The Tribunal for the Rights of Nature Declares Canadian Mining Companies Guilty

After hearing testimony from environmental activists and defenders from these countries regarding the negative consequences of mining operations, the tribunal found Canadian mining companies guilty of violating collective rights, Indigenous rights, and the Rights of Nature in 14 cases across South America and Serbia.

"Who asks Nature? Who asks Mother Earth, the water, or the air for permission before carrying out the destruction they are planning or already executing? Violating the Rights of Nature is also violating Indigenous Rights and Human Rights—one cannot exist without the other," stated Judge Tom Goldtooth of the Indigenous Environmental Network in the tribunal’s final declaration.

In addition to its final ruling, the tribunal issued a series of recommendations regarding the cases presented and called for immediate action from governments, international organizations, and relevant stakeholders. The tribunal specifically identified Canadian mining companies as perpetrators, operating with the backing of the Canadian government.

San Juan's Testimony at the Tribunal

As previously reported by DIARIO HUARPE, among the Argentine activists who testified was Domingo Jofré, a member of the "Jáchal No Se Toca" Assembly. He described how mining activities have polluted the Jáchal River with heavy metals, destroyed glaciers and high-altitude ecosystems, and endangered local water sources.

Jofré also denounced political corruption, which allows these companies to operate with impunity, and demanded that they be barred from financial markets and stock exchanges. Additionally, he informed the tribunal about the advancement of the José María project, which poses further threats to water sources and glaciers in the region.

"For the sake of Nature, justice must be served," Jofré pleaded at the end of his testimony.

His complaint was echoed by Enrique Viale, an environmental lawyer and judge at the Argentine Tribunal. Viale condemned the plundering of Latin American ecosystems by Canadian mining corporations, stating:

"Sacrifice zones are not a mistake—they are a business model."

Viale described extractivism as a continuation of colonial violence, adding:

"These corporations are writing new chapters in The Open Veins of Latin America by Eduardo Galeano. But we will not let them write the ending to our story."

The tribunal session at the University of Toronto concluded on February 28 with a strong declaration and a series of recommendations.

General Recommendations

• Charge the United Nations Special Rapporteur on the rights of indigenous peoples and other relevant rapporteurs to prepare a report on "critical minerals," the just [energy] transition, and the rights of indigenous peoples, which will be presented to the United Nations General Assembly.
• Request a thematic session of the Inter-American Court of Human Rights or refer the case to the relevant working group for further examination and consideration at the United Nations Permanent Forum on Indigenous Issues (UNPFII).
• Support the process towards the adoption of a United Nations Binding Treaty on Business and Human Rights and call for its prompt ratification.
• Promote the recognition and guarantee of the Rights of Nature in national legislations of countries where violations have been identified and committed, recognizing that the mining of critical minerals and rare metallic elements for the transition to green energy technologies is an undeniable threat to Nature.  
• Urge the recognition of the Rights of Nature in Canada, at its national level, and in its global mining operations, which cause devastating ecological damage to Nature. Belo Sun in Volta Grande do Xingu, Brazil.
• The Court denounces the abuses to the Ombudsman of the Government of Canada and requests a response regarding the violations of ecosystems and indigenous communities in the Xingu territory related to the Belo Sun mine, following the violations caused by the construction of the Belo Monte dam that killed the Xingu River.
• Accept the request from the witnesses to present complaints to investors and organizations such as the OAS, IACHR, and other international forums before COP30 on these violations.
• Demand respect for Free, Prior, and Informed Consent (FPIC) and compliance with ILO Convention No. 169.
• Call for the suspension of destructive projects such as Belo Sun.
• The Court decides to issue a letter of support to José Rones, detained in the Agrarian Reform settlement PA Ressaca, in Pará, Brazil, in conflict with the Canadian mining company Belo Sun. Clarify in Penco, Chile.
• After hearing the witness in the case, the Court holds the governments of Chile and Canada responsible for the persecution and extortion of communities affected by intense rare earth mining in Penco.
• Request the protection of the last remaining forests in Chile, which are vital to local communities and biodiversity.
• Promote the recognition of the Rights of the Queule, an endemic tree in Chile, at risk of extinction and threatened by mining.
• Reevaluate the need for mining in the energy transition and ensure genuine consultation processes with the affected indigenous peoples. Canada – Uranium mining.
• In-depth analysis of the concept of "consent" within the nuclear industry — including known and yet unknown impacts of exposure — and demand transparency in nuclear waste management.
• Denounce labor rights violations, constant sexual harassment accusations against women, environmental degradation, and collective rights abuses caused by Canadian mining both nationally and internationally.
• Denounce that nuclear energy is a clean solution in the energy transition.
• Demand that Canadian mining companies fully respect the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).
• The accused Canadian mining companies, which do not act responsibly as they claim, are committing crimes and violating labor rights, indigenous rights, human rights of local communities, and the rights of nature both in Canada and in the countries where they operate with the consent of local administrations.
• Urge Canada to enact laws on corporate oversight and due diligence in human rights and environmental matters similar to those of France and Germany to hold accountable for human rights abuses and indigenous peoples' rights violations. Lithium mining and cyanide spill in Argentina.
• After hearing from the 3 witnesses in the 2 mining cases in Argentina, lithium mining in Jujuy and the cyanide spill by Barrick Gold that put lives at risk in Argentina, the Court will promote a campaign to prohibit the listing and financing of harmful companies on stock exchanges.
• Demand accountability from the governments of the countries of origin of these companies, preventing further harm worldwide.
• Issue an international statement condemning violations of collective rights, access to water, and the expansion of mining without consultation.
• Call for the full restoration of Nature and affected communities, particularly regarding the Cyanide Spill in Veladero-San Juan, and the impacts of lithium mining in Jujuy, Argentina.
• 7 cases of Canadian mining in Ecuador (15th Local Court of the Rights of Nature) and the Ecuador-Canada Free Trade Agreement.
• Urge the Parliament of Canada and the National Assembly of Ecuador to reject and not ratify the Ecuador-Canada Free Trade Agreement (FTA) and to immediately make public the content of the text being negotiated.
• Demand the immediate withdrawal of Canadian mining companies from the affected territories.
• Issue an international statement rejecting mining activities and advocating for global environmental justice.
• Demand the implementation of the Rights of Nature enshrined in the Ecuadorian Constitution.
• Strengthen community resistance against militarization and repression in Palo Quemado and other regions of Ecuador.

Admit and accept the mandate of the 15th Local Court of the Rights of Nature against Canadian mining in Ecuador and affirm these measures of full reparation in Ecuador:

1. End the criminalization and persecution of human rights, indigenous peoples' rights, and land and nature defenders.  
2. Respect popular consultations as legitimate expressions of the people's will.  
3. Ensure that prior consultation processes are genuine, self-determined, and free from manipulation, representing the entire impacted communities, respecting the decision of the communities that have spoken out against the installation of mining on their territories.  
4. Demand the immediate withdrawal of companies from the territories and the review of concessions granted without environmental impact studies or prior consultation.  
5. Address the risks of upstream tailings dams by demanding transparency and prohibiting high-risk upstream tailings dams, such as the one being built in Cóndor Mirador.  
6. Recognize and protect environmental defenders who testified before the Court.  
7. Demand that the governments of Ecuador, Canada, and Canadian mining companies be held accountable for the damages caused.  
8. Condemn both illegal mining and so-called legal mining, which allows environmental destruction and human rights violations, exposing their links to drug trafficking and violence in the country.  
9. Call for the prohibition of metallic mining in Ecuador, particularly in water recharge zones, and declare Ecuador a mining-free country.

Regarding the activities of Dundee Precious Metals (DPM) in Homolje, Serbia.  

• The Court requests that an interim measure be issued for the Serbian government to immediately stop all exploration activities carried out by DPM and to indefinitely suspend the concession agreements for the exploration and exploitation of gold deposits in the Homolje region.
• As a measure of reparation, the Court urges the Serbian government and DPM to carry out a full, independent, and participatory audit of the impacts of exploration activities and to develop and implement restoration and remediation measures that will be implemented to fully reintegrate the violated rights of nature by their actions. These would include cleanup operations for the more than 1,500 drilled wells for exploration and the resulting contamination. According to the principle that the polluter pays, DPM should be financially responsible for these corrective actions.
• The Court urges the Government of Serbia to sanction any violation of national and international laws and to ensure full compliance of its legislative framework with international commitments and conventions. Furthermore, the Government of Serbia is urged to guarantee the full and permanent protection of the Homolje region by granting it the status of Special Natural Reserve.
• Based on the precedents and current documented impacts of gold exploration and extraction worldwide and in Serbia, and according to the precautionary approach, all mining activities in highly sensitive areas of the country should cease.

At the end of the official statement, the Court calls on international organizations, governments, non-governmental organizations, indigenous peoples' organizations, and civil society organizations to take immediate action to protect nature and uphold the rights of affected communities. It was reported that the conclusions and recommendations of this Court will be present in the final verdict of the "New Pact with Mother Earth," which will be issued at a session dedicated to the Court to be held in Belém in November 2025, in conjunction with COP30 of the United Nations Climate Change Conference.  

Finally, the Court revealed that the Assembly of Judges will discuss a plan to organize a fact-finding mission of judges to the so-called lithium triangle, the three leading lithium-producing countries in Latin America, particularly Chile, Argentina, and Bolivia.  

This article has been automatically translated and reviewed by an editor. Some nuances may differ from the original. You can read the original version [here].