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In response to the state of emergency imposed by the Peruvian government to protect an unviable mining project “Conga”, in breach of fundamental human rights, and environmental policies of the Peruvian people in Cajamarca. Indignant runakuna demonstrating in Cajamarca (Perú) “Conga NO! Life and water are worth more than gold”

The indignant movement has spread worldwide struggling to protect and vindicate the rights and public spaces of the citizens, as social actors of change and of direct political participation, against the greed and economic interests of a few who have established “policies” of anti-social injustice. The movement is present in every corner of the world and it claims global demands without forgetting the particularities of each context. Thus, the indignation caused by the Conga, unfeasible mining megaproject, has led to the Peruvian citizens to
manifest peacefully against the implementation thereof.

The government’s response to the protests has been to declare, without legal basis, a state of emergency to repress the people (siege), This intrusion of the military seeking to protect the private interests of Newmont Mining, a transnational corporation and ignoring the people’s voice, who claim “we are not commodities in the hands of politicians, bankers and transnational companies” and “our livelihood is not for sale, it is to be protected”

According to the International Criminal Court, a crime against humanity is “violence to life, health and physical or mental well-being of persons, as part of a widespread or systematic attack against any civilian population” by, for example declaring siege, without a legal justification.

Thus, the interference of the military to enforce the command from the executive management of the Peruvian state (state of emergency) infringes any legal basis and the fundamental rights of the citizens of Cajamarca, by restricting the freedom of the indignant, who demonstrated peacefully, upraising against the violation of their rights and livelihoods and the imposition of a mining mega-project, which at all levels puts the population at risk.

This is a project that only benefits the interests of a transnational that corrupts
politicians in order to make profits. Activities of Newmont Mining Corporation
company are known worldwide, their mining practices more than once have
been related to serious harm to entire populations and the environment, causing irreparable damages.

https://www.facebook.com/notes/jaime-chihuala/destrucci%C3%B3n-de-las-condiciones-de-vida-en-yanacocha- crimen-ecol%C3%B3gico-y-de-lesa-h/228696983869699)

There are several releases that have declared the existence of deficiencies in both the Conga project reports, studies and possible physical processes or gravimetry, as well as water resources management and analysis of predictive mathematical models. In adition, the nomination and application of molecular biology technology and genetic manipulation of bacteria to turn the tailings innocuous – called disruptive technologies-, described by some “interested” advocates who defend this particular type of mining projects, lack of any scientific and technical support. It is known from studies issued in Canada, that there is no technology able to mitigate, reduce and nullify the harmful environmental effects of using 10 or more tons / day of explosives, which releases toxic gases and acids characteristic of the explosion, and other noxious “gases that have been trapped for centuries in the innards of the
earth (and) that are released into the atmosphere abruptly.” And the tailings ponds, subjected to control and manipulation by the miners, always have poor monitoring of the institutions of state, and they don’t get the treatment that should be applied to the neutralization according to the rules and procedures, to avoid as far as possible pollution of fresh water sources in the area of intervention.

(http://biodiversidadla.org/Principal/Contenido/DocumentoS/Peru_cabeceras_de_cuenca_en_Cajamarca_Por_que_debemos_defenderlas_y_protegerlas#.TtrZSI7zDCV.facebook ).

It is noteworthy that the Conga project is an open pit mining project in the headwaters of a watershed, which feeds at least five water systems. The resulting pollution seriously endangers the health of the people, the environment, and agricultural and business activity in the area, potentially causing drying and disappearance of 4 lakes.

On the other hand, it is important to note that, unlike other countries, environmental impact studies that are based on extractive projects in Peru are not approved by the Ministry of Environment, and “are performed by consultants hired and paid by the stakeholder companies”, “thereby subtracting credibility to the subject matter hereof and lacking scientific
value”. In the present case, the preparation of the EIA is carried out by consulting closely linked to the Yanacocha mine, who has been causing irreversible damage to the town of Cajamarca for the last 17 years.

These studies do not meet the satisfactory conditions to embody serious reports by UNOPS and OEFA, among UN and allow the violation of fundamental rights protected by the Peruvian Constitution (Art. 38 º, 45 º, 51 º and 138 º 2nd paragraph of the Constitution) that are outlined as follows:

- Thy do not guarantee effectively the right to an adequate and balanced environment that is contained in art. 2.22 of the Constitution. There is no sustainable economic demarcation, or consideration of the OEFA, thus violating a possible balanced development, conservation, and prevention of risks, not concreted specifically in the current design of the EIA approval. (STC Exp. Nº 3510-2003-AA, f.j. 2.e y Exp. Nº 0048-2004-PI f.j. 18)

There is a basic incompatibility with the fundamental right to promote and
ensure a balanced environment, a right recognized in Article 44 of the Constitution.


- The Peruvian government shows not interest in removing the legal and illegal obstacles that prevent the exercise of fundamental rights and environmental matters, held in Article 2 of the American Convention on Human Rights and developed by American Court of Human Rights (Court HR) “and in Article 67 of the Constitution, which requires the Peruvian government to develop a national policy on risk management and environmental care”.

- They do not give rise to any agreement by consulting the people involved,
contravention with the ILO 169.

There is no amount of money that can compensate the damage caused, or the consequences and diseases caused to the population. The –so called- development that wants to be sold to the citizens is an attempt to disguise the real interest directly towards their private assets, diminishing the real possibilities the population to have access to their own resources.

The indignant movement demands a real democracy in which the affairs of the state, that are within its competence, are taken into account through consultation or referendum, so that public participation is effective, and plausible and recognized consensus is achieved, fed from the collective intelligence and democratic participation. Only then the citizens can protect
both their public rights and their right to protect themselves, nurture and maintain their livelihoods and environment. It is mandatory that the people’s voice is taken into account and gets back the power to react against any state contract with transnational companies that seek their own interests, because the population is not a tool for projects that are not viable and pretend to run at the expense and to detriment of the people.

“We shall not allow the economic power of a few, like Newmont Mining Corporatioon, control everything in Cajamarca, including availing itself of the Peruvian army and airports to defend and monitor their economic greed-laden purposes.”

International movement of indignant, Legal Team International.

Mining Yanacocha and the environmental damages.

According to the WHO report that accounts for the presence of heavy metals in living organisms (plants, animals and humans), and the significant pollution that exists, causing various diseases irreversible to entire populations around
the mine. Contamination of the water supply and groundwater in the Yanacocha mining area.


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Press release in support of the student movement in Chile

Democracia real Ya! (Real Democracy Now!), the peaceful protest movement of the ‘Indignant’ who took to the streets of Spain on May 15th to demand real democracy, states its support and solidarity with the Chilean people in their legitimate demand for  free quality Public Education as a fundamental right for all of society. We also support the initiative by the student movement to conduct a referendum to resolve this conflict in a direct and legitimate way, while we condemn the Chilean government’s intransigence, its denial of citizens’ right to assembly and public gathering, and the brutal police actions against the people of Chile.

The Democracia real Ya! platform is an open network of individuals, groups and autonomous movements that work together for real democracy. Democracia real Ya! began in Spain in early 2011 and called for the May 15th demonstration under the slogan: ”We are not goods in the hands of politicians and bankers.” From this call to take to the streets, emerged a spontaneous popular protest in the form of tent cities that later evolved into neighbourhood and town assemblies. All of this constitutes what is known as the 15M movement (May 15th movement), which has united hundreds of thousands of outraged citizens. Currently, we are networking with people around the world.

In the case of Chile, we support the students’ demands for increased public funding in higher education as a percentage of GDP, for a democratization of the system, and for equal access to quality education for people from diverse social backgrounds. We also condemn profit making by private universities that use state funds, which has generated the most expensive, segregated and unequal education system in the world. It’s worth noting that profit in education is illegal in Chile, but for over 20 years society has implicitly accepted it, without the authorities taking any action to deal with this.

In addition, what outrages us today is Chile’s Ministry of Interior’s repeated violation of basic human and civil rights guaranteed in any constitutional democracy. We repudiate the unacceptable violence by the Chilean Police Force, who are using tear gas and water cannons against peaceful demonstrators, causing serious harm to their dignity and health. The Carabineros are also using police infiltrators to incite violence in demonstrations and are have carried out violent evictions of occupied educational establishments, even when students did not put up resistance.

It is intolerable that the government and the special police forces do not allow citizens to exercise their legitimate right to “peacefully assemble without permission and without arms”, stipulated in Article 19, clause 13 of the Constitution of the Republic of Chile. Furthermore, we condemn the refusal of the authorities to permit citizens to exercise their legitimate right to “petition the authority on any matter of public or private interest, with no limitation other than to proceed in a respectful and appropriate manner”.

Due to the above, we support the resolution of this conflict through a plebiscite, referendum, or any other mechanism of direct democracy, which in this case, needs to be ratified by the Congress through a constitutional amendment, so that citizens can legitimately exercise their right to express their will regarding this issue.

In tune with social movements around the world, Democracia real Ya! blames the global financial system for this new form of domination over the sovereignty and self determination of people. We also share citizens’ outrage at the pollution and lack of respect for the environment, including the brutal plundering of natural resources in Latin America.

For all the above reasons, we call on Chilean authorities to heed the legitimate demands of its people for Public Education, to stop the repressive measures against those who exercise their right to demonstrate publicly and to seek a peaceful solution for the sake of the Chilean society.

Finally, we call upon citizens around the world to organize and rise up peacefully to demand their rights. We cannot just sit and wait. We must act. Several parts of the world have already begun to awaken. We must be the protagonists of our own destiny.

Fuerza Chile and to all citizens of the world.

Global Democracy Now.

Democracia real Ya!, August 17, 2011



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