Fanny Kaekat, Hortencia Zhagüi and Zenaida Yasacama are part of different indigenous communities in Ecuador. For the past week, they have traveled together across Canada to share their concerns about the free trade agreement currently being negotiated between their country and Canada.
“We will continue to defend our territories with our lives,” declares Mme Yacasama in a determined tone and look.
What they denounce is the presence of a large number of Canadian mining companies on their territories, where the latter would destroy the environment and their means of subsistence. According to a Mining Watch Canada report published in September, 15 Canadian companies are carrying out mining exploration activities in this South American country. Possible human rights violations, including violent repression of opponents of mining companies, are reported in sectors where these companies are active.
Mme Zhagüi lives in a community located not far from activities carried out by the Toronto company Dundee Precious Metals which would present risks of water contamination by arsenic. The activist assures that the local population rejects this project. “It’s a unique ecosystem that is in danger,” said this member of the Kimsakocha women’s agroecology school, which promotes food sovereignty.
Dundee Precious Metals, for its part, says it disagrees with Mining Watch’s assertions. The company’s plan includes “measures to minimize water use and to ensure that water returned to the environment meets the most stringent quality requirements.”
“It’s already difficult to defend against them, and it will be even more difficult if corporate power is reinforced by the free trade agreement,” said Ms.me Zhagüi, who says he fears for his safety and that of his family.
Protection for investors
According to the Government of Canada website, the draft free trade agreement aims in particular to establish “rules concerning the promotion and protection of investments and investors” such as mining companies. We want to establish a “transparent mechanism for settling disputes between investors and States”.
This type of mechanism allows companies to go directly to an international arbitration tribunal to sue a country and demand payment of damages. However, several organizations believe that this protection offered to foreign investors could discourage government efforts to protect the environment or human rights.
“These are legitimate concerns,” said Charles-Emmanuel Côté, professor at the faculty of law at Laval University. “It exposes any state’s measures to complaints. This means that the State must organize a costly defense, in the event that, for example, environmental measures interfere with private rights. »
Mr. Côté believes, however, that free trade treaties can be written in such a way as to balance different interests, by recognizing States’ right to legislate for laudable objectives such as the fight against climate change.
A constructive visit
By email, Global Affairs Canada says it aims “to ensure that the benefits and opportunities created by the free trade agreement are widely shared, including with […] indigenous peoples”.
“We appreciate independent and constructive views and are happy to meet with the visiting delegation as well as Canadian civil society groups,” added spokesperson Jean-Pierre J. Godbout. “Canada remains a strong supporter of the full and effective participation of indigenous peoples around the world in international issues that concern them. Indigenous peoples have the right to participate in decisions that affect them at the global, regional and local levels. »
Fanny Kaekat considers that indigenous peoples were not consulted by the government of Ecuador about this agreement. Having failed to make her voice heard in her country, she and her colleagues decided to travel to speak to Canadians. These conservationists traveled to Toronto, Ottawa and Montreal to meet with federal MPs, the chief negotiator, civil society groups, journalists and Indigenous leaders from across Canada.
“We felt brotherhood with other indigenous peoples. It motivates us, commented Mme Kaekat. We are not alone. »