In the arid north of the country, where the government has prioritized copper mining, farmers and copper mines struggle to co-exist. Both need water, but the major copper mines, with support from the government and plenty of capital, are buying up the water rights. Farmers, many poor and without powerful friends in the government, are seeing their rivers and streams dry up—or worse, become so polluted they can't use the water.
In 2004, the 2,000 residents of Caimanes, a remote town in Chile's IV Region, faced an additional challenge: a massive tailings dam Pelambres Mining Company built on their doorstep. The dam, which collects waste rock from dissolved copper, would allow the Las Pelambres mine to continue operating for an additional 28 years. And the new tailings dam, when full, will hold 1.7 billion tons of waste.
Despite this huge new source of pollution to their water sources, local people had few outlets to defend their rights. Chile has no provisions in its laws on mining that require any citizen participation in approving or authorizing any expansion of existing mining operations.
But farmers in Caimanes and several other villages continued to voice their concerns that the dam would destroy an entire valley and cut off their supply of water. They said that acid will drain out of the dam, polluting what water that remains, and endangering the one stream that provides their town with water. Tailings dams are also usually a source of dust particles containing heavy metals—these can blow into town and poison people and their animals.
Caimanes is in the poorest region of Chile. Farmers there are concerned about their ability to continue to earn a living, but are also aware that a major earthquake could collapse the dam. This has happened before: In 1965 an earthquake spilled 10 million cubic meters (350 million cubic feet) of mine waste out of a similar holding area and killed 200 people.
In 2004 community members in Caimanes began working with the Environmental Oversight Office (the Fiscalía del Medio Ambiente or FIMA, a Chilean NGO). They gathered signatures on petitions and filed them in legal courts and requested an injunction to halt construction of the tailings dam. In 2005 the Caimanes community group representing farmers in the area alleged that the permit process for the dam had not been followed properly and that there were archeological sites that were being damaged in the construction. In 2007 a local court in the nearby city of Los Vilos ordered that the mine company halt construction of the tailings dam.
The Las Pelambres mine company appealed the 2007 court order, and the decision put responsibility on a government water commission. This commission had already approved a permit for the construction of the tailings dam, with limited participation from local farmers, so it allowed construction to continue. In 2008 the Chile's supreme court ruled that the right to water for the farmers affected by the tailings dam was being violated, and awarded each of the farmers $40,000. In December 2008 the company announced that it had finished the tailings dam.
Oxfam America provided grant funding for FIMA to help the citizens of Caimanes to defend their rights in court, and raise awareness about their situation among people in Chile. FIMA advocated for a hearing at the Latin American Water Tribunal in 2007, which issued a statement calling for the dam construction to be stopped and the citizens compensated. FIMA has also published reports about the situation in Caimanes and prompted considerable coverage of this case in the international media.
Although the citizens of Caimanes did win compensation and a favorable judgment in court, they did not succeed in blocking the dam construction. "Unfortunately for the people, there are no winners," says a report published by FIMA, The Battle for Water in the Pupío Valley. "This compensation will not make up for the destruction of the quality of life in the valley." FIMA says in the report that the people achieved a "legal and economic victory, but a social and environmental defeat."
Nevertheless, the case sets an important precedent and provides an example to the global mining industry of how responsible companies should not operate.
]]>The Yanacocha gold mine is currently operating on 26,000 hectares (about 63,700 acres), high above the city of Cajamarca in the Andes mountains of Peru. But that is just a small area: The government conceded a total of 282,000 hectares (690,000 acres, slightly , larger than the state of Rhode Island) to Minera Yanacocha, a company comprised of majority owners Newmont Mining of the United States and Minera Buenaventura of Peru. Yanacocha continues to be a significant part of Newmont Mining's global production, contributing about a quarter of the 5.3 million ounces of gold Newmont sold in 2007.
Minera Yanacocha is working aggressively to expand the mine. In 2004, the mine began exploring for gold on Cerro Quilish, a small mountain that comprises the top of the watershed supplying the city of Cajamarca and the rest of the valley. Dairy and potato farmers in the area and many others opposed to mining Quilish blocked the road to the mountain in 2004. There were weeks of violent confrontation between police and protesters. In the end, Minera Yanacocha stated publicly that it had underestimated the concerns of local people and asked the Ministry of Energy and Mines to revoke its permit to explore for minerals on Cerro Quilish.
The mountain remains in the mine's concession area. Many of the Quechua-speaking indigenous people in the area consider Quilish their apu, a mountain spirit, and a sacred place. "When the clouds gather above Quilish, we know it will rain," says Nelida Chilon, a 24-year old from Bajo Porcón, midway between the city and the mountain. "We want to protect Quilish, our source of water. The [mining] engineers tell us there is water, and no pollution, but we know the land does not produce as it used to, and there is less water than ever."
Local governments representing communities opposed to mining on Quilish also adopted laws to designate it a protected natural area. Other communities where the mine intends to expand have taken similar measures. Oxfam America's partner GRUFIDES is supporting efforts by local communities to protect their land, and provides training and other support to local people eager to learn about and defend their human rights and protect their water sources. With help from Oxfam America, GRUFIDES is also working with the regional government's environmental management agency to create a land use plan that would clearly designate areas for agriculture, human settlement, mining, and other activities.
Minera Yanacocha is disputing 12 local ordinances that prohibit mining, and plans to expand mining exploitation to these and other areas, including La Zanja, where one person was killed by police during a demonstration in 2004. The environmentally fragile high altitude wetlands of El Solitario, where there are 240 ponds and lakes, is another area of proposed expansion.
Minera Yanacocha is claiming jurisdiction in Lima where the company is officially located and where judges are not familiar with these local areas. Communities are hard pressed to be properly represented in the proceedings due to costs and distance (375 miles). "With that kind of trial you know who is going to win," says Marco Arana, one of the founders of GRUFIDES, Oxfam America's partner in Cajamarca. He added that when legal and institutional roads are closed to citizens, it leads to confrontation, and "adds to the social exclusion and asymmetry of power in Peru."
Oxfam America is supporting the work of GRUFIDES to help local communities defend their rights and create an appropriate land use plan for the region. Oxfam is calling on Minera Yanacocha to:
It is hard to reconcile the beauty of the lake with the violence along its shores. Mejía's work to defend the environment, and propose sustainable ways of living and working, has angered some who would prefer to rely on industrial mining for economic development in the region. A local citizen's organization has written a threatening letter to the Interior Ministry in Guatemala City, saying her work to educate community leaders about the risks of mining is unacceptable. She continues working, with international observers with her at all times to protect her.
Mejía first came here 10 years ago. She and her three children settled in the lakeside town of El Estor, promoting ecotourism and waging a series of campaigns to protect Lake Izabal from oil and mining projects that she says threaten the natural resources of the region—and won—t do much to benefit the local farming and fishing communities.
In 2002, Mejía and a handful of teachers, fisherman, environmentalists, a local physician and other citizens took on Shell Oil, which had a concession to drill right through the bottom of the lake. The small band of opponents founded the Association of Friends of Lake Izabal (ASALI) and succeeded in blocking the licenses for this project. ASALI then turned its attention to nickel mines along the sides of the lake.
There has been industrial mining in Izabal since the 1950s, but it has been in fits and starts as the prices of commodities have spiked and crashed over the years. But mining is now booming everywhere, so the Canadian company Skye Resources, which bought the mine in 2004, is now preparing to work a 100-square-mile concession it acquired in 2005. The area is home to 30 indigenous Q'eq'chi communities. None were properly consulted about the concession. This constitutes a violation of Guatemala's 1996 Peace Accords and international laws that protect indigenous people. The company is now engaged in talks with communities to convince them to go along with the plan to mine.
Skye Resources is now operating at a loss as it seeks financing so it can start mining in 2009. The company estimates it could get as much as 673,000 tons of nickel out of the mine. As part of its effort to clear people out of the concession area, the company and police forcefully evicted a number of Q'eq'chi communities in January of 2007, burning their humble shelters to the ground.
"We need a strong defense of the environment here," Mejía says at her home in El Estor. She has just finished a meal of traditionally prepared fish from Lake Izabal, and dines with visitors and two members of Peace Brigades International, who accompany her to ensure her safety.
ASALI is working in 29 communities to teach their leaders about mining: how much water is used, the chemicals, the transportation, and the rights of indigenous communities to be consulted. "We want every community leader to attend one of these workshops, and share their ideas and problems and work on them together," Mejía says. With help from Oxfam America, ASALI also arranges for these leaders to visit other mining areas in Honduras and in Guatemala's western highlands to see the effects of mining on indigenous people. "This is so they can see the consequences and talk to affected people," she says.
With the laws around land rights so unclear in Guatemala, indigenous people lack the required title and other official documents they need to defend their territory. Mejía says this needs to be addressed. "Through our contacts we have put the issue of land on the national agenda; it's been discussed in congress, so people are aware of the problems of land in mining concession areas."
Much of Mejía's motivation comes from her commitment to the people, all those who fish and grow corn on the fields near the lake. "When you come here and see the needs of the poor communities, you can see that people are not asking for much in life. But when you see the injustices and the way things are taken from them, it is so unfair that they are so poor and have so few opportunities despite the richness and national treasure here," she says. "This leads you to fall in love with this place. It makes you want to do something to contribute to changes here—and to denounce the injustice."
It is just this commitment that puts her at risk. Her Peace Brigade guardians are with her and several of her colleagues from ASALI, all of whom are working under threat. Mejía says they are not radicals."We want people to understand that there is another healthy and just way to develop this area, through rational use of the national treasures we have here."
"If at some time we no longer exist, we hope that we have sowed some seeds of awareness, solidarity, and respect to the environment. In this threatening climate for our work, our vulnerability makes us do what little we can—with all our hearts."
]]>In 2002, Bogoso Gold Mines, a subsidiary of Golden Star Resources, acquired the mine concession and started to aggressively expand the mine pit towards the town. Use of explosives in the mine pit damaged homes in the Krutown neighborhood, and repairs effected by the company were not adequate, according to homeowners. In the neighboring village of Dumase there have been two cyanide spills in the Aprepre River in 2004 and 2006.
"In 2004 we could see the surface mine approaching the town, so we complained to the government but no one came to our aid," said Dominic Nyame, a burly 43-year-old former miner turned community organizer with the Concerned Citizens Association of Prestea. Community members said the encroaching mine pits brought blasting too close to nearby neighborhoods and houses were being damaged. "In 2005 we demonstrated against the company, and the military came to town and shot seven people—fortunately no one died." There has never been an independent investigation of this incident.
The communities of Prestea, as well as Himan, and Dumase that neighbor the Bogoso/Prestea mine, are requesting a comprehensive evaluation of the impact of the first phase of the Bogoso/Prestea project and for the company to respect their right to free, prior, and informed consent regarding the planned Prestea Southern Project.
The community of Dumase is also seeking damages in court from the 2004 and 2006 cyanide spills, and has formally requested that Golden Star Resources commission independent health investigations, but the company has not acted on this either.
Community members attended training sessions with Oxfam America's partner WACAM in 2005 to learn about their human rights, and how to teach others about their right to live in a safe environment and be consulted about the effects of the expanding mining operation. Community members went to Accra and met with reporters and got their grievances into the media, after which Bogoso Gold said they would reduce their blasting activity and form a joint committee to oversee future blasting.
But the issue of pit expansion is still a problem for people living in and near Prestea who fear being involuntarily relocated, or living too close to mine pits and blasting. The proposed pit expansion would also be within several hundred meters of a school, so many parents in this area are concerned about the safety of their children. In two prior incidents in 2006 security forces have moved people off of mine property by force, and the Concerned Citizens Association has had to use some of the training they received from WACAM to resolve these conflicts peacefully. "With WACAM we can calm the waters," Nyame said.
Bogoso Gold is currently suspending all mining activity and expansion while it negotiates with the citizens of Prestea, who are exerting their right to be consulted about how the mine operates, how it could possibly expand its operations into the southern part of Prestea, and the way it carries out any future blasting in the mine pits.
]]>Although Minera Majaz has not yet submitted its Environmental Impact Assessment (EIA), there is reason to be concerned about the area's environmental future, especially if Río Blanco proves to be just one part of a mining "district," or group of mining operations.
First, mining is an activity with high environmental risks, as a list of hundreds of environmental liabilities compiled by the Ministry of Energy and Mines reveals. While it is true that a given mining operation usually affects a local area in a concentrated and relatively small manner—according to the company, the total area to be directly affected by the Río Blanco project will be around 4,450 acres (1,800 hectares)—it is also true that aquifers can be severely affected many miles downstream.
The potential contamination of the Río Blanco has become one of the main causes of unease for the people in the area, given that the proposed mining project is located in the river's headwaters. The Río Blanco is a tributary of the Chinchipe River, which forms the most important valley in the neighboring province of San Ignacio, in the department of Cajamarca. According to the study "Mining and Development in Peru, with Special Reference to the Río Blanco Project, Piura," written by a multi-disciplinary team led by Anthony Bebbington, professor of the School of Environment and Development of the University of Manchester, the most serious environmental problems that the mine could generate are "the leaching of acidic mine waters (AMW) from the mining site, the heaps of tailings, and the piles of excavated material." According to the study, the high precipitation in the area (2,000 millimeters (6.5 feet) or more per year) "raises the possibility that rainwater could filter through the piles of tailings and excavated material, transporting contaminated metals to both surface and underground waters." The study indicates that another worrisome potential problem is AMW contamination of the water table, because the open-pit mine would probably be deeper than the groundwater in the area.
After analyzing the environmental variables and reviewing the technical proposal by Majaz, Bebbington and his team concluded that "it would be possible to handle the environmental impacts of the project as designed," provided that this is an isolated mining project. If Río Blanco became part of a large mining district, the situation would be different and the risks to the environment, and water resources in particular, would increase considerably.
At the same time, the team had reservations, given that the proposed mining technology "has never been used in an area with as much precipitation or a history of seismic activity" and hence "the possible combination of tailings/wet excavation material and seismic activity is a reason for serious concern."
Minera Majaz states in many of its official notices that using of state-of-the-art technology will protect the environment. However, simply complying with Peruvian laws, which are regrettably weak, is no guarantee of true protection from environmental contamination. Vito Verna, Director of the Indigenous Communities and Environment Program in the office of the Peruvian Ombudsman observes that "the Peruvian state apparatus lacks an integrated environmental policy. For example, each industrial sector has (or should have) its own maximum allowable pollution limits, and there should be national quality standard for water, soil and air. The system does not work because the ministries have not yet put these standards forward, and consequently the National Environmental Council (CONAM) cannot approve them."
As a result, Peru has approved standards only for air and non-ionizing radiation [such as emitted by radio waves, or microwaves], but not for water (the existing standard is obsolete) or soil. Although a mining operation is required by law to treat its waters before discharging them into a body of water, the maximum allowable limits are so lax that they could even be Class III—waters suitable for irrigation or livestock, but not to sustain aquatic life. Thus, in Peru, a mining operation could exterminate fish, amphibians, and other river wildlife without breaking the law.
But the potential environmental impact of the Río Blanco project does not end there. The project site, in addition to being at the headwaters of a river basin, is located in the heart of a vast area of high-altitude cloud forests—the last sizeable area of tropical rain forests remaining in the department of Piura. These forests have great value in themselves, owing to their diversity and the fact that they form an extension of the forests of Ecuador and Colombia, and thus contain flora and fauna rare in Peru. Yet their greatest value is the connection they provide between the Tabaconas Namballe National Sanctuary (SNTN) in neighboring San Ignacio, and protected areas extending to the Ecuador border. The Río Blanco forest creates a "biological corridor," serving populations of animals that require large areas to be viable, such as the spectacled bear and Andean tapir—two endangered species protected by law.
A large open-pit mining operation in the midst of these forests, and the resulting human activity, represent a threat to the very survival of this corridor. Without it, the spectacled bears and tapirs of the sanctuary, which would lack the space necessary to survive, would be condemned to extinction. A World Wide Fund for Nature (WWF) study of the biodiversity of the sanctuary and its neighboring zones concluded that "the protection of a biological corridor between the SNTN in Peru and the Podocarpus National Park in Ecuador is critical for the preservation of the species that inhabit those areas."
A final consideration: Minera Majaz is not the only company interested in conducting mining operations in the area. A glance through the government's Cadastral Mining Atlas reveals, in addition to the Río Blanco project, concessions of several thousand acres in Carmen de la Frontera. Many of these are adjacent to the Río Blanco project—forming, on the maps produced by the National Institute of Concessions and Mining Surveys (INACC), a solid block of mining concessions in the forests of the Yanta and Segunda y Cajas communities. In context, then, the Río Blanco project is just the first of many future mining operations, which, as a group, constitute a potential new mining district in Peru—and whose environmental impact would be considerably more serious and significant than any single project such as Río Blanco.
It is imperative that the Peruvian government consider all the environmental issues at play in the Río Blanco case, both as part of the dialog process following the referendum and when it evaluates the EIA that the company must soon deliver.
]]>Having completed a training program with the environmental and human rights organization WACAM, partly funded by Oxfam America, Ayensu said he could tell what had happened: "WACAM has taught me how to identify a polluted stream," he said. Ayensu then went to alert others in Teberebie that there was a cyanide spill in the streams that supply water and fish for him and about 100 families that live along them.
Ayensu's colleague Emilia Amoateng, leader of the Concerned Farmers' Association of Teberebie, immediately started an investigation. Knowing that cyanide is used to separate gold from ore in the mining projects surrounding Teberebie, she centered her investigation on the polluted streams near the south gate of Gold Fields Ghana mining company, and behind the waste piles of AngloGold Ashanti Iduapriem Mines. However Gold Fields has a drain from its tailings dam (a waste storage area) that runs into the stream. She also found that BARBEX Technical Services, a chemical supply company to the various mines in the area, has also constructed a drain from its warehouse into the stream. An accidental cyanide spill from either of these sources would therefore enter the streams quite easily. Recent heavy rains increased the likelihood that water overflowing from these sites would carry any spilled chemicals into the waters.
Moses Ayuba, the district program officer for Ghana's Environmental Protection Agency (EPA) said water tests had shown extremely high levels of acidity, but that he was unable to identify the cause of the acid in the river. He said that further testing on fish and water should help identify the source of the pollution.
Daniel Owusu-Koranteng, the director of WACAM, said that the pollution represented a serious public health problem. "Some people who mistakenly went swimming in the river had their skin peeled off," he said. "Those who drank the polluted water and ate some of the fish are having serious stomach problems. We have helped seven of them get medical attention."
Owusu-Koranteng went on to say that the mining and chemical supply companies have been reluctant to take responsibility for the pollution. "The mining companies and EPA initially tried to push the blame on 'galamsey' [small-scale mining] activities and later shifted the blame to chemical fishing." He went on to say that chemical fishing is unusual in this area, and in any case would never be done during the rainy season when the rivers are high. He also said that people living near the Barbex Technical Services had been previously warned by the company not to drink from the river, and were permitted to take tap water from the company.
Villagers in Teberebie are now calling on the EPA to help them defend their right to live in a clean environment, and are planning a demonstration to bring media attention to this incident.
]]>According to an Associated Press story, President Correa publicly pledged government support for the case, which began nearly 10 years ago in the United States and was thrown out on appeal in 2003. Since then the court in Ecuador has been conducting judicial inspections of polluted areas, gathering evidence a judge will use to make a decision, possibly in the next year.
During the same week, indigenous leaders representing the people affected by the pollution in the Orellana and Succumbios region of Ecuador attended the annual meeting for shareholders of ChevronTexaco in California. Humberto Piaguaje, a leader of the Secoya indigenous people, called for the company to resolve the case and help clean up the environment. "We want you to give us back our lives," Piaguaje said. "We want you to let us live in peace and harmony with nature. We want you to repair the damage so that our children do not have to continue suffering."
Oxfam America has supported the Amazon Defense Front's legal case for nine years, and assisted in the creation of the Assembly of Delegates of Communities Affected by Texaco, a community-based organization that has ensured those most directly affected by the pollution have a voice in the legal strategy.
"We think it is positive that President Correa has declared his support of those affected by pollution in the Lago Agrio region," said Javier Aroca, who coordinates programs related to indigenous rights for Oxfam America in South America. "We consider this is a signal that the government is interested in investigating and sanctioning those who are responsible."
"It is important to remember that the people affected are demanding compensation for almost 10 years now," Aroca said. "The pollution has affected the health of indigenous peoples and peasants... there have been cases of skin diseases and cancer. Furthermore, the lands are not as productive as they used to be, which has affected the agricultural economy. From our point of view, the government of Ecuador should support the affected population to complete the legal procedures, which are very expensive."
A win for the Amazon Defense Front in this precedent-setting case could change the landscape of the oil industry, and further establish the rights of communities to be compensated for negative social and environmental effects of oil operations.
]]>