mining
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.
Ecuador: ecology group ordered closed
Ecuador's government on Dec. 19 issued an order for the dissolution of the Quito-based organization Acción Ecológica, for 30 years a voice for the country's indigenous peoples in their struggles against oil and mineral development. The Interior Ministry issued the order, accusing the group of complicity in "violent acts" carried out by anti-mining protesters in the Amazon region. A group of experts from the UN Human Rights Council issued a statement Dec. 30 protesting the order, and calling on Ecuador's government to halt "repressive measures that seek to asfixiate civil society." The statement said: "The government of Ecuador seems to be systematically dissolving organizations when they become too vocal or challenge government orthodoxy."
Tibet: climate struggle frontline
Climate change is likely to blame for a massive avalanche in Tibet that killed nine people in July, according to an analysis of the distaster published Dec. 9 in the Journal of Glaciology. More than 70 million tons of ice broke off from the glacier capping the Aru Mountains of western Tibet's Rutog county on July 17, covering 9.6 square kilometers (3.7 square miles) of the valley floor in just four or five minutes and killing nine nomadic yak herders. The study was undertaken by researchers from the Chinese Academy of Sciences and a US team including Lonnie Thompson of the Byrd Polar and Climate Research Center, who has done simiiar work in the Andes. The team found that melted water at the glacier's base must have lubricated the ice, speeding its path down the mountainside. "Given the rate at which the event occurred and the area covered, I think it could only happen in the presence of meltwater," said Thompson, adding that other nearby glaciers may now also be vulnerable. "Unfortunately, as of today, we have no ability to predict such disasters."
Indonesian court rejects bid to save Aceh forest
In a blow to rainforest conservation in Sumatra, an Indonesian court on Nov. 29 dismissed a class-action lawsuit seeking to force the Aceh provincial government to protect the threatened Leuser Ecosystem in its land-use plan. The Central Jakarta District Court found that the provincial bylaw permitting mining within the Ecosystem caused no material losses to the plaintiffs—despite the fact that the Ecosystem is protected under national law as a "national strategic area." Five million people rely for clean water on Leuser’s forests, which also protect against natural disasters. Deforestation in Aceh's Tamiang district, for example, caused flash floods that displaced tens of thousands of people in 2006.

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