their experiences. Among the most prominent was Zenaida Yasacama, vice president of the Confederation of Indigenous Nationalities of Ecuador (CONAIE), Ecuador’s largest Indigenous rights organization.
Yasacama delivered impassioned testimony about the devastating impacts of extractivism in her country: “This starts to contaminate because we have already lived it for more than 50 years in Ecuador with oil extraction. Today, women are the most affected by diseases, and we believe the same will happen with mining activities. In our communities, we live in harmony, but this harmony is increasingly disturbed with the entry of petroleum companies.”
“In our communities, we live in harmony, but this harmony is increasingly disturbed with the entry of petroleum companies.”
She criticized Ecuador’s failure to enforce its constitutional protections for nature: “In our opinion, the Constitution of the Republic of Ecuador has had no effect; rather, it has been violated by governments and the current government. It absolutely does not guarantee us anything, and that is why the threat to territories, the environment, nature, and the lives of Indigenous peoples, peasants, and all defenders who defend life is increasingly prevalent.”
Yasacama formally requested the tribunal to “urge the Canadian parliament and the Ecuadorian Constitutional Court not to approve this trade agreement [a free trade deal between Canada and Ecuador], especially not to approve the inclusion of international arbitration because it violates our constitution and could increase violations of Indigenous peoples’ rights and environmental damage.” She also called for “the immediate withdrawal of Canadian mining companies so they will not continue destroying nature and the territory of Indigenous peoples and the páramos.”
‘A scandal, not a tragedy’
Judge Tzeporah Berman, chair of the Fossil Fuel Non-Proliferation Treaty, delivered one of the most powerful statements of the proceedings:
“Listening to the heart-wrenching testimony today, more than once I thought, this is a tragedy. And then I reminded myself that a tragedy is a problem for which there is no solution. A problem which has a known solution that is not being acted upon is not a tragedy. It’s a scandal.”
Berman continued, “It’s a scandal that Indigenous land defenders are jailed, disappearing, and murdered for their attempts to protect their homes and the natural living systems that support all of our well-being. It’s a scandal that Indigenous peoples are being shut out of their own territories so that Canadian mining companies can destroy sacred places and rare ecosystems.”
Global crisis of biodiversity
The tribunal highlighted how these mining cases represent part of a broader environmental crisis.
“As a Canadian, I have to say that I’m horrified and embarrassed by the harmful practices of Canadian mining companies and the blind eye that my own government is turning.”
“Today I know, we all know, that globally one million species are threatened with extinction. That 75 per cent of the land-based environment has been severely altered. That less than 20 per cent of the world’s forests remain intact,” Berman said.
The tribunal heard testimonies detailing environmental destruction, water contamination, and human rights abuses linked to mining operations in multiple countries, including the Belo Sun gold mine in Brazil’s Xingu territory, lithium mining in Argentina, and uranium mining in Canada.
Canadian government complicity
The tribunal identified not only the mining companies as perpetrators but also implicated the Canadian government for its endorsement and lack of oversight.
“As a Canadian, I have to say that I’m horrified and embarrassed by the harmful practices of Canadian mining companies and the blind eye that my own government is turning,” said Berman.
Judge Danii Kehler, a Cree artist from Kawacatoose First Nation on Treaty 4 territory, added: “I am completely appalled to learn about the destruction that is happening to indigenous people across the world at the hands of the Canadian government and industries. Canada is known for its representation of being a peacemaker and a country full of love and one of the greatest places on earth. And I have to say, it is if you’re a non-Indigenous person.”
Free trade agreements under fire
Viviana Hererra of Mining Watch Canada presented evidence regarding the Canada-Ecuador Free Trade Agreement, which wrapped up in January but has not yet been ratified.
“A central focus of this free trade agreement is support for foreign investment in mining. Given the often violent imposition of mining development in Ecuador, it can be anticipated that this free trade agreement will exacerbate socio-environmental conflicts, human rights violations, the militarization of territories, and threats and intimidation against indigenous and environmental defenders.”
Hererra highlighted that “despite the fact that Ecuadorians voted overwhelmingly in a popular referendum against ISDS [Investor-State Dispute Settlement], Canada has pushed to include it in the final trade agreement with Ecuador.”
Indigenous knowledge as the only way forward
Casey Camp-Horinek, councilwoman and hereditary drumkeeper of the Women’s Scalp Dance Society of the Ponca Nation of Oklahoma, emphasized the central role of Indigenous perspectives:
“Indigenous knowledge is the future of environmentalism. In our ceremonial relationship with all that is, we listen to the guidance of our relatives. Whether they are in the form of a tree, of a blade of grass, of the mountains, of the deserts, of the winds, of the fires, of the waters, of the fish, and on, and on, and on.”
Camp-Horinek added “Indigenous rights, human rights, and rights of nature are iterations of one basic truth: The natural laws of Mother Earth and Father Sky are the only true and relevant laws that must be honored. Humans must align their written law with natural law or risk being eliminated from this sacred circle of life.”
Specific cases and recommendations
The tribunal’s recommendations, issued on February 28, addressed multiple cases:
In Brazil’s Volta Grande do Xingu region, the Belo Sun open pit gold mining project had its permits suspended by the courts in 2022. But a recent federal court ruling transferred responsibility for permitting from federal to local environmental authorities, causing stock in the project to soar as it is now expected to proceed — despite significant concerns about its environmental impact.
For the Belo Sun project, the tribunal will:
– Denounce abuses to the Canadian Government Ombudsman
– Demand respect for Free, Prior, and Informed Consent
– Call for the suspension of destructive projects
– Issue a letter of support for José Rones, arrested for resisting the mining company
In Penco, Chile, the Aclara Resources rare earth minerals mining project was initially rejected on the basis of significant environmental concerns. It is now expected to proceed.
For the Aclara Resources project, the tribunal will:
– Hold Chile and Canada accountable for persecution of affected communities
– Protect Chile’s remaining forests
– Recognize the rights of the Queule, an endemic tree threatened by mining
In Canada, uranium mining is concentrated in northern Saskatchewan and generates radioactive tailings and the potential for water and soil contamination. According to the National Institutes of Health, uranium mining contaminates the environment with radioactive dust, radon gas, water-borne toxins and increased levels of background radiation.
For the uranium mining industry in Canada:
– Scrutinize the concept of “consent” within the nuclear industry
– Denounce labor rights violations and sexual harassment against women
– Reject nuclear as a clean energy solution
– Demand mining companies uphold UNDRIP in its entirety
In Ecuador, Canadian mining projects have already led to severe consequences for the environment and Indigenous communities. The looming Ecuador-Canada Free Trade Agreement threatens to entrench those harms. For more, see our recent on-the-ground reporting from Ecuador on the impacts of Canadian mining projects.
For Canadian mining projects in Ecuador, and the free trade agreement:
– Urge both parliaments to reject the Free Trade Agreement
– Demand immediate withdrawal of Canadian mining companies
– Issue an international declaration rejecting mining activities
– Demand implementation of Rights of Nature as outlined in Ecuador’s Constitution
‘No more green colonialism’
Heather Milton-Lightning, a Cree woman and longtime environmental activist, served as the head judge of the tribunal. She concluded the proceedings with a call to action:
“I think in conclusion, being an Indigenous person in Canada, I really want to say it’s time for land back. I also want to say there needs to be no more green colonialism. We need a just transition that is both just and led by us, for us. And when I say us, I mean Indigenous people, the front lines, and the grassroots.”
“Being an Indigenous person in Canada, I really want to say it’s time for land back. I also want to say there needs to be no more green colonialism.”
She added, “I consider Canada committing ecocide, and furthermore should be responsible for the remediation and repair of the damages in all of these cases, including the removal of these corporations from all of these countries.”
The tribunal’s Earth Prosecutor, James Yap, Toronto based international human rights lawyer, summarized the proceedings: “The industry claims it is building the future, but the only future it guarantees is one of drought, contamination, and displacement. But the future is not yet written. Today, we reject the myth that extraction at all costs is inevitable.”The findings and recommendations from this tribunal will converge into a final verdict titled “For a new pact with Mother Earth,” scheduled for release at a dedicated session during the UNFCCC COP30 in Belém, Brazil, in November.
