The Quest for Environmental Justice
Interview with Dr. Yuri Melini
Dr. Yuri Melini is the director of the Center for Legal Action in Environment and Social Issues (CALAS) in Guatemala. He is a long-time defender of environmental justice and the rights of Indigenous people. In June, 2008, CALAS won a case in the Constitutional Court of Guatemala resulting in changes to the opencast mining law – changes that will better protect communities near the mines. Three months after the Supreme Court ruling, Dr. Melini survived an attempt on his life when he was shot seven times. On the same day of his shooting, 50 other environmental activists in Guatemala received threats. Dr. Melini was in Canada in October, 2009 for a speaking tour organized by the Social Justice Committee of Montreal.
e-Au Courant: What has been the impact of the Guatemalan Supreme Court decision strengthening Guatemala’s mining code to better protect communities near mining operations?
Dr. Yuri Melini: This ruling emphasizes and prioritizes the human right to a healthy environment.
The Constitutional Court issued a decision, sentence number 1491-2007, which declared that 7 articles of the Guatemalan mining law, Legislative Decree 48-97, contained numerous unconstitutional provisions. These included violations
against the right to a healthy environment and environmental sustainability. The ruling also addressed the sustainable use of the subsoil, ecological balance and protection of the environment.
e-Au Courant: What are the next steps in ensuring that this ruling has a positive impact?
Dr. Yuri Melini: A new mining bill is currently being discussed in Congress. Through CALAS, I have been advocating for this new law to include aspects of the earlier ruling, to ensure that it includes respect for the human right to a healthy environment. I am also working to advocate for mining practices to be subject to environmental controls, as stipulated under environmental laws. We are also studying mining licenses granted under the law, which was declared partially unconstitutional, in order to see if these mining licenses can be contested.
e-Au Courant: What’s the next big legal challenge?
Dr. Yuri Melini: Right now we’re studying the content of the mining law (Decree 48-97) in relation to the enforcement of the rights of Indigenous peoples to prior and informed consent and to be consulted in good faith, in accordance with ILO [International Labour Organization] Convention 169.
We are going to initiate legal actions against the Marlin license, held by Goldcorp, in San Miguel Ixtahuacan, San Marcos, Guatemala. Our case states that Guatemala did not fulfill ILO Convention 169 establishing the right to prior, free and informed consent of Indigenous peoples settled in the lands bordering the mining project. We will see what the court has
to say.
e-Au Courant: The UN climate summit in Copenhagen is just around the corner. What are your expectations for that meeting? What do you want to see come out of it?
Dr. Yuri Melini: I would expect a global agreement on the levels of carbon discharged into the atmosphere and that governments assume concrete commitments in order to stop global warming as much as possible.
e-Au Courant: Canadian civil society organizations have been working to develop stronger corporate accountability measures for Canadian companies operating abroad. What advice would you give to your Canadian counterparts as they continue to press for legislation to regulate mining companies?
Dr. Yuri Melini: It is important to demand greater transparency, greater environmental and social responsibility. Companies need to implement better environmental standards and, above all, companies should assume mining liabilities and pay fairer royalties.
e-Au Courant: You have been a strong advocate for Indigenous rights. What
are the key environmental justice issues facing Indigenous communities
in Guatemala?
Dr. Yuri Melini: Exclusion, discrimination, racism and denial of citizenship. Social inequities related to access to land, as a legal asset, and the absence of a public policy related to
rural development.
The lack of legal certainty on Indigenous territories and land is also an issue. The framework of ILO Convention 169 is not respected. There is also a lack of willingness to listen to the development perspectives of Indigenous peoples, in the context of their worldview on nature.
e-Au Courant: On the day of the attempt on your life, 50 other environmental activists in Guatemala received death threats related to their work. The UN Deputy High Commissioner for Human Rights denounced the attack on your life and recently made numerous recommendations related to the rule of law and impunity in Guatemala. What, in your opinion, needs to be done to ensure that those responsible for these crimes are brought to justice?
Dr. Yuri Melini: Guatemala’s Attorney General’s Office is weak and full of deficiencies. Many factors are preventing it from consolidating a well defined criminal policy in the struggle against impunity, particularly in cases of human rights advocates, where environmentalists and environmental activists are especially vulnerable. In my case, over a year has already passed (since September 4, 2008 attack) and those responsible remain unpunished.
e-Au Courant: You’ve drawn links between spirituality, peace and the environment. Can you describe how this connection affects your work?
Dr. Yuri Melini: My spirituality is based on a solid faith, on the certainty that what I do is correct and also in the service of the public and in defence of collective interests.
It would seem that my work on behalf of nature and of the inhabitants of this planet is a crime, since I was physically attacked in response. Those who harmed me caused deep wounds and physical damage that led me to the brink of death, but for some reason, God gave me a second life, perhaps so that I can bear witness to His love and the purpose He has for me.
In my heart, there is no hatred. I offer, I have and I give forgiveness to those who harmed me. But as an environmental activist and human rights advocate, I want justice. I look for justice and want to contribute to bringing down the wall of impunity. That is why I move forward, with humility, courage and faith. That trilogy gives me spiritual and physical peace.
e-Au Courant: Is there anything that we haven’t covered that you would like
to add?
Dr. Yuri Melini: My gratitude to all those who have thought about me, who have kept me
on my feet with their prayers and who motivate me to move on. It is clear to me that I
will not retrace a single step, that I will move forward, without fear, with faith in God and
my willingness to continue doing what I have been doing, which is correct and for the common good.
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