MERITS OBSERVATIONS TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF THE MEMBERS OF THE SOUTHEAST ALASKA INDIGENOUS TRANSBOUNDARY COMMISSION RESULTING FROM HARD-ROCK MINING IN BRITISH COLUMBIA, CANADA

The Southeast Alaska Indigenous Transboundary Commission (SEITC) is seeking relief from the Inter-American Commission on Human Rights due to the impacts of hard-rock mining in British Columbia, Canada. The document argues that mining projects in the Taku, Stikine, and Unuk watersheds threaten the subsistence and cultural rights of Southeast Alaska Native communities through heavy metal pollution and habitat destruction. SEITC alleges that Canada and B.C. have failed to conduct comprehensive transboundary environmental assessments, have ignored the need for free, prior, and informed consent (FPIC), and have used a flawed amendment process to expand mine operations without adequate scrutiny. The submission introduces a new claim regarding the violation of the right to a healthy environment and requests that the Commission investigate these claims and recommend the suspension of mine authorizations until transboundary harms are addressed.

• Recent data from the 2021 B.C. and Alaska Joint Water Quality Program shows that sediment concentrations of arsenic, copper, nickel, and zinc in the Unuk Watershed at the Alaska/B.C. border exceed threshold effects levels by ten, six, almost four, and two times, respectively.
• The B.C. Environmental Assessment Office (B.C. EAO) is accused of using a flawed amendment process that allows mining companies to increase production and pollution without mandatory public consultation or comprehensive transboundary impact assessments.
• The SEITC argues that Canada and B.C. have failed to seek the free, prior, and informed consent (FPIC) of the affected Alaska Tribes, despite signing consent-based agreements with Indigenous nations within Canada, such as the Tahltan Nation.
• The submission introduces a new legal claim that Canada and B.C. are violating the right to a healthy environment, citing the UN General Assembly's 2022 resolution and the Inter-American Court of Human Rights' recognition of this as an autonomous right.
• Specific mine updates include the Red Chris Mine's transition to underground block cave mining, which may affect groundwater and surface stream flows, and the KSM Mine's proposed increase in maximum production to 195,000 tons per day.
• The Tulsequah Chief Mine has a history of leaking untreated acid mine drainage into the Tulsequah River for at least 67 years, with 2021 reports showing 100% frequency of exceedances for aluminum, cadmium, copper, iron, lead, zinc, and fluoride in the effluent zone.
• The Brucejack Mine received a notice of non-compliance in May 2023 for failing to protect fish habitat, after sediment-laden discharge was found to be geochemically consistent with waste rock material from its storage facilities.

APA

Earthjustice (2024). MERITS OBSERVATIONS TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF THE MEMBERS OF THE SOUTHEAST ALASKA INDIGENOUS TRANSBOUNDARY COMMISSION RESULTING FROM HARD-ROCK MINING IN BRITISH COLUMBIA, CANADA. https://earthjustice.org/wp-content/uploads/2024/02/cover-letter-merits-brief-2024-02-19.pdf

Chicago

Earthjustice. MERITS OBSERVATIONS TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF THE MEMBERS OF THE SOUTHEAST ALASKA INDIGENOUS TRANSBOUNDARY COMMISSION RESULTING FROM HARD-ROCK MINING IN BRITISH COLUMBIA, CANADA. 2024. https://earthjustice.org/wp-content/uploads/2024/02/cover-letter-merits-brief-2024-02-19.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=MERITS OBSERVATIONS TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF THE MEMBERS OF THE SOUTHEAST ALASKA INDIGENOUS TRANSBOUNDARY COMMISSION RESULTING FROM HARD-ROCK MINING IN BRITISH COLUMBIA, CANADA |date=19 February 2024 |url=https://earthjustice.org/wp-content/uploads/2024/02/cover-letter-merits-brief-2024-02-19.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2024merits, author = {{Earthjustice}}, title = {{MERITS OBSERVATIONS TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SEEKING RELIEF FROM VIOLATIONS OF THE RIGHTS OF THE MEMBERS OF THE SOUTHEAST ALASKA INDIGENOUS TRANSBOUNDARY COMMISSION RESULTING FROM HARD-ROCK MINING IN BRITISH COLUMBIA, CANADA}}, institution = {Earthjustice}, year = {2024}, month = feb, url = {https://earthjustice.org/wp-content/uploads/2024/02/cover-letter-merits-brief-2024-02-19.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }