Dear Editor
I HAVE noticed in the media that the Jawalla Village Council is complaining about a decision handed down by the High Court stating that the Mazaruni River is not part of the Amerindian titled lands.

The High Court decision resulted from the Jawalla Village Council filing an ex-parte application in the Full Court for an injunction to stop Timna Mining Guyana Inc. from trespassing and mining on village lands, and to stop the Guyana Geology and Mines Commission (GGMC) from issuing permission to the company to operate within the boundaries of the village property.

Chief Justice Ian Chang and High Court Judge Rishi Persaud ruled that as the Mazaruni River is not part of the Jawalla Village property, the application for injunction would be refused.

Council members claim they were not represented in the matter that they had filed before the court. For the record, the Council retained the services of the law firm Hughes, Fields and Stoby, and was represented by no other than the eminent citizen, politician, and legal eagle, Mr. Nigel Hughes, at the Full Court hearing.

Additionally, the Village Council complained that pollution of the river was creating problems, with the village being unable to access clean water and, in this particular case, the village youths being unable to bathe in the river etc. These complaints are now quite familiar to all.

What is noteworthy is that the Village Council did not inform the media that, with a population of approximately 1,400, Jawalla residents own and operate about 44 land dredges. Needless to state, these land dredges will produce more mud and silt than a river dredge. Additionally, at the time the complaint was filed, a relative of the village captain had a river dredge working in close proximity to the Timna Mining Dredge.

The undersigned noted with great interest the statement of Minister of Governance, Raphael Trotman, at a meeting he held with the Board of Directors of the GGMC. He said there will no longer be free passes. I hope this sentiment would be communicated to the Amerindian communities which are involved in mining, since it is well known that several mining operations are being conducted illegally, that is to say, without permission of the GGMC and in violation of the Mining Act and regulations.

It must be made pellucid that being an Amerindian does not exempt anyone from being subject to the Laws of Guyana, which include the Mining Act and regulations and the Tax Code. It must be pointed out that this means that an Amerindian must also receive permission from the GGMC to operate his/her mining equipment; and must be subject to inspection by the GGMC of his/her mining operation, lodge the necessary environmental bonds like all miners, sell his/her gold to the Gold Board or to a licensed dealer, and pay his/her royalties and taxes, as well as the tax for his/her tributors.
Edward Shields
Executive Director (Retired)