A disproportionate volume of injustice is faced by indigenous communities in regards to extractive industrial operations. Edward Helmore (2012), writing for The Guardian, notes how Panama is at the forefront of clashes between indigenous people and the demand for minerals. The territory of the Ngäbe-Buglé people is situated above one of the richest mineral deposits in Central America. The Canadian mining company Inmet has signed a deal with Panama’s President Ricardo Martinelli to extract 270 000 tons of copper a year.
Silvia Carrera, the leader of the Ngäbe-Buglé is aware of the detrimental environmental impacts the proposals entail. She simply says ‘The land is our mother’ while acknowledging the defencelessness of her people stating ‘we don’t have anything; we have only words… everything they do to us, to our land, to our companions, hurts us’ she notes that ‘this is the struggle of the indigenous people, we call for justice’.
Just Relations and Company-Community Conflict in Mining (Kemp et al, 2011) explores how mining companies knowingly or inadvertently cause conflict or exacerbate grievances within indigenous communities. These concerns are related to livelihood security, land or water access and ownership, and the sense of injustice. Kemp et al (2011) recognise that the search for resources is increasingly reaching environmentally and socially sensitive areas inhabited by indigenous people. Mining companies seek out areas where political and legal institutions are weak or corrupt. Panama has a history of shady banking practices and Martinelli appears determined to find a clause in legislation that protects indigenous environmental resources from exploitation (Helmore, 2012).
When one speaks of justice for indigenous people, there needs to be recognition of the different forms. Distributive justice is a focus on the fairness of the ends achieved which in mining would relate to the fairness of land access and the distribution and intensity of environmental impacts. The Ngäbe-Buglé have been offered no grievances.
Procedural justice refers to the formal processes through which decisions are made which in the extractive industries involves procedures which engage the local community (Kemp et al, 2011). Without strong internal systems capable of identifying and responding to community concerns, situations can escalate as is the case in Panama. In the past week, the Ngäbe-Buglé have protested outside Martinelli’s residence. The National Police Force responded by using teargas, making arrests and fatally shooting three protesters. Panama’s Foreign Minister Roberto Henriquez admitted that this tough response by his government was only producing ‘deeper wounds’.
Interactional justice involves the vital informal interactions between company and community. Martinelli’s lack of commitment to earning the trust of the indigenous community is damaging his proposals. There is little evidence of consideration, honesty or respect from the government just attempts to force the Ngäbe-Buglé to give up their land. Kemp et al (2011) note the importance of an increase in dialogue as building a mutual understanding and awarding everyone a voice is more important than meeting extractive project objectives through consultation only. Without dialogue, justice is less likely to be achieved. The Ngäbe-Buglé feel disengaged and powerless which negatively affects procedural justice as they do not feel they have the ‘institutional space to voice their opinion in a meaningful way within the decision-making process’ (Kemp et al, 2011).
Ultimately, indigenous people in Panama and around the world increasingly need to be awarded the right to self determine. It is their environment and any depletion is detrimental to their quality of life. Yes we need more resources, but there other ways to achieve this. Taking over indigenous land is not the way forward. Surely it is finally time to leave them and their environment alone?
Kemp, D. Owen, J. Gotzmann, N. Bond, C. (2011). Just Relations and Company-Community Conflict in Mining. Journal of Business Ethics. Available: http://www.springerlink.com/content/d89j8kr67g782246/ Last accessed 19th Feb 2012
Helmore, E. (2012). Panama’s village leader Silvia Carrera defies a president. Available: http://www.guardian.co.uk/world/2012/feb/19/panama-protest-silvia-carrera?INTCMP=ILCNETTXT3487 Last accessed 20th Feb 2012
Image: International Rivers http://www.internationalrivers.org/blog/monti-aguirre/2012-2-7/stop-violence-against-ngobe-indigenous-peoples