Please find below a resolution submitted to Goldcorp shareholders today, March 19, 2010 in Vancouver. The resolution was submitted by members of the Maritimes-Guatemala Breaking the Silence Network who are deeply concerned about the situation of the communities affected by the Marlin mine, operated by Goldcorp subsidiary Montana Exploradora, and the rights of indigenous communities throughout Guatemala, in Canada and globally.
Through subsidiaries Entre Mares and Montana Exploradora, Goldcorp Inc. owns approximately 27 mining recognition, exploration, and extraction licenses in Guatemala, many on lands owned or occupied by indigenous peoples.
Guatemala suffered a severe internal conflict during 36 years, with over 200,000 citizens killed and over 40,000 forcibly disappeared, most of whom were indigenous Maya.
The International Labor Organization (ILO) Committee of Experts on the Application of Conventions and Recommendations has asked the Guatemalan government to suspend mining operations that have violated ILO Convention No. 169 (Indigenous and Tribal Peoples), including Goldcorp’s Marlin project in the Western Highlands, until the affected population has been adequately consulted. ILO Convention No. 169 protects the rights of communities to be consulted prior to any developments on their lands.
The United Nation’s Universal Declaration on the Rights of Indigenous Peoples (UNDRIP) protects the right of indigenous communities to free, prior, and informed consent (FPIC) regarding development projects and other use of their lands. Consent must be obtained from affected populations according to their traditional customs or decision-making processes. A precedent-setting case in the Inter-American Court on Human Rights, Saramaka vs. Suriname, upholds this right.
The Special Representative of the United Nations Secretary-General on the issue of human rights and transnational corporations has found that corporations have the responsibility to respect international human rights.
Environmentalists have been targeted in Guatemala, and elsewhere, where mining has generated conflict. Examples of this include the attempted assassination of the Director of the Center for Environmental and Social Legal Action ,Yuri Melini, in 2008, the murder of teacher and Mayan Qeqchi community leader, Adolfo Ich Chaman on September 27, 2009, and the murder of Walter Mendez, son of Arturo Mendez, the community leader who attended last year’s AGM, only months before his son’s assassination. Additionally, three members of the Front in Defense of Natural Resources and People’s Rights (FRENA) have been assassinated since October of 2009. The Inter-American Commission on Human Rights publicly condemned the murders of Guatemalan anti-mining activists on February 25, 2010.
Goldcorp incorporates language of “social license” into its policies but has no policy specifically on the right to FPIC, which leaders in the industry have already adopted.
RESOLVED: Shareholders request that the board create and adopt, by September 1st, 2010, a corporate policy on the right to free, prior, and informed consent (FPIC) for its operations impacting indigenous communities and all communities dependent on natural resources for survival.
PROPONENTS' SUPPORTING STATEMENT
We ask the board to consider the following in creating this policy:
1.To respect the UNDRIP as best practice with regards to FPIC rights.
2.Take specific note of the legal difference between consultation and consent.
3.Implement this policy retroactively to ensure that all our mining licenses were obtained in adherence to this policy.
4.Cease all operations, expansion, and exploration where consent of the affected population has not been obtained by the state.
5.Apply this policy to any license with partial or full Goldcorp ownership.