Mining in Colombia: at What Cost? SUMMARY

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, Ispecies 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

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