Canada: family of Mexican human rights defender that opposed Canadian mining project files a complaint to the IACHR for alleged failure to protect his life.
GHRTV
19-06-2023
Patricio Trincado Vera
International Justice and Human Rights Researcher,
Global Human Rights Defence.
In June of 2023, the NGO Justice and Corporate Accountability Project submitted a complaint to the Inter-American Commission on Human Rights on behalf of the family of Mariano Abarca. Mr. Abarca was a Mexican community leader and human rights defender that opposed the mining project Payback in Chiapas. Payback was owned by Blackfire Exploration Ltd., a Canadian company that heavily relied on the Canadian Embassy in Mexico to operate its mine.
Mr. Abarca was murdered with impunity on the 27th of November of 2009. Since the establishment of the mine in 2008, Mr. Abarca led his community in the opposition to the mining project, participating in blockades and other activities denouncing the negative environmental effects that it had on his community. As a consequence of his participation in these activities, Mr. Abarca was detained without charges following a criminal complaint issued by Blackfire, was allegedly beaten alongside his son by Blackfire employees, and received numerous threats that eventually led to his death.
The applicants argue that Canada is responsible for failing to protect the life of Mr. Abarca. Even though the facts took place on Mexican soil and outside Canada’s territory, it is argued that Canada exercised effective control or authority. This means that a State is in a position to exercise significant influence over protected rights directly, or indirectly through third party actors, particularly when serious extraterritorial harm is foreseeable. In this particularly case, the applicants argue that the Canadian Embassy in Mexico was heavily involved in the activities of Blackfire, and in the conflict related to the Payback project. They argue that the Embassy was aware of the risk that Mr. Abarca was facing, and it did not do anything to prevent it.
Canada has not ratified the American Convention on Human Rights. Thus, the Inter-American Court has no jurisdiction over Canada, and cases like this can only be subjected to the analysis of the Inter-American Commission on Human Rights, which cannot produce mandatory judgements.
Sources and Further Reading:
Justice and Corporate Accountability Project (2022, June 2). Petition Against Canada for Violations of the Right to Life and Other Rights of Mariano Abarca. Retrieved June 19, 2023, from https://miningwatch.ca/sites/default/files/public_iachr_petition_canada_abarca_june_2_2023.pdf.
