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SENTENCE ISSUED BY THE TRIBUNAL ON BEHALF OF THE PEOPLE IN THE PUBLIC POLITICAL TRIBUNAL CARRIED OUT AGAINST BARRICK MISQUICHILCA, PIERNA AND THE CONDORWAIN-CONITO PROJECTS.


BEING THAT: In a Public Audience carried out on the day of May 2, 2007 in the plaza of Huaraz, under the statue of Atusparia, having reviewed the charges presented by CORECAMI and representatives of the towns and peoples of Condorwain, having heard the testimonies of citizens and leaders of these towns, having viewed other resources such as many fliers distributed in various popular actions of protest and means of presenting demands and responses to the environmental contamination, the defense of nature and the unyielding defense of the people of Ancash in support the people of Condorwain, to ensure that the mining firm BARRICK MISQUICHILCA does not penetrate into the Condorwain range to execute its project of mining exploration.

CONSIDERING: That there exist principles of UNIVERSAL LAW, international treaties, agreements and conventions in the constitutions of all countries, including Per�, regarding the rights and will to act to preserve nature on the planet, against all forms of environmental contamination and the rupturing of the ecological EQUILIBRIUM, a responsibility which the ALL OF HUMANITY must obey, without exception, and determining as CRIMES AGAINST HUMANITY any of the serious affronts against human culture and a healthy and unique environment apt for the continuation of LIFE in all of its miraculous diverse BIOLOGY, in harmony with well-being, happiness and integrated development of the towns and people.

SECOND:
It is proven that transnational BARRICK GOLD CORPORATION and subsidiaries such as Barrick Misquichilca, Pierna and the Condorwain and Conito projects are willfully infringing upon these principals and universal and constitutional laws referred to earlier, by carrying out actions and mining activities without the least consideration for the health, life and well-being of humanity, above all in countries economically and politically dependent upon developed nations who have implemented new technologies for the easy, profitable and unequal extraction of mineral riches, utilizing procedures such as OPEN PIT, and worsened by the use of chemical reagents for LEACHING, such as cyanide, mercury and others, which are used by the ton to poison the planet earth, the very home of humanity. This conduct constitutes a CRIME AGAINST HUMANITY, which should be object to the REPUDIATION and CONDEMNATION of society.

THIRD:
That in the case of the department of Ancash, Per�, the company BARRICK MISQUICHILCA has already laid irreversible ruin from Jangas to Huaraz, contaminating a great part of the CORDILLERA NEGRA of this valley: One of the places most privileged by nature called CALLEJ�N DE HUAYLAS, and now the company is planning their next blow against the zone of Condorwain to later continue southwards throughout Purucuta and later affect the Laguna de Conococha and the campesino communities of Pampas Chico and Huambo. All of this sector constitutes the CORDILLERA NEGRA, and this expansion is being carried out without regard to the just and necessary needs of the people of Callej�nde Huaylas to IRRIGATION from the CORDILLERA NEGRA from Conococha to Pamparom�s for their agriculture, a historical and viable option and alternative to the destructive mining of this privileged part of the planet. The indignation and opposition of the people can be understood in this context, as the same in taking place throughout Peru and other countries. For these considerations and for the CAUSE OF LIFE and the rights of present future well-being of humanity, WE RESOLVE:

To CONDEMN Barrick Gold Corporation as the responsible parties of the crimes of ECOCIDE, GENOCIDE and ETHNOCIDE because of the poisoning and contamination of nature through open-pit mining operations, aggravated by the use of political and economic power to corrupt politicians and officials and management of information to manipulate PUBLIC OPINION, willing to utilize outright lies and psychosocial processes.

To condemn as well to the MORAL PUNISHMENT of a LIFE SENTENCE of IMPRISONMENT to the directors, owners, stockholders and managers of the mining company BARRICK MISQUICHILCA, PIERINA, CONDORWAIN AND CONITO PROJECTS, in strict observation of our Andean Moral Code, of Article 1 of the Constitution of Per�, and of the agreements and international treaties of the Indigenous Nations which are also law in Per�.

To ORDER the immediate and permanent control of the CONDORWAIN RANGE, PURUCUTA, CONOCOCHA, PAMPAS CHICO and HUAMBO, to prevent and to physically repel the presence of the mining company BARRICK MISQUICHILCA and their projects CONDORWAIN and CONITO, maintaining the integrity and the protection of the NATURAL HERITAGE] of our CORDILLERA NEGRA, with the true and just project, desired by the peoples of this side of the CALLEJ�N DE HUAYLAS, to dedicate the Cordillera Negra exclusively for irrigation from Conococha to Pamparom�s in the province of Huaylas exclusively for the development of agriculture, livestock and related activities.

IMPOSE UPON BARRICK MISQUICHILCA: The payment of a CIVIL DAMAGES of one hundred times one hundred billion DOLLARS for all DAMAGES and INJURIES which are being inflicted upon the Callej�n de Huaylas, in the region of Ancash, by mining company Barrick Misquichilca; with the emphasis that a single petal of a rose or a drop of dew in our marvelous Callej�n de Huayals, of our MAMAPACHA is worth much more than the entire mining operation of PIERNA, is worth more than one hundred Piernas together, given that any civil reparation which Barrick Misquichilca could be ordered to pay could never be sufficient to compensate for all of the destruction they are carrying out. The people of Condorwin and the people of Ancash shall take charge of assuming responsibility to oversee that this sentence, issued in Huaraz on the day of May 2, 2007, is fully complied with.

Signed by the Judges of the Tribunal of Honor and the Tribunal Secretary

 

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