control of water

Colombia: court protects highlands from mining

Colombia's Constitutional Court on Feb. 7 revoked all licenses granted to companies that sought to carry out mining activities on páramos, the high alpine meadows that protect watersheds. The ruling overturns Article 173 of the government's new National Development Plan (PND), which allowed 347 existing licenses in the alpine zones to move ahead, although barring the issuing of new ones. The ruling also struck down provisions of the PND that barred victims of the country's armed conflict from reclaiming usurped lands that had been converted into so-called "Projects of Strategic National Interest" (PINE). Additionally, the court overturned a third article that allowed the government to forcibly expropriate privately-owned land for mega-projects. The decision is seen as a blow to the ambitions of Vice President Germán Vargas Lleras, mastermind of the PND. The case was brought by the left-opposition Polo Democrática. (Colombia Reports, El Tiempo, Equilibrio Informativo, El Heraldo, Barranquilla, Feb. 9; El Espectador, RCN Radio, Feb. 8; Silla Vacía, Feb. 7)

Colombia: peasants sue over mining contamination

Indigenous and Black communities in Colombia's Chocó department filed a lawsuit this week, claiming 37 of their children died after drinking water contaminated with mercury by nearby mining operations over the past three years. The suit was brought before Colombia's Constitutional Court, which has ordered a thorough test of the water quality in the Riosucio and Andagueda rivers, which merge to form the Río Atrato. The affected Embera Katío and Afro-Colombian communities depend on these rivers for fishing and agriculture as well as direct consumption of water. The plaintiffs, represented by the Greater Community Council of the Popular Campesino Organization of the Upper Atrato (COCOMOPOCA), charge that unchecked gold mining in the zone has caused an "environmental crisis, which has had a devastating effect and cost the lives of the indigenous and Afro-descendant children." The Constitutional Court, in addition to asking the UN's Food and Agriculture Organization (FAO) for assistance in the water quality tests, also called on the University of Cartagena to prepare a report on the health impacts of mercury and cyanide contamination. (Colombia Reports, Feb. 4; El Tiempo, El Espectador, El Colombiano, Feb. 3)

Signs mount of grave Andean climate crisis

Colombia is suffering especially grave effects from this year's off-the-scale El Niño phenomenon. The national disaster response agency UNGRD is struggling to respond to a devastating drought, dispatching tanker-trucks of water to communities across the country where taps have gone dry. Juan Manuel Santos said this month that this is the second worst El Niño in the history of the country, and the worst impacts "are still to come." A few days of rain at the start of the year gave some residents hope, but Santos warned it would have "minimal effect, practically none," given the gravity of the situation. (El Espectador, Jan. 10; El Tiempo, Jan. 6; El Espectador, Jan. 4) The country's principal river, the Magdalena, is now so low that it is no longer navigable at several points, virtually shutting down Puertos Wilches and other cities that rely on the riverine trade. (El Espectador, Jan. 3) Most hard-hit is the north of the country, entire harvests could be lost. But the south is affected too, with huge forest fires threatening the city of Cali. Wildfires have engulfed more than 100,000 hectares of land nationwide. This is usually the rainy season in Colombia, but rains are 65% lower than usual, and temperatures 2.3 degrees Centrigrade higher. (El Tiempo, Jan. 21; El Tiempo, El Tiempo, Jan. 17; Xinhua, Dec. 30)

Peru: hydro opponent slain in Cajamarca

An opponent of the planned Chadín II hydro-electric complex on the Río Marañon in northern Peru was assassinated Dec. 28, gunned down in a hail of five bullets at his home in a rural district of Cajamarca region. Hitler Ananías Rojas Gonzales, 34, was president of the local Ronda Campesina (peasant self-defense patrol), and had recently been elected mayor of the pueblo of Yagen in Cortegana district of Celendín province. Also the vice-president of the Yagen Defense Front, formed to protect the area's natural resources from development interests, he had received numerous death threats for his opposition to the hydro project, as well as legal charges of "kidnapping" (often employed against activists who block traffic during protests). He leaves behind five children. (Servindi, Dec. 28)

Setbacks for Nicaragua canal project

The International Court of Justice on on Dec. 16 recognized Costa Rica's sovereignty over a 2.5-square-kilometer disputed territory on the border with Nicaragua, one of the main claims fought over by the two countries at The Hague-based court. "The sovereignty over the disputed territory belongs to Costa Rica," Justice Ronny Abraham stated. The ruling found that an artificial canal opened by Nicaragua in 2010 through Isla Calero, also called Isla Portillos or Harbour Head Island, was within Costa Rican territory and not part of the common border between the two countries. Justices also unanimously found that Nicaragua violated Costa Rican territory by invading Isla Calero with military personnel, by dredging canals in Costa Rican territory, and by violating Costa Rica’s navigation rights on the Río San Juan. Nicaragua was ordered to compensate Costa Rica for damage caused to its territory.

Brazil to sue mining giants for dam failure

Brazil's Minster of Natural Environment said Nov. 27 that the country's government plans to sue BHP Billiton Ltd., Vale SA, and Samarco Mineração SA for $5.24 billion for damages caused by a dam collapse at an iron ore site the two co-own. The iron ore site, Samarco Mineração SA, is a joint mining venture between the two companies. BHP Billiton Ltd. is the largest mining company, and Vale SA is the biggest ore miner in the world. The dam contained and released 60 million cubic meters of mine waste and mud that killed at least 13 people, left approximately 11 people missing, and devastated an entire village when it collapsed earlier this month. Brazilian Minister Izabella Teixeira announced that the government would seek to create a fund to compensate victims and to pay for the environmental recovery of the effected areas. The fund would be created gradually as a percentage of the companies' profits. The Special Rapporteurs sent by the UN Office of the High Commissioner for Human Rights (OHCHR) reported  that the "steps taken by the Brazilian government, Vale and BHP Billiton to prevent harm were clearly insufficient" and that "this disaster serves as yet another tragic example of the failure of businesses to adequately conduct human rights due diligence to prevent human rights abuses." 

Nicaragua: canal project advances —amid repression

Nicaragua's Canal Commission on Nov. 5 approved environmental and social impact assessments for construction of the inter-oceanic canal by Hong Kong company HKND. "We are officially authorizing HKND to now begin the structural design and construction processes," said commission president Manuel Coronel in a ceremony. The impact studies were undertaken by UK-based Environmental Resources Management (ERM) and handed in to the government in September after a year and a half of prerparation. The assessment found that the canal project "will have significant environmental and social impact," but that this can be mitigated if it is developed properly. Project adviser Bill Wild said the approval marked a "giant step" for the project, and assured rapid advancement in the construction. The studies had not yet been approved by the official groundbeaking on the project last December.

Mining company to pay in Brazil disaster

Brazilian mining company Samarco has agreed to pay at least $260 million in compensation for the Nov. 11 collapse of two dams it used to hold waste water from iron ore, which caused an avalanche of mud to inundate nearby villages in Minas Gerais state. Eleven people were killed and 12 are missing, presumed dead. The village of Bento Rodrigues was totally destroyed, with more than 500 people left homeless. Residents are being temporarily housed in hotels in the city of Mariana. Some 250,000 local residents are also left without drinking water. The mud is still being tested for potential toxins from the mine. In imposing the fine, Brazilian environmental agency IBAMA called the disaster "the worst mining accident in Brazil's history." Operations at the facility remain suspended, with Samarca admitting that two more dams at the site are "at risk of collapsing."

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