Category Archives: Colonialism and Resistance

Human rights, ecology, in the spotlight as Canada-Ecuador trade talks move forward

Behind all the bad-news headlines from Ecuador these days (political murders, gang violence, a government crackdown, a police raid on the Mexican embassy), Indigenous people and environmental groups continue to organize in opposition to resource extraction industries.

On April 21, they claimed victory when voters rejected two government proposals that would have fortified investments by transnational corporations and provided “flexibility” in their ways of contracting workers. Those victories, however, are overshadowed by approval of a range of security measures that, in turn, provoke greater concern about human rights under President Daniel Noboa.

Headlines in English about the April 21 referendum focused on President Noboa’s security agenda. La Jornada (Mexico) and TeleSUR (Venezuela) examined Noboa’s failure to advance his market-oriented economic agenda.

The proposals to expand public security that were approved include: involvement of the armed forces in fighting crime, increased penalties for serious crimes, the possibility of extradition of citizens to face charges in other countries, seizure of illicitly-obtained good, and restrictions on private ownership of weapons.

In contrast, the package of measures sought by corporations were rejected: international arbitration of investment and trade disputes, and a measure that would establish time-limited contracts and hourly-work—the “flexibility” to replace permanent, full-time jobs. 

Meanwhile, in the face of human rights and security concerns, Canada is pressing ahead with plans for a free trade agreement with the South American nation.

Canada’s objectives for negotiating this FTA look nice: “a modern, ambitious and inclusive trade agreement, reflecting the latest approaches, including in areas such as digital trade, trade and gender, environment and labour.” Mention is made of women, Indigenous peoples and labour rights.

But it is the experience of Indigenous people in Ecuador with Canadian mining companies and with the Chevron Texaco oil giant that drives opposition to free trade and one of its hallmarks: protection of foreign investors.

Canadians have seen the harmful effects of investor-state dispute settlement (ISDS) processes, both with corporate lawsuits against Canada and others involving Canadian companies overseas. (One of the latter with which I became very involved was that launched by mining companies against the government of El Salvador after it rejected an application to re-open a gold mine in Cabañas department. Salvadoran water defenders and their international allies won that fight, but such victories are rare—and our victory has provoked a cruel response by the present government.)

Stuart Trew of the Canadian Centre for Policy Alternatives (CCPA) points to a “litany of expensive and controversial ISDS awards against Ecuador involving natural resources” that led the former government of Rafael Correa to withdraw his country from ISDS processes. Constitutional reforms in 2008 include a ban on such arbitrations, and it was this article of the constitution that the Noboa government sought to amend in the referendum. 

Throughout the lead-up to the vote, the Union of People Affected by Texaco/Chevron Operations (UDAPT), the Indigenous and peasant movement led by the Confederation of Indigenous Nationalities of Ecuador (CONAIE), and others like Acción Ecológica campaigned to ensure the “no” vote.

On its website, Acción Ecológica maintains ongoing actions on mining, petroleum, protection of nature defenders, and free trade.

Christian Pino, a lawyer who specializes in investment law, welcomed the result, saying that approval of international arbitration of investment disputes would have benefited the transnationals and those Ecuadorans who hold their investments in offshore “fiscal paradises.”

I like to say that I have been fighting free trade since 1848, when Karl Marx and Friedrich Engels described it in The Communist Manifesto as “that single, unconscionable freedom” that drowns all others. But no: more like 1988, when Canadians gave Brian Mulroney a mandate to sign the first FTA with the United States, abandoning more than a century of caution in Canada-U.S. trade relations, transforming modes of production, and provoking the loss of more than 300,000 jobs. 

So this is not our first free trade fight or struggle to defend human and ecological rights in the face of resource extraction companies. As these FTA negotiations proceed, bear two things in mind: 

  • In the Harper years, when Canada was negotiating free trade with Colombia, we called for a “human rights impact assessment” (HRIA) but ended up with a fake mechanism that has failed to protect rights. 
  • We also pressed for a ombudsperson who could press for accountability by Canadian companies operating overseas so as to protect individuals and organizations who complain about abuses. But we ended up with a toothless office, the Canadian Ombudsperson for Responsible Enterprise (CORE), that has no investigatory power.

CCPA, together with MiningWatch Canada and Amnesty International, have amplified the concerns of Ecuadoran organizations and shared them with Canadian parliamentarians.

While any Canada-Ecuador FTA cannot now include ISDS, the deal could still exacerbate the human rights situation in Ecuador.

“Amnesty International Canada’s Human Rights Agenda for Canada calls for guarantees that no free trade agreement will advance without meaningful consultation with affected Indigenous Peoples and their organizations and their free, prior and informed consent. The organization is also calling for credible, independent human rights and environment impact assessment of any proposed trade agreement,” states an April 30 news release from the three Canadian organizations.

We can do better this time.

No Ecuador trade deal without human rights, consultation and consent

If you too wish to express your concern about Canada’s free trade plans for Ecuador, Amnesty International has set up a page from which you can send a message to Trade Minister Mary Ng telling Canada to put human rights and the environment first.

Haitian claim for slavery reparations at the heart of a UN forum

by Jim Hodgson

A United Nations forum on the historic wrongs committed against people of African descent is building momentum in favour of an international tribunal on atrocities dating back to the transatlantic trade of enslaved people.

When the UN Permanent Forum on People of African Descent (PFPAD) held its third session in less than two years in Geneva in mid-April, African and Caribbean governments together with civil society organizations pressed forward with plans to create a tribunal that would be similar to that which oversaw the Nuremberg trials of Nazi war criminals after World War II.

Proponents say such a tribunal would help establish legal norms for international and historical reparations claims.

Supporters include many members of the Caribbean Community (CARICOM), made up of 15 member states, and the African Union (AU), which includes 55 states—and Antonio Guterres, the UN General Secretary. “We call for reparatory justice frameworks, to help overcome generations of exclusion and discrimination,” he said March 25.

Supporters argue that Western countries and institutions that continue to benefit from the wealth slavery generated should be held accountable, particularly given ongoing legacies of racial discrimination. Opponents say that contemporary states and institutions should not be held responsible for historical slavery.

The World Council of Churches was among faith-based and civil society organizations that came together at the PFPAD forum to examine what states and other actors may do to redress the historic exploitation and harms that Africans and people of African descent have suffered. (You can learn more here about global ecumenical efforts to overcome racism, discrimination and xenophobia.)

Righting the wrongs in Haiti

Given that Haiti’s claim for reparations is among the strongest, the voices of Haitian civil society groups and their diaspora counterparts were heard at the PFPAD forum. 

Those groups used the forum to put a spotlight on the crucial role that Haiti played in the struggle to end slavery. “To recognize the historic context is essential to understand the unique position of Haiti in the global struggle for justice and egality,” they said in a statement before the forum. Participating groups—including the Montana Accord network and of the Haitian-American Foundation for Democracy (HAFFD)—said they strongly approve calls for reparations to Haiti.

Le Marron Inconnu, and in the background, the National Palace before the 2010 earthquake.

Haiti was born as an independent nation in 1804 after the enslaved people revolted against their French colonial masters. The values of “liberté, égalité et fraternité,” expressed in the triumph of the French Revolution in 1789, resonated among slaves in Saint-Domingue, France’s richest colony. In 1804, the world’s first successful slave rebellion resulted in the birth of the Republic of Haiti. 

Beginning in 1825, France squeezed an “independence debt” from Haiti that adds up to at least $21 billion in today’s dollars. That estimate comes from The New York Times, but backers of the reparations claim say the amount is much higher.

“It’s $21 billion plus 200 years of interest that France has enjoyed so we’re talking more like $150 billion, $200 billion or more,” Jemima Pierre, professor of Global Race at the University of British Columbia, told Reuters.

Despite the obvious injustice of that debt, France continues to resist pressure to join in reparations. In August 2010, about 100 prominent academics, authors, and human rights activists signed on to an open letter to then-President Nicolas Sarkozy, arguing that the case for repayment was “morally, economically, and legally unassailable.” France dismissed the petition, pointing to its record of delivering other aid to Haiti and not addressing the legitimacy of the debt.

“What’s important is that it’s time that France recognises this and we move forward,” Haitian civil society activist Monique Clesca told Reuters. France, whose development agency has given hundreds of millions of dollars in aid to Haiti, has previously referred to a “moral debt” owed to Haiti.

Trans women in Mexico say: “They’re killing us”

by Jim Hodgson

In Mexico, the new year began with a series of highly-publicized murders and beatings of Trans women. The violence, sadly, is not rare: Mexico follows only Brazil with the highest numbers of murders of LGBTQIA+ people each year. The fact that they’re being talked about at all is what’s unusual.

Two of the women who were killed were active in party politics. A woman beaten by her fiancé is a well-known social media “influencer,” Paola Suárez. The incidents are reminders of the breach between much-improved legal protection for LGBTQIA+ people in most of Latin America, and the harsh realities of day-to-day life where many men still hold to old ways. More on that below.

The assassination of Samantha Gómez Fonseca came the day before a planned march by Trans women in Mexico City.

Samantha Gómez Fonseca, 37, had launched a campaign for a seat in the national Senate as a member of the ruling MORENA (Movement for National Regeneration) party. She was shot and killed on Jan. 14 in the street after a prison visit in the Xochimilco area in the south end of Mexico City. 

Miriam Noemí Ríos, part of the Citizens’ Movement party (MC) in Michoacan state, was shot and killed Jan. 11 in Zamora, Michoacan. She was a candidate for the municipal council in nearby Jacona. 

Miriam Ríos (left) is remembered in Michoacán state. In Hidalgo, Gaby is remembered as the first Trans woman to come out in Ixmilquilpan more than 20 years ago.

“What is going on in Mexico?” demanded Salma Luévano Luna, a Trans woman who is a member of the national Chamber of Deputies for the MORENA. 

“Why do we have four violent deaths of Trans women already this year? They’re killing us.

“This is what I am talking about when I say that hate speech is the entry point for hate crimes. For this, I demand justice for Samantha and all of my sisters. Enough. Not one more.” 

Luévano had been in the news just days early after President Andrés Manuel López Obrador had referred to her as “a man in a dress.” He apologized a day later, and she accepted the apology, but the incident still rankles among Trans activists. 

The words of the prophets are written on the walls of the National Palace: “Trans Lives Matter.” The graffiti was created during the Jan. 15 Trans mobilization.

Others killed in the first two weeks of the year included Gaby Ortiz, whose body was found beside a rural highway near Ixmiquilpan, Hidalgo. In Coatzalcoalcos, Veracruz, the bodies of Vanessa, a Trans woman and her partner (whose name is not given) were found in their home. The Arcoiris organization points to two more: a Trans woman whose name is not known found shot in the back and dead Jan. 13 in Tlaquepaque, Jalisco, and a person identified as 35-year-old Fabián Kenneth Trejo, who died Jan. 14 in the Álvaro Obregón area of Mexico City. 

“All of the victims, known and unknown, deserve justice,” said the Human Rights Commission of Mexico City in a statement Jan. 15. The commission called on authorities to investigate in ways that take seriously their gender identity and political activities “so that truth be known, leading to sanctions that are necessary for the transformation of the structural conditions that will allow LGBTTTIQA+ populations to live free from violence.”

From 2007 through 2022, a total of 590 Trans people were murdered in Mexico. That’s an average of 53 each year. 

Unfortunately, few violent crimes in Mexico result in criminal charges, especially if the victim is from a marginalised group. In July last year, Ulises Nava, the head of a sexual diversity unit at the University of Guerrero in Chilpancingo was shot and killed while attending a LGBTQIA+ conference in Aguascalientes. In November, Mexico’s first openly non-binary magistrate and prominent activist Ociel Baena was killed; the body of their partner, Dorian Herrera, was found at their side. Police have treated the crime as one of passion. But activists, including Salma Luévano, the member of the Chamber of Deputies cited above, are sceptical. 

“To be Trans is to transgress the social order,” say the authors of fascinating essay, International Borders and Gender Borders, about the experiences of Central American Trans people among the migrants who are passing northward through Mexico. Trans people, they write, “challenge the heteronormativity of social and religious ways of thinking and being,” with all of their patriarchal norms and values. That system imposes a “binary, heteronormative” set of rules that try to restrict “each person within parameters that dictate gender roles, sexual orientation, and the spaces and tasks that are designated for each biological sex.”

That essay brought to mind two writers whose work is available in English. Neither is Trans, but both helped to shape my own thinking about gender, borders and identities.

Borderlands (above); a portrait of Marcella Althaus-Reid by Scottish artist David Martin hangs in a classroom at New College School of Divinity at the University of Edinburgh.

When I was living in Cuernavaca in the late 1990s, friends recommended the work of the Chicana lesbian writer Gloria E. Anzaldúa (1942-2004), particularly Borderlands/La Frontera: The New Mestiza (1987). Born in Texas, she lived her life across the U.S. southwest. Some of her gems, retrieved from the internet (as my copy of the book is in Canada and I am in Mexico):

“Culture is made by those in power- men. Males make the rules and laws; women transmit them.”

And:

“This land was Mexican once,

was Indian always, 

and is. 

And will be again.”

I would also suggest reading work by or about Marcella Althaus-Reid (1952-2009), who challenged the foundations of patriarchal Christian theology with her “indecent theology.” A hint: “All theology is sexual theology.” Here’s a good introduction from Kittredge Cherry.