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:
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.
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