PBI Colombia . Newsletter no 18 . November 2011 Colompbia

Mining in Colombia: At what cost? SUMMARY

4 The mining and energy “boom”

8 Mining legislation: Advancements and setbacks

12 International legislation Photo: Jonas Wresch Wresch Photo: Jonas

13 The legal framework for crude oil drilling

14 Land, water and nature: Symbols of the State

19 Is the Mandé Norte mining exploration and extraction project wanted?

20 “Before this country was even a republic there was mining in Colombia”

24 Artisanal mining in Northeast Antioquia

25 Guamocó: “Gold for life and not for death”

29 Cauca: The illegal take of La Toma

32 Coal for the world, setbacks for La Guajira

37 The U’wa people: Defending the blood of mother earth

41 Threats to Barí territory

42 Peru: “Mining creates poverty and pollution”

45 Mexico’s treasure

Newsletter no. 17 PBI Colombia, November 2011 Research, writing and Ana Vicente, Neil Martin, Daniel James editing Slee, Moira Birss, Sylvain Lefebvre, On the cover Miners in Segovia (Antioquia) Bianca Bauer Photo by Jonas Wresch, www.jonaswresch.com Translation Emily Nelson Newsletter design Bianca Bauer The opinions and positions expressed herein do Print Editorial CÓDICE Ltda. Tels.: 2177010 - not necessarily reflect the views of Peace Brigades 2494992. [email protected] International or its funding agencies. ISSN 1908 - 3489 Contact: [email protected] © PBI Colombia All rights reserved.

2 EDITORIAL

Open pit mining outside of Segovia (Antioquia). Photo: Jonas Wresch olombia is one of the most biologically diverse countries on the planet and is home to more than 10% of the world’s plant and animal species. But today, 40% of Colombia’s land has been licensed to, or is being solicited by, multinational companies in order to develop mineral and crude oil mining projects. This fact reflects the Colombian Cgovernment’s intention to turn the country into a mining powerhouse, and entails significant consequences for the country’s ecosystem and rural communities. With the objective of stimulating development in the mining sector, the government has promoted normative changes that have cleared the way for intensifying mining activities. The government has declared mining an “activity for public utility and social interest,” for which the unilateral expropriation of private property is allowed. The government also declared protests against the mining industry illegal, and has conceded mining licenses in protected areas such as moorlands, indigenous reserves, and collective territories belonging to Afro-descendent communities. Through its presence on the ground and its accompaniment of human rights defenders, human rights organisations, and displaced and returning communities, Peace Brigades International has been able to observe that communities of small-scale farmers, indigenous peoples, and Afro-Colombians most directly suffer the environmental, cultural and socio-economic damages caused by these megaprojects. In fact, 80% of the human rights violations that have occurred in Colombia in the last ten years were committed in mining and energy-producing regions, and 87% of Colombia’s displaced population originate from these places. Despite the fact that Colombia’s Constitution recognises more rights of ethnic minorities than most—more than 102 indigenous peoples and four million persons of African descent live in the country—and provides protections for their cultures and environment, mining companies and illegal armed actors have still violated their rights. This can be seen in the cases featured in this bulletin about the indigenous communities of the U’wa, Barí and Wayúu, and numerous afro-descendent communities. Moreover, many rural communities sustain themselves economically through small- scale mining. Now they are caught in legal limbo, as their work is no longer considered legal. As a result of this situation, many communities have decided to organise themselves, resist, and struggle for their rights by using the legal and collaborative resources at their disposal. Some examples of these efforts are the Peasant Farmer Reserve Zone of the Cimitarra River Valley, and processes of prior, free, and informed consultation with local communities to decide the future use of certain lands. At a moment when Colombia is attempting to implement the Victims Law and carry out land restitution, PBI would like to highlight one of the principal causes of land evictions: competition over the use of the soil and subsoil for implementing economic projects. Given this situation, there is much that the international community can do to support these community initiatives.

PBI Colombia

3 The mining and energy “boom” Photo: Jonas Wresch Wresch Photo: Jonas

Open pit gold mining outside of Segovia (Antioquia). In recent years, companies from countries like Canada, England and South Africa have intensified gold mining in Colombia, greatly increasing large-scale mining in the country.

magine a country rich in bio- hectares are licensed for crude oil awarding mining rights, but beginning diversity—a country in which exploration.2 Moreover, according to this year the number of requests 11% of territory is protected by the Ministry of Agriculture and Rural and concessions began to increase. natural parks that are home to Development more than 5.8 million Between 1990 and 2001 in Colombia, speciesI little known in other parts of hectares of land were licensed for 1,889 mining licenses were awarded the world. A country with lush flora mining non-renewable resources in (157 per year),6 but by 2010 there were and one of the largest water reserves 2010.3 As cited in the articles, “Land, already 8,928 concessions (4,839,149 in the world. A country with every water and nature: Symbols of the hectares)7 and 20,000 applications possible climate and landscape, from State,” and “National legislation: pending.8 In Latin American mining Andean mountains to eastern plains how will Colombia become a mining powers like Chile and Peru that have to Amazon forest; from the desert power?” in this bulletin, some lived with large-scale mining practices of La Guajira on the shores of the approved requests were granted in for years, conceded territory topped Caribbean coast to the choppy waves protected areas such as moorlands, 13 million9 and 27.1 million hectares10 of the Pacific coast. But imagine that national parks, indigenous territories respectively. in the last 10 years concessions for and collectively-held lands pertaining The mining “boom” currently more than 40% of this land have been to afro-descendent communities, underway was made public with awarded or solicited by mining and among others.4 Currently, the President Juan Manuel Santos’ crude oil companies.1 National Mining Registry reports that announcement that mining would This country is not imaginary: 1,717 companies have active licenses become one of the “economic of the 114 million hectares of for mining exploration and extraction, engines” (literally “locomotives”) of Colombia’s extensive and prosperous in addition to 7,200 licenses held by Colombia’s development, bringing territory, more than 8.4 million have individuals.5 “prosperity to all, more jobs, less been licensed for mineral deposit Until 2002, state policies were poverty and more security.”11 exploration and more than 37 million relatively conservative in terms of The government insisted on the

4 need to increase large scale and reached historic highs: the price of one one takes into account projected open pit mining for the country’s tonne of coal increased from US$90 increases, this resource will disappear development, as previously put forth in 2004 to nearly US$160 in 2011,15 far earlier: in 2005 coal production was in the “National Plan for Mining and an ounce of gold also increased 40 million tonnes,20 it is currently at 72 Development and Environmental in value from US$700 in 2008 to its million, and is estimated to increase Policy Vision Colombia 2019,” in which current price of US$1,800.16 to 145 million tonnes by 2019.21 the previous government decided The policy of democratic security Before Colombian gold was the to convert Colombia into “a mining promoted by the previous government objective of the conquistadors, this country.”12 Following this decision, has also been key. Until 2005 few mineral was already a means of the government created what were companies attempted to invest in subsistence for a large part of the known as “mining districts” and Colombia given security concerns population. Even today the majority of categorised them by their level of caused by the country’s internal gold produced in the country comes mineral concentration, their volume conflict. But the military victories of from small-scale mining operations. of production, and the tradition Colombia’s armed forces against the In recent years companies from of mining in the area. In October guerrilla since 2005 have created a countries like Canada, England, and 2010, there were 42 mining districts sense of security that has propelled South Africa have intensified their comprised of 328 municipalities13 in foreign investment. efforts to carry out gold mining which resource extraction became a projects in Colombia, significantly priority, to the disadvantage of small- The current situation increasing large-scale mining. Small- scale miners attempting to compete The three products upon which scale miners, on the other hand, find with large multinational corporations Colombia’s mining and energy themselves increasingly marginalised (see “Before this Country was a development rest are gold, oil, and and in some cases persecuted for Republic, there was already mining in coal, although there is also mining of their traditional labour (for more Colombia,” in this bulletin). emeralds, silver, platinum, nickel and information, see “Before this Country was a Republic, there was already Colombia: the new copper. Today, Colombia is the largest mining in Colombia”). In actuality gold promised land for producer of coal in Latin America,17 production has reached production extractive industries and the tenth largest in the world.18 levels of 40 tonnes annually, and according to the Vision Plan Colombia As world demand grows for oil This territory is home to the largest 2019, it is hoped that that will increase and other minerals, Colombia has coal reserves in all of Latin America to 80 tonnes annually this year.22 been loosening legislative regulations (calculations of potential coal deposits Oil is another energy source to allow for the mining of these are estimated at 16.992 billion tonnes found in the country; it is currently, resources14 (see the article “National of which 7.063 billion are measured and has been for quite some time, Legislation: how will Colombia be reserves). At the current rate of the product most exported by made a mining power?”). In recent extraction, coal mining in Colombia Colombia,23 and the government years the prices of coal and gold have would be able to continue for another 100-120 years.19 However, when hopes to increase the current rate of production of 990,600 barrels a Today, Colombia is the largest producer of coal in day to 1.4 million by 2014.24 This may Latin America, and the tenth largest in the world appear to be a relatively small amount compared to production levels of big oil-producing countries like Saudi Arabia (10,121 million barrels per day) or Iran (4.25 million barrels per day),25 but it is comprable to production levels of other members of OPEC like Venezuela (2.78 million barrels per day),26 and in fact surpasses Egypt (700,000 barrels per day).27 Violence and human

Map: Reclame Colombia Map: Reclame rights Multinational companies are not the only ones interested in this attractive business: illegal armed actors have also discovered that mining can be a source for supplementing their income. Looking at a map of Colombia, one can easily see that the location of these groups coincides with areas of mining operations.28 This does not mean that these groups have deprioritised trafficking in illicit crops; in fact, natural resource mining

5 Photo: Jonas Wresch Wresch Photo: Jonas

Miners in Segovia (Antioquia) preparing to work. Rates of human rights violations in mining zones are alarming.

is often used to launder money earned Colombia’s National University titled are continuously violated: at least 20 from exporting drugs.29 “Mining, territory and conflict in Latin trade unionists from the mining and The rates of human rights America,” a presenter argued that energy sector suffered attacks or violations in mining zones are “multinationals tend to appear in attempted assassinations in 201039 alarming. The latest report published places that have previously suffered and 78% of the crimes against trade by the United Nations Development paramilitary attacks” and that these unionists were committed in mining Programme (UNDP) calls attention palces have seen their population and energy areas.40 to this trend and indicates that disappeared, assassinated, or competition for soil and subsoil displaced.34 According to the The Environment rights could become a latent form of National Mining Company Minercol The environmental degradation pressuring land evictions.30 Workers Union (Sintraminercol), caused by mining in the fourth-most Generally in these zones, violence 87% of all displaced persons biologically diverse country in the and the armed conflict seriously affect originate from mining and energy- world is already evident.41 Highly toxic the civilian population, creating forced producing municipalities (35% of products, like cyanide, are used to displacements and destabilising total municipalities), and 80% of the mine minerals such as gold. These community life.31 A variety of social human rights violations and violations chemicals contaminate the land and organisations have reported that of International Humanitarian Law water sources in the region, to the some multinationals have financed that have occurred in Colombia in the detriment of resident communities. paramilitary groups in order to last 10 years were committed in these An example of this is the Angostura protect themselves or to displace places.35 This was exemplified by project, which planned to use 40 communities from lands that they recent massacres committed in South tonnes of cyanide per day during the wish to extract resources from.32 The Bolívar,36 allegedly related to disputes 15 years for which the permit was latest report from the Consultancy between illegal armed groups over to be valid42 (the company ultimately on Human Rights and Displacement control of natural resources37, or the withdrew its request for a permit43). (CODHES) finds there to be a large 35 people working in mining from In addition, large-scale mining military and paramilitary presence the municipality of Zaragoza who projects often require changing in mining zones: “The armed forces fled after receiving threats from the course of rivers, and often the protect private investment and paramilitary groups.38 dynamite explosions create such paramilitaries supress social protest The situation of trade union rights heavy noise pollution that animals and create displacement.”33 for mine workers is equally bleak. Far as well as humans are pushed out During a seminar held at from being respected, these rights of their habitat, compelling them to

6 change their feeding and reproductive conflicts.44 Colombia is the number 6. UN News Agency, “Mining fair threatens Colombia’s ecosystems,” 23 June 2011. http://www.agenciadenoticias.unal.edu.co/nc/detalle/article/ behaviours. Additionally, it is often one producer of emeralds in the feria-de-la-mineria-amenaza-ecosistemas-colombianos-1.html. 7. Fidel Mingorance, “Diagnostic study of mining in indigenous territories necessary to build new infrastructure, world, the number one producer of in Colombia,” Human Rights Everywhere, June 2011, http://www.hrev.org/ leading to widespread deforestation. nickel and coal in South America and wp-content/uploads/2011/06/Diagnóstico-minero_TP2.pdf. 8. United Nations Development Programme, “National Human Development the tenth largest producer of gold in Report 2011: rural Colombia, reasons for hope,” September 2011. Who benefits? 9. Sylvia Ubal, “Amazonas, el pulmón del planeta ha sido deforestado en the world. And yet, the populations 680 mil km2: Día internacional del ambiente entre la contaminación y la living where these resources are destrucción del ecosistema mundial,” Alterinfos América Latina, 1 June 2010, Taking into account forecasts http://alterinfos.org/spip.php?article4460. for increased production in oil, gold, extracted have the highest rates in 10. Juan Garcia Heredia, “Durante 2011 se han expedido 463 concesiones 45 mineras,” El Sol de México, 20 September 2011, http://www.oem.com.mx/ coal and other natural resources, the nation of unmet basic needs. elsoldemexico/notas/n2234745.htm. With few expected social benefits, 11. González Posso, Op. cit. Colombia’s mining boom is a 12. Peasant Farmer Association of the Cimitarra River Valley, “Informe sobre reality that entails important continuing violence, and the damage la situación minera y de derechos humanos en el nordeste antioqueño,” 15 October 2010, http://prensarural.org/spip/spip.php?article4735. economic, social and environmental to the environment that large-scale 13. Fidel Mingorance, “Distritos mineros y Territorios Indígenas,” 24 October mining will likely entail for the majority 2010. http://geographiando.hrev.org/2010/10/24/distritos-mineros-y- consequences. Some analysts point territorios-indigenas. out that the “boom” in Colombia will of Colombia’s population, it appears 14. González Posso, Op. cit. 15. Ronderos, Op. cit. bring development, employment, that the trains of Colombia’s mining 16. “The price of gold is steady at $1,800 per ounce,” Gold and Finances, locomotive may not have room for all 13 September 2011. infrastructures, etc. However, it 17. Ronderos, Op. cit. appears that not all that glitters is Colombians. 18. Mingorance, Op. cit. 19. Ibid. gold. 20. González Posso, Op. cit. 21. Portafolio.co, “Se duplicará producción minera al 2019, según el Despite the billions of pesos that ministerio de Minas y Energía,” 13 August 2010, http://www.portafolio.co/ the mining and energy sector will archivo/documento/CMS-7861758. 22. Ibid. generate, this does not necessarily 23. Mingorance, Op. cit. 24. Portafolio.co, Op. cit. translate into social development for 25. Economias.com, “Los 5 mayores productores de petróleo,” 25 March the country. The experience of the 2011, http://www.economias.com/2011-03-25/6351/los-5-mayores- productores-de-petroleo/. last decade is illustrative: regardless 26. Américaeconomia.com, “Venezuela espera subir producción de petróleo a 5M de barriles diarios en 2014,” 27 March 2011, http://www. of huge incomes obtained from oil americaeconomia.com/negocios-industrias/venezuela-espera-subir- deposits, the Colombian people produccion-de-petroleo-en-45m-de-barriles-por-dia-al-2014. 1. CENSAT Agua Viva, Water or Mining: a National Debate, Bogotá, 27. Luis Flores, “La importancia de Egipto,” The Economist Mexico, 1 Februray have seen few results. Public April 2011. 2011, http://eleconomista.com.mx/mercados-estadisticas/2011/02/01/ 2. Camilo González Posso, “Mining Income and the Development Plan 2010- importancia-egipto. investment in health, education, basic 2014,” Institute for Peace and Development Studies, February 2011, http:// 28. Juan Camilo Martin Clavíjo, “Mal de muchos: crecimiento económico en sanitation, potable water, energy and www.indepaz.org.co/index.php?view=article&id=580%3Ala-renta-minera-y- medio de la guerra,” La Silla Vacía, 15 June 2011, http://www.lasillavacia. el-plan-de-desarrollo-2010-2014&option=com_content&Itemid=103. com/historia-invitado/24523/juan-clamar/mal-de-muchos-crecimiento- infrastructure have been impeded by 3. Juan Camilo Restrepo, “A comprehensive land policy for Colombia,” economico-en-medio-de-la-guerra. Plenary Presentation before the House of Representatives, (Bogotá, 29. Ronderos, Op. cit. institutional weakness, corruption, Colombia), August 2010. 30. United Nations Development Programme, Op. cit. environmental damage, organised 4. CENSAT Agua Viva, Op. cit. 31. Guadalupe Rodríguez, “Rebelión contra la minería de oro en Colombia,” 5. María Teresa Ronderos, “Fiebre minera se apoderó de Colombia,” Otramerica, 10 July 2011, http://otramerica.com/temas/rebelion-contra-la- crime and the exacerbation of social Semana, 6 September 2011. http://www.semana.com/nacion/fiebre-minera- mineria-del-oro-en-colombia/410. apodero-colombia/163716-3.aspx. 32. “Ochenta empresas financiaban a paramilitares del Bloque Norte: Así lo denunció el ex militante, alias ‘don Antonio’,” El Espectador, 3 February 2010, http://www.elespectador.com/noticias/judicial/articulo185699-ochenta- Highly toxic products, like cyanide, are used to empresas-financiaban-paramilitares-del-bloque-norte. 33. Consultancy on Human Rights and Displacement (CODHES), mine minerals such as gold. These chemicals “¿Consolidación de qué?,” Information Bulletin nº 77, February 2011, http:// www.codhes.org/index.php?option=com_content&task=view&id=1002. 34. Julio Fierro, “La política minera en Colombia,” International Seminar on contaminate the land and water sources in the mining, territory and conflict in Latin America, (National University, Bogotá, Colombia), 6 October 2011. region, to the detriment of resident communities 35. SINTRAMINERCOL, “La violación de los derechos humanos en el país está estrechamente ligada con el modelo económico existente en Colombia,” www.acantioquia.org/...foro/EXPOSIC_SINTRAMINERCOL.doc. 36. Notiagen, Colombia, “Dos masacres en el sur de Bolívar, días después de terminar la Segunda Caravana Internacional por la Vida y Contra el Despojo,” 20 August 2011, http://notiagen.wordpress.com/2011/08/20/colombia- dos-masacres-en-el-sur-de-bolivar-dias-despues-de-terminar-la-segunda- caravana-internacional-por-la-vida-y-contra-el-despojo/. 37. United Nations Office for the Coordination of Humanitarian Affairs in Colombia, “Población civil en alto riesgo en el sur de Bolívar, Putumayo y Guaviare: Masacres en el sur de Bolívar,” Humanitarian Bulletin, 1 - 21 Agust 2011, http://reliefweb.int/sites/reliefweb.int/files/resources/informe_ Photo: PBI completo_20.pdf. 38. Consultancy on Human Rights and Displacement, Op. cit. 39. International Confederation of Trade Unions, “Informe anual sobre las violaciones de los derechos sindicales Colombia–2011,” 2011. 40. Francisco Ramírez, “Gran minería y derechos humanos en Colombia,” International Seminar on mining, territory and conflict in Latin America, (National University, Bogotá, Colombia), 6 October 2011. 41. Alexander von Humboldt Institute of Biological Resource Investigation, “Biodiversidad en Colombia,” http://www.humboldt.org.co/chmcolombia/ biodiversidad.htm. 42. Rafael Prada Ardila, “Defendamos nuestra agua de la gran minería International Seminar on mining, territory and conflict in Latin America, (National University, Bogotá, Colombia), 6 October 2011. 43. The company withdrew its application for environmental license due to opposition from different social organisations and the people affected by the project. Tatiana Roa Avendaño, “El proyecto Angostura, sin licencia social,” CENSAT Agua viva, 20 April 2011, http://censat.org/articulos/10030- noticia/10207-el-proyecto-angostura-sin-licencia-social. 44. RONDEROS, Op. cit. 45. CENSAT Agua Viva, Op. Cit.

Some mining concessions have been granted in protected areas like moorlands, one of the most fragile ecosystems in the world.

7 Mining legislation: Advancements and setbacks Photo: Jonas Wresch Wresch Photo: Jonas

Miner with a sack holding gold rocks mined from the mountain. Each sack can weigh up to 90 kilograms.

espite the country’s Reforms to mining legislation the complete extraction of existing extensive natural riches, in Latin America began in the early natural riches in the county in order the arrival of the extractive 1970s. These efforts were led by to achieve economic and social mining boom in Colombia Peru and followed other laws in development4 (See “The Mining isD relatively recent (See “The the sector that were pioneered by and Energy ‘Boom’” in this bulletin). Mining and Energy ‘Boom’” in this Chile. In the 1990s, Mexico also Despite being a recently-announced bulletin). These new developments began implementing reforms, as plan, the groundwork has been in have been brought about in part by did Bolivia, Ecuador, Guatemala and process for several years. legislative reforms advantageous Cuba. Colombia was late in beginning for the industry that have helped legislative reform, but experts point The Mining Code position the country as a “region of out that Colombia, motivated by In 2001, Colombia approved Law interest” for multinationals seeking the need to compete and make 685, commonly known as the Mining investment opportunities.1 However, the country attractive to investors Code. While it was being drafted, the the institutions responsible for approved some of the most flexible State was directly advised by a law safeguarding human rights and mining policies on the continent.3 firm that, at the time, represented half the consistent development of the The “National Plan for Mining of the mining companies found in the sector have not been adequately Development and Environmental national mining registry,5 as well as strengthened, the effects of which Policy Vision Colombia 2019”, by Canadian mining companies with became clear with the discovery developed by the administration significant interests in the land,6 the corruption scandals involving the of former president Álvaro Uribe, results of which can be demonstrated entities charged with overseeing is intended to turn Colombia into a by the fact that 43.41% of mining mining development in the country.2 “mining country.” This will involve companies in Colombia now are

8 Canadian.7 Having declared mining Tax Benefits been granted in areas like national an “activity for public utility and parks and moorlands, and there has A number of laws favourable social interest” and thus permitting been widespread speculation, titles to foreign investors have been the unilateral expropriation of land issued without oversight and in some promoted in Colombia under the suspected of containing minerals cases rather suspiciously, violations guise of increasing Colombia’s irrespective of who occupied that of the rights of indigenous and afro- competitiveness over other countries land, the policy cleared the way for descendent mining communities, and in Latin America12: royalty levels were intensifying exploration and mining license hoarding.”16 set lower than in the 1990s and taxes activities.8 In 2010, the Government were reduced to levels that effectively Additionally, based on the approved Law 1382 (with funding cancelled out the amount of royalties recommendation of the World Bank, from the Canadian International awarded to the country13, among the Mining Code eliminated the Development Agency17) that reformed other measures. As various experts State’s role in direct investment,9 thus the Mining Code passed in 2001. agree, tax exemptions are so high and eliminating the State’s participation in This policy increased the amount the environmental and social damage mining operations and leaving it to of areas protected from mine so great, that in reality Colombia only regulate the industry and provide concessions, including moorland and pays multinationals to extract their oversight. This ended the possibility wetland ecosystems recognised by resources. According to Mario of State earnings from net returns the Ramsar18 system. On the other Valencia of the Colombian mining on natural resource mining, thereby hand, reforms to the Mining Code advocacy organization RECLAME, almost entirely limited economic designated a period of five years the benefits that are returned to the benefits to surface rights fees and for the government remove from Colombian State for mining operations royalties that companies pay during the Forest Reserves land needed to are negative: “The ‘government exploration and mining phases. develop the mining industry,19 as laid take’14 in Colombia is 22% but if we The issue of environmental out in the National Development Plan figure in tax exemptions, that number licenses has been another point of 2010-2014.20 drops to 10%, and if we subtract contention. Until 2001, licenses were In the eight months between environmental and social liabilities the required for all phases of mining the approval and ratification of the result is negative, which is another activity, but the new code only Law21 the area licensed for mining way of saying that we are paying requires environmental authorisation increased by approximately 80%.22 In money to them so they come to mine to carry out “operating activities.”10 2010 the Ministry of Housing and the coal, oil, gold, etc.”15 This prevents the possibility of Environment reported that exploration rejecting a mining project before the Protected Areas permits were approved for 130,000 exploration phase because of possible hectares of moorlands situated environmental damage it could cause. In terms of land use, the Mining outside of natural parks. Additionally, This violates the Río Declaration on Code established areas protected the Ministry reported applications the Environment and Development, from exploration and mining for another 553,298 hectares;23 just to which Colombia is a signatory, operations, like national and regional between 2006 and 2009 licensing in which states in its Principle 15 that Natural Parks. But these safeguards this ecosystem increased by 74%- “in order to protect the environment, are not respected. According to -this in an area that only makes up the precautionary approach shall be public statements by Carlos Rodado, 1.7% of the country’s territory.24 In the widely applied by States.”11 ex Minister of Mining and Energy, past year licenses in Forest Reserve since the Mining Code was approved Areas topped 1.3 million hectares,25 in 2001, “mining concession have with applications for another 264,140 hectares.26 Moreover, there were at least 37 cases of mining titles that overlapped with Natural Parks areas.27 Ultimately, the Constitutional Court abolished the reform because no prior consultation was done with the indigenous or afro-descendent communities that would be affected by the reforms, as stipulated by Colombian law (see “Land, water Map: Reclame Colombia Map: Reclame and nature: State symbols” in this bulletin). However, given that some provisions of the reform were deemed important, particular to environmental protection issues, the effect of the sentence was deferred for two years so that Congress may carry out the consultation and present the law

National parks of Colombia.

9 again.28 As such, mining operations of large companies have been limited control over the land, its surface, and could continue under the conditions and have also resulted in benefits what lies hidden beneath. stipulated by the Code Reform for some communities affected by until 2012, when it will be declared megaprojects. unconstitutional.29 The 22nd Session of the United Nations, held in August 2003, approved The role of companies the “Norms on the responsibilities of There are no wide-reaching transnational corporations and other regulations at the international level to business enterprises with regard regulate the actions of multinationals to human rights,”35 which states involved in large-scale mining beyond that, “transnational corporations voluntary, non-binding accords. and other business enterprises Starting in the 1980s, people shall not engage in nor benefit began to question the supposition from war crimes, crimes against 1. Ministry of Mining and Energy, “Sector colombiano de la minería: that companies merely had an humanity, genocide, torture, forced realidad y perspectivas para su desarrollo,” Bogotá, May 2002. disappearance, forced or compulsory 2. “La olla podrida de Ingeominas,” Semana, 4 June 2011, http://www. economic responsibility. It was semana.com/nacion/olla-podrida-ingeominas/157933-3.aspx. pointed out that their projects have labour, hostage-taking, extrajudicial, 3. Camilo González Posso, “La renta minera y el Plan de Desarrollo 2010- 2014,” Institute for the Study of Development and Peace, February 2011, a great overall impact that affects summary or arbitrary executions, http://www.indepaz.org.co/index.php?view=article&id=580%3Ala-renta- other violations of humanitarian law minera-y-el-plan-de-desarrollo-2010-2014&option=com_content&Itemid=103 both nature as well as the people 4. Peasant Farmer Association of the Cimitarra River Valley, “Informe sobre directly or indirectly involved with and other international crimes against la situación minera y de derechos humanos en el nordeste antioqueño,” 15 October 2010, http://prensarural.org/spip/spip.php?article4735. extractive activities, and as a result the human person as defined by 5. CENSAT Agua Viva, “Conflicto socio-ambientales por la extracción international law, in particular human minera en Colombia,” Casos de la inversión Británica, ISBN 978-958-97996- that companies have significant social 7-3, Bogotá, January 2010. 36 and environmental responsibilities. rights and humanitarian law.” 6. CENSAT Agua Viva, “Agua o minería un debate nacional,”Bogotá, April 2011. These ideas were the precursors Under this rubric, multiple 7. Ministry of Mining and Energy, “Colombia Minera: Desarrollo accusations have been made against Responsable.” to the concept of Corporate Social 8. Colombian Congress, Law 685 of 15 August 2011, which addressed the Responsibility (CSR): “the process different multinationals for alleged ties Mining Code and other provisions, Bogotá: Congress, 2011. 9. Mario Alejandro Valencia, “Colombia paraíso de las trasnacionales where companies voluntarily include with paramilitary groups that displaced mineras,” Le Monde Diplomatique, Bogotá, November 2010, p.4-5. or massacred the population in areas 10. CENSAT Agua Viva, Op. cit. social and environmental concerns 11. United Nations, Rio Declaration on the Environment and Development, in their commercial operations and of interest for mining and energy Río de Janeiro, June 1992 12. González Posso, Op. cit. 30 37 relationships with partners.” production are made known. The 13. CENSAT Agua Viva, Op. cit. Institute for Peace and Development 14. “Government Take” is an economic indicator that shows the relationship Since then, several international of perceived benefits between the State and the oil company, after a certain declarations have emerged that Studies (Indepaz) reports that there period of time. 15. Interview with Mario Alejandro Valencia, Member of the Colombian seek to develop the concept and were about 14 documented cases Action Network on Free Trade (RECALCA) and the Colombian Network on between 2008 and 2009 in which Transnational Mining (RECLAME), Bogotá, 27 September 2011. also utilise existing declarations to 16. María Teresa Ronderos, “La fiebre minera se apoderó de Colombia,” round it out. The Global Compact,31 a multinational companies were Semana Magazine, 6 September 2011, http://www.semana.com/nacion/ fiebre-minera-apodero-colombia/163716-3.aspx. document proposed in 1999 by Kofi implicated in serious human rights 17. Valencia, Op. cit. violations in Colombia, in some cases 18. This is an ecosystem approved in the Ramsar Convention, which defines Annan, ex General Secretary of the and classifies kinds of existing wetlands in the world. United Nations, is a reference point. It engaging in behaviour similar to the 19. “Los efectos de la caída del Código Minero,” Semana, 12 May 2011, http://www.semana.com/nacion/efectos-caida-del-codigo- is a voluntary non-binding regulating relationships with paramilitary groups minero/156604-3.aspx. carried out by Chiquita Brands.38 20. González Posso, Op. cit. instrument that does not impose rules 21. Reforms to the Code were approved by Congress on 18 June 2009 and nor evaluate the actions of companies, There are many voices that have signed by President Uribe on 9 February 2010. 22. Guillermo Rudas Lleras, “Minería, medio ambiente y cambio climático: but does make recommendations denounced how companies and their una señal de alarma,” Indepaz, 16 January 2011. http://www.indepaz.org. countries of origin have intervened co/index.php?option=com_content&view=article&id=537:mineria-medio- based on the Universal Declaration ambiente-y-cambio-climatico-una-senal-de-alarma&catid=73:mineria- of Human Rights, the Declaration of directly or indirectly in the decisions petroleo-y-recursos-naturales&Itemid=103. 23. González Posso, Op. cit. Principles of the International Labour of the Colombian government and 24. Rudas Lleras, Op. cit. in State policies, using economic 25. UN News Agency, “Feria de la minería amenaza ecosistemas Organisation, the Rio Declaration colombianos,” 23 June 2011, http://www.agenciadenoticias.unal.edu.co/ on Environment and Development, coercion, political clientelism, military nc/detalle/article/feria-de-la-mineria-amenaza-ecosistemas-colombianos-1. html. and the United Nations Convention and police repression, torture, murder 26. González Posso, Op. cit. and displacement in order to increase 27. Ronderos, Op. cit. against Corruption of 2004. Despite 28. Semana Magazine, Op. cit. 39 the fact that many companies signed their sources of wealth. And although 29. “Corte tumba reforma a Código de Minas,” El Espectador, 11 May 2011, http://www.elespectador.com/noticias/judicial/articulo-269205-corte- on to the pact, they do not always there are accords and compacts, tumba-reforma-codigo-de-minas. 32 there is neither binding policy nor a 30. Natalia Duarte Cácares, “La responsabilidad social empresarial ¿realidad comply with its recommendations. o utopía?” in Camilo González Posso, “Megaminería y reasentamientos In their reports, many companies governing body to receive complaints forzados,” Bogotá, Institute for Peace and Development Studies, 2011. 31. United Nations, “Global Compact,” http://www.unglobalcompact.org. insist that they are making efforts and reprimand those responsible, all 32. CENSAT Agua Viva, Op. cit. 33 of which ensures that these human 33. Duarte, Op.cit. to follow the objective of CSR, 34. CENSAT Agua Viva, Op. cit. but according to the environmental rights violations remain in impunity. 35. United Nations, “Norms on the responsibilities of transnational corporations and other business enterprises with regard to human rights,” organisation CENSAT Agua Viva, the Colombian policy was loosened to 26 August 2003, http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/E. facilitate the arrival of multinationals, CN.4.Sub.2.2003.12.Rev.2.En. rates of human rights violations in 36. Ibid. mining and energy-producing zones but at the cost of other regulations to 37. “Ochenta empresas financiaban a paramilitares del Bloque Norte: Así lo denunció el ex militante, alias ‘don Antonio’,” El Espectador, 3 February 2010, in Colombia continues to be the same protect the local population and the http://www.elespectador.com/noticias/judicial/articulo185699-ochenta- non-renewable riches of the country, empresas-financiaban-paramilitares-del-bloque-norte. as before the Compact was signed. 38. Konrad Adenauer Stiftung, “La Responsabilidad Empresarial y los The state of the environment is even meaning that local communities Derechos Humanos,” October 2009; More information in: “Chiquita Brands International y los paramilitares en Colombia,” Noti Mundo, 28 July 2008, 34 worse. However, it is clearly thanks continue to be victimised by a conflict http://midar.wordpress.com/2008/07/28/chiquita-brands-international-y-los- whose objective continues to be paramilitares-en-colombia/. to these principles that many activities 39. CENSAT Agua Viva, Op. cit.

10 Muzo (Boyacá) is home to the largest emerald mine in Colombia. Mining companies throw out rubble from the extraction process and, once a week, allow women in the town to sort through the rubble in the hopes of finding small emeralds. With luck, the women can earn between 15,000 and 20,000 Colombian pesos (US$7-10) in

Photo: Nelson Restrepo, www.nelsonrestrepo.com Photo: Nelson Restrepo, a day. Photo: Jonas Wresch Photo: Jonas

There are at least 6,000 mines in Colombia that are considered small- scale, from which five million people (miners and their families) live. These mines do not generate large incomes, and are a means of subsistence increasingly threatened by large-scale mining. Photo: Jonas Wresch Photo: Jonas

According to the photographer, this gold is worth about 70 million Colombian pesos (US$35,000). The photo was taken at a sales stand in Segovia (Antioquia). In recent years gold prices have reached historic levels; one ounce of gold increased in value from US$700 in 2008 to its current price of US$1,800.

11 International legislation pesar de sus grandes por una firma de abogados que en Bajo la excusa de aumentar “Protect,riquezas Respect and naturales Remedy: es a Frameworkese momento for representaban“Universal a D laeclaration la competitividad on Human R deights” Colombia (1948) 5 en Businessrelativamente and Human recienteRights,” laJohn mitad Ruggie, de UN las compañíasand the inscritas “International comparación Covenant con on otros Economic, países de Specialllegada Rapporteur del boom of the minero Secretary- en elG eneral registro minero nacionalS ocial y por andLatinoamérica Cultural Rights” se han (1966) promovido6: reglas Aextractivo a Colombia (ver artículo «El empresas mineras canadienses con favorables para los inversionistas on the issue of human rights and transnational «boom» minero-energético» en este grandes intereses en el territorio extranjeros : se establecieron regalías 1 Although these do not specifically touch on the topic boletín).corporations Esta and nueva other situación business vino enterprises como demuestra (2008) : el hecho de que más bajas que en la década de los 90; of mining, they establish several rights that could be de la mano de reformas legislativas actualmente el 43,41% de las y los impuestos fueron disminuidos potentially compromised by mining projects, particularly Laysventajosas out a framework que ayudaron for defining a poner responsibilities empresas and mineras best en Colombia sean llegando incluso a superar el monto the right to self determination in terms of economic, practicesal país en of el States mapa and de companies. «territorios It de attributes esta procedencia human . Esta norma de las regalías que se quedan en social, and cultural development (article 1 of the Covenant) rightsinteresantes» violations para carried la out entrada for economic de abrió reasons el camino to the para la intensificación el país , entre otras medidas. Tal y and the right to life (article 3 of the Declaration). lackmultinacionales of state regulation . Sin as a embargo,result of globalisation.de las actividades This is de exploración y como afirman diferentes expertos, nobased se on reforzaron three fundamental las instituciones principles: explotaciónthe obligation minera of ya que declaró las exenciones son tan altas y los encargadasthe State to de offer velar protection por la salvaguarda in the face la of minería human comorights una «actividadConvention de 169daños of the ambientales International y sociales Labour de tal deabuses los committed derechos by humanos third parties, y elincluding utilidad companies; pública y de interés social» Olorganisation magnitud, ( ILO que) (1989): en realidad Colombia coherentethe obligation desarrollo of companies del to sectorrespect humanque permite rights; la and expropiación unilateral paga a las multinacionales para comothe need lo demuestranto improve access los escándalos for victims tode effective bienes enmeans los que The se sospeche cornerstone que ofque Convention extraigan 169, sus onrecursos. which Según all its deof reparation. corrupción en los que están hay minerales independientementeprovisions are based, Mario is theValencia, spirit los of beneficios consultation que and le vinculados los entes encargados de de quién ocupe esosparticipation. lugares . The Conventionquedan alcalls estado for consultation colombiano with por all la velar“ porGuiding el desarrollo Principles minero on del Business país . andPor Human otro lado, porindigenous recomendación peoples explotaciónand tribes on mineraissues that son affect negativos: them. Rights,”Las reformas John R uggie, a las legislacionesUN Special Rapporteurdel Banco of the Mundial, It also el requires Código free, «El prior Goverment and informed Take en participation Colombia es by mineras S enecretary- LatinoaméricaGeneral (2011) Minero2: eliminó el papelthese del communities Estado del in development 22% pero si aprojects esto le and restamos policy comenzaron a principios de los años en la intervención directaprocesses . Es (See decir, thelas article exenciones “Land, tributarias water, and se nature: queda setenta, lideradas por Perú y en línea suprimió la posibilidadsymbols que of existíathe State”). en el 10% y si le quitamos el pasivo conFormulates las leyes recommendations chilenas pioneras toen States el hasta and ese companies momento de que el estado ambiental y social el resultado es sector.to guide En thelos años application noventa, and México implementation participara ofen thela explotación de estos menos algo, es decir, les estamos Framework to “Protect, Respect and Remedy.” Its “Guiding Principles on Forced Internal se unió a los países en sus reformas y recursos, dejándole tan sóloD unisplacement,” papel pagando United plata N ationspara que (1998) se vengan7: a tambiénfundamental Bolivia, contribution Ecuador, Guatemalais to identify de the regulador implications y fiscalizador. Así, se extraer el carbón, el petróleo, el oro, yof Cuba. norms Colombia and current llegó methods tarde a employed esta eliminó by States la posibilidad and de obtener los etc» . renovacióncompanies andlegislativa to integrate pero diferentesthem into a unique,ingresos coherent, netos de States la extracción that, “the de prohibition of arbitrary displacement expertosand inclusive apuntan model, que, in addition motivada to por pointing recursos out the naturales weak includes y sus beneficios displacement inZ caseson asof large-scale prote developmentgidas points of the current system and possible improvements. projects that are not justified by compelling and overriding la necesidad de competir y hacerse económicos se reducen casi En lo relativo al territorio, el código public interests,” and adds that, “prior to any decision atractiva a los inversores, aprobó totalmente a los ingresos obtenidos establecía ciertas zonas protegidas de requiring the displacement of persons, the authorities una “ deUN las D eclaration normativas on mineras the R ights más ofde Indigenous las regalías y el canon superficiario la exploración y explotación minera concerned shall ensure that all feasible alternatives are flexibles del continentePeoples,”. (2007)3: que las empresas deberían pagar como Parques Naturales Nacionales explored in order to avoid displacement altogether.” El «Plan Nacional de Desarrollo durante la fases de explotación y y Regionales. Pero estas salvedades MineroAffirms indigenous y Política peoples’ambiental rights Visión to land,exploración territory, respectivamente. and no se respetaron. Según denunció Colombiaresources that 2019», they have determinó traditionally hacer possessed Otro or de utilised los puntos que más“The críticas Rio D eclarationpúblicamente on E nvironment Carlos Rodado, and ex 8 de(articles Colombia 3, 20 and un 26); «país insists minero» on States’ lo generó responsibility fue el to relacionado con lasD evelopment”ministro de Minas(1992) y: Energía, desde queobtain supone the free, la prior, extracción and informed total deconsent licencias of indigenous ambientales. Hasta el 2001, que se aprobó el Código de Minas laspeoples riquezas before naturales approval existentes of any project en thatestas affects licencias them, fueron Provides un requisito that para“States en shall 2001, develop «hubo national superposición law regarding de elparticularly país para in así relation alcanzar to development,el desarrollo thetodas use las of etapasmineral, de laliability actividad and minera, compensation títulos for mineros the victims en áreas of pollution de parques and económicowater and other y social resources (ver artículo (articles «El 18, pero 19 and el 32); nuevo and códigoother señalóenvironmental que nacionalesdamage.” Additionally, y páramos, “environmental juegos «boom»insists on minero-energético» the responsibility of en States este toesta guarantee autorización and ambientalimpact assessment, sólo era especulativos, as a national expedición instrument, de shall títulos be boletín).recognise Estethe rights proyecto, laid out elaboradoin this declaration necesaria (article para 38); desarrollar undertaken «actividades for proposed sin control activities y that algunos are likely de to manera have enand ellikewise Gobierno guarantee de Uribe, a just tuvoand equitable su de explotación»reparation for, lo a quesignificant impide adverse que sospechosa, impact on the violación environment de los derechos and are confirmaciónindigenous peoples con in el the objetivo case that del their rightsantes deare la violated exploración subject se rechace to a decision una a of las a comunidadescompetent national mineras authority.” indígenas Gobierno(articles 8, actual, 20, 28 de and hacer 32). de Colombia Colombia formally actividad expressed minera its por los posibles daños y afro descendientes y acaparamiento unsupport país for minero. this declaration Sin embargo, in 2009. los4 ambientales que pueda generar. Lo de títulos» . cambios normativos para propiciarlo que no es acorde con la Declaración de En el 2010, el Gobierno aprobó, venían realizándose desde antes. Río sobre Medioambiente1. United yNations, Desarrollo “Protect, Respect andcon Remedy: la a Framework financiación for Business and deHuman Rights,” la Agencia Human Rights Council, A/HRC/8/5, 7 April 2008. que Colombia suscribió,2. United y Nations, que “Guiding en suPrinciples Canadienseon Business and Human Rights: para Implementing el the United Desarrollo Nations ‘Protect, Código de Minas Respect and Remedy’ Framework,” Human Rights Council, A/HRC/17/31, 21 March 2011. principio 15 señala 3. que United «conNations, “UN el Declaration fin onInternacional the Rights of Indigenous ,Peoples,” la resolution Ley approved 1382, by the General que En el 2001 Colombia aprobó la Ley de proteger el medioambiente,Assembly, 13 September 2007. los reformaba el Código Minero de 4. UNHCR, “UNHCR welcomes Colombia’s decision to support the UN Declaration on the Rights of Indigenous 685, más conocida como el Código de estados deberán aplicarPeoples,” ampliamente 24 April 2009. 2001. Esta norma aumentaba las 5. NACIONES UNIDAS. Declaración Universal de los Derechos Humanos. 10 de diciembre de 1948 Minas. Para su elaboración, el estado el criterio de la precaución»6. United Nations,. International Covenantzonas on Economic, Social protegidas and Cultural Rights, 16 deDecember 1966. titulación estuvo asesorado directamente 7. United Nations, Guiding Principles onminera, Forced Internal Displacement, entre ellos11 February ecosistemas 1998. de Beneficios tri8. Unitedbutarios Nations, Rio Declaration on Environment and Development, June 1992.

12 The legal framework for crude oil drilling Map: Reclame Colombia Map: Reclame

Map: Oil exploration and production zones. Photo: Environmentalists and inhabitants of San Andrés, Providencia and Santa Catalina islands were victorious in October 2011 when the Colombian Government decided not to allow oil exploration or drilling in the archipelago. The original proposal has been controversial, considering that the area was designated a UNESCO biosphere reserve and World Heritage site.

n 1953 the Oil Code was established to regulate In 2002 Law 756 modified the royalty structure. licenses, royalties, private property, transportation, Arguing that smaller fields were not sufficiently attractive refining, and other policies relevant to the subsec- and for that reason it was better to have lower royalties, tor.1 The Law is still valid but has undergone many the previous 20% royalty was eliminated in favour of a modificationsI over the years. variable royalty system between 8% and 25%, just as In 1974 the Law-Decree 2310 modified the first two many multinational companies had requested.3 articles of the code, replacing the system of licensing In 2003 Law-Decree 1760 converted ECOPETROL concessions in place at the time with one employing into a public company (essentially, a corporation) with partnership agreements. Essentially, this awarded shares managed by the Ministry of Mining and Energy. Colombia’s National Oil Company (ECOPETROL) exclusive Additionally, the National Oil Agency was created and power to explore and drill for crude oil directly or indirectly. given the task of administering crude oil reservoirs in the ECOPETROL began its explorations and found oil nation, relieving ECOPETROL of this function. reservoirs of commercial quantity. The costs of exploration In 2004 the New Oil Contract was instituted, and development were divided equally (between the which eliminated the requirement of partnering with respective company and ECOPETROL) and production ECOPETROL in order to explore and operate oil fields, was divided at 50% after deducting a 20% royalty fee. The meaning that companies would assume all the risks but foreign investor paid, in equal amounts, national and local also receive all the rights to the oil produced.4 taxes.2 In 2006 Law 1118 authorized ECOPETROL to issue In the 1980s Colombia became a net exporter of crude stock shares, thereby transforming it into a Corporation of oil and it was at this moment when substantial changes mixed economy and of a commercial nature. were made to the legal framework that regulated crude In 2009, Law 1274 certified the oil industry as a oil drilling. public utility at all stages of exploration, production, In 1987, 1989, 1994 and 1997 changes were introduced transportation, refining, and distribution, authorising the to make concessions more attractive to private investment: state to expropriate property for this purpose. ECOPETROL would now contribute to the initial costs of exploration and receive fewer benefits from the drilling. The current regulatory framework for the crude oil sector in Colombia is based on the Political Constitution of 1. Canada International Development Agency, “Marcos regulatorios y el rol de las empresas estatales de 1991, in which several articles assure equitable distribution hidrocarburos,” November 2007. of goods and services between the public and private 2. Ibid. 3. Colombian Congress, Law 756 of 25 July 2002, Bogotá, Congress, 2002. sectors. 4. Canada International Development Agency, Op. cit.

13 Land, water and nature: Symbols of the State Photo: Marcía Valverde Photo: Marcía

Women from the Kuna indigenous community (Chocó). There are currently 102 indigenous ethnicities in Colombia, of which only 87 are recognised by the State. Land, water, nature and official statistics, and about 13 million diversity in the Nation and the right good governance will according to social organisations.5 to prior consultation as stipulated be integral parts of the These ethnic groups generally reside by International Labour Organisation administration that we in the midst of the armed conflict, (ILO) Convention 169 on Indigenous “begin today.” These were the words on lands of great geostrategic and Tribal Peoples. According to the of President Juan Manuel Santos in importance, crucial to drug trafficking ILO, prior consultation is a process his inaugural speech in Bolívar Plaza routes or with large concentrations whereby governments seek peoples’ in Bogotá. That morning, on 7 August of natural resources. Displacements, opinions regarding different legislative 2010, the President visited a sacred forced disappearances, assassination, proposals or projects that could affect place in the Sierra Nevada de Santa threats, resource pillaging, and them, with the purpose of obtaining Marta, where Mamos1 presented him poverty have been slowly eroding their permission or arriving at some with a sceptre and necklace with four this population, making development kind of agreement.6 However, the stones: “one representing the land difficult and relegating them to result of the consultation is not we should care for, one for water forgotten positions in society. binding, and even if people reject the source of life, one for nature with the project, it can still continue if the which we should be in harmony and Prior consultation State wishes. the fourth for the government, that In 1970 indigenous and Afro- Law 21 of 1991 ratified the ILO should respect nature’s order and the descendant movements began convention and the right to prior will of the Creator.”2 an organised struggle to defend consultation for indigenous and Currently 102 indigenous groups their cultures, lands, knowledge, tribal peoples in Colombia. Law 70 totalling 1,378,884 people3 reside and wisdom, but it was not until of 1993 recognised afro-descendant in Colombia, in addition to 61,639 the Constitution of 1991 that communities and establishes Afro-Colombian families4 made up Colombia enshrined pluralism, mechanisms for their protection. of 4,261,996 persons according to recognising ethnic and cultural Decree 1320 of 1998 regulated

14 prior consultation for natural untitled lands. Both the Colombian Problems with resource mining in indigenous and Constitutional Court and the Consultation Afro-Colombian communities. The International Labour Organisation policy establishes deadlines for the have stated on multiple occasions Of the 102 indigenous groups in processes and specifies mechanisms that this decree is incompatible Colombia, just 87 are recognised by 10 for informing communities. It also with Convention 169 as ratified by the State. Twenty-seven percent of 11 stipulates that if the community Colombia, and have been advocating the indigenous population resides representatives decline to participate for its revision and annulment.7 outside of the 715 authorised 12 or give a response, then the company Despite its legal recognition, reserves , living instead on ancestral can carry out an environmental in practice prior consultation is not lands not recognised by the State. impact study regardless of the a mechanism that is frequently Their rights to their territories are not consultation and assumes that utilised. In fact, only 141 consultation recognised, nor are their rights to consultation is only necessary before processes have been carried the natural resources found within. the exploitation phase despite the fact out between 1994 (when it was According to Decree 1320, they do that the exploration phase can also established) and February 2011.8 not have a right to prior consultation. generate negative impacts for these Because of this, and the overall There are 159 recognised communities. Because of the way lack of clarity in its application, the collective territories for the Afro- land is defined, the consultation would Constitutional Court has issued a Colombian population. However, at only apply to reserves or recognised series of decisions intended to clarify least 60% of the Afro-descendant territories, and not to ancestral or its scope, and has even identifying it population in the Pacific region of the traditional lands, nor collectively held as a fundamental right. country does not have a guaranteed right to its land because it lives outside of territories recognised by Two of the Court’s most important rulings with regard to prior the Government.13 consultation: In July 2010, the UN Permanent Forum on Indigenous Issues carried Writ of Protection-652 of Writ of Protection-129 of out a mission to Colombia and 1998, which recognises the rights 2011 (the Chidima-Pescadito received information that indicated of the Embera Katío people of case) clarified and strengthened that mining concessions had been Alto Sinú, who were threatened rules for prior consultation: that it awarded in 80% of the legally by the construction of the Urrá should be conducted with respect recognised reserves and that land hydroelectric project, and deems for the spaces and times of the titling processes had been delayed the right to collective property communities and should happen in order to allow for other projects a fundamental right of ethnic during the planning stage of the “without adequately following the groups over their lands, not just project and not when it is close to consultation processes or without the because of what it means for their being carried out. Moreover, the free, prior, and informed consent of survival, but also because land is ruling provides that projects not be the affected peoples.”14 part of Indigenous cosmogony and allowed to move forward where the Today there are still 64 reserves provides the necessary material impact on the community will be that have been waiting years for their basis for the development of their significant and the community feels legal recognition15 and hundreds of characteristic cultures. that the alternatives are equally hectares on the Atlantic Coast and damaging.9 Andean valleys awaiting collective titling as Afro-descendant territories,16 while mining concessions are processed in a matter of months and in some cases without any consultation with the affected ethnic minorities. In 2011, 168 mining licenses were granted in indigenous reserves, and 978 requests are currently pending.17

Graffiti by Bastardilla by Graffiti At the same time, the number of licenses granted in Afro-Colombian community territories reached 236, with 1,868 pending requests.18 In terms of crude oil, 8.8 million hectares of indigenous reserves are designated oil areas; many of them are already licensed for exploration and drilling while others are still being studied.19 Additional problems exist with the way prior consultation is currently conducted. Decree 1320 of 1998 established a timeframe of

15 Maps: Indigenous reserves (left) and Afro-descendent community lands (right)

In 2011, 168 mining licenses were granted in and Development Studies (INDEPAZ), consultation should be carried out indigenous reserves, and 978 requests are on the principle of good faith, in currently pending. participatory spaces that allow useful participation with sufficiently informed 20 days for the company to inform Though they are essentially providing and representative spokespersons. It the affected communities of the services that the State is obligated should ensure that the community project’s development, which does to guarantee, this often serves to has full knowledge of exploration not provide sufficient time for leaders convince the population to accept the and extraction projects planned for to adequately consult with their project without considering future its lands, as well as the negative communities, nor does it allow them consequences. impact that these projects could to follow their traditional decision- Another obstacle to carrying out have on societal cohesion and group 20 making processes. In addition, the prior consultation is the signing of survival. It should provide spaces for technical concepts and language used Free Trade Agreements (FTAs). Many the community to debate advantages by authorities and company officials FTAs contain clauses that allow and disadvantages of the projects, as makes it difficult for these groups to foreign investors to sue and demand well the ability to have their concerns understand what is happening, which compensation from the Colombian heard and be able to express their means they often accept proposals government for violating their opinion of the project’s viability.27 without understanding what they “rights” to free trade. For example, What if the communities want 21 accepted or the consequences. if the State denies an environmental to say ‘no’ to the proposal? The Inter- ILO Convention 169 stipulates permit to a company based on the American Court of Human Rights that prior consultation be carried result of the prior consultation, the and other national and international out in good faith, freely and with all company could sue the government bodies28 have indicated that when the the available information. The Inter- and demand compensation. This issue concerns large-scale investment American Court of Human Rights represents yet another impediment to within territories in which there are has established that the State ensure the development of this mechanism ethnic groups, the State’s obligation is that consulted community members and additional advancement in human not just to consult, but also to obtain 25 “understand possible risks, including rights recognised by Colombian law. to free, prior and informed consent environmental and health risks, so 29 Consultation or of these communities (See the that they are accepting the proposed article “Is the Mandé Norte mining development or investment plan with Consent exploration and extraction project 22 clear understanding.” The fundamental purpose of wanted?”). There are various critiques about the right to prior consultation is to To achieve a true prior consultation the ways in which companies are able protect the lives and integrity of beyond merely identifying the to achieve their goals without taking indigenous peoples from the many geographical bounds of a town, it into account these requirements: looming threats. However, in practice is necessary to take into account from presenting meeting attendance this mechanism is seen by many of intercultural factors, as noted by lists as if they were signatures of the involved parties as yet another Marcela Castellanos of the Luís 23 consent, to making false promises hoop to jump through and not as Carlos Pérez Lawyers Collective, an 24 about the benefits of a project. the recognition of a right and the organisation that advises communities Additionally, in many occasions the opportunity to create more favourable on consultation processes: “If a companies seek to satisfy the basic conditions for the well-being of ethnic community’s notions of their land, of needs of the communities by providing groups.26 the relationships they have established education, health and other benefits. As noted by the Institute for Peace with it, of the web that they weave

16 Photo: Julián Montoni, http://www.flickr.com/photos/jsmontonim/ Photo: Julián

In October 2011 Afro-descendant communities took to the streets of Bogotá to demand their rights. More than 70,000 Afro- Colombian people were displaced from their lands in 2010.

are not taken into consideration… it is estimated that they comprise past: the latest report from INDEPAZ If technical parameters are the only 1.2 million of the national total of indicates that paramilitaries continue consideration, then a project will around 5 million33 and according to to be an active agent associated with never be implemented that doesn’t the Consultancy for Human Rights megaprojects and their impacts. It affect the some of the many cultural and Displacement (CODHES), 70,010 notes that there are 398 reserves, facets of a people.30 Afro-Colombians were displaced from 202 communities outside of the their lands in 2010 because of threats, reserves, and 45 colonial reserves36 Violence as a barrier assassination of leaders, forced where there are interests in carrying to consultation recruitment of minors, aggressions, out megaprojects and whose territory 34 After its most recent visit to and combats, among others reasons. is fully or partially located in one of Colombia, the mission of the UN The United Nations Permanent the 275 municipalities that INDEPAZ Permanent Forum on Indigenous Forum on Indigenous Issues (UNPFII), reports as having paramilitary 37 Issues stated that indigenous points out the obligation of States to activity. In this sense, ethnic minorities At least 60% of the Afro-descendant population report that by simply defending their land and rights they are “treated in the Pacific region of the country does not as a military target, confined, have a guaranteed right to its land because it exterminated; our claims and our lives outside of territories recognised by the organisations are criminalised, and we are condemned to disappear,” as Government the National Indigenous Organization has stated38 According to indigenous peoples are often subject to forced protect the lives and physical safety of and Afro-descendant organisations, displacement as a strategy to impose these groups by preventing any act of human rights violations suffered by megaprojects on their lands without genocide or other kind of violence, as ethnic groups have been concentrated having to undergo the process of prior well as to protect the recognition of in territories where there are crude oil, 39 consultation.31 In 2010, fourteen large- their rights. In 2006 the United Nations mining, and agro-fuel megaprojects. scale displacements of indigenous called attention to the incursion of In fact, statistics show that 89% communities that affected 4,061 armed actors into indigenous and of indigenous and 90% of Afro- people were reported.32 In terms of Afro-Colombian collective lands on descendants assassinated in recent 35 the Afro-descendant populations, behalf of private economic interests. years hail from mining and energy This is not just something of the production areas.40 And of the 32

17 In 2008, nearly 10,000 indigenous people marched from Cali to Bogotá to denounce human rights violations committed by armed actors in rural areas.

indigenous ethnicities designated 1. The Mamos are priests or sages in the community who pass on the 21. Interview with Marcela Castellanos, Op. cit. wisdom of the elders and exercise religious power. 22. Global Justice and Human Rights Program at Universidad de los Andes, as at risk of cultural or demographic 2. Camila Osorio Avedaño, “La locomotora de Santos se enfrenta a los “Informe sobre la consulta previa a pueblos indígenas,” Los estándares del mamos y a la Sierra,” La Silla Vacía, 27 July 2011, http://www.lasillavacia. derecho internacional, Bogotá, 2009. extinction, at least 20 are currently com/historia/la-locomotora-de-santos-se-enfrenta-los-mamos-y-la- 23. Abad, Op. cit. affected by mining exploration and sierra-26120. 24. Interview with Marcela Castellanos, Op. cit. 3. Luis Evelis Andrade, “¿Cuáles son, cuántos y dónde se ubican los pueblos 25. Keith Slack, “More Trade, More Mining Company Lawsuits,” Resource extraction projects.41 indígenas en Colombia?” National Indigenous Organisation of Colombia Investor, 14 October 2011, http://www.resourceinvestor.com/News/2011/10/ (ONIC), http://www.onic.org.co/Pueblos.shtml. Pages/More-Trade-More-Mining-Company-Lawsuits.aspx. Colombia is one of the countries 4. Camilo González Posso, “Empresas petroleras y los derechos de las 26. Camilo González Posso, “La renta minera y el Plan de Desarrollo 2010- that affords the most rights to comunidades y grupos étnicos,” Camilo González Posso, “Renta Minera, 2014,” Institute for Peace and Development Studies (INDEPAZ), February Petróleo y Comunidades,” Bogotá, Instituto de Estudios para el Desarrollo y 2011, http://www.indepaz.org.co/index.php?view=article&id=580%3Ala- traditional and ethnic communities. la Paz (INDEPAZ), 2011, p 88. renta-minera-y-el-plan-de-desarrollo-2010-2014&option=com_ 5. Toda Colombia, “La población negra o afrocolombiana,” http://www. content&Itemid=103. But ethnic minorities do not merely todacolombia.com/etnias/afrocolombianos/poblacion.html. 27. Institute for Peace and Development Studies (INDEPAZ), “Consentimiento want to see their rights down on 6. International Labour Organisation (ILO), Convention No 169 on Indigenous y Consulta Previa: ¿Derecho al veto?”, Powerpoint Presentation, 2011. and Tribal Peoples in Indepdendent Countries, Geneva, June 1989. 28. United Nations Declaration of the Rights of Indigenous Peoples, Geneva, paper; they desire true and effective 7. Inter-Church Justice and Peace Commission, “El derecho a la Consulta 13 September 2007; Constitutional Court, Ruling T-769, Bogotá, October 2009. Previa en la Legislación interna y el Derecho Internacional,” 2011. 29. González Posso, Op. cit. recognition of their diversity, their 8. Susan Abad, “Falta voluntad política para aplicar consulta: Reglamento 30. Interview with Marcela Castellanos, Op. cit. lands, their culture and customs. de consulta previa transgrede otros derechos de pueblos indígenas,” 31. United Nations Permanent Forum on Indigenous Issues, “Report summary Noticias Aliadas, 24 June 2011, http://www.noticiasaliadas.org/articles. and recommendations of the Permanent Forum’s Mission to Colombia: the They want their voices to be heard asp?art=6407. situation of indigenous peoples in danger of extinction in Colombia,” New 9. Juan Esteban Lewin, “La consulta previa recargada: nueva carrilera York, 16-27 May 2011. and not compromised by economic para las locomotoras de Santos, La Silla Vacía,” 2 May 2011, http://www. 32. Consultancy on Human Rights and Development (CODHES), development if it simultaneously lasillavacia.com/historia/la-consulta-previa-recargada-nueva-carrilera-para- “Consolidación de qué,” Boletín no 77, Bogotá, 15 February 2011. las-locomotoras-de-santos-23889. 33. Poster of the International Meeting of Displaced Afro-Colombians and impedes their own development. 10. UN High Commissioner on Refugees. “Pueblos indígenas en Colombia,” Refugees, http://www.renacientes.org/, 2011. http://www.acnur.org/t3/pueblos-indigenas/pueblos-indigenas-en- 34. Consultancy for Human Rights and Displacement (CODHES), Op. cit. colombia/. 35. Colombian Commission of Jurists, Op. cit. 11. Andrade, Op. cit. 36. Indigenous territories recognised as belonging to the indigenous during 12. Colombian Commission of Jurists, “Informe sobre la situación del derecho the Spanish colonisation. al territorio de los pueblos indígenas y las comunidades afrodescendientes en 37. GEO-GRAPHIANDO, “Territorios indígenas y presencia paramilitar: Colombia,” Bogotá, August 2011. Municipios con presencia neoparamilitar 2009,” http://geographiando.hrev. 13. Ibid. org/2010/10/12/mapa-n%c2%ba-30-del-atlas-tp2-paramilitarismo/. 14. Naitonal Indigenous Organisation of Colombia, “Colombia: La Minga 38. National Indigenous Organisation of Colombia (ONIC). Op. cit. continúa,” MINGA Informativa de Movimientos Sociales, 3 November 2008, 39. National Indigenous Organisation of Colombia (ONIC), “Informe sobre http://www.movimientos.org/show_text.php3?key=13383. violaciones a los Derechos Humanos e infracciones al Derecho Internacional 15. María Pindamó, “Verdades de los pueblos indígenas de Colombia que Humanitario contra los pueblos indígenas en Colombia,” 2009. el gobierno desdibuja,” DH Colombia, 2 November 2008, http://www. 40. Francisco Ramírez, “Tierra y Territorios II: Tierra y minería, el conflicto en dhcolombia.com/spip.php?article681 . Colombia,” Grupo Semillas, 7 March 2007, http://www.semillas.org.co/sitio. 16. Colombian Commission of Jurists, Op. cit. shtml?apc=b1e1--&x=20155119. 17. Ibid. 41. Fidel Mingorance, “Diagnóstico sobre la minería en territorios indígenas 18. Ibid. en Colombia,” Human Rights Everywhere, June 2011, http://www.hrev.org/ 19. GEO-GRAPHIANDO, “Áreas petroleras dentro de resguardo,” April 2011, wp-content/uploads/2011/06/Diagnóstico-minero_TP2.pdf. http://geographiando.hrev.org/2011/05/15/area-petrolera-en-resguardos/. 20. Interview with Marcela Castellanos, Member of the Luis Carlos Pérez Lawyers Collective, Bucaramanga, 11 October 2011.

18 Is the Mandé Norte mining exploration and extraction project wanted?

Photo: KOLKO

n 2005, the Colombian Gov- communities decided to carry out 2010, after a military bombing left two ernment granted nine mining a consultation and answer the indigenous persons seriously injured, licenses to the U.S. company question: “Is the Is the Mandé Norte the Inter-American Commission on Muriel Mining Corporation mining exploration and extraction Human Rights ordered precautionary (acquiredI by the Canadian company project wanted?” Between 24 and measures for 87 families due to the Sunward Resources Ltd in April 20111) 28 February 2009, twelve indigenous risks created by the presence of armed for a period of 30 years to mine gold, communities from the reserves of actors in their lands, and designated copper and molybdenum as part of a Uradá, Jiguamiandó River, Chageradó- their reserve a humanitarian zone.8 project called Mandé Norte. These li- Turriquitadó River and Murindó River, Today, rulings of the Constitutional censes cover 16,000 hectares in the as well as afro-descendants from Court regarding prior consultation lower and middle Atrato region (in the Pueblo Nuevo, Jiguamiandó and the required impact studies still Northwest Colombia) where there are River Humanitarian Zone, carried out have not been complied with by the ancestral territories belonging to Afro- the consultation. The answer was a national government. In fact, the descendent and indigenous Embera strong and unanimous rejection of the Ministry of Justice and the Interior communities.2 project.5 has asked the Constitutional Court to The communities affected by the In response to the writ of overturn the ruling.9 project stated that prior consultation protection requested by the was not adequately carried out communities, the Constitutional Court due to fraud: “They invited some issued ruling T-769 in October 2009, leaders to meetings during which which suspended the exploration they gave them food and drink and phase of the project until studies 1. Sunward Resources, “Sunward Completes Acquisition Of The Murindo they never told them about the could be carried out on the social, Project,” 8 April 2011, http://www.sunwardresources.com/s/news_releases. exploration that they were going to environmental, and cultural impacts, asp?ReportID=470405. 2. Constitutional Court, Ruling T-769, Bogotá, October 2009. do. For the Government, this was a and adequate prior consultation could 3. PBI Colombia, “’A struggle for the good of humanity’: indigenous peoples reject mining project,” ColomPBIa no. 11, October 2009. valid proceeding and so they started be held with “the free, prior, and 4. CENSAT AGUAVIVA, “Corte Constitucional ordena suspender explotación prospecting,” said Yagarí, a member informed consent” of the affected en complejo minero más importante del país,” 26 March 2010, http://censat. org/component/content/article/838. 6 of the Indigenous Organisation of community. 5. PBI Colombia, Op. cit. 3 6. Constitutional Court, Ruling T-769, October 2009. Antioquia (OIA). They also stated Communities have reported that 7. Miradoriu de los derechos de los pueblos Indíxenes (MIDEPI), “La grave that the Government recognised those who have expressed opposition situación de los pueblos indígenas no contó para la UE a la hora de rubricar el TLC con Colombia,” 17 June 2011, http://mindixenes.org/spip.php?article248. spokespeople that did not represent to the mining project have been 8. Inter-American Commission on Human Rights, Precautionary Measures Granted by the Commission during 2010: Community of Alto Guayabal- the 12 Embera peoples or two Afro- accused of being part of the guerrilla, Coredocito of the Embera People, Colombia, http://www.cidh.org/ Colombian communities in the area.4 been stigmatised, and their lives medidas/2010.sp.htm. 9. Ministerio de Interior y de Justicia. Nulidad sentencia T-769-09, 15 de 7 Facing this situation, the have been put in danger. In January abril de 2010. Bogotá: el Ministerio; 2010

19 “Before this country was even a republic there was mining in Colombia”1 Photo: Jonas Wresch Photo: Jonas

A miner with the day’s earnings. Before they were of interest to multinationals, many of these lands did not have a State presence to provide basic necessities or security.

n Colombia there are at least are protected and provide them with in the country: 1) traditional, artisanal 6,000 small-scale mines,2 from alternatives “because,” says mining or small-scale mining by ethnic which millions of Colombians expert Mario Valencia, “the solution minorities since ancient times (and derive their livelihood. It is an cannot be to close the mines and now also by displaced farmers); 2) activityI that doesn’t provide large drive them off their land.”4 Natural medium-scale mining involving the incomes, but is a means of subsistence resource mining is the way of life for use of dredgers and backhoes; and that is increasingly threatened by such communities, and for some their 3) large-scale mining conducted large-scale mining. The government’s only option. primarily by multinationals.7 Although plan is to turn Colombia into a mining Though Colombia was not the products, environmental impacts, power in Latin America by 2019, and considered a mining power until economic benefits, state protection to do this it is necessary to increase recently, this activity has been a and tax exemptions they receive are production enough to double current means of subsistence since before all distinct, current Colombian law coal and gold mining production,3 (see the Spanish invasion. Indigenous, requires that all forms of mining must the article in this bulletin “The Mining Afro-descendants, and later small- comply with the same requirements and Energy ‘Boom’”) something scale farmers have made it into to operate in the country. small-scale miners are not capable of. a way of life. Five million miners, Several organisations accompanied workers, and their families5 in 44% of Legalisation by Peace Brigades International Colombia’s municipalities6 make their The Mining Code of 2001 work with indigenous communities, living from small and medium-scale eliminated the differences between afro-descendants, and small-scale mining. these three kinds of mining and miners to help ensure their rights There are three kinds of mining obliged small and medium-scale

20 mines to compete under the same The avalanche of exploration and of the Environment, Housing, and conditions as large mines. It also operations requests overwhelmed Territorial Development stated that allowed for penalising and halting Ingeominas’s ability to process claims the ministry has begun a “great mining that was not legally registered and for that reason they put a freeze crusade” against illegal mining with within three years of 1 January 2002.8 on all new requests while they attempt “the objective of catching people in Many small-scale miners live to address the nearly 20,000 that have the act who work without a mining in remote regions of the country, accumulated,14 and to revoke licenses license or environmental permit.”19 regions in which energy comes from granted in protected areas. One of the arguments against gas generators and the roads are The Constitutional Court ruled the small-scale mining is that it “is a drain sandy trenches that even the most Mining Code reform unconstitutional, on the country’s economy, does not prepared vehicles cannot traverse. but deferred the effects of the ruling take into account environmental Legislative changes approved in for two years so that Congress can impact, and creates more pollution Bogotá take a long time to reach these present a revised bill (see article by using obsolete technology.”20 It is places, particularly during that period, “Mining Legislation: Advances and true that small-scale mining entails when the armed conflict was in full Setbacks” in this bulletin).15 The high environmental costs due to the swing. As such, many miners never new small-scale deadline license processes and substances it employs knew that as of 2002 they would registration dates still valid, but in natural resource mining; in fact, have needed to obtain a license for because of the Mining and Energy Colombia is the country with the something they had done for years. Ministry’s suspension, miners can highest level of mercury pollution in Meanwhile, multinationals arrived no longer submit their registrations. the world,21 and Segovia, a traditional in the country and began to request Small-scale mining thus remains in mining municipality, has the highest concession. legal limbo that no one knows how concentration of this element in the Thanks to the work of human to resolve. Currently, 70% of artisanal world.22 But social organisations rights organisations, some small- miners do not have licenses, while in report that the pollution created by scale miners did find out about the 90% of the mining zones concessions large multinationals in their mining new laws, but this did not make it have already been granted to projects is even greater. One example any easier for them. Some didn’t multinationals.16 is the Cerrejón mine in La Guajira have sufficient economic resources Department, which in 30 years of operation has polluted rivers, caused Five million miners and their families in 44% of lung diseases, made land fallow and Colombia’s municipalities make their living from displaced communities (see the article “Coal for the world, setbacks small and medium-scale mining for La Guajira” in this bulletin). The counter-argument most widely repeated by authorities is to complete necessary studies Illegal mining- that un-licensed mining finances and procedures while others (upon artisanal mining illegal armed groups. These groups, requesting their license) discovered it is said, use mining to fund their According to various experts, that their lands had already been operations, which is why such mining current mining policy is designed to ceded to large companies.9 The is often referred to as illegal mining.23 allow the State to pave the way for Colombian Institute for Geology and However, the Government does not large mining projects by transnational Mining (Ingeominas—the mining differentiate between illegal mining companies, whose greatest obstacle authority in charge of adjudicating and informal mining (mining without is the small and medium-scale miners licenses) received 2,845 requests to a license) and in fact equates informal already working in areas where the license mines, but only managed to artisanal mining with illegal mining companies intend to start open pit license 23.10 allied with the guerrilla in order to mining projects.17 The Director of In 2010 the government justify the militarisation of mining Ingeominas, Oscar Paredes, and proposed reforms to the Mining areas.24 The former Minister of the Vice-Minister of Mines, Tomás Code, establishing an additional two Mining and Energy, Carlos Rodado, González, deny that the objective years to register small-scale mines.11 asserts that “illegal mining is a crime is to persecute artisanal miners The reform law stipulated that if a and we need to prosecute that part and insist that they will create an requested area were already licensed, of the mining industry in Colombia “entity that provides soft loans so the mining authority would mediate that, regrettably, has developed that these communities can improve between the two parties to arrive at without respect for the law and that their operations, in addition to an agreement. In practice, this meant is destroying the environment.”25 educating them on ways to protect that the small-scale miner had to either The National Development Plan the environment and increase job “sell, partner [with the company] justifies persecution by the armed security.”18 or leave the area.”12 Miners have forces, the appropriation of tools What is certain is that, in addition until February 2012 to register their and production, mine closures and to laws that discriminate against work, but in February and July 2011, jail time26 for whoever participates small-scale mining, members of the the Ministry of Mining and Energy in illicit mineral mining as of January Government have begun to make issued two resolutions suspending 2012.27 In the first four months of statements that discredit the people receipts of licensing requests for 2011, the Government closed 191 who do this work. The former Minister artisanal mines until 3 March 2012.13 mines and detained 600 people,28 and

21 Photo: Jonas Wresch Photo: Jonas

Children playing in water pumped out of the nearby mine.

Many small-scale miners live in remote regions of and clear the way for the arrival of multinationals, or to control the the country, regions in which energy comes from benefits of the natural resources being gas generators and the roads are sandy trenches mined. Thus, before the arrival of large that even the most prepared vehicles cannot companies, homicides increased in traditional mining departments traverse like Antioquia, Bolívar, Guajira and Magdalena from 681 in 1995 to 1,667 the Defence Minister announced that necessities or security. Today, in 2001. Massacres also increased it was considering the possibility of poverty and illiteracy rates in these from 36 in 1996 to 105 in 2001.32 increasing the manpower in charge departments are among the highest These are not problems of the of security for mining and energy in the country. Antioquia department past; this year inhabitants of Southern infrastructure, which today consists has the highest number of illiterate Bolívar reported massacres that 29 of 80,000 individuals. persons (116,185) followed by other were allegedly related to disputes for mining departments like Bolívar Illegal armed actors control over natural resources.33 On (83,671), Córdoba (81,934) and Valle 1 September of this year in Caldas, and mining 30 de Cauca (39,432). In departments another mining area, Father Restrepo Many people who work in small- like La Guajira, Cauca, and Cesar, was assassinated. Fr. Restrepo had scale mines today were farmers who more than half the population is poor led a Civic Committee that opposed arrived in mining areas after having despite income from mining royalties. a megaproject in Marmato operated been displaced by the violence has that Poverty rates in La Guajira and Cauca by Gran Colombia Gold, a Canadian 31 battered Colombia, or being pushed are 64.3%, and in Cesar, 53.6%. company.34 And in July of this year out by the crash of the agriculture Statistics on violence are also communities in Suárez (Cauca), sector brought about by neoliberal alarming. These are areas that have alerted to the presence of armed policies implemented in the 1990s. been disputed by illegal armed actors in the dwellings of community Many of these farmers lost their lands actors for years. Inhabitants of leaders who had denounced retro and relocated to municipalities where these areas have been victims of excavators on their land.35 Today, mining was the way of life. Before they massacres, economic blockades, per capita homicide rates in mining were of interest to multinationals, forced displacements, threats, departments continue to be the many of these lands did not have and assassinations carried out by highest in the country: Antioquia a State presence to provide basic paramilitary and guerrilla groups 70.51, Valle del Cauca 77.66, La seeking to take control the land

22 Guajira 31.76 and Cauca 41.62.36 The sector-petrolero/164888-3.aspx. 1. Interview with Mario Alejandro Valencia, Member of the Colombian 30. “Antioquia es el departamento con mayor analfabetismo,” RCN Radio, number of assaulted human rights Action Network against Free Trade (RECALCA) and the Colombia Network 9 September 2011, http://www.rcnradio.com/noticias/antioquia-es-el- against Transnational Mining (RECLAME), Bogotá, 27 September 2011. departamento-con-mayor-a-107615#ixzz1bQxtTfzl. defenders in these departments 2. “Más de 2,400 minas artesanales operan ilegalmente en Colombia y son 31. National Department of Planning, “Incidencia de la Pobreza por Ingresos is also very high; the “We are the peligrosas para los mineros, Caracol Radio, 14 October 2007, http://www. y coeficiente de Gini 2002-2010 (Nueva metodología),“ http://www.dnp.gov. caracol.com.co/noticias/actualidad/mas-de-2400-minas-artesanales-operan- co/LinkClick.aspx?fileticket=LrWnznTYoqY%3d&tabid=337. Defenders” campaign reports that ilegalmente-en-colombia-y-son-peligrosas-para-los-mineros/20071014/ 32. Francisco Ramírez, “Impactos ambientales y socioeconómicos de nota/493359.aspx. la minería: Gran minería en Colombia, ¿Para qué y para quién?” Grupo of the 145 leaders or defenders that 3. “Se duplicará producción minera al 2019, según el ministerio de Minas Semillas, No. 42/43, 24 November 2010, http://www.semillas.org.co/sitio. suffered some form of aggression y Energía,” Portafolio.co, 13 August 2010, http://www.portafolio.co/archivo/ shtml?apc=w--1--&x=20157371. documento/CMS-7861758. 33. UN Office for the Coordination of Humanitarian Affairs in Colombia, between January and June 2011, 16 4. Interview with Mario Alejandro Valencia, Op. cit. “Población civil en alto riesgo en el sur de Bolívar, Putumayo y Guaviare: 5. Andy Robinson, “Oro antioqueño a punta de ametralladora: Los Masacres en el sur de Bolívar,” Boletín Humanitario, 1 - 21 August cases occurred in Valle del Cauca and mineros artesanales se ven acosados por paramilitares, la guerrilla y el 2011, http://reliefweb.int/sites/reliefweb.int/files/resources/informe_ Caquetá departments, 13 Antioquia, Gobierno,” La Vanguardia, 9 October 2011, http://www.lavanguardia.com/ completo_20.pdf. vida/20111009/54228739798/oro-antioqueno-a-punta-de-ametralladora. 34. Latin America Observatory of Mining Conflicts, “La historia más infame: and 10 in Cauca. Additionally, of the 29 html. la montaña de oro que mató a un joven cura en Colombia,” 14 September 6. Colombia Human Rights Ombudsman (Defensoría), “La minería de hecho 2011, http://www.conflictosmineros.net/contenidos/10-colombia/8399- human rights defenders assassinated en Colombia,” Bogotá, December 2010. la-historia-mas-infame-la-montana-de-oro-que-mato-a-un-joven-cura-en- in this same period, at least three were 7. Alfredo Molano Bravo, “Conflicto minado,” El Espectador, 23 January colombia. 2011, http://www.elespectador.com/impreso/columna-246537-conflicto- 35. Sembrar Corporation, “Se confirma violación de derechos humanos working against large-scale mining minado. y explotación minera ilegal en Suárez Cauca,” 29 July 2011, http://www. 8. Colombian Congress, Law 685 of 15 August 2011, which issued the corporacionsembrar.org/?q=node/120. and another five resided in areas of Mining Code and other provisions. 36. National Institute of Legal Medicine and Forensic Sciences, “Datos mining. One person also involved 9. Mario Alejandro Valencia, “Colombia paraíso de las trasnacionales oficiales sobre la violencia en Colombia en el 2010,” 4 August 2005, http:// mineras,” Le Monde Diplomatique, November 2010, p.4-5. www.medicinalegal.gov.co/index.php?option=com_content&view=article&id in these activities disappeared in 10. María Teresa Ronderos, “La fiebre minera se apoderó de Colombia,” =193:forensis-2010&catid=19:forensis&Itemid=154. 37 Semana Magazine, 6 September 2011, http://www.semana.com/nacion/ 37. We the Defenders Program, “Informe Enero - Junio 2011: Sistema de February. fiebre-minera-apodero-colombia/163716-3.aspx. Información sobre Agresiones contra Defensoras y Defensores de Derechos Admittedly, mining has been and 11. Andrés Idárraga Franco, “Gobierno minero nacional asecha a la pequeña Humanos en Colombia,” Bogotá, September 2011. minería,” Desde Abajo, March-April 2011, p. 12-13. 38. Jaime Díaz, “El oro es triste,” Observatorio pacífico y territorio, 7 October continues to be a profitable business 12. Ibid. 2011, http://www.pacificocolombia.org/novedades/triste/524. 13. Ministry of Mining and Energy, Resolution 180099 of 1 February 2011, 39. Robinson, Op. cit. that for years has attracted illegal which adopted administrative actions on mines; Resolución 181233 of 29 July 40. Valencia, Op. cit. armed groups. These groups use 2011, which extended the terms of Resolution 180099 of 1 February 2011. 14. United Nations Development Programme, “National Report on Human mining to launder money obtained Development 2011: Rural Colombia, reasons for hope,” September 2011. 15. “Los efectos de la caída del Código Minero,” Semana Magazine, 12 from illicit crop production (as May 2011, http://www.semana.com/nacion/efectos-caida-del-codigo- explained in the article “The Mining minero/156604-3.aspx. 16. Robinson, Op. cit. and Energy ‘Boom’”) and also extort 17. Valencia, Mario Alejandro, “No son delincuentes, son trabajadores colombianos,” Reclame, 27 September 2011, http://reclamecolombia.org/ traditional miners, required monthly index.php?option=com_content&view=article&id=271&catid=34; IDÁRRAGA payments in the form of gross mining FRANCO, Op. cit. 18. Ronderos, Op. cit. profits or a quota for each machine 19. Ministry of the Environment, “MinAmbiente emprende cruzada contra 38 la minería ilegal,” 13 September 2010, http://www.minambiente.gov.co/ used by the miner. Those who contenido/contenido_imprimir.aspx?catID=1129&conID=6184&pagID=6189. refuse to pay risk a whole host of 20. Colombia Human Rights Ombudsman, Op. cit. 21. Guadalupe Rodríguez, “Rebelión contra la minería de oro en Colombia,” human rights violations: “the State Otramerica, 10 July 2011, http://otramerica.com/temas/rebelion-contra-la- mineria-del-oro-en-colombia/410. criticises us for paying the fee, but 22. Javier Agudelo, “La ‘peste’ plateada que ataca a los pueblos del oro the State isn’t here to protect us,” 39 en Antioquia: 150 mil personas que viven en los 5 municipios del nordeste antioqueño están expuestas al mercurio,” El Tiempo, 20 October 2010, http:// says one miner. Despite increased www.eltiempo.com/colombia/antioquia/la-peste-plateada-que-ataca-a-los- pueblos-del-oro-en-antioquia_8165001-4. presence of the armed forces in 23. Interview with Mario Alejandro Valencia, Op. cit. these municipalities, miners continue 24. Molano Bravo, Op. cit. 25. UN News Agency, “Minería amigable con el ambiente y en contra de to suffer day-to-day in the conflict. la ilegalidad,” 6 October 2010, http://www.agenciadenoticias.unal.edu.co/ nc/detalle/article/mineria-amigable-con-el-ambiente-y-en-contra-de-la- They are displaced, threatened, and ilegalidad/. assassinated by illegal armed actors 26. Valencia, Op. cit. 27. Interview with Mario Alejandro Valencia, Op. cit. and now persecuted and criminalised 28. Office of the President of Colombia, “Gobierno ha cerrado 191 minas ilegales este año,” 30 April 2011, http://wsp.presidencia.gov.co/ by the State for continuing the work Prensa/2011/Abril/Paginas/20110430_09.aspx. they have done throughout the 29. “Viceministro de Defensa liderará nueva estrategia de seguridad para el 40 sector petrolero,” Revista Semana, 27 September 2011, http://www.semana. country for centuries. com/nacion/viceministro-defensa-liderara-nueva-estrategia-seguridad-para- Photo: PBI

Artisanal miner in Segovia (Antioquia). Many people who work in small-scale mines today were farmers who arrived in mining areas after having been displaced by the violence in their home regions, or having been pushed out by the crash of the national agriculture sector brought about by neoliberal policies implemented in the 1990s.

23 Artisanal mining in Northeast Antioquia Photo: Jonas Wresch Photo: Jonas

Small-scale miners have survived on the minimal production that they are able to eke out of their mines in the midst of armed conflict and abandonment by the State.

n this region of the department armed groups like the Black Eagles, 1. Located along the eastern edge of Colombia’s central mountain range and to the southeast of the San Lucas range. of Antioquia,1 thousands of the Rastrojos and the Paisas,3 2. “La Policía realiza operativos contra la minería ilegal,” Tele Medellín, 22 December 2010, http://noticias.telemedellin.tv/2010/12/22/la-policia- families have lived off of arti- paramilitary presence in villages in the realiza-operativos-contra-la-mineria-ilegal. sanal gold mining for centuries. municipality of Remedios,4 and mining 3. Peasant Farmer Association of the Cimitarra River Valley, “Anuncio de presencia paramilitar en zona rural de Remedios y Segovia,” 25 September Small-scaleI miners have survived in leaders assassinated in Segovia.5 In 2011, http://prensarural.org/spip/spip.php?article6516. 4. Humanitarian Action Corporation for Coexistence and Peace of Northeast the midst of conflict and abandon- response, miners have organised Antioquia, “Paramilitares saquean los negocios y hurtan mulas a la población ment by the State, surviving on the themselves into committees to de la vereda Santa Marta, Remedios, Antioquia,” 28 June 2011, http:// evangelizadorasdelosapostoles.wordpress.com/2011/06/28/colombia%E2% miniscule production they were able fight for their rights. The Peasant 80%9Cparamilitares%E2%80%9D-saquean-los-negocios-y-hurtan-mulas-a- la-poblacion-de-la-vereda-santa-marta-remedios-antioquia. to eke out of their mines. But accord- Farmer Association of the Cimitarra 5. Funtramienergetica, “Paramilitares asesinan a otro líder minero ing to the plans of Project Vision Co- River Valley has begun working en Segovia, Antioquia (Consolidación de la Seguridad Democrática de Santos),” 28 July 2011, http://www.senadoragloriainesramirez.org/index. lombia 2019 (see “The Mining and with several of these committees, php/2011/07/paramilitares-asesinan-a-otro-lider-minero-en-segovia- antioquia. Energy ‘Boom’” in this bulletin), the organizing workshops on current 6. Further information: PBI Colombia, “La fiebre del oro en el Nordeste mining district of Northeast Antioquia legislation and registration processes, Antioqueño,” Colompbia, no. 17, March 2011. will become the nation’s principal min- environmentally sustainable mining ing district, to be carried out through practices, and human rights. The goal increasing mining by multinationals is to educate miners on self-protection and reducing artisanal mining. Large measures and about the alternatives mining companies began to arrive available through participation in the in the region at the end of 2010; at Peasant Farmer Reserve Zone of the the same time, seventy mines were Cimitarra River Valley.6 closed and 118 individuals involved in unregistered mining were arrested.2 Since then, violence and militarisation in the area has increased. There have been threats from illegal

24 Guamocó: “Gold for life and not for death”1 Photo: PBI

Currently, nearly 90% of the population of Guamocó survives in precarious living situations. Water is brought to villages through collectively shared hoses from creeks that often are polluted by mercury or cyanide.

egend tells of a magical largest gold reserves in the world.2 under-development suffered by its place: a lake where Named for an indigenous chief who inhabitants. indigenous people swam once inhabited the land, Guamocó Indigenous peoples and later after covering their bodies is remembered as the principal Afro-descendants are the original inL gold dust; a mystical place where gold producing region during the inhabitants of the area. Afterwards, each week chiefs and priests came Spanish occupation. Despite the settlers arrived in pursuit of the Legend to offer tonnes of gold, emeralds, and fact that artisanal mining has been of El Dorado. Many subsistence rubies to the goddess Bachúe. Those practiced there since ancient times, farmers from regions like Magdalena seeking gold could not find this secret it is estimated that only 5% of the Medio and Valle de Cauca began city because each time they would total reserves have been extracted.3 arriving at the end of the 1940s after get close to it, it would disappear. This Inhabitants of the area continue to being displaced by political violence. mysterious place was given the name insist that they live on mountains of Eventually the area was re-colonised El Dorado, which would eventually gold, most which has yet to be mined: in the 1970s by small-scale artisanal become the nickname for gold- “There is gold everywhere, in the miners. producing regions in different parts rivers, the valleys and the bowels of Currently, approximately 9,000 of the Americas where untold riches the land,” they say.4 people working in artisanal mining live were believed to exist. Because of its But gold is not the only resource in the area, who struggle each day to lush landscapes, beautiful hills, and there; the land also holds oil, silver, stay on the land. 5 In addition, there rich land, Guamocó was considered water reserves and wood. However, are many more small-scale miners one of these mystical regions. despite this large quantity of from other regions of the country Located on the western coast of resources, Guamocó is a paradox— that come to Guamocó to work for the San Lucas Mountains between torn between the riches found a few months and use this money to Antioquia and Bolívar departments, in the depths of its soil and the support their families. Guamocó contains one of the cruelty of the conflict, misery and

25 men identified as the Black Eagles arrived and imprisoned, tortured, and killed three people, leaving one person injured, and threatened to retake control of Southern Bolívar;13 two weeks later, the Canadian company Photo: CCALCP Midasco Capital announced that they had received mining licences for the region, including one in Casa Zinc.14 Thus far in 2011, there have been 40 assassinations in the Southern Bolívar mining area.15 Threats continue in the form of graffiti signed by the United Self-Defence Forces of Colombia (AUC),16 checkpoints manned by armed civilians, and the presence of a paramilitary base in the region.17 The paramilitary assault of the 2000s massacred the nascent social movement that had begun forming after a series of marches led by small- scale farmers in 1996 and 1998. Over the years many leaders of mining A total of five battalions operate for the purpose of, according to local miners, “providing security to mining companies.” organisations were assassinated, disappeared, and stigmatised.18 Today, Guamocó was and is one of the regions of organisations like the Association of Mining and Agricultural Brotherhoods Colombia most affected by violence of Guamocó (AHERAMIGUA) and FEDEAGROMISBOL continue Natural resources placed it on a stick facing Guamocó. to denounce the persecution to and violence The paramilitaries told the villagers which they are subjected both that they had come to take over by the State and armed groups. Travelling to the heart of the the mines, and that they would turn They have experienced attempted area can be a real adventure. It them over to those who could best assassinations,19 threats,20 detentions takes days between cars, boats and exploit the mines’ resources.7 From and false criminal charges, such as in walks through muddy trenches in this point on the population began the case of Édgar Jiménez, a mining the middle of the jungle and over the to suffer more massacres, selective leader jailed on 22 June and freed peaks of mountains. Backhoes used assassinations, and displacement. several months later.21 in medium and large-scale mining More than 36,000 people were The guerrilla groups National occasionally disrupt the idyllic forest displaced from the region between Liberation Army (ELN) and the scene. They appear suddenly in a 1997 and 2009.8 The Agro-Mining Revolutionary Armed Forces of clearing beside huge piles of sand and Federation of Southern Bolívar Colombia (FARC), are also present in pools of brilliant green—a by-product (FEDEAGROMISBOL) documented the area. They tax stores and mines, of chemicals used in gold mining. 700 disappearances between 1999 impose economic blockades, and National and multinational and 2000.9 Additionally, the Magdalena forcibly recruit minors for their ranks.22 companies started to focus on the Medio Peace and Development The FARC have also threatened to area at the end of the 1990s. This is Programme (PDPMM) reported that take a series of “unfortunate” actions also when the paramilitary assault illegal armed actors killed 380 civilians in the region.23 began. between 1997 and 200710 and CINEP’s Guamocó was and is one of the database recorded 333 extrajudicial Militarisation of the regions of Colombia most affected by executions in recent years.11 The zone violence perpetrated by illegal armed situation was serious enough that the Human rights violations occur groups that, according to inhabitants, 2003 International Opinion Tribunal in constantly in Guamocó despite an seek to exert power over the land and Paris called attention to the systematic increased presence of Colombian economic control over gold mining human rights violations “motivated by armed forces. A total of five operations.6 An example of this 12 economic interests” in the area. battalions operate in the region, for violence was a massacre committed Today violence continues in this the purpose of, according to local on 25 April 1997, when a paramilitary region so remote that cannot even miners, “providing security to mining group entered Río Sucio (a municipality be found on a map. Illegal armed companies.” For example, 300 in Southern Bolívar) and killed 30 actors continue to frighten the soldiers have taken up in the village La people. Among them was mining population with massacres, such as Marisosa to protect the 30 company leader Juan Camacho Herrera, who the 17 August 2011 massacre in Casa workers there. The headquarters of the paramilitaries decapitated and, Zinc, a rural area of the Montecristo one of the largest companies in the after playing football with his head, municipality. A group of 20 armed region is an hour’s walk from the

26 that often are polluted by mercury or cyanide. Those that have electricity get it from individual generators.30 There are barely any health centres or professionals in the region and the centres that do exist are built Photo: CCALCP and funded by the communities themselves. “If someone gets sick during the night, we have to either watch them die or hope that the day comes soon enough to get them out,” says one community member.31 It often takes as much as seven hours by car to get from the furthest village to the nearest health centre, or in other cases days of walking.32 Access to education is similarly problematic. There are schools in some areas that have been built by local residents, but there are neither professors nor educational materials available,33 and as such illiteracy rates are as high as 27%, with 75% of the Multinationals have obtained concessions or filed requests for nearly 90% of the territory of Guamocó since their arrival in the late 1990s. population only achieving a primary level education.34 Guamocó contains one of the largest gold Alternatives: Peasant reserves in the world Farmer Reserve Zones Many small-scale miners village. There are checkpoints along As explained by the article in and community residents are the route and within company property this bulletin “Before This Country organising themselves to confront where members of the Armed Forces Was a Republic, There Was Mining this situation, with the assistance take note of each person that travels in Colombia,” the law stipulates of the Agroecological and Miners through. that the Ministry should mediate an Brotherhood Association of Multinationals have obtained agreement between the small-scale Guamacó (AHERAMIGUA). With concessions or filed requests miners and multinationals when it the accompaniment of several for nearly 90% of the territory of grants concessions in areas where organisations such as the Luis Guamocó since their arrival in the artisanal mining already exists. Carlos Pérez Lawyers Collective 24 late 1990s. Today there are four However, because of their fear of (CCALCP) and the Peasant Farmer large companies with exploration being left without a livelihood, many Association of the Cimitarra River and operating permits in Colombia, miners have contacted the companies Valley (ACVC), (both accompanied including parts of the Magdalena themselves to try and reach an by Peace Brigades International), Medio Forest Reserve Zone that agreement. But as many of them the communities are developing were unlawfully appropriated in 2011 report, these efforts were in vain: “We educational processes in order to to allow a large company to carry out tried to convince the company that understand current mining policy and 25 exploration activities there. Those they should leave some parts of the legal protection mechanisms. Among who lived and worked in these areas area they acquired to us small-scale other strategies, they have begun an for years, however, can no longer miners who had worked the land for initiative to create a Peasant Farmer work legally nor obtain titles to their years, or that they should cede some Reserve Zone in Guamocó. homes or plots of land because the titles to us. But the company didn’t The Peasant Farmer Reserve 28 area was declared “protected” for want to make any kind of deal.” Zone (ZRC) is a legal entity recognised economic activity and artisanal mining Forgotten land by Law 160 of 1994, which allows is prohibited unless the particular plot for small-scale farming and mining of land is administratively removed Annual production in the region communities to establish territorial 26 from the “protected” designation. reaches around five tonnes (a little boundaries in which they may create And even when many small-scale over 10% of the national total), and their own development plan in order miners attempted to register their entails royalties of over two billion to take care of basic necessities, lands in accordance with the Mining pesos.29 In contrast to what is secure titles for their land, promote Code, they were not allowed to do so: widely believed, this income rarely and stabilise markets for small-scale “when we attempted to register, we is invested locally. Currently, nearly farmers and miners, and protect natural realised that all the land was licensed 90% of the population of Guamocó resources and the environment.35 The to multinational companies, and that survives in precarious living situations. idea is to prevent the indiscriminate they never cared that we had lived Water is brought to villages through pillaging of resources and instead 27 there all our lives.” collectively shared hoses from creeks substitute it with a more sustainable

27 operating plan. In the ZRC, property is miners in Guamocó want gold to be 1. Sembrar Corporation, “Las resistencias en el Sur de Bolívar,” video, Bogotá, 2010, http://www.youtube.com/watch?v=qZ0LXzTbPrU. divided into Family Agricultural Units a source of life and not death. Above 2. Shameel Thahi Silva, “El Código de Minas: una de las rodillas temblorosas del Establecimiento, El caso de Guamocó,” Prensa Rural, 27 (UAF) and no one person can own all, they want land for peace and not March 2009, http://prensarural.org/spip/spip.php?article2080. more than one UAF, which prevents war; they want Guamocó to still be 3. Luis Carlos Pérez Lawyers Collective (CCALCP), “Informe segunda gira de fortalecimiento político, organizativo y creación de hermandades por la vida,” multinationals from acquiring considered “El Dorado” and, as in Bucaramanga, August 2008. 4. SINTRAMINERCOL, “Serranía de San Lucas Parte I,” video, Bogotá, 2010, large swaths of land to carry out the legend, a place where those who http://www.youtube.com/watch?v=ETl_iU6OhLM&feature=related. megaprojects.36 have access to the riches hidden in its 5. Luis Carlos Pérez Lawyers Collective (CCALCP), Op. cit. 6. Joaquín Villoria de la Hoz, “Economía y conflicto en el Cono Sur del According to the miners, if soil exploit them in a sustainable way. Departamento de Bolívar,” Bank of the Republic-Center for the Study of Regional Economies, February 2009. artisanal mining practiced are 7. Red Colombia, “Los intereses económicos en juego en el Sur de Bolívar,” continued, there is enough gold for http://www.redcolombia.org/publicaciones/libro/txtx/intereses.htm. 8. “Oro en Colombia: despojo y guerra para los pueblos,” La Direkta, via 400 or 500 more years.37 Small-scale Prensa Rural, 12 de agosto de 2010 , http://prensarural.org/spip/spip. php?article4448. 9. Interview with Narciso Veleño, FEDEAGROMISBOL, Cajamarca, 4 October 2011. 10. MiningWatch Canada and CENSAT-Agua Viva, “Land and Conflict: Resource Extraction, Human Rights, and Corporate Social Responsibility - Unrecognised Ethnic Communities Canadian Companies in Colombia,” Canada, September 2009. 11. Juan Camilo Maldonado, “En la Serranía no brilla el oro,” El Espectador, 7 January 2008, http://www.elespectador.com/impreso/cuadernilloa/ Gold, water, and the biological sick and many have left the area.38 actualidad/articuloimpreso-serrania-no-brilla-el-oro. 12. Magdalena Medio Peace and Development Programme, “Comunidades diversity of the mountains that However, they have no way to en resistencia Sur de Bolívar, parte 3,” video, 2009, http://www.youtube. com/watch?v=YmJ_pezorsU&feature=autoplay&list=PLF8307BEFFE9A62D5 make up this region are essential defend themselves because they &lf=results_video&playnext=1 parts of the material and cultural officially do not have right to those 13. Sembrar Corporation, “Nueva masacre en el Sur de Bolívar en medio del silencio cómplice de las autoridades,” 18 August 2011, http://www. foundations of life for the ethnic lands. dhcolombia.com/spip.php?article1049. 39 14. Pierre Shantz, “El costo letal de la minería,” Prensa Rural, 1 November minorities that inhabit this region. Maroon communities arrived 2011, http://prensarural.org/spip/spip.php?article6697. Several indigenous and Afro- in Guamocó fleeing slavery, in 15. FEDEAGROMISBOL, “Paramilitares avanzan en su recorrido por el Sur de Bolívar,” Urgent Action, September 2011. Colombian communities live in search of a far-away place that 16. Ibid. 17. Sembrar Corporation, Op.cit. Guamocó and the State does not was difficult to access so that they 18. Prensa Rural, A un mes del asesinato de Alejandro Uribe,” 25 October recognise the rights of either. might live in peace. Since then, 2006, http://www.prensarural.org/spip/spip.php?article93. 19. AHERAMIGUA, “Intento de asesinato contra Mauricio Sánchez, In the municipality of their descendants have lived and presidente de la Asociación de Hermandades Agroecológicas y Mineras de Guamocó,” 29 November 2010, http://www.prensarural.org/spip/spip. Montecristo, a place of interest worked in this region, and they too php?article4939. for mining, several Embera Katío lack collective, recognised territory 20. FEDEAGROMISBOL, Op. cit. 21. Colombia – Europa – United States Coordination - CCEEU, “Detenido communities have been affected by (see the article “Land, Water, and ilegal y arbitrariamente Defensor de Derechos Humanos de Guamocó,” 23 June 2011, http://prensarural.org/spip/spip.php?article6042. mining. They report that businesses Nature: Symbols of the State” in 22. PBI Colombia, “Guamocó: Rich in gold, poor in defending human rights, have arrived, levelled their villages, this bulletin for more information ColomPBIa, no.9, November 2008. 23. FEDEAGROMISBOL, Op. cit. and polluted their rivers. Some about the rights of Afro-descendant 24. Interview with Marcela Castellanos, CCALCP, Bucaramanga, 11 October 2011. indigenous people are becoming communities). 25. Ministry of the Environment, Housing, and Development, Resolution 0211 of 14 February 2011, Bogotá. Established a Forest Reserve Area along the Magdalena River. 26. Viloria de la Hoz, Op. cit. 27. Antígona Collective, “Comisión de verificación y acompañamiento a las comunidades de Guamocó,” video, Bogotá, 2011, http://www.youtube.com/ watch?v=g250hSx0soU&feature=related. 28. Interview with Alberto Peña, AHERAMIGUA, Vereda Marisosa, 2011. 29. Magdalena Medio Peace and Development Programme, “Comunidades en resistencia Sur de Bolívar, parte 2,” video, 2009, http://www.youtube. com/watch?v=DhGOrzXE188&feature=BFa&list=PLF8307BEFFE9A62D5&lf=r esults_video. 30. Luis Carlos Pérez Lawyers Collective, Op. cit. 31. Magdalena Medio Peace and Development Programme, Op. cit. 32. CCALCP, Op. cit. 33. Ibid. 34. Silva, Op. Cit. 35. Humanidad Vigente, “La historia de la Zona de Reserva Campesina del Valle del Río Cimitarra,” 22 October 2010, http://www.humanidadvigente. net/index.php?option=com_content&view=article&id=134:lazona-de- reserva-campesina-del-valle-del-rio-cimitarra&catid=20:publicaciones&Item id=25; see also: Peace Brigades International, Peasant Farmer Association of the Cimitarra River Valley Press Kit, http://www.pbi-colombia.org/fileadmin/ Photo: PBI user_files/projects/colombia/files/press_kits/100625ACVC.ingles.pdf. 36. Ruta América, “Zona de Reserva Campesina, una nueva esperanza,” 14 June 2011, http://rutamerica.wordpress.com/tag/zona-reserva-campesina/ 37. MiningWatch Canada, Op. cit. 38. Interview with Marcela Castellanos, Op. cit. 39. Rebel slaves were called “cimarrones” [maroons]. Some of them were fugitives, living a life of freedom in separated corners of the city or in the countryside.

Small-scale miners in Guamocó want gold to continue to be their life’s work.

28 Cauca: The illegal take of La Toma Photo: Jonathan Luna Photo: Jonathan

The 1,300 Afro-descendant families that have lived here since the beginning of the 17th century have traditionally worked in agriculture, fishing and, above all, artisanal gold mining.

n the banks of the rivers In Suárez, more than 10,000 of the Interior explained away the that lap the ground of La hectares of land have already government’s certification that there Toma (Suárez municipality, been granted to individuals and were no communities in this town as in northern Cauca; the multinationals.2 Between 2000 “an error of fact.” PCN is comprised nameO literally means “The Take”), and 2009 a total of 14 gold mining of ethno-territorial organisations strong and hard-working men and concessions were granted.3 One that share the goal of defending the women of all ages pan the waters of them belongs to businessman human rights of Afro-Colombian looking for gold. The 1,300 afro- Héctor Jesús Sarría, who obtained a communities living in the midst of the descendant families that have lived concession for gold mining operations armed conflict.6 here since the beginning of the 17th on 99 hectares between 27 June century traditionally have worked in 2007 and 26 June 2017.4 Who are the true agriculture, fishing, and especially owners? 1 No prior consultation artisanal gold mining. More than just One of the most difficult problems a trade, artisanal mining has become Despite the fact that Law 70 of the community has had to confront an art of subsistence passed from 1993 requires prior consultation with in defending its lands is the fact generation to generation. But large afro-descendant communities, this that they do not possess collective companies and individuals hoping to procedure was not followed in the titles—a right recognised by the mine gold in the area disrupted the case of La Toma.5 Eliana Antonio, aforementioned Law 70, but one that artisanal mining lifestyle several years a lawyer for Black Communities the community has not been able to ago. Process (Proceso de Comunidades enforce.7 Negras, PCN) recalls how the Ministry

29 were not for the international attention The heart of the war we have received, they would have killed everyone,” says Lisifrey Araraf, It is for good reason that northern an Afro-descendant leader from La response has been to intensely 14 Cauca in southwest Colombia Toma who also received threats. militarise the zone.32 In July Admiral is described as the heart of the Édgar Cely, commander of the Legal victory for the country’s conflict and the epicentre Military Forces, transferred his communities of its war.28 Throughout 2010, the main office to Cauca,33 and the High FARC harassed the resident of Since Héctor Jesús Sarría Mountain Battalion No. 8 Coronel municipalities in northern Cauca obtained his license to mine gold José María Vesga, comprised of 42 times29 and 33% of the early through an “error,” he has attempted 800 soldiers, established a base in warning alerts issued by the Human to exercise his mining right in these the mountain region of Tacueyó.34 Rights Ombudsman for the whole lands, demanding that Ingeominas In November 2011, soldiers from country in 2010 were focused on (Institute of Geology and Mining) the National Army killed the chief of Cauca. The alerts report some level and the mayor of Suárez evict the FARC Secretariat, alias “Alfonso of risk in 65% of the territory and the inhabitants of the area.15 The Cano.”35 The indigenous community in 45% of the municipalities in community would not consider rejected both the FARC attacks and Cauca.30 At the beginning of July of leaving their ancestral lands, and so the occupation of their lands by the this year there were six attacks by between 2009 and 2010 the entire Colombian Armed Forces.36 the FARC31 and the government’s population of La Toma confronted three separate eviction orders.16 But this has not been easy: “If we have to march, we will march. If we have to go to a forum, we will go to a forum. If we have to make a documentary, we will make a documentary. [We are] resisting,” says Araraf with a strong and hopeful voice.17 When the mayor of Suárez Photo: Jonathan Luna Photo: Jonathan ordered the last eviction in May 2010, the community filed for a writ of protection. One year later, in April 2011, the Constitutional Court recognised the rights of the community and suspended Sarría’s mining license and all others that had not been previously presented to and accepted by the community. In addition, the Court ordered Ingeominas to refrain from granting mining concessions in La Toma until prior consultations are Over the last two years, the Association for Social Investigation and Research conducted.18 (Asociación para la Investigación y Acción Social - Nomadesc) has accompanied This would appear to be a happy the mining community of Suárez, helping to strengthen their organisational process and publicising the problems that affect them. PBI has accompanied ending. But as Jorge González, another Nomadesc since November 2010. leader from La Toma, observes, “one cannot trust [so easily] and we are However, the community sees Mining, killings, and not so gullible. Those people have a strategy and whenever one of them the 400 years they have spent mining threats in Suárez here as reason enough to recognise disappears, another arrives and ends 19 their rights to it. According to the Though slavery ended long up taking power.” lawyer Jorge Reales, who has assisted ago in Suárez, violence has not. But thanks to the resistance of the community, “these mines The Revolutionary Armed Forces of local miners, the businessman has not 20 were given to the Afro-Colombian Colombia (FARC) have maintained a been able to begin his gold mining. families who were enslaved and then constant presence in the region in The fact that the community has been 10 freed. They were given to them in recent years, and the paramilitary able to resist in the midst of threats recognition of their time worked.”8 group “Black Eagles” arrived in from the Black Eagles makes this 11 Convention 169 of the International October 2009. Then, in April 2010, achievement even more impressive. Labour Organisation (ILO) establishes unknown persons assassinated eight “Since the moment pressure about self-identification as a fundamental Afro-descendant miners that had mining began, threats, selective 12 criterion for characterising indigenous arrived in La Toma in search of gold. killings, and displacements have peoples and tribes.9 Just a few days later, mining leaders increased,” explains Araraf. began to receive threats in the form of pamphlets and calls to their mobile phones from the Black Eagles.13 “If it

30 Traditional practices are changing gradually. People from other regions have started arriving and using more profitable mining methods that use cyanide and mercury, chemicals harmful to human health. Photo: Jonathan Luna Photo: Jonathan

1. “La Toma por el oro,” La Silla Vacía, 21 August 2010, http://www. lasillavacia.com/historia/17457. 2. Ibid. 3. Interview with Jorge Reales, Corporación Sembrar, Bogotá, 15 July 2011. 4. Ruling T-1045A/10 of Colombia’s Constitutional Court. 5. Eliana Antonio, Black Communities Process (PCN), “La disputa por los recursos naturales en los territorios afrocolombianas,” FORO MINERÍA Y DERECHOS HUMANOS, 3 May 2011. 6. Ibid. 7. “La Toma por el oro,” La Silla Vacía, 21 August 2010. 8. Interview with Jorge Reales, Corporación Sembrar, Bogotá, 15 July 2011. explains Plutarco Sandoval, leader of 9. International Labour Organisation on Indigenous and Tribal Peoples, No. Traditional mining 169, 1989. Black Communities Process. “Large- 10. “Oro, violencia y muerte en Suárez, Cauca,” Semana, 8 April 2010. It’s not just businesspeople 11. “La gran minería tendrá que consultar a los mineros artesanales,” scale mining is not sustainable. We and illegal actors that try to limit CODHES, 27 April 2011. have to be crazy to eliminate our 12. “Oro, violencia y muerte en Suárez, Cauca,” Op. cit. traditional forms of survival in La 13. Ibid. water sources, our natural resources. 14. Interview with Lisifrey Araraf, La Toma community leader, La Toma, Toma. “The State itself has greatly Colombia, 27 July 2011. […] It makes no sense to end life for restricted mining activity through 15. “La Toma por el oro,” La Silla Vacía, 21 August 2010. money.”24 16. Eliana Antonio, Black Communities Process (PCN), “La disputa por los what they call ‘safe mining,’” says recursos naturales en los territorios afrocolombianas,” FORO MINERÍA Y However, the sad reality is DERECHOS HUMANOS, 3 May 2011. dice Lisifrey Araraf. “We had to turn 17. Interview with Lisifrey Araraf, Op. cit. that the threats continue. In July over the explosives [used for gold 18. Ruling T-1045A/10, http://www.corteconstitucional.gov.co/ 2011, Aníbal Vega, currently the relatoria/2010/t-1045a-10.htm. mining] which means that one now 19. Interview with Jorge González, La Toma community leader, La Toma, 27 legal representative of the La Toma July 2011. has to [break the rock by hand] for 20. “La Toma por el oro,” Op. cit. Community Council, reported that 18 months, like what happened to us 21. Ibid. he received a threatening phone call 22. Cyanide is a substance used these days to separate mineral particles this last time, and at this rate we will from rock. When it comes into contact with living beings, it can have very serious effects on health and the environment. The level of danger depends 21 in which the caller referenced his not be able to survive.” on the chemical form it takes. Exposure to high levels of cyanide for short opposition to a project to reroute the Traditional practices are changing periods of time causes brain and heart damage in humans and can lead Ovejas river—a river essential to the to a comatose state or death. For more, see “La minería: ¿Beneficio para gradually. Francia Márquez of the La Guatemala?” PBI Guatemala Project magazine No. 21, 2010. survival of the black communities of La 23. Interview with Francia Márquez, La Toma Community Council, 6 October Toma Community Council notes that 2011. Toma.25 Márquez maintains that since people from other regions have started 24. César Rodríguez Garavito, “La disputa por los recursos naturales en los filing the writ of protection, threats territorios afrocolombianos,” Bogotá: Ediciones Uniandes, 2011. arriving and using more profitable 25. Renacientes PCN Colombia, “Nuevas amenazas para líderes del PCN y al representante legal del Consejo Comunitario de La Toma,” 18 July 2011, 22 have increased against leaders of the mining methods that use cyanide http://renacientes.org/index.php?option=com_content&view=article&id= Community Council to the extent that and mercury that “are harmful to us, 792:nuevas-amenazas-para-lideres-del-pcn-y-al-representante-legal-del- they now receive threats every fifteen consejo-comunitario-de-la-toma&catid=1:ultimas-noticias&Itemid=128 26. Interview with Francia Márquez, Op. cit. most of all to us women who give 26 days. 27. Interview with Lisifrey Araraf, Op. cit. birth. We are going to give birth to 28. Alfredo Molano, “En el corazón del conflicto,” El Espectador, 16 July Nonetheless, Lisifrey Araraf deformed children,” she laments.23 2011. insists that the Court’s decision 29. Ariel Fernando Avila Martínez, “De la guerra de “Jojoy” a la guerra de It cannot be denied that small-scale ‘Cano,’” Corporación Nuevo Arco Iris, April 2011. recognizes them as ancestral miners 30. Ibid. mining also affects the environment. 31. “Cuatro muertos y 63 heridos en ataques de la guerrilla en el Cauca,” El and that now they need to be Some miners use highly toxic Tiempo, 25 July 2011. recognised as such. She says that the 32. “En diciembre de 2009 el Ejército trasladó el Comando de la Tercera chemicals like cyanide and mercury in División desde la ciudad de Cali a Popayán,” The Armed Forces of most important challenge that they Colombia, Medidas adoptadas por el Ministerio de Defensa para el an irresponsible manner and, because Departamento de Cauca, 11 April 2011, http://ccai-colombia.org/files/ face “is to get the State to respect of this, small-scale mining can also be primarydocs/091111cauca.pdf%20 the Court’s decision.”27 The resistance 33. “Comandante de las FF.MM. despachará desde el Cauca tras arremetida damaging to the environment, says guerrillera,” RCN Radio, 11 July 2011. in La Toma has prevented the arrival 34. “Batallón de Alta Montaña fue activado en Cauca,” El Colombiano, 27 Reales. The water in the rivers of July 2011. of multinationals until now and, as a Suárez is copper coloured. However, 35. “Éxito de Operación Odiseo, muerte de ‘Alfonso Cano’,” El Espectador, result, the communities have been 5 November 2011. the overall effects are less severe 36. Regional Indigenous Council in Cauca (CRIC), “Pronunciamiento de able to remain on their land and assert los pueblos indígenas del Cauca,” 12 October 2011, http://cric-colombia. compared to large-scale mining. “It org/index.php?option=com_content&view=article&id=570%3A- their traditional way of life. pronunciamiento-de-los-pueblos-indigenas-del-cauca-terminar-la-guerra- makes no sense to compare large- defender-la-autonomia-reconstruir-los-bienes-civiles-y-construir-la- scale mining and artisanal mining,” paz&Itemid=91

31 Coal for the world, setbacks for La Guajira Photo: PBI

uis Antonio Duarte was of Chancletas, doubts that many to local legal authorities to obtain the offered three million pesos farmers can survive in the new appropriation—1,200 Afro-Colombian (USD 1.500) for his small place, many have already headed residents of the agricultural town of mud house where he and there. Luis Antonio confesses that he Tabaco were evicted and their town hisL family had lived all their lives.1 Luis already sold one farm after front men destroyed.4 As Páez reports, the lives in a peninsular department in threatened to start legal proceedings police beat him unconscious as he northeast Colombia called La Guajira, to expropriate the land.2 tried to defend his home. He would in the middles of the largest coal strip This all began at the beginning of later need 56 stitches in his head.5 mine in the world—El Cerrejón. the 1980s when the Intercor mining Tabaco is one of the most “What does one do with three company arrived in La Guajira and notorious and dramatic cases of million pesos?” asks Luis Antonio. began the El Cerrejón project. At evicting a community to make room In Chancletas, the town of afro- that time, inhabitants believed that for a mining company. In this case, descendant subsistence farmers coal mining in their land would bring “one can clearly see the effect of where he lives, there are already great benefits and little by little the lobbying by the State and the company several demolished houses that communities turned their lands over in the land eviction,” says Dora Lucy El Cerrejón has purchased. Other to the mine—which today covers Arias of the José Alvear Restrepo neighbours of Luis Antonio have approximately 70,000 hectares— Lawyers Collective, an organisation accepted the relocation offer and the highway, the railroad, and a that has accompanied and advised left. In Nueva Chancletas, as the new port to ship coal to Europe and the communities affected by El Cerrejón.6 village is called, they will have to learn United States. Soon thereafter, the Despite the fact that Colombia’s to grow crops in small lots of arid communities realised they had made Supreme Court ordered the town be land rather than the vast plots that a mistake.3 rebuilt in May 2002, the Government they once had at their disposal. There Ten years ago, 76 year-old Emilio has yet to comply with the ruling.7 is even more pollution there, as the Páez, a strong man with sad eyes Former residents of Tabaco today live strong winds of the peninsula bring who once owned large tracts of land in uncertainty, dispersed throughout in dust from the coal mine. And while and 350 cattle, lost his livelihood. By La Guajira and Venezuela, awaiting Wilman Palmezano, representative order of a judge in Barrancas—the their resettlement.8 to the Community Action Committee owners of El Cerrejón had appealed

32 IN NUMBERS

89,000 tonnes of The Colombian 70,000 indigenous 70% of the 900 million tonnes coal produced daily Government has persons from population of La of coal reserves by the mine. received $1.461 La Guajira and Guajira lives in exist in La Guajira. billion in royalties its neighbouring poverty. from El Cerrejón department Cesar over the last 25 have been displaced years. by mining operations

Indigenous Wayúu suffer irreparable damage from coal mining A mere 20 minutes from Chancletas travelling by car over a dusty dirt road, with a view of vast and arid mountains and passing dump trucks five stories high and with wheels two metres in diameter, is the indigenous Wayúu reserve, El Map: Fidel Mingorance, HREV Provincial. The Wayúu people have inhabited La Guajira since before the 1499 European invasion of the area.9 A pleasant breeze blows through the wide room covered with palm thatch roof in Mireya Gauriyú’s house. Large, colourful chinchorros (hammocks) are hung from the wooden beams. Despite the fact that the Rancherías River (the most important to the peninsula) is just a few minutes away, the community of 120 families suffers from a lack of water because the neighbouring coalmine has polluted the river.10 Gauriyú’s family is fortunate because they are able to buy water in the city, but the majority of the Wayúu inhabitants must drink polluted water and, as a consequence, they suffer diarrhea and skin rashes.11 In the last 30 years, everything has changed for residents of Provincial. They once grew yucca, beans, and plantains; hunted rabbits and iguanas; and lived off of goat herding. Little by little, El Cerrejón bought the lands of the small-scale farmers in the area around the reserve where the Wayúu families raised and fed their Today Colombia is the largest producer of coal in Latin America, and the tenth animals. Now there is no longer land largest in the world. This map depicts indigenous territories and coal extraction for planting or pasturing.12 Before, the per department in 2010. Wayúu were free to travel throughout their land.13 Today the coal mountains are covered with numerous signs that say “Cerrejón: Private Property.” Before, the Wayúu were free to travel throughout Privatisation of the land has limited the mobility of indigenous peoples. their land

33 Female Nomads The Wayúu woman traditionally focused her work on artisanal crafts and raising and educating her Photo: PBI children.41 She has been the means of communicating knowledge from generation to generation. Today, many women are left without land and have had to leave for cities where there is no real possibility to support themselves in the way they know how.42 The quality of food is incomparable: many women “grow accustomed to eating ‘Bimbo’ brand bread and soda pop, even though they were once accustomed to eating fish, plantain, yam and fruit,” says Dora Lucy Arias. They have to find ways to feed their children because they no longer have traditional food sources. After eviction, women end up having to adopt a nomadic existence. Photo: PBI

It is 150 kilometres from the mine to the port from where coal is shipped. In order to build the road and railroad and ship the coal, sacred places were opened and cemeteries moved, as if they were any old material object.43 Photo: PBI

As a traditional authority figure, Valentín Ortiz, 76, knows the history of the Wayúu ancestors, language, laws, and culture. Together with traditional healers, he used to walk to Cerrejón Mountain, which today belongs to the mining company and bears the name of the coalmining project. These traditional healers would walk in search of traditional plants to cure members of their communities. Healers still cure patients, but with traditional plants brought from faraway places that have to be purchased in local markets.

34 If a cow or goat wanders onto the Residents of Chancletas suffer produced brings with it environmental mine’s property, it is lost; the owner a similar fate. Luis Antonio stands in degradation and illnesses. Indigenous will never be able to get the animal front of his Honda motorcycle with his fishermen living in the area near the back.14 and his wife Rosmira’s names painted port had to leave due to the coal The community is dedicated to over the red lacquer. For lack of other dust brought in by strong winds.26 negotiating its relocation because work, he now supports his family The reserves are surrounded by dust of the pollution and because they working as a motorcycle taxi driver. and noise.27 According to inhabitants are being forced to abandon their Others migrate seasonally to the of the reserves, the coal industry traditional means of subsistence. But large cities in search of work and send pollutes the air, soil, and water its residents know what happened remittances back to their families. For sources.28 There are several studies when the Chancletas community was Wilman Palmezano, president of the that have been carried out regarding relocated, and they want to make sure Community Action Board, excluding the health impacts of pollution. Two they acquire land suitable for raising residents who live on the periphery doctors confirmed in a report that animals and growing food. of the mine is part of the company’s the presence of coal particles in The mine’s current owners—BHP strategy to negotiate the residents’ the air contributes to illnesses and Billiton (Australia), Anglo American relocation while they have “an empty premature death.29 The reports agree (UK) and Xstrata (Switzerland)— stomach.”21 that a large number of people suffer produce 32 million tonnes of coal For some leaders, representing from respiratory problems, stomach annually (89,000 tonnes per day)15 and their community and negotiating with pains, diarrhea and skin disorders.30 announced a few months ago that the company has led to threats and Nowadays women suffer illnesses they intend to increase production to persecution.22 Wilman Palmezano that they have never experienced 40 million tonnes annually by 2015.16 endured verbal threats and before: cervical, breast, and stomach In order to do this, they will need psychological pressure from 2009 to cancer. “You never saw this before in more land and water, and it is for this 2011. In 2009, unknown men followed La Guajira,” asserts Angélica Ortiz.31 reason that they want to reroute the him to his house at night and so for Rancherías River. But they first need two months he slept elsewhere out of Prior consultation the indigenous and Afro-descendant fear. He confirms that the last threat The coal bonanza hasn’t stopped in communities’ approval via a prior he received came from a worker for La Guajira. As El Cerrejón prepares for consultation process. the mining company in August of this its expansion, two other transnational The Wayúu of Provincial do not year, during the 10th anniversary of companies have expressed their want the river rerouted, nor do they the eviction of Tabaco community. interest in the region. The Brazilian want mining operations expanded. Wilman’s is not an isolated company MPX announced this year “Our grandparents came here case. Several community leaders that they intend to begin exploration because they saw this river; this have denounced the constant and to build a railroad and port in La is why the community grew,” says persecutions, defamatory Guajira.32 In addition, the Canadian a resident.17 The Wayúu want the statements, and threats against company Pacific Coal purchased a coal coal companies to compensate the them, the cause they represent, and mine in the municipality of Barrancas communities for the damage caused their own lives.23 Frequently, “the this year.33 over the last 30 years. company pays part of the community, Convention 169 of the ILO Besides, the Wayúu would members of the Community Action establishes that arrivals of new be hard pressed to get work at El Committees, to create divisions and companies and expansions of existing Cerrejón, as the company prefers to build new ‘leaders’ separate from the mining projects must be presented hire foreign workers. In fact, only 1% democratically-elected leadership.”24 to the community (see article in this of the work force at El Cerrejón is Wilman tells how the coal company bulletin “Land, water, and nature: from the Wayúu community,18 despite offered him as much as 2.5 billion Symbols of the State”). The El Cerrejón the fact that 45% of the population of pesos (1.3 million dollars) if he would project should have also carried out the department is indigenous.19 “leave the community.”25 a consultation.34 The initial impact Jairo considers himself fortunate For Wayúu leader Angélica Ortiz, assessment carried out by El Cerrejón because he has worked in the mine for it is clear that the company has in 1982, when the coal mining started, more than a decade.20 “Entering the continued to use the same strategies only considered environmental mine is a privilege,” he recognises. His over the years to usurp coal-rich lands: aspects and never took into account family receives subsidised education the enclosure of rural communities the indigenous communities,35 and as for his children. Many Wayúu youths by limiting the population’s mobility; a result, potential negative impacts on want to follow Jairo’s example, but the purchase and privatisation of the population were never properly few are able to pass the entrance surrounding lands to impact the small- calculated.36 In meetings with the exams. With the destruction of their farmer economy; buying off leaders; communities, lawyer Dora Lucy traditional modus vivendi (fishing, and dividing communities. Arias never tires of repeating the agriculture, pasturing) they are left Environmental importance of guaranteeing a process without work. Jairo understands the of true, transparent, and informed resentment and frustration of his degradation and consultation in good faith. “Plans neighbours. For him, the company illness need to be made for 10, 20 years should, “give work preference to the Damage to the environment into the future and one has to think Wayúu community because they are is irreversible. Each tonne of coal about how to remain on the land,” she affected so directly.” advises the residents of Chancletas.

35 Fundación Dos Mundos/OACNUDH Fundación Photo: Natalia González/Francisco Forero, Forero, Photo: Natalia González/Francisco

Indigenous fisher people living in the area near the port had to leave due to the coal dust carried in by strong winds.

Residents of the reserve feel 11 March 2011, http://www.noalamina.org/mineria-latinoamerica/mineria- colombia/comunidades-exigen-respeto-por-parte-de-mina-cerrejon. 1. Interview with Luis Antonio Duarte Carillo, Chancletas community, 25 23. “Comunidades del área de influencia de la explotación del complejo that the Government and the mining October 2011. carbonífero Cerrejón en Jurisdicción del municipio de Barrancas exigen 2. Interview with Wilman Palmezano, President of the Chancletas company have abandoned them. respeto a sus derechos,” Reclame Guajira, 7 March 2011, http:// Community Action Board, 25 October 2011. reclameguajira.blogspot.com/2011/03/comunidades-del-area-de-influencia- Although the Colombian Government 3. Remedios Fajardo Gómez, “Violación sistemática de los derechos de.html. humanos,” Aviva Chomsky et al. Bajo el manto del carbón - Pueblos y 24. “Pobladores afectados por Cerrejón buscan soluciones justas en Europa,” has received $1.461 billion in royalties multinacionales en las minas de El Cerrejón, Colombia, Bogotá: Casa Editorial ASK, 19 October 2009, http://www.askonline.ch/fileadmin/user_upload/ 37 Pisando Callos, 2007. over the last 25 years, La Guajira has documents/Thema_Wirtschaft_und_Menschenrechte/Bergbau_Rohstoff/ 4. Ibid. Cerrejon_Xstrata/InformePublico.pdf. one of the highest rates of poverty 5. Interview with Emilio Páez, former resident of Tabaco, 26 October 2011. 25. Interview with Wilman Palmezano. Op. Cit. 6. Interview with Dora Lucy Arias, José Alvear Restrepo Lawyers Collective, 26. Weidler Guerra Curvelo, “Las comunidades indígenas de La Guajira ante (70%) and insufficient services Bogota, 10 October 2011. el proyecto carbonífero de El Cerrejón,” Chomsky Op. cit. 7. Armando Pérez Araujo, “Informes sobre derechos humanos y salud – una for health, education, and basic 27. Robert Dover, et al, “Impacto de la explotación minera del carbón en las visión legal sobre el caso de Tabaco,” Chomsky, Op. cit. 38 estructuras socio-culturales de los indígenas del sur de la Guajira,” Chomsky, sanitation. Investment from the 8. Interview with Samuel Arregoces, leader and former resident of Tabaco, Op. cit. 26 October 2011. 28. Ibid. Comprehensive Assistance Plan for 9. Deborah Pacini Hernánez, “Estudios socio-culturales y ambientales - 29. W. T. Whitney, et al, “La salud y la solidaridad con servicios de salud,” Impacto a la mina de El Cerrejón sobre la comunicad Wayúu,” Chomsky, Op. Indigenous Communities between Chomsky, Op. cit. cit. 30. Claudia Llantén, “Las condiciones de salud en cinco comunidades de La 1982 and 2002 was approximately five 10. High traces of ammonium nitrate from the explosives plant have been Guajira,” Chomsky, Op. cit. found, in addition to water containing grease, oil, gas, and coal mineral from 31. Angélica Ortíz, “El impacto del Cerrejón en la vida de las mujeres,” Foro million dollars—the equivalent of two washing mining equipment. Jaime Ernesto Salas Bahamón, “El Cerrejón y sus Mujer y Minería, 12 October 2011: Bogotá. 39 efectos: Una perspectiva socioeconómica y ambiental,” June 2004. and a half days of coal production. 32. “MPX confirma la apertura de nueva oficina en Riohacha,” El Pilón.com, 11. Interview with Provincial health promoters, 26 October 2011. 7 May 2011. It is estimated that 70,000 indigenous 12. Interview with Jaime Enrique, legal representative, Provincial reserve, 26 33. “Pacific Coal espera alcanzar una producción de 3,6 millones de October 2011. toneladas de carbón en 2014, Concentra Inteligencia en Mina,” Concentra, persons from La Guajira and its 13. Interview with Óscar Guariyú, resident of Provincial, 26 October 2011. 31 August 2011. 14. Angélica Ortiz, “El impacto de El Cerrejón en la vida de las mujeres,” Foro neighbouring department Cesar have 34. Interview with Dora Lucy Arias, Op. Cit. Minería y Mujer, 12 October 2011. 40 35. Pacini Hernándz, Op. Cit. been displaced by mining operations. 15. “El Cerrejón, el coque y el conflicto laboral,” Desde Abajo, 22 March 36. Guerra Curvelo, Op. Cit. 2011. 37. Benson, Op. Cit. “What will become of our 16. “Cerrejón va por más carbon,” El Espectador, 29 August 2011, http:// 38. Ibid. www.elespectador.com/impreso/negocios/articulo-295371-cerrejon-va-mas- grandchildren?” asks Valentín Ortiz. 39. Jaime Ernesto Salas Bahamón, “El Cerrejón y sus efectos: una perspectiva carbon. socioeconómica y ambiental,” Chomsky, Op. cit. The Wayúu and Afro-descendants are 17. Interview with Óscar Guariyú, resident of Provincial, 26 October 2011. 40. “La locomotora minera en Colombia,” Interview with Joan Martínez Alier, 18. Allison Benson, “La Guajira y El Cerrejón: Una historia de contrastes,” Contravía, 17 September 2011. worried that they will be left without Revista Económica Supuestos, Universidad de los Andes, Bogotá, 1 February 41. Angélica Ortiz, “El impacto del Cerrejón en la vida de las mujeres,” Foro 2011. their “Guajira.” When the coal is Mujer y Minería, 12 October 2011: Bogotá. 19. William Manuel Vega Vargas, “Las huellas del Capital transnacional en 42. Interview with Dora Lucy Arias, Op. cit. gone, the physical and social impacts Colombia. Estudio de tres casos: Nestlé, Cerrejón LLC y British Petroleum,” 43. Fajardo Gómez, Op. Cit. Ed. Observatorio Social de Empresas Transnacionales Megaproyectos y will remain. For these communities, Derechos Humanos, 2008, ISBN: 978-958-8395-05-0. the future lies in strengthening their 20. Name changed at the request of the interviewee. 21. Interview with Wilman Palmezano, Op. cit. cultures in order to defend their land 22. CCAJAR, “Amenazado de muerte Joe Jeferson Arregoces, presidente de la Junta de Acción Comunal de Roche, representante de la comunidad and in finding alliances to be able to en las negociaciones con Cerrejón,” 19 January 2010, http://www. confront these problems together. colectivodeabogados.org/AMENAZADO-DE-MUERTE-JOE-JEFERSON; “Comunidades exigen respeto por parte de mina Cerrejón,” No A La Mina,

36 The U’wa people: Defending the blood of mother earth Photo: Julián Montoni Photo: Julián

A significant impact of the oil industry has been the exacerbation of armed conflict in the regions where it operates.

As long as the U’wa people able to maintain its traditions despite semi-nationalised company Ecopetrol, exist and have knowledge continuous attempts to colonise it. the Canadian company Talisman, and and power, we will not Nonetheless, the U’wa people have Tempa, a subsidiary of French giant give up our struggle. If we lost a large part of their ancestral lands Total.3 “could not do this, we would commit over the centuries2 and what remains In an interview with Semana collective suicide because seeing our is under threat from the recent arrival Magazine, the president of Hocol mother earth profaned in this way is of oil companies attracted by possible indicated that the company had very serious and very sad.”1 reserves of ultra light crude oil. drilled two exploratory wells inside These are the words of Henry the concession this year with the Salón, an indigenous U’wa from the Oil exploration in intention of expanding the field Chaparral-Barro Negro reserve in the U’wa territory between 2013 and 2017.4 The first northwest department of Casanare. The U’wa people are an step for the consortium will be to Together with the neighbouring indigenous nation of communities conduct seismic tests, which consists reserve of Sabanas de Curipao in in the departments of Casanare, in strategically opening a grid of Arauca, the U’wa territories add Arauca, Boyacá, Santander and lines throughout the territory at the up to 35,000 hectares that extend North Santander, with a cultural ends of which they will drill holes from the vast planes of the Orinoco view of the world inextricably linked and detonate explosives every 100 river valley to the peak of the Sierra to ecological balance and a means metres to determine appropriate sites 5 Nevada de El Cocuy. They are home to of sustenance dependent on the for future wells. This process involves 6 approximately 500 people and contain biological resources of their lands. serious damage. diverse ecosystems, innumerable But the reserve where Salón lives is flora and fauna, many water sources located inside the Niscota block, an and an indigenous culture that oil exploration concession operated survives off of nature and has been by Hocol, a subsidiary of Colombia’s

37 Photo: PBI

Each year, the U´wa community comes together to commemorate the death of indigenous leader Álvaro Salón, a charismatic leader of the U´wa people of Casanare. Salón was recognised for his struggle to recover ancestral lands and this, say the U’wa, is why he had to die. Photo: Julián Montoni Photo: Julián

“Western science has still not calculated the total effect of exporting mineral resources like oil, gold, coal and emeralds. They are particles from mother earth. All these riches are particles and bones like in the system of a human being. If they take my arm, my bone, obviously I’m going to be left an invalid.” -Henry Salón Photo: Julián Montoni Photo: Julián

The U’wa community seeks to strengthen its leaders and its culture. Today they are reclaiming the use of their native language. Many leaders are speaking it again, and soon, the community will begin to educate their children in both U’wa and Spanish.

38 Consequences for the the 1990s with funding from oil in the history of the country were U’wa people companies, precisely for the purpose discovered in the 1990s in Cupiaguas of protecting industrial infrastructure and Cusiana. Within a short period, It is impossible to deny the drastic from the threat of guerrilla groups.11 In this municipality was living through an environmental and cultural effects the recent years the Armed Forces have era of terror caused by violent fighting oil industry could have on a culture installed heliports and military bases between illegal groups. According to like that of the U’wa. In addition to the in sacred places within the U’wa the confessions of former paramilitary obvious effects of seismic exploration, reserves of Chaparral and Curipao commanders, hundreds of civilians the arrival of oil companies would also without consulting the community. who had no ties whatsoever to the entail felling trees; building platforms, This entails, according to Salón, not illegal groups were tortured and pools, wells, stations and oil pipelines only a deep cultural violation, but also disappeared during these conflicts.18 and roads; depleting water sources; a significant increase in combats in Taking people in broad daylight with pollution from spills and waste; collective territory, environmental a car from the mayor’s office in particles in the air; and noise and light damages like extensive fires caused collaboration with local police became 7 from natural gas combustion. The by aerial bombardments and more a daily occurrence.19 It is not surprising jungle is the primary source of food, encampments lined with land mines.12 that the people disappeared were medicine, and spirituality for the U’wa At the same time, the arrival of frequently social leaders advocating culture. But the issue goes far beyond the oil industry to small municipalities for local investment of oil profits or local damage. According to local in Casanare has brought with it the improved working conditions. inhabitants, oil extraction affects the arrival of illegal groups looking to balance of nature on a global scale. profit from oil royalties. Despite the The history of The U’wa people emphasise the increased FARC and ELN presence violence repeats itself vulnerability of ground ecosystems since the end of the 1980s, no one on indigenous land to climate change and criticise an group has managed to control the The U’wa people of Casanare economic model that relies on oil, oil industry as they were able to in have already experienced the tragedy which they consider the blood of northern Arauca.13 At the same time, and violence of the oil industry. mother earth. AUC paramilitaries appeared with In 2007 Álvaro Salón, governor of Social and economic impacts force in the department coming in the Chaparral-Barro Negro reserve to the region would be even more from Meta, where they prospered where people organised against the drastic. In similar situations, the oil from drug trafficking, and from oil companies, died in extremely industry has been accompanied by a Boyacá, where they had mined suspicious circumstances in an great migration of people and increase emeralds from mountains there.14 explosion just a few metres away in alcohol consumption, prostitution, These groups exerted strong political 8 from members of the National Army and gambling. But even more influence in Casanare and therefore Battalion No. 29 “Heroes of Alto damaging is the profound change to controlled the flow of direct royalties Llano”.20 In the 1998 massacre of economic models and ways of life and those royalties managed by the Cabuya, five people were killed, one once farmers stop cultivating the land National Royalties Fund, 67% of which of whom had refused an offer of and lose their cultural traditions and went to Casanare between 1996 and 9 money in exchange for facilitating the means of sustenance. Companies 2002.15 In June of this year a court in arrival of oil exploration in the area.21 publicise the increased employment Cundinamarca convicted six former Two former soldiers were convicted and quality of life that they would mayors, all from oil municipalities, for aggravated homicide in relation to bring, but in other parts of Casanare for signing the “Casanare Pact” of these acts.22 Both battalions involved oil companies have offered just a 2003 in which they promised 50% of in these crimes are part of the few contracts of, at most, 28 days their municipal budgets to the AUC.16 aforementioned 16th Brigade. as a way to divide communities by Moreover, León Valencia, Director of creating competition for the scare the New Rainbow Corporation (an The Constitutional opportunities.10 NGO that investigates activities of Court halts oil This is not the first time that foreign oil drilling in Arauca companies’ interests in U’wa territory have This is not the first time that foreign oil companies’ interests in conflicted with the will of its inhabitants U’wa territory have conflicted with the will of its inhabitants. In the 1990s Oil, armed conflict, a license was awarded to Occidental illegal armed groups in Colombia), Petroleum in an U’wa reserve and violence in reported in May 2011 “all political in Arauca Department without Casanare candidates from Casanare had political prior consultation. The indigenous 17 In addition to environmental, connections to paramilitaries.” community filed a writ of protection social, economic, and cultural The frightening impacts of against the company’s presence in impacts, another considerable effect paramilitary activity on the political the territory and, following years of the oil industry has been the landscape of the department are of debate, the Constitutional Court exacerbation of the armed conflict in well understood in Aguazul, a small issued an historic ruling blocking the region. The 16th Brigade, located municipality in Casanare where two oil drilling for lack of adequate in Yopal, Casanare, was created in of the most productive oil wells consultation.23

39 Photo: Julián Montoni Photo: Julián

PBI accompanies the Committee in Solidarity with Political Prisoners and the Social Corporation for Community Advisory and Training Services, organisations that support and advise the U’wa community. Seventy per cent of all oil currently produced in the country comes from Casanare, Arauca and Meta.25

spaces for exchange between “We are a territorial entity. neighbouring communities, both 1. Interview with Henry Salón, U’wa leader from Chaparral-Barro Negro, The Constitution and international indigenous and small-scale farmer, May 2011. and a national support network. 2. Javier Giraldo, “Los U’wa por el derecho de no ser vendidos,” Desde los conventions recognises this…but márgenes, November 1997, http://www.javiergiraldo.org/spip.php?article38. the Government violates those They count on the support of the 3. “El nuevo productor: entrevista con Chris Spaulding, presidente de Talisman para Colombia,” José Ángel Báez, Rumbo al “boom” petrolero – rights. They do not consult us. Committee in Solidarity with Political Anatomía de una industria poderosa y fascinante, Bogotá: Publicaciones Prisoners (FCSPP) and the Social Semana S. A., 2011. Day by day our problems multiply 4. “Vamos por los 50.000 barriles: Entrevista con Álvaro Vargas; 2011,” because the Government wants Corporation for Community Advising José Ángel Báez, Rumbo al “boom” petrolero – Anatomía de una industria poderosa y fascinante, Bogotá: Publicaciones Semana S. A., 2011. to take possession of our riches. and Training Services (COS-PACC), 5. “Oil and Gas; Seismic Exploration,” Yukon Energy Mines and Resources, two organisations accompanied by August 2006; Giraldo, Op. cit. And this is not what we want.” 6. Ibid. Henry Salón PBI . These organisations provide 7. Rovira Berestain, et al, “Las palabras de la selva: Estudio psicosocial del impacto de las explotaciones petroleras de Texaco en las comunidades support in legal processes like prior amazónicas de Ecuador,” 2009; Manuel Vega Vargas, et al. Por dentro e’soga, consultation and in trainings on the Bogotá: Ediciones Desde Abajo, 2010. According to this and other 8. Giraldo, Op. cit. rulings, State-administered prior effects of the oil industry. They also 9. Ibid. 10. Vega Vargas, Op. cit. consultation regarding any incursion participate in spaces for exchange 11. SINALTRAINAL, “Acusaciones contra la British Petroleum,” 2 February between different sectors of society 2008, http://www.sinaltrainal.org/index.php?option=com_content&task=vie into indigenous or afro-descendant w&id=174&Itemid=58. lands is a fundamental right that directly affected by oil policy in the 12. Interview with Henry Salón, Op. cit. 13. Ariel Fernando Ávila, “Contexto de violencia y conflicto armado. should be carried out ahead of time, country. Monografía político electoral Departamento de Casanare 1997 a 2007,” In this regard, COS-PACC Observatorio de Democracia de la Misión de Observación Electoral, Edición taking into account the uses and de López, Bogota, 2010. customs of the communities through organised a forum on mining and 14. Vice Presidency of the Republ, “Panorama actual de Casanare,” Bogotá: Observatorio de Derechos humanos y Derechos Internacional Humanitario, permanent dialogue (see article in energy in Yopal in November of this 2006. year between indigenous groups, 15. Salcedo Garay, et al, “Redes de poder en Casanare y la Costa Atlántica,” this bulletin “Land, water, and nature: Claudia López Hernández, et al, Y refundaron la Patria, Barcelona: Random Symbols of the State”). farmers, trade unionists, academics House Mondadori S. A., August 2010. 16. “Condena a seis ex alcaldes ‘paras’ del Casanare,” El Tiempo, 22 June The U’wa people currently and students with the objective of 2011. advocating for a political agenda united 17. “Todos los candidatos de Casanare tienen vínculos con la parapolítica affected by the Niscota Block have dice León Valencia,” Violeta FM Radio, 18 May 2011, http://violetastereo. repeatedly requested a dialogue with against the problems of the industry com/politica/1584-todos-los-candidatos-de-casanare-tienen-vinculos-con-la- parapolitica-dice-leon-valencia. the Ministry of the Interior and Justice in the department. In addition to 18. “Así fue la guerra en Aguazul, Casanare,” Verdad Abierta, 20 August promoting an agenda of social justice, 2010, http://www.verdadabierta.com/rearmados/2658-asi-fue-la-guerra-en- in order to establish parameters for aguazul-casanare. an adequate consultation process, convenors and participants sought 19. “Aguazul: reflejo del paramilitarismo,” El Espectador, 3 November 2008, http://www.elespectador.com/node/87829/. but to date, the Government has not to call the country’s and the world’s 20. Interview with Fernando Kekhan, lawyer for the Committee in Solidarity attention to the devastating conditions with Political Prisoners, 2011. shown itself to be open to this and no 21. Javier Giraldo Moreno, “Casanare: Exhumando el genocidio,” Bogotá: concrete advances have been made.24 in communities in Casanare, caused Editorial Códice Ltda., 2011. 22. Public Prosecutor’s Office, “Confirmada acusación por masacre de In its efforts to demand justice for by the oil industry—where the la Cabuya,” 8 November 2006, http://www.fiscalia.gov.co/pag/divulga/ interests of multinational companies noticias2006/DH/dhCabutaNov08.htm. human rights violations, encourage 23. Office of the UN High Commissioner for Human Rights, “El derecho de los dialogue between different affected are given constant attention, but the pueblos indígenas a la consulta previa, libre e informada,” 2008. 24. Interview with Fabián Laverde; Social Corporation for Community groups and build joint strategies for voice of the people most affected Advisory and Training Services, 2011. can hardly be heard outside their tiny 25. “El producto región por región,” José Ángel Báez, Rumbo al “boom” resistance, the U’wa community of petrolero – Anatomía de una industria poderosa y fascinante, Bogotá: Chaparral-Barro Negro has created villages. Publicaciones Semana S. A., 2011.

40 Threats to Barí territory1 Photo: CCALCP

n 2000, the Colombian national response, the community filed a writ 1. More information in: PBI Colombia, “Armed conflict, petroleum and coal oil company ECOPETROL en- of protection with the assistance of the in the Catatumbo,” ColomPBIa, no. 16 - September 2010. 2. The reserve is located in the area of Catatumbo, North Santander tered the indigenous reserve Luis Carlos Pérez Lawyers Collective, Department. of Catalaura2 to carry out oil demanding that their rights be 3. Libia Rosario Grueso Castelblanco, “El Derecho de los Pueblos Indígenas a la Consulta Previa, Libre e Informada,” Una guía de información y reflexión Iexploration and drilling studies. It did recognized and denouncing the lack of para su aplicación desde la perspectiva de los Derechos Humanos, Colombia 6 Office of the UN High Commissioner on Human Rights, www.hchr.org.co/.../ so without the approval of either the prior consultation. After 18 months, Consulta%20Previa%20Indigenas%20Baja.pdf. traditional authorities of the Motilón the Constitutional Court ruled in 4. Ministry of the Environment, Housing, and Territorial Development, Licencia Ambiental 0624, 16 May 2005. Barí people who reside there or rel- favour of protecting and safeguarding 5. Grupo Semillas, “Experiencias locales de manejo y control local del territorio: El pueblo Barí gana la pelea contra Ecopetrol en la Corte evant environmental authorities. In the rights of the indigenous people, Constitucional. Ecopetrol debe suspender exploración en territorio 2005, the Ethnic Groups Department ordering ECOPETROL to leave the indígena,” 7 March 2007, http://www.semillas.org.co/sitio.shtml?apc=w-- 7 1--&x=20155133 of the Ministry of the Interior issued a area. 6. Luis Carlos Pérez Lawyers Collective (CCALCP), “Informe de la Comisión de acompañamiento y verificación al pueblo indígena Motilón Barí, ‘Caiqueda resolution stating that, after conduct- Despite this recognition of Barí aba inshqui’ – Todos para todo y por todo,” North Santander, 17-21 February ing a flyover of the zone, they had territory, other mining companies 2006. 7. Constitutional Court, Ruling 880, 24 October 2007. confirmed that no Barís lived in the have falsified reports in order to be 8. Observatory for the Rights and Survival of Indigenous Peoples in area where they intended to begin able to proceed with the coal strip Colombia, “Barí,” http://observatoriopic.org/content/bari. the Alamo Well I Project.3 Using this mining on this land, without the as a basis, the Ministry of the Envi- communities’ consent. In response, ronment, Housing, and Territorial De- the Barí people presented a proposal velopment granted an environmental known as “Samayna Ayu” at the end license to begin exploratory drilling4 of 2010. Their goal is to develop a despite the fact that no serious study consultation process in coordination had been undertaken about the en- with State authorities that is culturally vironmental impacts on the land and appropriate and guarantees respect the community.5 for their rights. They have yet to The drilling took place in an receive an official response.8 indigenous community (Socbakayra) located in traditional Barí lands. In

41 Peru: “Mining creates poverty and pollution”

Interview with Marco Arana Photo: Albert González Farran, www.albertgonzalez.net/ Albert González Farran, Photo:

La Rinconada is a city located in the Peruvian Andes, near to a gold mine. It is considered the highest city in the world, at 6,000 metres above sea level.

n October 2011, Father Marco Marco Arana: Large-scale water reservoirs have disappeared, Arana participated in a forum in mining in Peru started with the which creates a two-sided problem: Bogotá on mining and human new laws1 passed in the 1990s and on one hand pollution, and on the rights. A native of Cajarmarca, spread to all parts of the country. other, water scarcity. Peru—whereI strip mining has Many communities dismantled as As a result, people no longer destroyed the environment—this companies purchased or expropriated believe in the clean, sustainable, priest has worked on campaigns in farmers’ land and created mechanisms and responsible mining promoted support of communities that oppose of social control in support of their by the Government and companies. pollution of their lands and waters activities. This has meant that while Because of this, mining conflicts have by large-scale mining projects. H in some areas communities have lost begun to emerge in areas where work has earned him many awards, their lands and a part of the population there is mining. including Time magazine’s “Hero of ended up opposing mining, in other In fact, Yanacocha, the largest the Environment” in 2009for his work areas people have supported it. gold mine in Latin America, is in my on social and ecological causes. PBI The use of water and chemicals region and it is the most conflictive spoke with Arana about the mining in mining activities are of such mining area in the entire country. In situation in Peru. magnitude that they are causing other areas there have been problems massive pollution of irrigation canals related to the use of private security PBI: Can you explain the extent of and rivers. There have been mass forces by companies or, in some natural resource mining and the deaths of trout. In some cases, like in cases, the contracting of assassins or impact it has had on indigenous my region, frogs have become extinct. mercenaries to confront community and farming communities? In other areas, lakes and subterranean leaders. In this context, mining has

42 become the principal source of socio- for regulations in other areas where corruption by giving gifts and offering environmental conflicts and, in some mining already exists. personal support. They offered me areas, violence. Basically what you have are money for the parish, for my family, two major branches: those who and when this didn’t work they started PBI: How capable are social want to impose a combination of defamation campaigns in the media, movements in Peru of confronting environmental, physical, labour and attempting to characterise us as eco- large-scale mining? environmental conditions in areas terrorists, delinquents, connected to where mining is already taking place; drug traffickers, communists, etc. MA: One has to talk about a and, in other cases, those who And when this didn’t work either, differentiated social movement. propose a combination of restrictions they started to combine this with In the case of Amazonía there is a to prohibit mining. Both intersect in spying operations in which they relatively united resistance against the social movement of resistance contracted security personnel to oil extraction, mining and, in some and struggle against mining in Peru. record our movements; not just mine, cases, the agro-industry coming t o but also the entire working group of plant bio-fuels. PBI: Are threats made against social activists. They made black lists In other cases, like in the southern movement leaders who oppose of those of us who were targets as part of the country, there are areas mining operations? part of their strategy of social control where, as in the case of the Aymará and then we started to receive a lot movement in Puno, the movement MA: There is a complex strategy of threats. has asked for the total prohibition of of social control. Initially, in 1992 all mining in the southern part of the and 1993, the companies began by PBI: What do you think of artisanal department. But the Quechuas in the ignoring the communities because mining in Peru? same department who have been they had struck a deal with the doing artisanal mining believe that national government and they figured MA: There is a formalised sector small-scale, controlled mining should all was settled. Later, when they of small-scale mining in Peru, but it be allowed. realised that local populations were is in the minority. There is no registry Mining already exists in regions going to start pressuring for their system or cadastre for informal and in the centre of Peru and some are rights, they attempted to establish small-scale mining in Peru, but it pushing for more regulations or to social responsibility programmes has nonetheless grown throughout limit expansion of mines so as to that were basically a combination of country. There are calculations that control the impact. assistance, gifts or presents given to at this moment more than 300,000 In the northern areas of the the population. They achieved a certain people depend on small-scale, country there are communities that degree of success, at least enough informal mining, while large-scale do not want to see any kind of mining to start their work. But when this mining only supports 110 to 115,000 activity and prefer only agriculture stopped working, they started making workers directly. or, in the case of Cajamarca, a agreements with local authorities to There is another kind [of informal combination of the two. There are obtain their complete support. mining in Peru] that is normally communities resisting all types of Since this strategy also didn’t associated with illicit activities: mining in some places and working work, they later started processes of exploitation of child labour, chemical or explosive contraband, tax evasion and “Mining has become the principal source of socio- a lack of environmental controls. In some cases this is caused by poverty environmental conflicts and, in some areas, and the high price of minerals. In other violence” cases, like in my region, this type [of informal mining] has been promoted by large mining companies in areas they could not access because of the presence of resistance movements. What they have done is to start out on the peripheries promoting informal mining, then later propose legalization as the solution, thus pulling small- scale miners into the large-scale mining sector. Photo: Julián Montoni Photo: Julián So there is essentially a double- sided strategy: on the one hand, there are those who are driven by poverty and the high price of minerals who mine wherever they are able. And in other cases it is an activity promoted by large mining companies to do away

Marco Arana

43 Photo: Albert González Farran Photo:

La Rinconada, a city in southern Peru, has 30,000 residents. During the 1990s it became a place where people would arrive in search of opportunity. Gold turned La Rinconada into a mining city with many social problems. In the photo, a miner from the Santa Ana mine.

“I have no reason to believe the illusion of the Colombia should be extended and that the implementation of mining mining ´engine´ in Colombia, that this industry activities should also be seen as a will redistribute wealth and bring the country threat. out of poverty” And in third place, I don’t think we can defend the economics of with local resistance. the combination of administrative an activity that in any event could So, what is clear is the need for activities, policies, and economics are threaten to turn itself into the main stricter environmental and labour concentrated in Lima. Mining activity industry or source of foreign currency standards and the solution that we in this sense is very dependent on income. All economies dependant are seeing in Peru is that in some the central government in Lima. I solely on one economic activity are cases mining has to be stopped believe that there is a better space extremely fragile. I believe the fact completely where, for example, there here for community and regional that the prices of metals are high is is no consent from the community, decisions that could be further a great temptation for Colombia, but the damage or environmental impact strengthened. Local and regional the answer that we have in Peru is is very great, or where the high levels government capacity could be that the prices are high, but this has of processing necessary would not strengthened to help avoid corruption not reduced environmental conflicts, allow sufficient profits to cover the like we have experienced in Peru, and nor has is brought Peru out from its labour, processing, and environmental subsequently ensure that support for problems with poverty. The quality of costs. communities is broadened by using the country’s education is only better In other cases you could see tools like the Territorial Planning Law than Bolivia’s and Haiti’s, despite the formalisation happening, but with that and the right of people to free, prior, fact that we have the largest gold a part of the debate is that this would and informed consultation, not just mine in Latin America. be for small-scale mining, but in no way at the moment when the operation I have no reason to believe the serve as a pretext, like is happening starts, but from the moment the illusion of the mining “engine” in here in Colombia, to paving the way concession is granted. I believe that Colombia, that this industry will for large-scale mining, because [with that is the first lesson. redistribute wealth and bring the that] the environmental impacts A second lesson that seems country out of poverty; mining would be much more destructive important to me is that in Peru will concentrate profits and create and the monetary benefits would be companies that have not been able enormous environmental damages, directed toward the headquarters of to defeat the resistance with their like we say in Peru, “Leaving only the corporations. social responsibility programs and poverty and pollution.” It is a future propaganda about clean mining are that neither Colombia nor Peru PBI: What could social movements now turning to violent methods to deserves. in Colombia learn, given that impose their agenda. This could be mining has only recently become very dangerous in Colombia where an issue here? there is already structural violence; that mining could be implemented in MA: I believe something a way that benefits from or derives 1. Promulgation of the Amended Text (TUO) of the General important to remember is that Mining Law of 1992. This law provided for the inclusion of soil minerals, soil, certain legitimacy or normalcy from and maritime domain in concession. As of 1991 there had been a reduction Colombia has experienced in State presence in the mining industry following the adoption of measures violence in order to carry out mining included in the Washington Consensus for structural reform of the economy. decentralised development different projects. So I believe that the struggle Alfredo Dammery Lira and, Fiorella Molinelli Aristando, Panorama de la than what happened in Peru, where Minería en el Perú, Lima: Osinergmin, 2007. for land, the struggle for peace in

44 Mexico’s treasure

Defending southern communities’ land rights from mining corporations Photo: Centro de Derechos Humanos de La Montaña - Tlachinollan Humanos de La Montaña - Photo: Centro de Derechos

Mobilisation against large-scale mining in Carrizalillo (Guerrero). Eight of the 11 main gold mines in Mexico are operated by Canadian companies, which control 70% of the country’s gold production.1

By PBI Mexico In southern states like Oaxaca, Communities where a high percentage of the challenge economic exico’s metal mining population is indigenous and interests sector’s returns of the many areas are highly or very last year, perceived highly marginalised, transnational Since June 2010, the priest Martín by many as positive,2 companies operate without informing Octavio García has not been able to areM contrasted by the situation for the population of the consequences return to the community of San José small-scale farming and indigenous of their activities. This is the case del Progreso. After facing a defamation communities affected by exploration of the San José mine in the Oaxaca campaign for distributing information and mining activities. Mexican community of San José del Progreso about the negative consequences legislation opened up land to private in the Valles Centrales region, of the Frontino mining project, he acquisition and use at the beginning which is controlled by the Canadian was kidnapped on 18 June 2010 and of the 1990s by reforming Article 27 of company Fortuna Silver Mines. The beaten by people sympathetic to the Constitution and by enacting the corporation, which specialises in the Fortuna Silver mine. That same new Regulatory Mining Law in 1992. developing mining projects in Latin day, the President of the municipality Signing the North American Free America, operates in Mexico through and the Health Councilman were Trade Agreement, which went into its subsidiary Cuzcatlán. According assassinated during combat nearby.5 affect in 1994, laid the groundwork to the Mining Chamber of Mexico Later, Father Martín was detained for Canadian and United States (Camimex), increased exyraction of under the “arraigo” system6 and corporations to being operating in silver, the most profitable metal in the accused of homicide. Finally, on 30 Mexico.3 country, will increase 2011.4 June, he was released due to a lack

45 Photo: Centro de Derechos Humanos de La Montaña - Tlachinollan Humanos de La Montaña - Photo: Centro de Derechos

View of the Los Filos mine in Carrizalillo, Mezala region, Guerrero. Five million ounces of gold lay beneath these hills.12

of evidence.7 Sierra of Oaxaca, in the municipality 1. “Canadá se lleva el Oro de México,” Wirikuta Tamatsima Wahaa Defense Front, 26 July 2011, http://frenteendefensadewirikuta.org/wirikuta/?p=1153. Father Martín is a member of of Santa Cruz Zenzontepec in 2. Mining Chamber of Mexico (Camimex) states in their 2011 report that profits over the last year topped 15.474 billion dollars, 51% more than in the “Bartolome Carrasco Briseno” July 2011. The main goal was to 2009. Since 2010 Mexico has been first in the world for silver production. Regional Centre for Human share experiences and build unity During that year eight new mines started operating in Mexico. CAMIMEX, “Situación de la minería mexicana 2010,” Annual Report 2011. Rights (Barca-DH), an organisation between communities affected by 3. NAFTA eliminated conditions that obligated foreign investors be treated the same as national companies (see Chapter 9, Investments). accompanied by PBI Mexico. Barca- mining activities and human rights 4. Ibid. DH has extensive experience with defenders. Other organisations 5. Amnesty International, “Detainees at risk of torture and unfair trial,” AMR 41/046/2010, 25 June 2010. community organising and the attended in addition to Barca-DH, 6. “Arraigo” is a form of unofficial detention that allows for detention before beginning an investigation. Mexican Commission on Human Rights Protection promotion and defense of human such as the Jalisco Association of and Defence, et al, “Informe sobre el impacto en México de la figura del rights. Some of the activities they Indigenous Group Support A.C., from arraigo penal en los derechos humanos,” presented to the Inter-American Commission on Human Rights, Washington, 28 March 2011. engage in include training and the State of Jalisco; the Opposition 7. Amnesty International, “Mexican priest released on bail,” AMR 41/055/2010, 20 July 2010. assistance for populations affected Front to San Xavier Mine and the 8. Via the firm Altos Hornos de México S.A., the company Grupo Acerero by metal mining operations and Wirikuta Tamatsima Wahaa Defence del Norte owns concessions for the exploitation of iron deposits, among those that of Santa María Zaniza, considered the largest deposit in Latin America. distributing information about the Front, both from the State of San Luís “Minería, comunidades y medio ambiente”, Investigaciones sobre el impacto de la inversión canadiense en México, FUNDAR, Centro de Análisis e rights of indigenous communities and Potosí. Investigación, México, July 2002. land rights. Indigenous and small-scale 9. Documento preparado con motivo de la visita a México de Rodrigo Escobar Gil, Relator de la Comisión Interamericana de Derechos Humanos, Barca-DH also provides legal farming communities and human Red TdT, septiembre de 2011, p. 32. 10. The ILO’s Convention 169, ratified by Mexico in 1990, recognizes the right support and training in the Southern rights defenders denounced the to prior consultation for indigenous communities, as does the Additional Sierra of Oaxaca. In that area, the lack of rigour by Mexican authorities Protocol to the American Convention for Human Rights in the area of Economic, Social and Cultural Rights, which Mexico approved in 1996. It is Santa María Zaniza Assembly already in complying with international important to note that in mid-2011 the human rights protected by international 8 10 treaties and ratified by Mexico achieved constitutional recognition with the rejected the Tehuantepec project in commitments. They also produced Constitutional Reform in the Area of Human Rights. 1998 for the potential environmental a declaration to unify their strengths 11. Declaratoria Final del IV Foro Regional Sierra Sur en Oaxaca. 19 de julio de 2011. addition to the bad labour conditions suffered by some communities,11 as 12. Frente en Defensa de Wirikuta TAMATSIMA WAHAA. Op. cit. offered to the community. The in the case of San José del Progreso, Assembly contacted Barca-DH after marked by the events of last year the company threatened to get the while the company continues its Mexican Army to force the community operations. to accept the terms of the project.9 Members of the community and Barca-DH attended the Fourth Regional Forum of the Southern

46 Photo: Jonas Wresch Photo: Jonas

Miners in Segovia (Antioquia)

PBI Colombia funding agencies

• Broederlijk Delen • Canton Vaud /PBI Switzerland • Catalan Agency for Development • Christian Aid (with Irish Aid) • Civil Peace Service/PBI Germany • Diakonia Sweden • Diakonisches Werk • Government of Cantabria • Government of Navarra • ICCO/Kerk in Actie • Individual donations • Intermón-Oxfam (EU) • Mensen met een Missie • Misereor • Norwegian Ministry of Foreign Affairs/PBI Norway • OPSEU/PBI Canada • Overbrook Foundation/PBI USA • Palencia City Hall • Pamplona City Hall • PBI Italy • PBI UK • Sigrid Rausing Trust/PBI UK • Spanish Agency for International Development Cooperation • Swiss Ministry of Foreign Affairs/PBI Switzerland • The Law Society/PBI UK • Vitoria City Hall • Zivik/IFA

47 Photo: Jonas Wresch Wresch Photo: Jonas

Protecting human rights defenders in Colombia since 1994

Peace Brigades International (PBI) is a non-governmental If you believe PBI’s presence helps protect persons who organisation recognised by the United Nations, which carry out human rights work, you may do the following: has maintained a team of international observers/ accompaniers in Colombia on an ongoing basis since Support us economically on a personal or institutional basis. 1994. PBI’s mission is to protect the working environment of human rights defenders, who face repression due to Join the nearest PBI country group and support the their non-violent human rights activities. international network from your place of residence.

PBI Colombia teams remain in the field, at the request Apply to become a volunteer with one of the PBI projects. of local organisations, accompanying persons and organisations under threat. This fieldwork is complemented by significant dialogue and advocacy with civilian and military authorities, as well as with NGOs, the Church, multilateral bodies, and the diplomatic corp, in order to promote human rights and disseminate information on the www.pbi-colombia.org human rights situation in Colombia.

Delegación de PBI Proyecto Delegación de PBI International Delegation PBI Colombia Project PBI Delegation in Colombia Development House Rue de la Linière, 11 Apartado aéreo 36157 56-64 Leonard St., London 1060 Brussels (Belgium) Bogotá (Colombia) EC2A 4JX, UK Tel. (+32) 2609 4400 Tel. (+57) 1287 0403 Tel. (+44) 20 7065 0775 [email protected] [email protected] [email protected]