APA calls on govt to halt incursion into Amerindian lands at Chinese Landing; CCJ’s decision prohibits govt action- Bharrat

Last Updated on Thursday, 27 August 2026, 21:05 by Denis Chabrol

The Amerindian People’s Association (APA) on Thursday appealed to government to “halt” this recent incursion by a gold miner and so uphold the constitutional rights of the Indigenous Peoples at Chinese Landing where residents continue to block equipment from moving in, but the Natural Resources Minister Vickram Bharrat said a decision by the Caribbean Court of Justice (CCJ) does not give the government any room to intervene.

“We are calling on the government to take immediate action to halt these operations, uphold the rights of Chinese Landing, and find a peaceful resolution between the parties that protects the rights-holders while not impeding their livelihood,” the APA said in a statement.

In response Mr Bharrat said there were “no legal grounds” for government to stop Mr Vieria’s operations. “Vieira has a decision from the CCJ which tied the hands of GGMC. This is the crux of the matter. It is not government or the GGMC’s inaction,” he told Demerara Waves Online News. The CCJ in 2017 ruled that a GGMC cease work order to Mr Vieira on November 26, 2010 could not stand as the issuance was beyond the mines officer’s powers and there was a failure to consider whether that order was absolutely necessary . The CCJ says it took the view that the power to issue the CWO was to be exercised only where it appeared ‘absolutely necessary’ for the maintenance of public peace or for the protection of the State’s or private persons’ rights. The APA said the Chinese Landing Village Council was awaiting a a Guyana Court of Appeal ruling on its substantive land claims.

The APA said the positions taken by both the State and Mr  Vieira are in contravention of Section 48 of the Amerindian Act, and Section 80 of the Mining Act, which both stipulate and reaffirm the rights of Indigenous Peoples to consent or refuse medium-scale mining operations in their lands. It is also in violation of Articles 142, 149G and 154A of the Constitution of Guyana, which protects the property rights of the Chinese Landing Village
Council, according to the association.

The association said the Chinese Landing Village Council has lost faith in a mediation process after gold miner Mr Wayne Vieira began moving in equipment on August 21. The association said the Village Council was not informed of developments regarding Vieira’s access to the mining area, and the council did not give consent for him to continue gold mining in the Tassawini area. “Unfortunately, the actions taken by Vieira have broken trust in the current mediation process,” the association said.

Condemning what it said was the inaction by the State to meaningfully implement measures to resolve this matter, the APA said a mediation process could not be expected to continue in good faith while Vieira continues to violate the land rights of Chinese Landings. “This type of response leaves the residents of Chinese Landing at
greater risk to the growing insecurity and threats that the mining operations have imposed on the community,” the APA added.

The APA alleged that Mr Vieira’s mining activities have resulted in several environmental and social problems in the community.

The APA said it stood in solidarity with Toshao Nikita Miller, the councillors, and residents of Chinese Landing
for tirelessly defending their land in the recent standoff with Vieira’s mining operations now and for the past 30 years. “The current standoff in Chinese Landing highlights the level of desperation faced by the community, and
the lengths to which they must go to secure their land and the future of generations to come. This
highlights the crucial support that Chinese Landing needs in order to protect its lands as its rights continue
to be violated,” the association said.

Giving a background, the APA said in 1976, Chinese Landing received its land title, which was reissued in 1991 in accordance with the State Lands Act, years before Vieira received his first prospecting permits in the area in 1998. This included the area known as Tassawini, where mining operations have been taking place. Since then, the village also received its Certificate of Title in 2018, which reaffirmed and reflected a demarcation of its boundaries. “It is within these boundaries that Vieira’s mining operations are happening,” the APA said.

The APA further alleged that Chinese Landing has been experiencing incursions by Vieira’s gold-mining operations since 2004, when negotiations between the two parties broke down after they failed to renew a 1998 agreement.

The APA reminded the government of the precautionary measures issued by the Inter-American Human
Rights Committee (IACHR) in 2023. These measures, the association says, stipulate that the government is obligated to take the necessary steps to protect the rights to life and personal integrity of the residents of Chinese Landing; and that the Village must also be consulted and agree to any measures adopted that would lead to a resolution between the Council and Wayne Vieira. The current incursion by Wayne Vieira does not respect these recommendations and continues to violate the land rights of Chinese Landing.”

The government had also issued a mining ban in the Tassawini
area in August 2023, without consulting the Village Council. This ban was not equally applied as reports
surfaced that Wayne Vieira was still mining in disputed area. The Village has moved ahead with its own
legal case on its substantive land claims, and is awaiting a ruling from the Court of Appeal.