Pursuing Remedies for Individuals
Disputes over controversial resource development projects are unfortunately often marred by violence and intimidation. Governments have seized on such incidents as an opportunity to penalize leaders of the opposition to a project, even in the absence of proof of legal responsibility. Nor have governments responded forcefully when environmental defenders have been the victims of attacks by others.
Whether individual environmental defenders are wrongly accused, sued, or the victims of attacks, they may need legal help. To see how EDLC can assist in these situations, see Helping Individuals and the resource section Protecting the Rights of Environmental Defenders.
Negotiations
Communities may pursue negotiations with corporations and governments concerning proposed resource development projects. The negotiations may seek to halt the project, or to resolve critical issues relating to the project (local participation in decision-making concerning the project, revenue sharing, funding of local social development projects, employment of local people on the project, environmental and social safeguards, etc.).
Most communities have little or no experience in negotiating with corporations or governments, especially on complex issues of this type. Local legal assistance is often difficult or impossible to obtain. EDLC may be able to help in obtaining legal representation for communities in these negotiations through EDLC's law firm pro bono program. For an example of a major law firm negotiation on behalf of indigenous communities, see Maya Achi of Guatemala.
Networking
Communities considering holding local votes can of course benefit from the experience and knowledge gained by other communities that have held such votes. EDLC can help communities network with NGOs and others who have been involved in local votes on resource development projects.
International Observers
In response to a request for international observers, EDLC staff attended the local vote on the proposed Rio Blanco mine in Peru in 2007. See an Observer's Account of a Vote. Should a community be in need of international observers at a local vote, EDLC may be able to assist in enlisting such individuals.
We believe that community consultations are the use of reason, the use of a group of people’s word of honor…
- Daniel Pascual, Director, Committee for Peasant Union, a Guatemalan indigenous association