US Congressional representatives seek cancellation of the Los Pinares mine in Carlos Escaleras Park

By Jorge Burgos, for Criterio HN

15 August 2023

Translated by Martin Mowforth

We are grateful to Jorge Burgos for his permission to translate and reproduce his article from Criteriohn, a digital communications media that reports on and analyses news from Honduras. https://criterio.hn/

The US representatives mentioned here  also seek to combat corruption and to protect the environmentalists in the Bajo Aguán region from further attacks and violence. 

Tegucigalpa

 

Today, US Congressional representatives Jan Schakowsky, Jesús «Chuy» García, Ilhan Omar and Raúl M. Grijalva along with 16 of their colleagues sent a letter to the US Secretary of State, Antony Blinken, requesting that the US Embassy in Honduras should continue to involve itself with the Honduran government in combatting corruption whilst at the same time protecting environmentalists in the Bajo Aguán region from future assaults and violence and see to it that their demands are dealt with clearly and justly.

This includes the definitive cancellation of the Los Pinares mining licences in the Carlos Escaleras Botaderos National Park, said the representatives’ petition. On the 15th June [2023] Oqueli Dominguez Ramos, an opponent of the illegal installation of the Los Pinares open-cast iron ore mine, was assassinated in his house. His mother, Catalina Ramos, was also wounded with a gunshot to the leg.

Scarcely five months before that, another of Catalina’s sons, Ali Dominguez, was also assassinated by men on motorbikes when he returned home with his friend Jairo Bonilla. Catalina’s third son, Reynaldo, felt obliged to abandon his home after receiving threats related to his opposition to the mine.

The Los Pinares mining company was initially a national company forming part of the giant US iron and steelworks company Nucor and the Honduran conglomerate EMCO Group which was owned by Ana Facussé and her husband Lenir Pérez. EMCO and other companies belonging to Ana Facussé’s father, the late Miguel Facussé, have long been accused of violence, illicit influence in the Honduran justice system and even of having connections to narcotrafficking.

The interests of the Facussé family in the Bajo Aguán region, where the Los Pinares mine is found, began with what were widely denounced as massive, violent and illegal appropriations of agrarian reform land and Indigenous Garífuna lands by the Dinant Corporation, property of Miguel Facussé. This year alone, seven land rights defenders involved in disputes with Dinant have been assassinated.

The Congressional representatives have concluded, “We are concerned about the level of support that the corporations associated with the Facussé family have enjoyed from the international community, including access to financing from the multilateral development banks and the investment from an important US corporation, despite the evidence of its participation in corruption, violence and other human rights violations.”

“We are also concerned that the actions of this type of company and the failure to counter them undermine the objectives of the Biden administration in the region,” added the representatives in their letter to Blinken.

Although the legislators “feel encouraged by the important efforts of the current Honduran government to support the investigations into these violent networks” via diverse initiatives, the legislators are pushing the US State Department to commit to the Honduran government to guarantee the definitive cancellation of the Los Pinares mining licences.

Furthermore, the representatives also requested that the Special Attorney for Crimes Against Life (based in Tegucigalpa) should investigate the assassinations of human rights defenders and environmentalists and should ensure the future protection and security of human rights defenders and environmentalists in the Bajo Aguán region.

As well as Schakowsky, García, Omar and Grijalva, signatories to the letter include representatives Henry C. «Hank» Johnson, Jr., Joaquín Castro, Jamie Raskin, Barbara Lee, Kevin Mullin, Cori Bush, Adriano Espaillat, Paul D. Tonko, Jimmy Panetta, James P. McGovern, Veronica Escobar, Lloyd Doggett, Jared Huffman, Rashida Tlaib, Linda T. Sánchez and Ritchie Torres.


Jorge Burgos

Has numerous years of experience and likes to practice ‘uncomfortable’ journalism which reaches the platforms of power, seeking changes in the style of governance to combat corruption, and revealing what power always wants to cover up.

jorgeburgos@criterio.hn

Congresistas de EE UU piden cancelación de licencia a la minera Los Pinares en parque Carlos Escaleras

Jorge Burgos, Criterio HN

15 Agosto 2023

Agradecemos a Jorge Burgos su autorización para la reproducción de su articulo de Criteriohn, un medio de comunicación digital que recoge, investiga, procesa, analiza, transmite información de actualidad y profundiza en los hechos que el poder pretende ocultar.

 Los representantes estadounidenses piden además combatir la corrupción y proteger a los ambientalistas en la región del Bajo Aguán de futuros ataques y violencia

 

Tegucigalpa.-  Hoy, los congresistas estadounidenses Jan Schakowsky, Jesús «Chuy» García, Ilhan Omar y Raúl M. Grijalva junto a 16 de sus colegas, enviaron una carta al Secretario de Estado de los Estados Unidos, Antony Blinken, solicitando que la Embajada de los Estados Unidos en Honduras involucre continuamente al gobierno hondureño para combatir la corrupción mientras protege a los ambientalistas en la región del Bajo Aguán de futuros ataques y violencia, y velar porque sus demandas sean atendidas plena y justamente.

Esto incluye la cancelación definitiva de las licencias mineras Los Pinares en el Parque Nacional de la Montaña Carlos Escaleras Botaderos, dice la petición de los congresistas.

El 15 de junio, Oquelí Domínguez Ramos, un opositor a la instalación ilegal de la mina de mineral de hierro a cielo abierto Los Pinares fue asesinado en su casa. La madre de Oquelí, Catalina Ramos, resultó herida de bala en la pierna.

Apenas cinco meses antes, el otro hijo de Catalina, Ali Domínguez, también fue asesinado por hombres en motocicletas cuando regresaba a casa con su amigo Jairo Bonilla. El tercer hijo de Catalina, Reynaldo, se vio obligado a abandonar su hogar después de recibir amenazas específicas debido a su oposición a la mina.

La compañía minera Los Pinares fue inicialmente una empresa conjunta entre el gigante siderúrgico estadounidense Nucor y el conglomerado hondureño EMCO Group, propiedad de Ana Facussé y su esposo Lenir Pérez.

EMCO y otras corporaciones respaldadas por el padre de Ana Facussé, Miguel Facussé (ya fallecido), han sido acusadas durante mucho tiempo de violencia, influencia ilícita en el sistema judicial hondureño e incluso conexiones con el narcotráfico.

Los intereses de Facussé en la región del Bajo Aguán, donde se encuentra la mina Los Pinares, comenzaron con lo que se denuncia ampliamente como apropiaciones masivas, violentas e ilegales de la reforma agraria y las tierras indígenas garífunas por parte de la corporación Dinant de propiedad de Miguel Facussé.

Solo este año, siete defensores del derecho a la tierra en disputas con Dinant han sido asesinados.

«Estamos preocupados por el nivel de apoyo que las corporaciones asociadas con la familia Facussé han disfrutado de la comunidad internacional, incluido el acceso al financiamiento de los bancos multilaterales de desarrollo y la inversión de una importante corporación estadounidense, a pesar de la evidencia de participación en corrupción, violencia y otras violaciones de derechos humanos», concluyeron los legisladores.

«Nos preocupa además que las acciones de este tipo de empresas y el fracaso para contrarrestarlas socaven los objetivos de la Administración Biden en la región», manifestaron, además, los congresistas en su misiva a Blinken.

Si bien los legisladores «se sienten alentados por los importantes esfuerzos del actual gobierno hondureño para apoyar las investigaciones sobre estas redes violentas» a través de diversas iniciativas, los legisladores instan al Departamento de Estado de los Estados Unidos a comprometerse con el gobierno hondureño para garantizar la cancelación definitiva de las licencias mineras de Los Pinares.

También, piden la investigación de los asesinatos de defensores de derechos humanos y ambientalistas por parte de la Fiscalía Especial de Delitos contra la Vida con sede en Tegucigalpa, y la futura protección y seguridad de defensores de derechos humanos y ambientalistas en la región del Bajo Aguán.

Además de Schakowsky, García, Omar y Grijalva, los firmantes de la carta incluyen a los representantes Henry C. «Hank» Johnson, Jr., Joaquín Castro, Jamie Raskin, Barbara Lee, Kevin Mullin, Cori Bush, Adriano Espaillat, Paul D. Tonko, Jimmy Panetta, James P. McGovern, Veronica Escobar, Lloyd Doggett, Jared Huffman, Rashida Tlaib, Linda T. Sánchez y Ritchie Torres.


Jorge Burgos

Tengo algunos años de experiencia y me encanta practicar el periodismo incómodo que toque los tinglados del poder, buscando cambios en la forma de gobernar y procurar el combate a la corrupción, develando lo que el poder siempre quiere ocultar.

jorgeburgos@criterio.hn

Panama Supreme Court declares mining contract illegal

In the November/December 2023 additions to The Violence of Development website, Martin Mowforth reported on protests and blockades in Panama that brought the country to a standstill. Here he reports again on developments in this ‘people versus the government’ conflict.

By Martin Mowforth

February 2024

Key words: mining protests; road blocks; First Quantum Minerals; Minera Panama (formerly Minera Petaquilla.

 

On 28 November 2023, the Supreme Court of Panama declared that a renewal contract that allowed a Canadian mining company (First Quantum Minerals) to continue operating Central America’s largest open pit copper mine was “unconstitutional”.

For over a month before the Supreme Court judgement, the renewal of the contract had given rise to massive protests that spread throughout the country causing blockages on major highways that impeded the passage of national and international trade. According to the EFE News Agency, the blockages had caused losses in the order of millions of dollars and shortages of various goods in cities. Newspaper articles frequently talked of the country being brought to a standstill, as the previous entry into this section of The Violence of Development website records.

Groups taking part in the protests included Indigenous peoples, trade unionists, schoolteachers, students, and environmentalists.

The concession rights for the Cobre Panama project were obtained in 1997 under Law 9 by Minera Petaquilla, now known as Minera Panama SA, according to First Quantum. Minera Panama is a majority owned subsidiary of First Quantum. The court indicated in its decision that Panama’s National Assembly accepted a contract that didn’t follow the correct legal process and therefore contravened the constitution.

Environmentalist Raisa Banfield declared the judgement as “a victory for popular democracy”, and Ombudsman Eduardo Leblanc asserted that “democracy worked”. He also noted that after dividing the country, it was now necessary “to move towards recovery and reconciliation”.

Following the judgement, protestors began to remove the blockades on major highways.

First Quantum Minerals has notified the government of Panama that it intends to present arbitration claims, under a free trade agreement between Panama and Canada. Once again, then, claims made by transnational corporations to arbitration courts such as the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) demonstrate their inherent injustice through their attempts to prevent countries and communities making decisions and taking action against the despoliation of their environments and societies.


Sources:

  • AFP, 28 November 2023, ‘Panama Court Nixes Major Mining Deal’.
  • Ariadne Eljuri, 29 November 2023, ‘Panama Supreme Court Declares Mining Contract Illegal’, Orinoco Tribune.
  • The reader is also referred to the numerous sources cited in the previous article in this section of the website.

 

Guatemalan Minister of Environment Reveals Authorization of Cerro Blanco Mine

From GHRC Update

8 April 2024

Once again we thank the Guatemala Human Rights Commission (GHRC) for their work and research on Guatemala and for their generalised authorisation for others to use and promote their work. https://www.ghrc-usa.org

The Guatemalan Ministry of Environment and Natural Resources (MARN) recently confirmed that the Cerro Blanco mine in Asunción Mita, Jutiapa, has been authorised to operate. The MARN revealed the news in a public statement made  by Minister María José Iturbide.

The controversial  gold mine was given authorisation to operate by the former MARN under the  Giammattei administration, five days before former president Giammattei’s  departure from office  The period in which the authorisation could have been revoked expired one day before the Minister Iturbide’s March 25th announcement.

The mine is owned by a Canadian company, Bluestone Resources. The mine  has triggered widespread protests from both Guatemalan and Salvadoran communities concerned about profound environmental impacts. Of particular concern is the potential impact on the El Tempisque stream, a tributary to Lake Güija, which in turn connects with the Lempa River, traversing the border with El Salvador.

The Extractive Industries Observatory (OIE) has warned of the imminent risk of contamination to these vital water bodies, which millions of people depend on as their primary source of water.

On September 18, 2022, the population of Asunción Mita carried out a municipal consultation of residents based on the Municipal Code, in which the inhabitants of the municipality were asked whether they agreed or disagreed with the mining project. A total of 7,481 people voted no to mining, while 904 voted in favour. The result of the Municipal Consultation of neighbours is directly binding.

Nonetheless, in March 2023, the US embassy in Guatemala advocated with the Giammattei administration in favour of the reactivation of the Cerro Blanco mining project, according to an article in Prensa Comunitaria. Through two letters addressed to Gersón Barrios Garrido, then Minister of Environment and Natural Resources (MARN), the US diplomatic mission requested “support to know the progress of the approval process of the modification of the environmental plan in order to continue assisting US investors interested in investing and contributing to the economic development of Guatemala.” The first letter, dated March 30, 2023 and signed by John Howell, commercial counsellor of the US embassy, informs Minister Barrios Garrido that “Elevar Resources, S.A. is a subsidiary of Bluestone Resources Inc., a company that has substantial capital from investors of United States of America (USA) . . . .”

Panamanian workers are being punished for anti-mining protests

Chapter 5 of TVOD website carries numerous articles about the Petaquilla mine in Panama, including news of the Supreme Court’s declaration of the mining contract as illegal. This declaration brought to an end the demonstrations and road blockages called to protest the renewal of the contract that allowed a Canadian mining company (First Quantum Minerals) to continue operating a large open pit copper mine. Pablo Meriguet’s article below covers one aspect of the aftermath of the protests and mining cessation. We are very grateful to Pablo and to People’s Dispatch for their permission to reproduce the article here.

People’s Dispatch website: https://peoplesdispatch.org/

By Pablo Meriguet, People’s Dispatch

June 23, 2024

 

Key words: MiningNational Union Of Workers Of Construction And Similar Industries (SUNTRACS)PanamaRetaliationSaúl MendezUnionsWorker Rights And Jobs.

 

Panama’s Largest Union, SUNTRACS, Has Denounced That Several Of Their Bank Accounts Were Frozen As A Retaliatory Measure For Opposing A Mining Concession.

Panamanian business groups and large transnational capital are trying to take revenge on the National Union of Workers of Construction and Similar Industries (SUNTRACS), says Saúl Méndez, general secretary of the union. For several months, the state-owned company Caja de Ahorros has frozen 18 bank accounts of the union, one of the largest in the country, which represents more than 25,000 people. According to government sources, the closure of the bank accounts is due to alleged links of SUNTRACS with terrorist activities.

However, according to Méndez, the freezing of their accounts is an act of retaliation by national and international economic groups that have economic interests in Panama, for being the political group that led the protests against open-pit metal mining during October and November of last year.

Last year, SUNTRACS led dozens of popular organisations that sought, through massive street protests, to defend the country’s sovereignty and environmental well-being by opposing Law 406. The law promised privileges for more than 20 years to First Quantum Minerals (FMQ), with the possibility of extending those privileges for an additional 20 years. The demonstrations resulted in the Supreme Court of Justice declaring Law 406 unconstitutional on November 28, 2023. A few hours later, President Laurentino Cortizo announced that the copper mine “offered” to FMQ would be closed.

These types of neo-colonial economic measures, which aim to cede national sovereignty for long periods, have already been applied on several occasions in Panama, probably the most infamous being the Hay-Bunau Varilla Treaty (or Convention of the Canal through the Isthmus). With this treaty, Panama ceded its sovereignty to the United States, which thus appropriated one of the most important commercial points in the world: the Panama Canal. In this way, the protests of 2023 join a long struggle of the Panamanian people against the economic and political impositions of the national and transnational oligarchic groups that promote this type of neocolonial activities.

Faced with the freezing of its bank accounts, SUNTRACS called a 24-hour strike on June 20. Road closures were reported in several cities by the mobilized workers, who demanded the restitution of “the workers’ funds”. During the demonstration, slogans such as “Here the crime was to fight for the dignity of the people” were heard. In addition, the strike managed to paralyze a good part of the construction industry.

In addition, Méndez assured that SUNTRACS filed a formal complaint for the freezing of its bank accounts before the International Labor Organisation and the Superintendency of Banks. He also assured that, despite these types of measures that seek to neutralize them, SUNTRACS will continue to denounce and mobilize in favour of the interests of the Panamanian people.

The notion of ‘green mining’

A section entitled ‘The notion of green mining’ appears in the book, but this section is included here as it is slightly fuller than the edited version in the book.

Salvadorans had never heard the term ‘green mining’ before 2007, but towards the end of the year they found themselves exposed to the idea through a series of radio and television advertisements. Essentially ‘green mining’ presents the mining of minerals “as a source of development without any secondary adverse effects on the environment or on peoples’ health.”[1]

Green mining is a notion that was developed by a group of companies which were looking to expand their operations in El Salvador and which called themselves the National Roundtable for Green Mining.[2] As the organisation Crispaz (Christians for Peace in El Salvador) explains, “El Salvador’s radio stations [were] bombarded by anonymous Minería Verde or Green Mining propaganda for a year.”[3]

The Roundtable does not have a website and the people responsible for “the millionaire publicity crusade” which “flooded the majority of Salvadoran radio stations and TV channels”[4] prefer to remain anonymous. It is widely believed, especially within the membership of the opposing roundtable, the National Roundtable Against Metal Mining in El Salvador, that having failed to persuade the government, and especially the Ministry of Environment and Natural Resources (MARN), to grant it permits for mining, Pacific Rim changed its strategy from the lobbying of government to an aggressive publicity campaign about ‘green mining’.

As Izote News reported, for this campaign, Pacific Rim … hired as activists for the mining companies the economist Manuel Enrique Hinds, the lawyer Fidel Chávez Mena and an ex-employee of the MARN Luis Trejo. … Hinds made a ‘study’ which emphasised the economic ‘benefits’ of mining focusing on the growth in GDP and exports. Chávez Mena wrote a draft for a new mining law, attempting to overcome the ‘obstacles’ which Pacific Rim had encountered with the current Law of Mining. And Trejo came up with the phrase ‘green mining’, which existed nowhere in the scientific world.[5]

Coincidentally with the publicity campaign, Pacific Rim took a group of about 40 people from the department of Santa Ana in the west of the country to the department of Cabañas where the company was trying to get permits for a number of gold mines including the El Dorado mine. Their specific purpose was to talk to the people of the communities affected in Cabañas about the benefits of mining. As one blogger on the Hunnapuh site said, “all this propaganda is nothing more than a publicity stunt by the Pacific Rim company”; and as another on the same site stated, “it is important to expose the propaganda in favour of green mining.” [6]

It has to be added that such blog sites also include comments in favour of mining. One blogger (Carlos) on the same Hunnapuh site talks of the way in which environmentalists – specifically he mentions Greenpeace – are cheating the people of Third World countries by persuading them that they should not develop in the same way as have the First World countries. He says that cyanide is used in many industries and that in mining it does less harm and is more tightly regulated than in other activities. He ends with an appeal to local people to “Wake up, you are being deceived by the permanent campaign of capitalist countries to prevent development in the Third World.”[7]

This debate has clearly polarised the country, involving all sectors of society in the debate. The Episcopal Conference of El Salvador (CEDES by its Spanish initials), composed of Catholic Bishops in the country, is forthright in its opposition to mining operations in the country on the grounds that it puts “human life at risk.”[8] A group called Movement Pro Green Mining protested outside the cathedral in San Salvador against the anti-mining stance of CEDES and Archbishop Monsignor Sáenz Lacalle. Whilst accepting their right to protest, the Archbishop pointed out that they were paid a salary to protest in favour of mining and that green mining is nothing more than a concept of propaganda.[9]

Following the green mining campaign in El Salvador, Infinito Gold S.A. in Costa Rica began to deploy the same tactic in response to the increasingly prominent public profile of and public support for opponents of the Las Crucitas mine in 2009 and 2010. The company promoted a publicity campaign for green mining which was shown every few minutes on the passenger advertisement screens of the many buses which have screens in the capital city San José. To anybody who has seen the minute-long film it could not appear as anything other than biased propaganda, but its drip-drip effect is likely to have some effect over time.

Perhaps the final word on green mining should be given to Juan Marco Álvarez, former director of Salvanatura, a Salvadoran conservation and environmental organisation which depends heavily for its funding on sponsorship from transnational companies. Like the organisation which he used to head, he is a positive and dynamic environmentalist, but unlike most environmentalists he is supportive of rather than critical of transnational companies and the neoliberal economic development which they pursue and promote. Despite that, Álvarez has declared that “there is no such thing as green mining. … the term green mining is used to whitewash the image of the industry.”[10] He recognises that mining has a high environmental impact and that “all mining pollutes to a greater or lesser degree.” He also suggests that it should not be possible that the mining companies leave only 2 per cent of their earnings in El Salvador, and that the law should be changed to rectify this. But he also believes that with appropriate planning, environmental conditions and a framework of full participation (“not just the mayors and town halls, but also community leaders”) and transparency, it could be possible for mining to function.[11]


[1] Salvadoran Ministry of Education publicly accessible miPortal website: www.miportal.edu.sv/sitios/operacionred2008/OR08052739/ (accessed 26.02.10).
[2] Joel Díaz (2008) ‘Minería verde, una polémica discusión’, ComUnica en Linea, Año 5, No. 7, May 16, available at: http://168.243.1.4/virtual/comunica/archivo/may162008/notas/nota18.htm (accessed 28.02.10).
[3] Crispaz (2008) ‘Mining in El Salvador: At What Price?’, Crispaz, available at: www.crispaz.org/news/list/2008/0611.html (accessed 26.02.10).
[4] Izote News (2008) ‘¿Quiénes están detrás de la “minería verde”?’, Izote News, 28.05.08, available at: http://izotenews.blogspot.com/2008/05/quines-estn-detrs-de-la-minera-verde.html (accessed 28.02.10).
[5] Ibid..
[6] Hunnapuh (2007) ‘La minería verde “NO EXISTE”’, Hunnapuh – Comentarios, 27 August 2007, available at: http://hunnapuh.blogcindario.com/2007/08/01965-la-mineria-verde-no-existe.html (accessed 26.02.10).
[7] Ibid..
[8] Crispaz (2008) ‘Mining in El Salvador: At What Price?’, Crispaz, available at: www.crispaz.org/news/list/2008/0611.html (accessed 26.02.10).
[9] Ibid..
[10] Rodrigo Baires, Daniel Valencia, Diego Murcia y Mauro Arias (2008) ‘Pláticas en la Ventana: entrevista con Juan Marco Álvarez’, El Faro, 2 June 2008, available at: http://archivo.elfaro.net/Secciones/platicas/20080602/Platicas1_20080602.asp (accessed 01.03.10).
[11] Ibid..

Accusations against the mining industry

This figure is referred to in the book as ‘The accusations’ (Page 86)

Accusations against the mining industry are given in Chapter 5 of the book under the sub-heading ‘The accusations’, but a summary table is also given here.

  • land appropriation – laws actually allow it
  • forced evictions – laws actually allow it
  • selling short on compensation
  • contamination of water – See the use of cyanide
  • contamination of land and air – See the use of cyanide
  • contamination of people – See the use of cyanide
  • disregard for national and local laws
  • disregard for human rights
  • (extreme) violence against opponents
  • bribery of local officials
  • lying

The Honduran government’s General Mining Law

The law provides for the following:

There is one form of legal title called a ‘mining concession’

Opposition to the granting of a mining concession must be made within 15 days of the publication of the application for a mining concession.

The rights of the mining concession holders include:

  • The free use of unproductive state lands
  • The right to ask permission to use third parties’ lands
  • Use of water both inside and outside of the area of the mining concession
  • To have legal petitions answered by the mining authority within a specified time or else they will be considered automatically approved
  • The right to petition the state to forcibly remove people from their land where their presence makes the use of the mining concession impossible.

The obligations of the concession holders are:

  • To produce at least $500 per hectare (ha) p.a. until the 8th year after the granting of the concession
  • To pay a territorial tax of between $0.25 per ha. p.a. for a new concession and $3 per ha. p.a. for concessions older than eight years.
  • To pay a penalty amount if minimum production is not reached.
  • To act subject to applicable safety, hygiene and environmental norms
  • To pay a tax on rent, sales (does not apply to exports) and a municipal tax (1 per cent of crude worth of sales)

Requirements for an Environmental Impact Study (EIS) include:

  • The Department for Evaluation and Environmental Monitoring (DECA) inspects an area where a company is proposing to mine and decides whether it should be a Category 1or a Category 2 mine
  • An EIS is not required for Category 1 mines
  • Category 2 mines are generally more environmentally sensitive or very large.
  • DECA provides the terms of reference for the EIS which is conducted by a company selected by the mining company from a government-approved list
  • The mining company pays for the EIS
  • After review of the EIS, a formal opinion is released and includes a list of measures to be complied with in order for the mining license to be granted
  • Inspection of mining operations is carried out by DECA and DEFOMIN (Department for the Promotion of Mining)
  • The law refers to the relocation of people and use of water according to the law, but there are no established laws that relate to these matters.

Making a denunciation of an environmental offence is relatively easy and accessible, although no legal assistance is available.

Enforcing constitutional rights is highly problematic as no judges specialize in constitutional law which is rarely if ever used by the community or civil society.


Major source
Centre for Economic and Social Rights (CESR) (2001) Report of a fact-finding mission (CESR-FFM) to Honduras in March/April 2001. New York. (Pp.1-10)


Please note that the current post-coup Honduran government – sometimes referred to as ‘coup-2’ –enacted a new mining law in January 2013 after revision by advisors funded by the Canadian government. Miriam Miranda, General Coordinator of OFRANEH, said “Right now [resources] are up for grabs and there’s an unparalleled exploitation of that by transnational and foreign capital. There’s no respect for international laws and international jurisprudence on the rights of indigenous peoples.”

Artisanal and small-scale mining

What, then, are we to make of the mining industry? The transnational mining companies appear to operate like gangsters. Despite the companies’ protestations and propaganda, the evidence and testimony about their extreme misdemeanours seem to be undeniable and overwhelming. Their attempt to win us over with the notion of ‘green mining’ must rate as one of the top examples of corporate ‘greenwash’. But we cannot simply dismiss the industry as gangster-like with no redeeming features – so many of our modern lifestyle props and artefacts depend on the mining of minerals: quite apart from the jewellery, gold and coins, gold and many other minerals are used in electrical switches and contacts, components of satellite dishes, computers, telecommunications, televisions and other electronic equipment, medical equipment, in dentistry and many other walks of life.

In today’s world, the idea of a blanket ban on the extraction of minerals from the earth’s surface – the ‘Leave it in the Ground’ campaign – is just too extreme and would be treated as laughable not just by proponents of the mining industry but also by the majority of the world’s population who have benefitted in some way or other from the ‘modernisation’ and globalisation of the world’s economy. So, if the transnational mining companies are not prepared to humanise themselves and to adapt their behaviour to ensure the survival of the planet and its communities – and that prospect certainly seems unlikely – then are there any means by which mining can be made less damaging and more tolerable than it is at present? Is there, for instance, such a thing as artisanal and small-scale mining? Or is that just a hark back to the golden days of the nineteenth century gold rushes?

The International Labour Organisation (ILO) reports that worldwide “between 11 and 13 million people directly depend on ASM [artisanal and small-scale mining] for their survival, and 80 to 100 million people engage in ASM as a seasonal activity – more than the number of people employed in large-scale mining.” And “small-scale miners produce 20-25% of all non-fuel minerals worldwide.”[1] The variability in the above data is no less obvious in the region of Central America. In 2003, however, Eduardo Chaparro Ávila gave estimates of the numbers employed in small-scale mines as 3,000 – 6,000 in Nicaragua and 3,000 – 4,500 in Panamá.[2]

ASM, then, is clearly a significant sector of the mining industry, but that does not necessarily mean that it is an answer to the problems caused by large-scale mining. In fact, the evidence suggests that problems associated with water pollution, soil pollution, labour exploitation and health issues are as great for those involved in the small-scale activity as they are for those affected by the large-scale activity. Indeed, the process of separating gold from the earth that contains it requires the use of mercury which has various effects on human health. Reporting on ASM in the Nicaraguan Mining Triangle, James Rodríguez lists these as “disruption of the nervous system, damage to brain functions, DNA and chromosomal damage, allergic reactions, skin rashes, fatigue, headaches, sperm damage, birth defects and miscarriages.”[3] An article by Leslie Josephs about artisanal mining in Costa Rica adds nerve damage and renal failure to this list.[4]

It is perhaps not surprising that the majority of the people who are prepared to undertake such dangerous work are from the poorest and most marginalised sectors of society. As Cristina Echavarría, director of the Mining Policy Research Initiative (MPRI) of the International Development Research Centre (IDRC) described to the Conference of Montreal: The International Economic Forum of the Americas in June 2009, “A negative image persisted and expanded of ASM as an unsustainable and unacceptable way of life. Extreme poverty and inequity are also unsustainable and unacceptable. And it is mostly the poorest people, often women and children, who end up in this kind of mining as a last, hopefully temporary, resort to make a living.”[5]

Marty Logan reports that up to the turn of the century, “governments and multilateral institutions operated in the hope that ASM would disappear,” but also that “it became painfully clear that ASM was not going to disappear.” [6] It is also clear that both large-scale and small-scale mining are generally very destructive of the health of humans, of animals and of the environment.

Given this state of affairs, in 2001 the World Bank launched the Communities and Small-Scale Mining (CASM) initiative whose stated goal is “to reduce poverty by improving the environmental, social and economic performance of artisanal and small-scale mining in developing countries.”[7] Amongst other specific objectives CASM tries to formalise ASM so that it can work with the large-scale sector of the industry to the mutual benefit of both. The Mines And Communities organisation points out that this is “certainly a welcome advance on earlier stances which tended to regard small-scale mining as, at best, a hindrance, at worst, as criminal.”[8]

In 2008 in collaboration with the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the MPRI stated its intention and vision that within ten years ASM would be “a formalised, organised and profitable activity that uses efficient technologies and is socially and environmentally responsible.”[9] The vision was soon endorsed by the ILO, the World Bank and a range of NGOs, governments and bilateral programmes.

In early 2010 the International Council on Mining and Metals (ICMM) published a report entitled ‘Working together – how large-scale miners can engage with artisanal and small-scale miners’.[10] Whilst praising some aspects of the report, the organisation Mines And Communities suggests that, despite its stated motives and fine words, this simply does not go far enough to address the shocking nature of much large-scale mining: “It fails … to challenge the unacceptable economic stranglehold some of them [the companies] currently wield over governments and land-based labourers alike.”[11]

In commenting on a report by Earthworks[12], a research and action group on issues of mining, Mines And Communities is critical of the ICMM’s prescription that ASM should lie largely with governments and large-scale mining companies. Instead, it suggests that artisanal and small-scale miners should empower themselves in order to assert their rights. It further suggests that “In the process they are likely to improve their health, gain some economic stability, and be given access to buyers and processers of their products, willing to pay a ‘fair’ price.”[13]

Earthworks believes that it is necessary for artisanal and small-scale miners to adopt principles and standards for responsible ASM and that a range of NGOs could provide such standards. Moreover, there are some NGOs which are in a position to provide a certification system which

would include practices such as respecting human rights; obtaining community consent; guaranteeing revenue sharing and transparency; not operating in areas of armed conflict; respecting workers’ rights and health and safety standards; not using mercury or other toxic chemicals; and not operating in protected areas, among others.[14]

There is no question that such notions are laudable and deserve the support of all parties directly or indirectly involved in the activity of ASM, but their realisation in practice is likely to require far more effort than a statement of those fine words. In Central America, the Costa Rican government is attempting to regulate artisanal and small-scale miners by “urging them to form cooperatives, apply for official mining concessions with environmental permits and pay taxes.”[15] One of the prime reasons for this effort is the government’s concern that these informal miners dump dangerous chemicals into water supplies. Additionally, it is known that some of the miners regularly handle mercury with their bare hands. By the end of 2009, the government estimated that about a half of the miners were already organised into officially recognised cooperatives.

The Costa Rican programme is a worthy one, but in other countries regulation of the ASM sector has not yet featured on the political scene. Moreover, the activities of the ASM sector are often informal and remote, and even illegal, and thus are often beyond the reach of legislators and officialdom.

The prospect that the ASM sector could replace or stand in for the large-scale mining corporations is simply not yet on the horizon.


[1] Marty Logan (2009) ‘Making Mining Work: Bringing poverty-stricken, small-scale miners into the formal private sector’, International Development Research Centre (IDRC), 8 September 2009, www.idrc.ca/en/ev-62120-201-1-DO_TOPIC.html (accessed 11.03.10).
[2] Eduardo Chaparro Ávila (2003) ‘Small-scale mining: a new entrepreneurial approach’, United Nations Economic Commission for Latin America and the Caribbean (ECLAC/CEPAL), Natural Resources and Infrastructure Division.
[3] James Rodríguez (2010) ‘Gold Fever: Artisanal and Industrial Extraction in the Nicaraguan Mining Triangle’, http://upsidedownworld.org/main/nicaragua-archives-62/2382-gold-fever-artisanal-and-industrial-extraction-in-the-nicaraguan-mining-triangle (accessed 13.02.10).
[4] Leslie Josephs (2009) ‘Costa Rica assails big risks taken by small miners’, Reuters, 24 December 2009.
[5] Op.cit. (Logan).
[6] Op.cit. (Logan).
[7] Communities and Small-Scale Mining website, www.artisanalmining.org (accessed 14.03.10).
[8] Mines And Communities website, ‘Mining lobby group advocates engaging with artisanal miners’, www.minesandcommunities.org/article.php?a=9890 (accessed 11.03.10).
[9] Op.cit. (Logan).
[10] International Council on Mining and Metals (ICMM) (2010) ‘Working together – how large-scale miners can engage with artisanal and small-scale miners’, downloadable from www.icmm.com/page/17638/new-publication-on-engaging-with-artisanal-and-small-scale-miners (accessed 14.03.10).
[11] Op.cit. (Mines and Communities website).
[12] Earthworks (2010) ‘The Quest for Responsible Small-Scale Gold Mining’, downloadable from http://earthworksaction.org/pubs/Small-scale%20gold%20mining%20initiatives%20comparison-2010.pdf (accessed 14.03.10).
[13] Mines And Communities website, ‘The Quest for Responsible Small-Scale Gold Mining’, www.minesandcommunities.org/article.php?a=9891 (accessed 10.03.10).
[14] Op.cit. (Earthworks, 2010).
[15] Op.cit. (Josephs, 2009)

The use of cyanide in gold mining

This figure is referred to in the book as X.XX (Page XX)

In recent years the use of cyanide in gold mining has become the dominant means by which gold is extracted from a body of ore. The mercury amalgamation process had previously been used but recovered only about 60 per cent of an ore body’s gold. In contrast, leaching finely ground ore with cyanide can recover up to 97 per cent of the ore body’s gold.

The process involves:

    1. Removal of all topsoil from the area to be mined.
    1. Large open pits, up to a mile wide, created to extract the ore.
    1. Transport of raw ore in large trucks to crushing machines.
    1. Crushed material built into heaps over which cyanide is sprayed.
    1. The cyanide trickles down through the ore and bonds with microscopic specks of gold. A pad underlying the heap channels the solution into a holding pond.
    1. The gold laden cyanide solution flows over activated carbon; the carbon bonds to the gold while the cyanide is drawn off for re-use on the heap.
    1. Other chemicals are used to separate the gold from the carbon.
  1. The gold is then purified.

Mining companies state that under sunlight cyanide in water rapidly breaks down into largely harmless substances such as carbon dioxide and nitrate. It also tends to react readily with many other chemical elements, however, and is known to form hundreds of different compounds. While generally less toxic than the original cyanide, many of these compounds are known to be toxic to aquatic organisms, to persist in the environment for long periods and can be accumulated in plant and fish tissues.

People’s health is endangered when cyanide-laden waste is released into water used for drinking and bathing. People who live in close proximity to cyanide heap leaching pads also report increased respiratory and skin diseases.


Source:
Centre for Economic and Social Rights (2001) ‘Report of a fact-finding mission (CESR-FFM) to Honduras in March/April 2001’, New York, pp.1-2, 10-11.