El Ejido La Sierrita Presents Proof against Excellon· The proof presented shows that the mining company explored outside of the 1,100 leased hectares without the authorization of the Ejido (Communal Land) Assembly.
· The members of the Ejido request that expert investigations be conducted for third party verification of their allegations.
La Sierrita, Durango, September 24. Yesterday before the Sixth District of the Agrarian Tribunal, based in Torreón, an agrarian hearing was held between the Ejido La Sierrita and Excellon Resources, a Canadian mining company. During the hearing, documentary evidence was presented that attests to a series of contractual violations by the company. Among these is the violation of the sixth clause of the land rental contract, which stipulates the requirement to obtain the Ejido Assembly’s consent and authorization before exploring outside the 1,100 hectares covered by the contract and that failure to do so could result in the rescission of the contract.
In March 2011, Excellon Resources, Inc. conducted drillings for mineral exploration outside the leased land of the Ejido without the knowledge or consent of the Ejido Assembly. In addition, since signing the contract, the company has not constructed a water treatment plant and also has failed to give the Ejido a concession for transportation of ore or a dining area for workers, obligations that are stipulated in the same contract.
At the hearing, the Ejido presented a certified document in which the manager of the mine, Pablo Gurrola, recognized that the exploration had been conducted outside the leased lands. This document was presented, on behalf of the company, as documentary proof during the complaint process before the National Contact Point of the Organisation for Economic Cooperation and Development (OECD).
David Espinoza, president of the Ejido authority, said that he asked the Agrarian Tribunal to undertake expert investigations to confirm beyond doubt how Excellon violated the land rental agreement.
ProDESC believes that this litigation represents an opportunity for the Agrarian Tribunal to guarantee respect for and the enjoyment of the Ejido members’ human rights to their land, territory, and natural resources and that, through a judicial resolution, the Ejido members may recover their land and reparations for corresponding damages.
SOURCE ProDESC