II. Findings
Freedom of Expression and Freedom of Assembly & Association
On June 30th, CleanLand, a local environmental civil society action group, coordinated with mine workers and the local Sheldouin ethnic group to organize a peaceful protest in response to the environmental impacts of the MoonCorps mine and the working conditions of miners. In describing the protests, a mine worker stated that protesters “got burned, got killed, [and] got shot”. The protest was met with excessive violence from the police and a statement from the Moloquian President, Perene, saying if any of the mineworkers were seen at the protest, they would “face the full extent of the law”.
Right to Life
The protest was initially peaceful and was intended to be peaceful, but CleanLand activist and a MoonCorps employee who attended the protest strongly suspects that MoonCorps security guards impersonated protesters by dressing in plain clothes and initiated acts of violence by throwing rotten fruit at the management of MoonCorps to give local police an excuse to use violence against them. When the local police force got involved, they retaliated with excessive violence that resulted in numerous deaths and injuries, including gunshot wounds and chemical burns, according to a government physician. Descriptions of the bereaved reveal that some bodies were burnt to the point where they were no longer recognizable and the families could not be notified of the deaths.
Right to Liberty, Security, and Protection from Violence
Locals first protested against MoonCorps in 2018, and according to a Sheldouin elder, the protests were unsuccessful and protesters were arbitrarily arrested during the protest. Furthermore, a member of the Sheldouin group stated that in 2020, protesters were arrested again and charged for inflicting violence during the protests. This individual was also “mocked by guards, slapped, and tripped.” She also recounts other protesters and her friends being severely beaten. While she hoped to take the case to court, she wasn’t able to do so because of the lack of information and resources.
In the most recent protest on June 30th, 11 people have unofficially reported missing afterward. One of them was Azbor Bana. Days after the protest, people claiming to be police officers came to his home, beat him, and took him. They also sexually assaulted his wife and told her not to tell anyone or else she would be punished. Azbor Bana was interrogated and is now dead. This event has inflicted severe psychological pain on Mr. Bana’s wife, who says she still has nightmares about the event.
An individual affiliated with the protest (name not disclosed for security purposes) said that she “feared for the safety of [her] daughter” and requested for interim security measures to be implemented. This individual is afraid to talk to our team as she is afraid that her privacy is being invaded by the government tapping her phone.
Another protester (whose name will not be disclosed for security purposes) said she and many others were arrested at the protest and charged with violence even though they displayed no aggressive acts. They were beaten up severely during detainment. A mine worker and protester who received two days of detention after the first protest is now hiding in a church away from her mother and daughter. She says others like her are also in hiding with hopes of remaining safe from government officials. She also reports seeing other protesters being driven away by government officials to an unknown location and hearing that the families of these protesters could not contact them. Almost every witness we interviewed was afraid of talking to us or speaking out against the government.
Through these facts and events, it becomes increasingly clear that the Moloquan government prioritizes monetary gain and its relationship with MoonCorps over protecting the lives of its own citizens.
Right to Fair and Thorough Investigation
It was reported that the Moloquan government investigated the use of force but it was partial and incomplete. They did not investigate where the ammunition or firearms were from, which would be a very good indicator of the perpetrators. Without a fair and thorough investigation of the violence, the government faces no accountability for its actions.
Workers’ Rights – Working Conditions
Mooncorps has claimed that its employees are compensated fairly and work in a safe environment. However, upon consulting CleanLand and a MoonCorps employee, we conclude that the working conditions and terms of service are unfit. According to the CleanLand activist, whose name has been disclosed for privacy reasons, “permanent workers” are only permitted two sick leaves per year. “Temporary workers” receive no sick leaves at all.
Additionally, MoonCorps employees are denied pay when late for work and even threatened to be fired, in some cases. In one instance, a MoonCorps employee was 45 minutes late for work because she had to take care of her sick daughter while her mother went to the store to purchase medicine. After arriving at work, the employee was harshly admonished, threatened to be fired, and denied pay for that day’s work. In another incident, a worker who was 20 minutes late to work was suspended without pay for two weeks.
Moreover, a number of other individuals who were tardy were permanently terminated. The
overall working conditions at MoonCorps have been labeled “punitive” and “crazy” by a Cleanland Activist who has talked to numerous local mine workers. A local employee stated that they only had one chance to refill their water bottles during the day and were told “If you faint, you faint” by their employer.
Despite attempts made by workers to negotiate with MoonCorps management for better working conditions, workers still find themselves in unsafe conditions in a hostile environment. MoonCorps’ management did not respond to their employees at all.
Workers’ Rights – Wages
MoonCorps has blatantly violated workers’ rights by denying employees a living wage. According to a MoonCorps employee, workers were insufficiently compensated. Employees were expected to work forty hours a week, but an employee claimed to be working more than fifty hours a week with no additional pay for their overtime work.
Protection from Racial Discrimination
MoonCorps has repeatedly demonstrated a trend of preferential treatment towards expat workers from Canada, Australia, etc. According to an employee, MoonCorps’ ex-pat workers were provided access to a larger supply of water during the workday and were able to work in big offices whilst local workers only had the “small bottle of water” they brought to work each day and one chance to refill it during lunch break. Expat workers were paid “at least five times more” for working the same job according to a local worker. Additionally, an activist for CleanLand reports that ex-pat workers are compensated more than local workers, highlighting racial discrimination in MoonCorps’ practices.
Freedom from Forced Migration
The forced migration of ethnic minority groups in the region was an integral part of our fact-finding mission. Prior to Mooncorps’ expansion, the Sheldouin ethnic group lived in the region for over 10,000 years and resisted when they were forced to migrate out of the area. They did not approve of the mine’s creation because it destroyed their homes, and as a CleanLand activist stated, their “houses were basically bulldozed”. They were coerced to move into new houses with greatly reduced access to funds, food, and schooling for their children. A local family elder described the state of his new house, stating that it was “poor [and] shabby” and that he “was not satisfied.”
Moreover, the area that the Sheldouins originally lived in produced bountiful crops, making agriculture a part of the Sheldouin culture and the main source of income for families. However, due to the construction of the mine, farming was no longer an option. The mine leaked chemicals that seeped into the soil and waterways as well as caused other negative environmental issues such as soil erosion that destroyed the once fertile and lush land. This is one of the reasons why a mine worker stated that there are no employment alternatives for local workers apart from working at the mine.
The Under-Secretary of Defense oversaw the relocation of the Sheldouin group and stated that the relocation plan was “successful”. The government remained complacent and took no action to prevent the forced migration of locals.
Right to Health Care
The Moloquan government has repeatedly demonstrated the lack of health care opportunities and health care standards in the country. According to a government physician, not all protesters were able to seek help from clinics due to their social status. Furthermore, a government physician also noted that not all injuries were reported, highlighting the government’s misreporting of injury numbers to deceive the public.
The current COVID-19 pandemic has also negatively impacted locals in the country due to the lack of health care. According to a Cleanland activist, some local MoonCorps workers had symptoms and an old gentleman (who also worked at the mine) had died from COVID-19 but never received any compensation from the government or MoonCorps. The lack of mandatory quarantine for mineworkers who had COVID-19 symptoms or suggestions for working from home also suggests a lack of regulation and efforts from the Moloquan government to combat the virus and protect its citizens’ health.
Right to Live in a Healthy Environment
The mine operated by MoonCorps has detrimental effects on the environment in which people live. It violated people’s rights to live in a healthy and clean environment. Since its opening, CleanLand activists have argued for closing the mines due to their negative environmental impacts (as detailed above). These impacts not only affect agriculture but also the health of citizens who live in nearby areas and have to deal with polluted air and water.