The World Bank declines to hear Haitians' complaint over troubling mining practices

Wednesday, February 18, 2015

This week the World Bank Inspection Panel announced that it would not hear a complaint filed by six Haitian civil society organizations who are concerned about plans for mining in at least five of Haiti's central and northern departments.

The World Bank, since 2013, has been involved in helping the Haitian Government rewrite a 1976 mining law that would, in effect, make mining a more attractive investment for the American and Canadian companies that have been exploring Haiti's soil for the past several years.

View of landscape in Haiti's northeastern department. (Photo credit: Ted Oswald)
The Haitian Government has been divided over plans for mining activity. In early 2013, after hearing that 15% of Haitian land was already under contract with foreign mining companies without their proper approval, the Haitian parliament placed a moratorium on all mining.


It was at this time the executive recommended revamping the old law with the help of the World Bank, in order to help prospects for mining to move forward. Indeed, the current administration is looking to mining as one of the essential industries in helping Haiti "build back better."

Sampling over the past five years have revealed that Haiti has gold worth up to $20 billion, which doesn't include other valuable minerals such as copper and silver.

Yet local communities and the six civil society groups that make up the Justice in Mining Collective (Koleftif Jistis Min) are concerned about the new law and the way they see things proceeding.

Thus far, the new law has been drafted in consultation with mining experts, World Bank staff, and the Haitian government. Civil society has been notably absent, or rather, uninvited to the decision-making table. On one occasion, a few members of civil society were invited to a mining forum at one of Port-au-Prince’s fanciest hotels, but were not afforded an opportunity to speak.

It is feared that, in Haiti’s current political crisis where President Martelly is ruling “by decree,” the draft mining law could be passed by executive order, without even parliamentary approval.

 Patrico in Haiti's northern department. Many communities have reported mining companies coming
uninvited onto their land to dig for soil samples over the past several years. In most cases the communities
don't clearly understand what it is the companies are doing there. (Photo credit: Ted Oswald)


In January, the Justice in Mining Collective, with the help of the Accountability Counsel and NYU Global Justice Clinic filed a complaint to the Inspections Panel of the World Bank, over the high risk of environmental and social impacts of mining as well as the lack of information and participation available to communities over mining plans.

One particularly troubling clause in the new draft law allows for a ten-year confidentiality period for all documents pertaining to ongoing mining in Haiti.

Despite these concerns, which could affect tens of thousands of individuals in Haiti’s northern departments, the World Bank denied hearing the complaint filed by the Justice in Mining Collective on technical grounds.


The Pueblo Viejo gold mine in neighboring Dominican Republic is one of the ten largest in the world
and is an example of open pit mining. It is part of the same Massif du Nord Metallogenic Belt as Haiti.
(Photo credit: Pulitzer Center)

According to the Panel, the transparency and public involvement typically required of World Bank-sponsored projects does not apply to projects funded by the “Bank-Executed Trust Fund,” such as the rewriting of Haiti's mining law, though the Panel admits that it ought to and recommends that reform take place in the World Bank system.

The Panel also conceded that there are significant risks associated with mining, and acknowledged the legitimacy of the Collective’s concerns.

Though the Bank is a key actor in the rewriting of the law and regularly touts the importance of public involvement and local participation, it is acting in this case as yet another exclusionary force that bars Haitian voices in matters that concern their own livelihoods. The Bank must realize that in Haiti's current context, where the government is generally closed off to local opinion, local populations have no audience with decision-makers.

As international backers of the new mining law and investors in the industry, the World Bank must heed Haitians' concerns over mining.

Devotionals

Tuesday, February 17, 2015

"An important discipline in the life of the Spirit is spiritual reading. Through spiritual reading we have some say over what enters into our minds. Each day our society bombards us with a myriad of images and sounds... do we really want our mind to become the garbage can of the world?" (Nouwen, Here and Now, p. 80)


Now that sentiment gets one's attention, doesn't it?! In recent weeks and months, I've found myself enjoying some profound new devotional materials. They aren't necessarily defined as such (i.e. for daily or weekly reading with reflection questions, etc), but they are complimenting each other and my journey so well this season that I wanted to share and recommend!

Henri Nouwen, "Here and Now"


I picked this one up from our office library, which is furnished with hundreds of books either donated or carried down by volunteers over the past few decades. Categorized by chapter, Nouwen's book explores a wide variety of topics. As in many of his works, Nouwen’s central concern is in bringing readers to the present moment –the here and now – trusting God more fully, and delighting in who He is.

The chapters in Nouwen’s book have seemed to come at just the right moments. I first picked this up while home over Christmas, the night before our family celebration of Ted’s 30th birthday (done one month early, so that we could all be together.) A few pages in, Nouwen talks about the special meaning of birthdays, because in them we are given a chance to celebrate a person for who they are- not because of graduation, job promotion or some fine achievement. (I read this aloud before we dug into his chocolate cake the next evening; though I think everyone was just eager to dig into the cake. ;) And then, in early January, I read his exhortation to fight fatalism and lean towards faith. This was on the eve of the 5-year earthquake anniversary in Haiti and a fresh onslaught of negative journalism coverage. His reflection was timely and helpful for the discouragement we can face in our work.

David Winter, "Closer than a Brother"


Closer than a Brother is a re-interpretation of the famous meditation of Brother Lawrence, Practicing the Presence of God. Given to us a few years ago by my mother-in-law, I've read it once and Ted and I are now re-reading it together, "book-on-spouse" style as my dad would say :)

Each chapter is a conversation between the author and Laurie, the kitchen cook at the hospital where they both work. It's full of reminders of the overwhelming presence of God in the day-to-day, and some of the "simple truths" about our faith that are profound and yet still so hard to grasp. A common theme in a few books that I am reading right now is summed up in the most recent chapter we read in Winter's book: "All He really wants is me." A helpful, sort of mind-bending truth, isn't it?

"Living the Christian Year, Time to Inhabit the Story of God"



This was given to me by a friend about a year ago, and it has enriched some of the past ''holy seasons'' immeasurably! The starting premise of the Christian Calendar is that each season is holy. I had never heard of Ordinary Time or quite understood the season of Epiphany or even the Twelve Days of Christmas before reading this book. The book begins with a great explanation of the history and meaning behind the Christian calendar, which is typically followed in the more orthodox Christian traditions and not American Protestantism. It then has guided Scripture reading, prayer and mediation points for each week of the year.

Ted and I especially appreciated the readings on Advent and the Twelve Days of Christmas. Every night we had a common Scripture to read. It helped ground us in the season, in the midst of the strong pull towards frenzy and increased busyness. (I must say, being in Haiti helped with that in its own way.) The explanations on Christmas traditions were also very enlightening. I loved discovering that the Twelve Days begin on Christmas. So really, the party is just getting started! After 40 days of anticipation, the celebration is not over in one day. It's meant to last over twelve days of intentional celebration and joy.

We aren't picking this up every single night, but what's wonderful is that it's always there and makes it easy to delve into the current season. Now with Lent beginning, I am looking forward to using this more intentionally once again.

We welcome your feedback and other suggestions!

"Haitians Love Life"

Wednesday, February 11, 2015

A friend asked me to share on things we are learning and perceiving about Haitian culture. It’s taken me a little while to contemplate this. Culture is funny. It’s ever-present but elusive. When you try to put your finger on one aspect to define or explain it, it slips away. It can be hard to speak generally, when the variance of specifics greets you day by day.

Yet I've decided that one observation of mine can be expressed well in this statement made by a friend, Milo. It’s very simple but profound. “Haitians love life.”

The people of Haiti are generally very open. When walking down the street, you may see many grim or concentrated faces, but once you say “Bonjou” or “Bonswa” you are often gifted with the brightest smile and an equally bright “Bonjou!” in response.

Me, MCC country rep Wilda, and friend/co-worker Estere
Visitors often love and comment on this openness and the hospitality they receive at the hands of mere acquaintances in Haiti. The food portions are grand; the inquiries after your family and your well-being are persistent. People love to connect with others.

Haitians love to laugh, to joke, or “bay blag.” After a full day of staff meetings during November’s konbit, our co-worker who was coordinating the day’s events announced that the evening activity was to simply sit around and “bay blag” with each other. Who would say something like this in the U.S.? We don’t usually plan to sit down and joke with each other; it’s a gift when it happens, but it’s a big part of life here and something people love.

MCC staff Christmas party - lots of announcements and speeches and of course, laughter
Another detail that I love and speaks to me about the openness of the culture, is in the way people talk to each other. There is a French term of endearment that many people know, “ma cherie” in the feminine or “mon cher” in the masculine. In Kreyòl the spelling is different but the pronunciation is the same, and the term is well-used. Men say to other men ‘’mon cher” all the time. While passing by the street market a seller may call me “cherie,” asking what it is I want to buy. Something I associate as such an intimate phrase is freely used in kind greetings and good-humored banter here. I love it!

The presentation of 'secret Santa' gifts - MCC staff Christmas party
And finally, a closing observation.

I have two teenage boys in our backyard right now, emptying out our cistern by bucketing out the last 6 inches of water and then eventually scrubbing it clean. (It's not like they are getting paid the big bucks for this, by the way.) In the midst of their work, they are listening to Celine Dion’s “My Heart Will Go On” on their radio and softly singing along. In the U.S., we make fun of music like Celine Dion’s –we say it’s cheesy. And why is that? Because we are cynical! Perhaps cynicism is not so pervasive here. I think that many Haitians are realists, but enjoy life all the same.

Try your hand at some advocacy!

Thursday, February 5, 2015

Wonder what our work is about? What can ''advocacy'' look like? Well often times it looks like contributing to an ongoing campaign that others have already started. Ted and I are involved in our own efforts with MCC, ones that are growing from the ground up such as our work with housing. However, it is a crucial part of our work to share about specific, tangible advocacy opportunities as they arise, with those near and far.

We know that many care deeply for Haiti and so would jump at a small opportunity to make a change, yes?

One such issue and opportunity is presented here, and it regards illegal deportations of Dominicans of Haitian descent, one further page in the disastrous story of recent prejudicial rulings by Dominican courts. We hope you will take 5 minutes to take part in advocacy to ameliorate the suffering caused by recent illegal activity.

Background

In September 2013, the Dominican Constitutional Court ruled that all children born of parents with illegal status between 1929 - 2010 can no longer claim Dominican nationality. This decision stripped at least 200,000 Dominicans of Haitian descent of any right to citizenship (Washington Post).

As stated in the Post, "The court’s decision enshrines the deep-seated racism and discrimination suffered by Haitian migrants and their children, who have worked back-breaking jobs in Dominican sugar-cane fields and construction sites for many years. It leaves the migrants stateless, lacking even the certainty that their children can receive an education."

Due to significant international pressure, including that from the Inter-American Court of Human Rights, the Dominican government created a pathway for those affected to register to obtain a residence permit, but as a recent report from Amnesty International points out, "Just a tiny percentage of those eligible to register under the law have been able to start the process before time ran out." The deadline for this application period ended on February 1st, and has not been extended.

"The faces of statelessness in the DR. " For more follow @RobinGuittard of Amnesty Caribbean

Even before this deadline, the Dominican Republic has started deporting people without due process. One such illegal mass deportation of 51 people took place on January 27th.

According to Amnesty, 30 in this group were Dominican-born children, others included some of their mothers and 14 other adults. They say "more mass deportations of Dominicans of Haitian descent and Haitian migrants are feared."

Read Amnesty's full report here: http://www.amnestyusa.org/sites/default/files/uaa02015.pdf 

Take Action

So what to do in light of this grave issue? In response to Amnesty's call, you can e-mail Dominican officials urging them to protect these recent deportees and to stop all illegal deportations. 

Address letters to: José Ramón Fadul, Minister of Interior and Police (info@mip.gob.do); Lic. Jose Ricardo Taveras, Director of Migration (info@migracion.gov.do); Andrés Navarro García, Minister of Foreign Affairs (relexteriores@mirex.gob.do) and let Amnesty know what you've done by e-mailing uan@aiusa.org afterwards with "UA 20/15" in the subject line.

Your letter can include a version of the following message drafted by Ted, but please feel free to personalize it according to your own reactions to this news.

Dear Ministers and Director,

I write today in response to the 27 January 2015 expulsion of 51 people, including 30 Dominican-born individuals, from the Dominican Republic without due process.

I write, urging you to:

-allow these children and their families to enroll in the appropriate naturalization and regularization schemes;
-not to use naturalization and regularization procedures to detect alleged undocumented migrants and to stop all deportations of similar measures against applicants in the naturalization and regularization schemes;
-fulfill the Dominican Republic’s obligations under international law, which prohibit arbitrary and collective expulsions, and to ensure that all those facing removal from the Dominican Republic have their cases individually examined in a fair and transparent procedure, where they can challenge the authorities’ decisions and have their case reviewed.

Please consider these requests and redress this situation and the circumstances that precipitated it as soon as possible.


In sincere hope of policies that affirm the dignity of every human being,

(Your name and country)

Learn more


Part of being an advocate is to learn more and to stay engaged. 

If you would like more background on this issue read the reports linked to above as well as No more hope for tens of thousands stateless and at risk of expulsion if residence deadline expires. For interesting history on the intensity of DR/Haiti relations we recommend this short film on the subject.