Criminalization

handcuff-maroonAcross the Americas, governments, industry, and related actors are increasingly using concepts of law and order to try to quash legitimate dissent related to efforts to defend land, the environment, and the wellbeing of communities against extractive industry activities or related harms. Such criminalization frequently entails a process of stigmatization, as well as the use of civil, criminal, or administrative law to undermine criticism, difference, or protest, that challenge projects and policies regarding the natural commons and ultimately question an economic development model premised on industrial natural resource extraction.

What is Criminalization of Dissent?

Criminalization of dissent can be understood  as a continuum of repression:

▷ Criminalization of dissent involves the systematic manipulation of concepts of law and order – whether administrative, civil, or criminal.

▷ It further entails the use of the punitive powers of the state and its organs of justice – whether initiated by state or non-state actors or some combination of the two.

▷ The aim of criminalization is to forbid, dissuade and/or prosecute dissent that runs contrary to state and corporate interests. Such dissent is frequently portrayed by such interests as contrary to fundamental societal values.

▷ Such manipulation can give rise to the use of violent and sometimes deadly force.

▷ Public armed forces with heightened immunity for using violence during repressive events may be responsible.

▷ Stigmatization and criminalization of dissent can also lead to attacks from interested parties, hired assassins, or illegal armed groups.

Cases of Criminalization Against Land Defenders

Campesino and Indigenous communities resist IAMGOLD

For nearly a decade, in the south central highlands of Ecuador, just south of the country’s third largest city of ...
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A large crowd of people moves down a tree-lined street towards the camera. A banner in the center of the crowd reads "We do not want miners in Chicumucelo"

Criminalization, Murder and Blackfire Exploration in Chiapas

Calgary-based Blackfire Exploration operated a barite mine in the municipality of Chicomuselo, Chiapas in late 2007. In late 2009, the ...
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A group of around 100 community members are gathered together to block a dirt road.

Cañaris: “We are community members and we want to defend our lands”

Since 2012, Vancouver-based Candente Copper has been exploring for copper and gold in the community of San Juan de Cañaris, ...
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a tank carrying soldiers with guns driving down a paved road

Tahoe Resources’ Escobal Mine

Following the Molina administration’s lifting of the moratorium on mining concessions in 2012, Tahoe Resources ramped up construction of its ...
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Goldcorp's Marlin mine - view of an open pit mine with mountains in the background

Goldcorp’s Marlin Mine

The Marlin mine is a goldmine in Guatemala owned by Montana Exploradora de Guatemala, a subsidiary of Canadian company Goldcorp ...
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