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This report evaluates the land acquisition process at Goldcorp's Marlin Mine, focusing on fairness, compensation, forced relocation, and respecting collective rights. Stakeholder concerns and recommendations for immediate action and ongoing due diligence are also discussed.
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Human Rights Assessment of Goldcorp’s Marlin Mine Section 5 Land Acquisition Group 1
Background Information Stakeholders • Population of San Miguel - approximately 40,000 in 62 communities • Population of Sipacapa’s - approximately 14,000 people in 54 communities Stakeholder concerns • Price for land was not fair; • Unequal compensation for land sellers; • Coercion of some landowners to sell lands; • Unfulfilled job offers, development projects; • Diminished access to common property resources- towood.
HRIA Focus Areas • Was the land acquisition process fair, transparent and equitable? • Have land sellers maintained or improved their standard of living from the land sales? • Are collective rights being respected in the land acquisition process?
Was the land acquisition process fair, transparent and equitable?
Respecting right to property during acquisition • Avoid forced resettlement; • No coercive measures during land acquisition; • Just compensation to all land sellers; • Informed consent of women and wives to the land sales; • Disclosure of information, consultation and informed participation of the stakeholders
Forced Relocation • No forced relocation; • Land sales and resettlement on a voluntary basis; Relocated families: • 74 % built or moved to other houses in the same communities; • Others exchanged their houses for new houses built by Montana; • Montana paid compensation for affected assets.
Compensation for Land and improvements • Standard price of Q4,000/cuerda for land acquiredaround the mine • consistent, transparent, above-market price for the land (adequacyof the price is now in question though, because of inflation in land values) • compensation above the replacement value of the land • consistent price - safeguard for equity in the treatment of all land sellers Shortcomings – equity of compensation between land sellers • Additional payments to a number of sellers for land imporvement – hinders equity, integrity and non-discrimination of the land acquisition process with regard to other sellers / vulnerable populations
Additional Commitments • Development benefits from the Marlin Mine, either through employment or social investment projects. • Montana - job offers did not constitute a commitment to hire those who sold land or their family members. No written agreement • Local population perceived job offers as commitments, and offers were made and linked to the sale of the lands Local population was not employed by Montana - infringement on the right to own property
Coercion on Land Sellers The existence of pressure, intimidation tactics or coercion - constitutes an infringement on the right to own property. • NGO and interviewed stakeholders – ‘people were selling their lands under pressure and out of fear’. • No oversight mechanisms that could assure the absence of coercion. • Fairness and integrity of the land acquisition process is in question.
Consent of Right Holders • Whether the company obtains consent of women and wives before completing land sales? • Female inheritance is protected by Guatemalan law • Montana has no policies or procedures that would ensure the consent of women and wives is obtained prior to completing land sales or re-settlement
Have land sellers maintained or improved their standard of living from the land sales?
Improved Standard of Living? • Land sales = opportunity for enhancement of the social and economical rights of sellers, but it can result in infringement of rights as well • Positive outcomes • Negative outcomes
Improved Standard of Living? • In order to recognize and address potential outcomes, due diligence is necessary • Montana did not monitor short- or long-term impacts of land acquisition and is therefore unable to address the issues
Are collective rights being respected in the land acquisition process?
Collective Rights • Indigenous peoples: individual ownership + common property resources and collective rights over the lands (protected in Constitution, Peace Accords, ILO C169) • Concept of free, prior and informed consent • Spiritual aspect of land: religious or cultural significance
Collective Rights • The ownership of indigenous lands not always clear – the concept of elders holding the title of ownership on behalf of the community • Access to common property resources (water, wood) … lack of prior evaluation • Process of converting the usufruct rights into full ownership rights underlying collective rights of indigenous people
Recommendations Immediate Action • Adopt a moratorium on land acquisition. • Adopt a moratorium on using the titulacionsupletorio process. • Identify and support at -risk families. LegacyIssues • Convene an independent review of historical landacquisition. • Implement a revised land seller follow-up program. • Develop a program to ensure access to wood.
Recommendations Ongoing Due Diligence • Implement a land acquisition policy with reference to international best practice. • Adjust land prices. • Ensure fairness in valuations of improvements • Provide access to independent advisors. • Clarify process for land transfer at closure.