Edited by: Robert Goodland [email protected] September 2009 Published by: VIDS Vereniging van Inheemse Dorpshoofden in Suriname Verlengde Gemenelandsweg 18d, Paramaribo, Suriname [email protected] Copyright © VIDS, 2009. Paramaribo, Suriname. Suriname’s Bakhuis Bauxite Mine: An Independent Review of SRK’s Impact Assessment / edited by Robert Goodland, 165 p. September 2009. Key terms: Bauxite mining, environmental and social assessment, Indigenous Peoples, Suralco, Alcoa, BHPBilliton, SRK Corp, tropical rainforest. Suriname’s Bakhuis Bauxite Mine: An Independent Review of SRK’s Impact Assessment Contents PREFACE: Ricardo MacIntosh, Nado Aroepa, David Carlo Lewis …………………........…..…..4 SURINAME’S BAKHUIS BAUXITE PROJECT: KEY EVENTS...............................................................5 CHAPTER 1: SRK’S IMPACT ASSESSMENT: AN OVERVIEW Robert Goodland ………………………………..…………………………..……………............9 1.0 Objectives of this Review…………………………………………………….......……..10 2.0 Checks and Balances to Promote Frank ESIAs ……………………………….......……12 3.0 Was the “Scoping” Stage Omitted? ………………………………………….......……..14 4.0 Has Best Practice Been Followed? ………………………………………….......……...16 5.0 Conclusion………………………………………………………………….......…….....21 6.0 References ………………………………………………………………….......……….23 CHAPTER 2: COMMENTS ON THE BAKHUIS DRAFT ENVIRONMENTAL AND SOCIAL IMPACT REPORT Stuart Kirsch ………………………………………………….……………………….......…….26 1.0 Preface …………………………………………………………………………........…. 27 2.0 Land Rights and Free Prior Informed Consent ................................................................29 3.0 Alternative Forms of Development …………………………..………….……........…..31 4.0 Terrestrial Impacts …………………………..…………………………..……........….. 31 5.0 Watershed Impacts …………………………..…………………………..…........……...35 6.0 Best-Case Versus Alternative Scenarios …………………………..………........…..…..37 7.0 Other Impacts …………………………..…………………………..………........……...40 8.0 Indigenous Responses to Potential Environmental Impacts ………………......……......42 9.0 Development Matters …………………………..………………………….........……....44 10.0Other Affected Populations …………………………..……………….......………..…...47 11.0 Mitigation Measures …………………………..…………………….......……….….....48 12.0 Compensation …………………………..…………………………........………….......50 13.0 Freedom and Development …………………………..……………….......………....…51 14.0 Conclusion …………………………..……………………......……..………………....53 15.0 References …………………………..……………………….......…..……………........57 CHAPTER 3: COMMENTS ON ENVIRONMENTAL ASPECTS OF THE BAKHUIS ENVIRONMENTAL AND SOCIAL IMPACT REPORT Ann Maest, PhD …………………………..…………………………..………………………....61 1.0 Introduction 2.0 Mining Operation and Sources of Impact to the Environment ………………………...62 3.0 Environmental Baseline …………………………..…………………………………....65 4.0 Environmental Impact …………………………..……………………………………...71 5.0 Alternatives Analysis …………………………..……………………………………....85 1 Suriname’s Bakhuis Bauxite Mine: An Independent Review of SRK’s Impact Assessment 6.0 Conclusions and Recommendations …………………………..……………………….85 7.0 References …………………………..…………………………..……………………...90 CHAPTER 4: REVIEW OF THE BAKHUIS ESIA AND ASSOCIATED DOCUMENTS David Hunter…………………………..…………………………..………………………….....93 Introduction ………………………………………..…………………………..…………….....94 1.0 Indigenous Rights and Community Support …………………………..…………….....94 2.0 Monitoring …………………………..…………………………..……………………..99 3.0 The ESIAs and Associated Documents …………………………..…………………...101 CHAPTER 5: EVALUATION OF THE ENVIRONMENT AND SOCIAL IMPACT REPORT FOR THE PROPOSED BAKHUIS BAUXITE PROJECT Mark Chernaik and Maya Leonard-Cahn …………………………..………………………....103 CHAPTER 6: MISSING PIECES: AN ANALYSIS OF THE DRAFT ENVIRONMENTAL AND SOCIAL IMPACT REPORTS FOR THE BAKHUIS BAUXITE PROJECT Viviane Weitzner……..……………………………………………………………………........115 1.0 Introduction …………………………..…………………………..…………............…116 2.0 Indigenous Rights …………………………..……………………………………........119 3.0 Substance and Process of the ESIAs …………………………..……………………....128 4.0 Draft Mining Plans Related to the Proposed Bakhuis Bauxite Mine ……………….....141 5.0 Conclusion: Consolidating the Missing Pieces ……………………………………….151 6.0 References …………………………..…………………………..……………………..153 ANNEX 1: The draft Consultation Protocol of the Indigenous Peoples of West Suriname …..157 SRK’s Sue Reuter presents to the Indigenous Peoples of West Suriname the Draft ESIR during the last held Bakhuis Forum meeting on May 21, 2008. 2 Suriname’s Bakhuis Bauxite Mine: An Independent Review of SRK’s Impact Assessment Acronyms and Abbreviations BHPB: Broken Hill Proprietary & Billiton Corporation BMS: NV BHP Billiton Maatschappij Suriname CBD: Convention on Biological Diversity CEP: Community Engagement Plan: West Suriname Communities CERD: UN Committee on the Elimination of Racial Discrimination CCRP: Conceptual Closure and Rehabilitation Plan CSNR: Central Suriname Nature Reserve CSR: Corporate Social Responsibility EIA: Environmental Impact Assessment EIS: Environmental Impact Statement EMP: Environmental Management Plan (part of ESIA) EMMP: Environmental Management and Monitoring Plan Framework for Construction and Operations Phases ESIA: Environmental and Social Impact Assessment ESIR: Environmental and Social Impact Report FPIC: Free Prior Informed Consent HSEC: Health, Safety, Environment and Community (BHP Billiton Management Standards) IACHR: Inter-American Court on Human Rights IAIA: International Association of Impact Assessment IBA: Impact Benefit Agreement (=ICC) IUCN: International Union for the Conservation of Nature ICC: Impact Compensation Contract (=IBA) ICMM: International Council on Mining & Metals IDB: Inter-American Development Bank IDRC: International Development Research Centre IFC: International Finance Corporation ILO: UN International Labor Organization Km: Kilometres Mine ESIR: The Environmental and Social Impact Assessment of Mining Aspects of the Proposed Bakhuis Bauxite Project: Draft Environmental and Social Impact Report, Volume 1 MoU: Memorandum of Understanding MRN: Mineração Rio do Norte MW: Megawatt NGOs: Non-governmental organizations NIMOS: Het Nationaal Instituut voor Milieu en Ontwikkeling in Suriname (National Institiute Environment and Development in Suriname) NSI: The North-South Institute, Canada PCDP: Public Consultation and Disclosure Plan SIA: Social Impact Assessment SRK: SRK Consulting STDs: Sexually Transmitted Diseases Suralco: Suriname Aluminum Company LLC VIDS: Vereniging van Inheemse Dorpshoofden in Suriname (Association of Indigenous Village Leaders in Suriname) 3 Suriname’s Bakhuis Bauxite Mine: An Independent Review of SRK’s Impact Assessment Preface by Ricardo Romeo MacIntosh, Chief of Washabo, Nado Theofilus Aroepa, Chief of Section, and David Carlo Lewis, Chief of Apoera The first time companies showed interest in the bauxite deposits in West Suriname, was in the 1970s. They started an exploration program and our government designed the ‘West Suriname Plan’ in which an integrated aluminum industry would have spin-offs to the agro-business and other industries. This Plan envisioned our village, Apoera, as the third city in Suriname, after Paramaribo and Nickerie. On our land agricultural plots made way for roads and modern houses, a railroad was constructed with a port on our riverside. No ESIA was done at that time. All decisions were taken without our participation. As small boys we saw everything and we hoped that our lives would change for the better. But we suffered a lot of impacts during that period. Now that we are the leaders of our villages, we want to make sure that history will not repeat itself and that our rights as Indigenous Peoples are respected to the benefit of our people. So this time, when we saw the bauxite companies restarting activities at Bakhuis with an exploration project, we immediately asked for assistance. We requested our participation in the whole process, and we insisted that an ESIA would be undertaken, also with our participation. But the ESIA was done by scientists and written in a technical language we don’t understand. That is why we wanted this review, to know whether the ESIA was done in the right way, if our rights are respected, and more importantly, to understand fully what the possible impacts will be for our people and our land. With this review we also want to make a statement to the government, that they have to take us into account and that we have to participate in the whole process. We have learned a lot, especially about our participation. Before 2003, we did not know anything about BMS’ plans; we had no information at all. Through exchange with other affected Indigenous Peoples from Canada we came to know and understand more about our international rights as Indigenous Peoples. We went to an international meeting in Indonesia focusing on the right to Free, Prior and Informed Consent. We are strengthened by this knowledge. We have seen that professionals are executing the ESIA studies, but if you yourself don’t have experts in the house, they can tell you anything. It is important that we have experts in our communities, so we have to make sure that our children go to school and receive the education they need. We have learned also through the experience of other countries, like Canada, Brazil and Colombia. And we are thankful to all individuals and organizations that helped us these past few years in strengthening us and enlarging our knowledge, such as FPP, Robert Goodland and Viviane Weitzner. We are also grateful for and appreciate all the work done by the VIDS office. Without their help we would