Mining

Organizations condemn Eco Oro’ threat to sue Colombia over efforts to protect páramos

The Canadian company developing the Angostura gold mine in the high-altitude wetlands, or páramo, of Santurbán, has announced that it could file an international arbitration suit against Colombia over measures to protect the páramo, which is an important source of water in the country. Washington/Ottawa/Bogotá/Bucaramanga/Ámsterdam – Civil society organizations condemn Eco Oro Minerals’ announcement that it will initiate international arbitration against the Colombian state. Eco Oro has stated its intention to sue Colombia under the investment chapter of the Canada Colombia Free Trade Agreement over measures that the Andean state has taken to protect the Santurbán páramo and páramos around the country from harmful activities such as large-scale mining. Eco Oro Minerals’ Angostura proposed gold mine in Santurbán has financial backing from the World Bank’s International Finance Corporation. The company argues that it will lose money because of the demarcation of the páramo and the recent decision from the Constitutional Court of Colombia reaffirming the prohibition against mining in all Colombian páramos. The company stated in a news release that it could bring the dispute to international arbitration and seek “monetary compensation for the damages suffered.” “Since the Angostura project got underway, it has been clear that páramos are constitutionally and legally protected and that this project could affect Santurbán, such that it might not be authorized. States should not be sanctioned for protecting their water sources, given that they are doing so in accordance with national and internacional obligations,” remarked Carlos Lozano Acosta from the Interamerican Association for Environmental Defense (AIDA). The páramos are the source of 70% of the fresh water that is consumed in Colombia and are essential for mitigating climate change.  The proposed gold mine was already the subject of a complaint to the Compliance Advisor Ombudsman of the International Finance Corporation (IFC). The Committee in Defense of the Water and Páramo of Santurbán filed the complaint in 2012. The IFC is the part of the World Bank Group exclusively focused on the private sector. A report based on this investigation is expected in the coming months. “The implication and the irony of Eco Oro’s statement is that the IFC’s investment in the company could be used to litigate against member states of the World Bank. It’s time for the IFC to withdraw its investment from this company,” stated Carla García Zendejas from CIEL. “In 2011, the Colombian Ministry of the Environment denied an environmental permit for the Angostura project, demonstrating its inviability. The Constitutional Court’s decision reaffirmed this, finding that the right to water and the protection of the páramos takes precedent over the economic interests of companies trying to develop mining projects in these ecosystems,” commented Miguel Ramos from the Santurbán Committee. “Just as has we have seen in El Salvador, where the state is being sued for US$250 million for not having granted a Canadian company a mining permit when the company did not even fulfill local regulations, the international arbitration system enshrined in neoliberal investment agreements is a real threat to the sovereignty of states and peoples to decide over highly important issues, such as water,” said Jen Moore from MiningWatch Canada. The organizations call on the company to abstain from arbitration against the Colombian state and note the risk that other companies with projects in the Santurbán páramo could follow Eco Oro’s example. Find additional information here. 

AIDA celebrates Court decision to protect Colombia's páramos

Colombia’s Constitutional Court on Monday declared unconstitutional an aspect of the country’s National Development Plan that permitted mining in páramos.  Bogota, Colombia. The Interamerican Association for Environmental Defense (AIDA) celebrates the decision of Colombia’s Constitutional Court to ban mining in the country’s páramos. The ruling—which nullified an article of the 2014-2018 National Development Plan protecting previously granted mining licenses—is vital to the preservation of Colombia’s freshwater resources, and should serve as an example for other countries in the region.  AIDA and partner organizations presented an amicus brief in support of the corresponding lawsuit, filed by the Cumbre Agraria, Campesina, Étnica y Popular. The court’s ruling brings justice to these important freshwater ecosystems and the many people that depend upon them. Although they occupy just 1.7 percent of the national territory, Colombia’s páramos provide 70 percent of its fresh water. The sensitive ecosystems are also strategic reserves of biodiversity, and act as carbon sinks essential to the mitigation of climate change. The high court’s decision is key to the protection of the Santurbán páramo, on which hundreds of thousands of people in the Bucaramanga metropolitan area depend. AIDA has long been working to defend Santurbán from large-scale mining and to provide support to affected communities.  AIDA urges the Ministry of the Environment to promptly enact the court’s ruling and protect all the country's páramos from the impacts of large-scale mining operations.

Defending Mexico's marine biodiversity from deep sea mining

Watch Out! The Mining Industry Wants to Dump its Waste in the Ocean

By Florencia Ortúzar, AIDA attorney, and Karol Rodríguez, AIDA intern Mining gives rise to a serious problem: toxic waste. Tailings from ore extraction have been known to damage the environment and communities living near dump sites. Responsible management, then, is critical if we desire economic development that brings more benefits than problems. In Chile, mine companies are running out of places to dump their dangerous byproducts. Inadequate disposal has already caused substantial harm; nobody wants toxic waste near their home or community. Even depositing tailings in dry areas with low biodiversity is not safe, because rain and floods can wash contaminants into communities. In this context, Chilean mining companies have come up with the “brilliant” idea of depositing mine tailings into the sea, through a pipeline that would transport tons of waste to a valley on the ocean floor. The Ocean: delicate and mysterious cradle of life The ocean is one of the greatest mysteries on our planet. In fact, 95 percent of the ocean floor has not been mapped, which means we know only 5 percent of it. We know more about the surface of the moon than about the depths of the ocean. What’s more, oceans contain the most complex ecosystems on the planet. The variables involved in their health and dynamics are infinite. Given these unknowns, it is impossible to predict the effect that mine tailings would have on the ocean floor. This uncertainty is reason enough to apply the precautionary principle, an important legal tool to prevent environmental degradation caused by human development. We don’t know how the waste may affect complex marine ecosystems, their many species, or even ourselves, who take nourishment from fish and other seafood. So how could we sleep soundly while a pipeline funnels contaminated, and certainly hazardous, waste into our oceans? The effects of the environmental damage could be large and uncontrollable, and, once the water is released into the ocean, there would be no turning back. An international workshop on the idea To understand more about this worrying initiative, two renowned Chilean environmentalists—Juan Pablo Orrego, president of Ecosistemas, and Flavia Liberona, executive director of Fundación Terram—attended an international workshop in Lima in June. Participants at the workshop, convened by the Joint Group of Experts on the Scientific Aspects of Marine Environmental Protection and the International Maritime Organization, discussed the viability of depositing mine tailings in the ocean. Orrego penned an article on the theme, which you can read here. In the workshop they learned that dumping mine waste into the ocean is nothing new. It happens in Canada, Turkey, Papua New Guinea, and in some African countries. The Norwegian government recently authorized the use of a pristine fjord (a narrow sea inlet) as a repository for mine tailings from a rutile mine. During the workshop, an official from the Norwegian government defended the decision, arguing, “The social benefits from the mine outweigh the destruction of the fjord.” According to whom? For and against Supporters of the Chilean proposal claim that dumping tailings into the sea does not necessarily entail a hazard. They say the risks are minimal because there’s no oxygen on the bottom of the ocean, so the chemical reaction that causes toxicity on the surface would not occur. Leonel Sierralta J., former official of Chile’s Environmental Ministry and current scientific director of Sustainable Initiatives for Mining, penned an open letter in response to Orrego’s article. In it, he says that although there have been disastrous cases involving mine waste in the ocean, there are also cases in developed countries in which waste dumping has been carried out based on science and following strict environmental criteria. His arguments have not convinced those who oppose the proposal, including five Chilean senators who sponsored a bill to prohibit the discharge of tailings into the ocean. An alternative: neutralize the risk Orrego proposes to regulate mining more strictly. He says that before tailings are deposited, mining companies must extract from them all heavy metals and neutralize their chemical compounds.  In that way, it would be feasible to deposit practically inert tailings in places such as old mine shafts. It would even create an economic opportunity for companies to begin extracting and recycling dangerous elements. The neutralization of tailings is an appropriate alternative to continuing environmental destruction. Orrego’s proposal is sensible. It’s reasonable to assert that economic activities dangerous for the environment continue only if their impacts are neutralized. If we generate more waste than we can deal with, it’s because we are not acting sustainably, which means we are not assuring the conservation of a healthy planet for our descendants. This is why we at AIDA work daily to preserve the health of ecosystems in the face of highly polluting activities like mining.  

Report from the Ramsar Conference

It’s a worrying and undeniable fact: 76 percent of the world’s wetlands have been destroyed in the last 40 years. In Latin America, these sensitive ecosystems suffer degradation from extractive industries, tourist activities, real estate projects, and other human causes. AIDA helped ensure that these threats were recognized as a priority concern of the Secretariat of the Ramsar Convention, an intergovernmental treaty for the protection of wetlands, during its 12th Conference of Parties. The Conference took place from June 2-9 in Punta del Este, Uruguay. AIDA and other civil society organizations included the risks in a public declaration presented before representatives of the various governments. The Ramsar Secretariat incorporated these threats into the Convention’s Strategic Plan 2016-2024. “This recognition opens the way for investigations to be made and guidelines established to combat the problem,” said Sandra Moguel, an AIDA attorney who attended the Conference.  “By contributing to the identification of causes for the deterioration of wetlands, we’ve laid the base for the adoption of regulations and other effective measures to conserve these important ecosystems.” Alongside local organizations, AIDA also presented a petition to alert the Ramsar Secretariat that the Colombian government has failed to fulfill its obligation to protect the country’s páramos, high Andean wetlands. In the petition, we call attention to the impacts that activities such as large-scale mining have on páramos—the source of more than 70 percent of the water in Colombia—and ask the Secretariat to monitor the situation and take action according to their abilities. The Strategic Plan also recognizes the need to have better synergy with other international environmental treaties—such as the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change—so that the sustainable use and conservation of wetlands attains greater relevance and is carried out more effectively. This correlation is key. “One of the greatest challenges of the Convention is to appropriately and effectively link the implementation of the treaty with the fight against climate change,” said Carlos Lozano Acosta, an AIDA attorney who also participated in the Conference. Lozano Acosta reported that one resolution was approved that calls on countries to reserve the quantity of water necessary for the preservation of their wetlands, and another that links the protection of these ecosystems with the mitigation of natural disasters, since wetlands are a natural barrier against hurricanes and storms.  But Lozano Acosta lamented the fact that the Conference remained without sufficient and adequate space for civil society participation. For Moguel, it was a success that—thanks to the efforts of Latin American representatives—all resolutions adopted at the Conference recognized and included in their text the wetlands management done by indigenous people based on their traditional knowledge.  Finally, in a parallel event organized by the International Coral Reef Initiative, AIDA attorneys presented their work defending reefs in the Americas. Particularly, they shared our Guide to Best Practices for Coral Reef Protection and emphasized the cases of Cabo Pulmo and the Veracruz Reef System, both sites in Mexico at risk from tourism and port development, respectively.

Progress on Protecting the Loggerhead Turtle!

By Gladys Martínez Significant strides were taken last week toward the conservation of loggerhead sea turtles. A new international resolution intends to strengthen protections for this endangered species in the Americas, and outlines the primary threats facing loggerheads, including mining, all of which should be regulated to avoid harm. The resolution was approved during the 7th Conference of Parties to the Inter-American Convention for the Protection and Conservation of Sea Turtles (CIT), hosted last week in Mexico City. One of just seven species of sea turtle in the world, the loggerhead turtle is threatened by human activities such as unsustainable fishing, poorly planned development and extractive industries.  AIDA was an actor and an observer in the conference, representing other organizations and individuals from civil society. My colleagues and I spoke with delegates and raised awareness of the harm that marine phosphate mining could cause to loggerheads, and to the ecosystem as a whole. We drew attention to the potential impacts of the Don Diego mining project in Bahia de Ulloa, Baja California Sur. The region’s first marine phosphate mine would, if executed, gravely impact populations of loggerhead turtles and other species that live in or migrate through Baja waters. I am pleased to report that I successfully advocated for the resolution to include mining on the list of threats to loggerheads. We also used our knowledge of international environmental law to help strengthen proposals within the resolution, and to make member States aware that immediate action is required for the conservation of the species. Details of the Loggerhead Resolution In the resolution, member States recognize that threats to the loggerhead turtle include development, coastal and deep-water fishing, marine debris, mining, pollution and climate change. The nations promise to work together to implement existing recovery plans for loggerhead populations, as well as to develop new plans in countries that still have not created them. They made the following commitments: Mexico and the United States will work together with Japan to develop a Trinational Recovery Plan for loggerhead turtles in the North Pacific. Chile, Ecuador, Peru and the United States will work with the Secretariat Pro Tempore of the Sea Turtle Convention and the Secretariat of the Convention on Migratory Species to implement a Species Action Plan for loggerhead turtles in the South Pacific. Mexico and the United States will continue working with collaborating countries of the North Atlantic to share information about the situation and tendencies of the loggerhead turtle of the Northeast Atlantic, and to identify collaborative conservation actions. A Report on the Conference Overall, I am quite satisfied with the advances achieved at this conference. I consider it a privilege to participate, and an honor to effectively contribute our knowledge and experience to conventions such as this, where decisions are made at an international level, and then taken back and implemented in each participating country. Another result of the Conference is the increased protection of the leatherback turtle (Dermochelys coriacea) of the Western Pacific. Member States approved a resolution in which they committed to: Deliver information annually to the Secretariat of the Convention on leatherback turtle bycatch taken by their fleets. Annually inform the Secretariat of measures that are being adopted to reduce bycatch. Identify, with the help of the Scientific Committee, critical areas and fisheries that require spatial and temporal management to reduce bycatch. Strengthen actions for the protection of leatherback turtles eggs. Establish and evaluate national programs for handling and releasing leatherback turtles taken as bycatch in fisheries. We trust that the States will transform these international commitments into effective actions for the conservation of sea turtles. At AIDA, we will remain vigilant to ensure these promises become reality. 

Strengthening the Sea Turtle Treaty

By Gladys Martínez When baby sea turtles first break through their shells, they slowly stick their heads out into the world. Then, they run as fast as they can to the vast body of salt water before them, where they will spend their lives. Sea turtles are migratory creatures that swim in the oceans, and nest on the beaches, of many different countries. Their survival is at risk from the impacts of human activity, such as unsustainable fishing, poorly planned development, and mining projects in marine and coastal areas. In an effort to confront these threats, the Inter-American Convention for the Protection and Conservation of Sea Turtles was created in 2001. The international treaty promotes the protection, conservation and recovery of sea turtle populations. From June 24 to 26 in Mexico City, representatives from member States will discuss achievements and plan for the future of the Convention during the 7th Conference of Parties. AIDA will be there advocating for the States to continue meeting their obligations and making new commitments. Fifteen Contracting Parties have signed the Convention: Argentina, Belize, Brazil, Chile, Costa Rica, Ecuador, Honduras, Mexico, Nicaragua, Netherlands (Antilles), Panama, Peru, Uruguay, Venezuela and the United States. Thirty-two accredited observers, including academic institutions and NGOs, may participate in meetings of Scientific and Consultative committees of experts.  The 7th Conference of the Parties will focus on adopting three key resolutions, on: The conservation of leatherback sea turtles (Dermochelys Coriacea) in the Pacific Ocean. The conservation of loggerhead sea turtles (Caretta Caretta). Exceptions to the subsistence harvest of olive ridley turtle eggs in Costa Rica. The Conference will also review the States’ compliance with regards to their annual reports, present the Secretariat’s work plan, and elect a new President, Vice President and Rapporteur.  AIDA will seek for the States to: Commit to avoiding threats to turtle nesting habitats by mining projects. Continue restricting and prohibiting developments that affect sea turtle migration routes. Strengthen measures for responsible fishing and bycatch (sea turtles are captured and killed incidentally by fishermen targeting other species). We will concentrate our outreach efforts on creating awareness and promoting measures to curb the risks that the Don Diego marine mining project will have on the loggerhead turtle and Mexico’s marine ecosystem. AIDA has worked since 1998 to protect sea turtles. First we advocated the Convention’s ratification. A campaign organized by AIDA and other sea turtle advocates helped secure the signatures necessary to continue the negotiation process, and, in 2011, for the Convention to enter into force. We have advocated before Courts and decision-makers for the protection of sea turtles in several countries of Latin America, basing our advocacy on the obligations assumed by States under the Convention. Using this strategy, we have protected the green turtle from illegal poaching on Costa Rica’s Atlantic coast, avoided loss of nesting habitat of the leatherback turtle, and guaranteed that hawksbill and olive ridley turtles continue to enjoy one of their favorite coral reefs, Coiba National Park in Panama. Follow us on Facebook and Twitter to learn more about the 7th Conference of Parties of the international treaty to protect sea turtles! 

Mine Threatens a Great Marine Migrator

By Haydée Rodríguez Each year, the gray whale sets out on one of the longest migratory journeys on the planet: a nearly 13,000-mile swim from its feeding grounds in Alaska to the warm waters of Baja California Sur, Mexico, where it births and raises its calves—after which it turns around and swims back again. It’s been estimated that, by the time a gray whale turns 50, it has traveled the equivalent of a journey from the Earth to the Moon and back.  This impressive mammal, 50 feet long in its adult years, and its migratory feat are at risk from a marine mining project. If executed as proposed, the project would gravely damage the environment and living conditions of the gray whale.  At the end of February this year, 2,652 grey whales arrived at the San Ignacio and Ojo de Liebre lagoons in Baja California Sur, very close to Ulloa Bay. This was the highest number recorded in the last 19 years, an occurrence that provides an important source of income for local families who depend on the sustainable tourism generated by whale watches.  Yet it’s precisely in this area near Ulloa Bay that Odyssey Marine Explorations intends to begin the Don Diego phosphate-mining project. The project began in September 2014, when the company presented its Environmental Impact Assessment (EIA) to Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT). The Don Diego Mine The proposed mine would comprise five work sites in an area of 91,267 hectares. Each site would be exploited for 10 years, resulting in a 50-year-long project. The intent is to extract 350 million tons of phosphate sand from the marine floor—a quantity that would fill Mexico City’s Aztec Stadium 264 times. As proposed, the project would have grave and irreversible impacts on a marine zone rich in biodiversity and of great importance to local fisheries.  The gray whale, as well as other species of whale and turtle that live or pass through the zone, depend on sound to communicate, stay united and locate food. The Don Diego project will use dredging boats to obtain the phosphate sand, producing a lot of noise in the area, potentially creating a “modification of vocal behavior or surprise reaction” in the whales, according to the project's Environmental Impact Assessment (chapter 4, page 229). Among other consequences, the noise would jeopardize the survival of the whales by causing changes in their behavior and migratory route, and would disrupt the feeding of calves.  Principal Impacts on the Marine Ecosystem AIDA presented our comments on the Don Diego EIA before SEMARNAT, pointing out the environmental reasons why the project should not be authorized under the conditions by which it was approved. Our key points were as follows: The proposed mining activity would gravely alter the marine ecosystem: large boats will dredge the seabed to extract sand, but also living organisms. The dredged material will be separated to obtain phosphate, and the material not considered useful will be returned to the sea.  The sediments that will return to the sea may contain high levels of toxic elements such as uranium and thorium, which are exposed during the phosphate-separation process. Exposed toxins may be transported on other organisms or consumed by fish that may then arrive on our tables. This is why the phosphate mining industry is considered a potential source of  radioactive contamination. The exposed toxic sediments, noise and dredging will put at risk the gray whale and other vulnerable species of whale (humpback and blue) and turtle (loggerhead) already in danger.   In addition to altering the habitat of marine species, the project will threaten the fishing and tourism activities on which various coastal communities depend.  In places such as Namibia and New Zealand, after analyzing similar projects, the governments negated permissions or declared a moratorium on phosphate mining until the industry can show that it does not cause grave impacts. The Mexican government should follow this example and apply the precautionary principle to avoid irreversible environmental damage. The Environmental Impact Assessment of the project lacks important information about the possible impacts on the marine ecosystem and measures to avoid them.  In our comments, AIDA highlighted the need for the company to provide more detailed information on the project’s potential impacts. The Mexican government has shown similar concern, as in their analysis of the EIA they’ve also requested additional information from the company. It is of particular interest to us to have better information on the impacts of sound and dredging on the coastal marine ecosystem, and on possible damage to fishing in the area. Without a doubt, it is better to prevent damage than to be sorry once it’s been done. The gray whale still has many miles left to swim. 

Protecting the Santurban Páramo from mining's damages

Don Diego mining project poses grave risk to Mexican marine ecosystem

AIDA’s formal comments on the Environmental Impact Statement for the phosphate-mining project, proposed in a Baja California Sur bay, point to insufficient information about safeguards for the ecosystem, which is vital for both coastal communities and endangered species.  Mexico City, Mexico. The Interamerican Association for Environmental Defense (AIDA) has commented on the Environmental Impact Statement for the Don Diego phosphate-mining project in Ulloa Bay, Baja California Sur. In their analysis, AIDA proved that the document lacks sufficient technical information to ensure that the project will not seriously damage the Bay. Ulloa Bay serves as an important marine ecosystem for coastal communities as well as for endangered species like the Blue and Humpback whales and the Loggerhead turtle.  The Mexican Center for Environmental Law (CEMDA) presented the comments in AIDA’s name to Mexico’s Secretariat of Environment and Natural Resources (SEMARNAT). "The comments show that the Don Diego project, the first of its type in the region, could cause serious environmental damage," said Haydée Rodríguez, an AIDA attorney. The primary reasons the project should not be authorized as presented are: The project could cause irreversible damage to an ecologically vulnerable and biodiverse region, which includes Magdalena Bay, a mangrove ecosystem considered a Marine Region of Importance. The region is also home both to threatened marine species and to others vital to the fishing industry. The Environmental Impact Statement lacks important information about possible impacts on the marine ecosystem and measures to avoid them. The project involves a mining process that will greatly alter the marine environment: large boats will dredge the seabed and extract sand in search of phosphate, but in doing so may also extract living organisms. The project will alter the marine ecosystem by unearthing sediments that contain toxic elements, such as uranium, that will be returned to the ocean after processing. The exposed toxic sediments, along with the dredging and noise of the mining operation, will alter the habitat of endangered species of whales and turtles. The Mexican government has national and international obligations to apply the Precautionary Principle. As such, they should deny permission to the project to ensure that it does not cause serious and irreversible environmental damage. In authorizing the project, the Mexican government would violate international treaties that require it to protect marine environments and threatened and endangered species. The project puts at risk fishing and tourism activities that provide the livelihoods of the region’s coastal communities. You can see our full comments on the Don Diego Environmental Impact Statement here (in Spanish).