Request for Precautionary Measures Pursuant to Article 25 of the Inter-American Commission on Human Rights Rules of Procedure Concerning Serious and Urgent Risks of Irreparable Harm Arising Out of the Eskay Creek Revitalization Project in British Columbia, Canada (Case N° 15.329)

The Southeast Alaska Indigenous Transboundary Commission (SEITC) is seeking urgent intervention from the IACHR to prevent the approval of the Eskay Creek Revitalization Project, a gold and silver mine in British Columbia. SEITC argues that Canada and B.C. have failed to obtain the free, prior, and informed consent of the seven member Tribes whose traditional territories include the Unuk River watershed. The document highlights risks of toxic pollution from tailings dams and acid mine drainage, which could devastate salmon and eulachon (hooligan) populations essential for the Tribes' subsistence and culture. SEITC contends that B.C.'s current consultation process is deficient and discriminatory because it excludes Alaskan-based Tribes from the 'participating Indigenous nation' framework used for B.C.-based First Nations.

• The Eskay Creek Revitalization Project is an open pit gold and silver mine with an expected 14-year mine life, estimated to produce 3.0 million tons per year in years 1-5 and 3.5 million tons per year in years 6-9.
• The project poses a significant risk of environmental contamination through the use of wet dam enclosures for tailings, which could release toxic sludge into the Unuk River watershed. By the end of the mine life, the tailings pond is expected to store 26.4 million tons of tailings and 84 million tons of potentially acid generating rock.
• Pollution from the project threatens the populations of salmon and eulachon (hooligan), which are central to the subsistence, culture, and spiritual beliefs of the SEITC member Tribes.
• British Columbia has refused to grant SEITC 'participating Indigenous nation' (PIN) status, which would provide procedural rights related to free, prior, and informed consent, such as consensus-seeking processes and dispute resolution.
• B.C. issued an Environmental Assessment Order under the Environment and Land Use Act (ELUA) on June 27, 2024, which explicitly determines that SEITC member Tribes may not be participating Indigenous nations and that Section 14 of the Environmental Assessment Act does not apply to them.
• The document cites a history of mining failures in B.C. as evidence of risk, including the 2014 Mount Polley tailings dam failure and selenium contamination from Teck’s Elk Valley coal mines, where selenium concentrations regularly exceeded water quality targets.
• SEITC argues that the current consultation process is urgent because the project is in the final stages of environmental review, and the B.C. Environmental Assessment Office may release the environmental impact assessment as early as August 2024, leaving only a 30-day public comment period.

APA

Earthjustice (2024). Request for Precautionary Measures Pursuant to Article 25 of the Inter-American Commission on Human Rights Rules of Procedure Concerning Serious and Urgent Risks of Irreparable Harm Arising Out of the Eskay Creek Revitalization Project in British Columbia, Canada (Case N° 15.329). https://earthjustice.org/wp-content/uploads/2024/08/cover-request-for-precautionary-measures-appendices_2024-08-01.pdf

Chicago

Earthjustice. Request for Precautionary Measures Pursuant to Article 25 of the Inter-American Commission on Human Rights Rules of Procedure Concerning Serious and Urgent Risks of Irreparable Harm Arising Out of the Eskay Creek Revitalization Project in British Columbia, Canada (Case N° 15.329). 2024. https://earthjustice.org/wp-content/uploads/2024/08/cover-request-for-precautionary-measures-appendices_2024-08-01.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=Request for Precautionary Measures Pursuant to Article 25 of the Inter-American Commission on Human Rights Rules of Procedure Concerning Serious and Urgent Risks of Irreparable Harm Arising Out of the Eskay Creek Revitalization Project in British Columbia, Canada (Case N° 15.329) |date=1 August 2024 |url=https://earthjustice.org/wp-content/uploads/2024/08/cover-request-for-precautionary-measures-appendices_2024-08-01.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjustice2024request, author = {{Earthjustice}}, title = {{Request for Precautionary Measures Pursuant to Article 25 of the Inter-American Commission on Human Rights Rules of Procedure Concerning Serious and Urgent Risks of Irreparable Harm Arising Out of the Eskay Creek Revitalization Project in British Columbia, Canada (Case N° 15.329)}}, institution = {Earthjustice}, year = {2024}, month = aug, url = {https://earthjustice.org/wp-content/uploads/2024/08/cover-request-for-precautionary-measures-appendices_2024-08-01.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }