MiningWatch Canada submits our response to the Canadian government, as part of a consultation with civil society on a potential Free Trade Agreement with Ecuador. We are concerned about a lack of transparency in this process for our partners in Ecuador, who were unaware or informed about the consultation process. The following submission amplifies their concerns about: the rights of Indigenous communities to self-determination and the responsibility of Canadian mining companies to respect free, prior, and informed consent; increased violence against human rights and Indigenous and environment defenders; a lack of due diligence before trade and investment agreements are signed; the use of investor-state dispute settlement as a way to undermine human rights, including Indigenous rights, and the rights of communities to protect their territories and water.
MiningWatch makes the following recommendations:
- Ensure the right of meaningful participation and consultation with Ecuadorian affected communities and civil society organizations
- Respect the right to say 'No' to mining projects and uphold Indigenous rights to free, prior, and informed consent (FPIC)
- Do not advance any new trade and investment agreement without an empowered independent ombudsperson and without human rights due diligence legislation (mHRDD)
- Reject any agreement that includes ISDS