mining

Ecuador: drones deployed in Amazon stand-off

Ecuador's government has deployed military drones and police helicopters to the Amazon village of El Tink, where Shuar indigenous residents have for weeks been blocking the only bridge leading to the community, over the Río Zamora. The stand-off began after a confrontation between indigenous protesters and National Police left one police officer dead in December at another Shuar village, Nankints, across the Cordillera del Condor from El Tink. The clash at Nankints came after Shuar warriors reportedly attacked a camp of the Chinese-owned Explorcobres copper exploration project. Nankints residents wanted by authorities in the attack have taken refuge at El Tink, also in Morona Santiago province. Nankints has been in resistance since troops arrived to demolish the settlement to make way for the 41,700-hectare mining project last August. With the stand-off at El Tink, the uprising has spread to a second village. (The Guardian, March 19; Mongabay, Feb. 8; Mongabay, Jan. 26)

Colombia to get environmental Truth Commission?

Campesinos and environmentalists held a national mobilization March 11 demanding that Colombia establish a Truth Commission for environmental crimes as part of the peace process. The Day in Defense of Territories, Water and Life was organized by the Movimiento Ríos Vivos (Living Rivers Movement), in cooperation with the National Center for Historical Memory, the primary group that pushed for creation of the new Truth Commission on crimes related to the armed conflict. Mobilizations were held in the departments of Santander, Antioquia, Cauca, Córdoba and Huila as well as in Bogotá. Isabel Cristina Zuleta of Movimiento Ríos Vivos said, "The majority of the rivers have served as a dumping ground for the bodies of the assassinated." She called for justice in the degradation of rivers by mining, hydro-electic projects and extractive activity. (Contagio Radio, March 11)

Peru: legal persecution of anti-mining activists

A trial opened in Peru's Cajamarca region March 6 against 16 community leaders facing charges for their participation in a 2012 protest against the Conga mining project. According an indictment filed by the 2nd Provincial Criminal Prosecutor's Office of Celendín, the defendants—all local social leaders, including five women—may face up to 36 years in prison if convicted. The case stems from the July 2012 violence in the provinces of Celendín and Bambamarca, in which five protesters were killed by National Police troops. Among the accused is Milton Sánchez Cubas, secretary-general of the Inter-Institutional Platform of Celendín, for whom the Inter-American Court on Human Rights had recently issued "precuationary measures" due to threats on his life.

Colombia: top court deals blow to open-pit project

Colombia's Constitutional Court on Feb. 28 ruled that "prior consultation" with local Afro-descendent and indigenous communities must be carried out before an open-pit gold mine project can move ahead at Villonza, Marmato municipality, Caldas department. The ruling made reference to the indigenous community of Cartama and the Afro-Colombian community of Asojomar, both of which are largely sustained by small-scale artisanal mininng. Under a 2007 concession, Canada-based Gran Colombia Gold Corporation was to acquire these informal claims. In 2011, Father José Reinel Restrepo, the local parish priest, was murdered after returning from Bogotá, where he had registered his objection to the project with officials. Gran Colombia Gold is meanwhile is demanding Colombia pay $700 million under terms of the Canadian free trade agreement for failure to evict the artisanal miners. (TeleSur, Radio Caracol, March 2; El Tiempo, Feb. 28; Radio Caracol, Feb. 25)

Colombia: courts uphold local power over mining

Colombia's Constitutional Court announced a decision Feb. 16 upholding the power of municipalities and "territorial entities" to block mining on their lands. The decision cited Law 685, which modified the Mining Code in 2001, bringing it into conformity with constitutional provisions on regional autonomy. (Contagio Radio, Feb. 16) The ruling clears the way for Ibagué, capital of Tolima department, to hold its planned consulta or popular vote on mining operations within the municipality, seen as model for similar votes around the country.

FARC 'demobilization' —despite para terror

The "demobilization" of the FARC guerillas was declared complete this week, as the last 300 rebel fighters arrived at one of the transition camps in Cauca. In what was called the "FARC's last march,' an estimated 6,900 arrived by foot, boat or bus at the 26 Veredal Zones of Transition to Normalization (ZVTN) in rural areas of the country. The demobilization has seen scattered incidents of violence, including a Feb. 21 shoot-out between guerilla fighters that left two injured at a sporting match in the ZVTN at Buenos Aires, Cauca. The FARC carried out the demobilization under protest, charging that the government was failing to live up to commitments, including providing sufficient aid to the ZVTNs and restraining right-wing paramilitary groups. (El Espectador, Feb. 21; BBC News, Feb. 19; El Espectador, Jan. 30)

Peru denied legal costs in FTA pollution case

An international arbitration body, having ruled for Peru in a case brought by a US mineral interest under terms of the Free Trade Agreement, is now denying Lima recovery of its legal costs. New York-based Renco Group Inc brought the case before the UN Commission on International Trade Law (UNCITRAL) in 2011, charging Lima with violating investment protection provisions of the FTA, formally known as the US-Peru Trade Promotion Agreement. At issue was Lima's demand that Renco's affiliate Doe Run Peru clean up decades of toxic pollution linked to lead and zinc smelting at its facilty in La Oroya, which Renco said forced the subsidiary into bankruptcy. Renco sought $800 million in compensation. UNCITRAL turned down Renco's claim on jurisdictional grounds in July 2016, but subsequently decided to waive its usual "loser pays" principle, forcing Peru to pay half the legal costs in the case, some $3.8 million. UNCITRAL cited Peru's delay in raising its objections to the tribunal's jurisdiction. Renco says it will file the case again "in a manner that cures the technical legal defect that was the basis for the dismissal." Peru's new President Pedro Pablo Kuczynski has pledged to re-open the idled Oroya complex, and says its auction to new owners willing to address its financial and environmental problems will take place in March. (Lexology, Jan. 24; Gestión, Jan. 12; Law360, Nov. 14; Bloomberg, July 18; VOA, July 6)

FARC narco-factions refuse to lay down arms

The historic peace process in Colombia is finally resulting in demobilization of the country's FARC guerilla fighters, who are now gathering at designated points in the countryside to turn over their arms. The effort has won President Juan Manuel Santos a Nobel Peace Prize. But FARC leaders admit that five regional commanders—said to be those most co-opted by the narco trade—are refusing to lay down arms, and have been officially expelled by the guerilla army's high command. According to a FARC communique extensively quoted in Bogotá daily El Tiempo Dec. 13, one of the renegade guerilla leaders is "Gentil Duarte," who before his expulsion was a member of the FARC high command. Also named is "Jhon 40," the notorious commander of a jungle zone along the Venezuelan border, a key transfer point for cocaine and other contraband. He is also believed to profit off of illegal mining operations in the zone.

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