UNDERMINING RIGHTS Indigenous Lands and Mining in the Amazon PATRICIA QUIJANO VALLEJOS, PETER G. VEIT, PEDRO TIPULA, AND KATIE REYTAR WRI.ORG ABOUT THE AUTHORS Patricia Quijano Vallejos worked as a research analyst with the Land and Resource Rights Initiative with the Governance Center at World Resources Institute (WRI). CONTACT: [email protected] Peter G. Veit is the director of the Land and Resource Rights Initiative with the Governance Center at World Resources Institute (WRI). CONTACT: [email protected] Pedro Tipula is a GIS analyst at Instituto del Bien Común (IBC), Peru CONTACT: [email protected] Katie Reytar is a research associate with the Forests Program at World Resources Institute (WRI). CONTACT: [email protected] Design and layout by: Rosie Ettenheim [email protected] Shannon Collins [email protected] TABLE OF CONTENTS 3 Foreword 5 Executive Summary 6 Introduction 7 Research and Methods 8 Data and Findings 12 Case Studies 16 Recommendations 21 Introduction 29 Background 32 Forest Cover 35 Mining in the Amazon 39 Data Collection and Analysis Methods 40 Research Countries 40 Research Methods 47 Data and Findings 48 GIS Analysis 53 Legal Reviews 71 Case Studies 72 Bolivia: Isiboro Sécure Indigenous Territory and National Park 75 Brazil: Yanomami Park 77 Colombia: Yaigojé Apaporis National Natural Park 81 Ecuador: Shuar Indigenous Lands 84 Guyana: Patamona Indigenous Lands 88 Peru: Shipibo and Ese’Eja Indigenous Lands 93 Recommendations 106 Appendices 114 Endnotes 119 References 131 Acknowledgtments FOREWORD As this report is being released, the price of gold hit The case studies for this report reveal that some a record high of almost $2,100 per ounce in August. indigenous people take extraordinary measures Gold prices had been rising for years but the threat to protect their lands from mining. In Peru, for to economies from the novel coronavirus led to a example, the Tres Islas indigenous communities surge in prices — up about 35 percent this year — persuaded domestic courts to declare 127 mining as investors sought the perceived safety of gold. concessions on their land null and void. In As prices rise, so does demand and mining. These Colombia, when a mining company sought a circumstances make this report on the effects of concession on their land, the Yaigojé Apaporis mining on indigenous people and their lands in the people successfully convinced the government Amazon particularly timely. to designate their land as a national natural park where mining is prohibited. We know from previous WRI research that deforestation rates on indigenous lands in the The findings have implications for indigenous Amazon are sharply lower than on similar land people, governments, development agencies, not managed by indigenous people. Now we have mining companies and civil society organizations learned from this report that industrial mining to correct the large power discrepancies between concessions and illegal small-scale mining occur indigenous people and miners. It calls on on more than 20 percent of indigenous lands in the governments to enact legislation that recognizes Amazon and that deforestation rates on indigenous additional land and mineral rights for indigenous lands with mining are significantly higher than on people, establish strong social and environmental indigenous lands not affected by mining. safeguards, and better monitor mining to ensure compliance with national laws. It calls on mining The Amazon is home to about 1.5 million companies to respect indigenous rights and provide indigenous people. The forest is their home and indigenous people with fairer shares of mining source of livelihood. Mining is environmentally benefits. And it calls for indigenous people to build destructive and brings social and health risks. the skills needed to protect themselves from harm. Environmental degradation leads to the loss of critical ecosystem services—such as water flow Decisionmakers around the world have an regulation, biodiversity and carbon sequestration— opportunity to support indigenous people and that benefit indigenous people and all humanity. protect forests. With mining rapidly expanding Mining also leads to conflict, especially between deeper into the Amazon, it’s time to act. Not doing miners and indigenous people. According to Global so would have a massive cost to indigenous people Witness, mining was the deadliest sector for land and the forest—a cost much greater than gold. defenders in 2018 and 2019. This report finds that while laws in Bolivia, Brazil, Colombia, Ecuador, Guyana, and Peru recognize some land rights for indigenous people, they do not provide the legal protections needed for them to secure their lands and take charge of their own development. For example, of these countries, only Guyana recognizes a limited form of consent, and only Colombia provides the right of first refusal Andrew Steer when the government grants a mining concession President on their lands. Yet mining companies often have World Resources Institute sweeping rights to enter and use indigenous land for their operations. Undermining Rights: Indigenous Lands and Mining in the Amazon 3 EXECUTIVE SUMMARY Amazonian governments have promoted and supported the exploitation of high-value minerals for decades, but in recent years, have committed to mining as a key component of their national development strategies. This has driven mining into more remote parts of the Amazon with significant implications for indigenous peoples and the forest. As mining expands deeper into the Amazon, there is an urgent need to better understand the law, practice, and outcomes of mining on indigenous lands in the Amazon. This report analyzes the law regarding the rights of indigenous people over their lands and the minerals on and below them, the level of implementation of these rights and the links between mining and forest cover change. Undermining Rights: Indigenous Lands and Mining in the Amazon 5 HIGHLIGHTS Introduction The Amazon contains world-class deposits Industrial mining concessions cover of copper, tin, nickel, iron ore, bauxite, ▪ approximately 1.28 million square manganese, and gold. All Amazonian countries kilometers (more than 18 percent) of the have promoted and supported the exploration, exploitation, and export of high-value minerals Amazon. Mining concessions and illegal for decades. In recent years, however, governments mining overlap with 450,000 sq. km (more have committed to mining as a key component than 20 percent) of indigenous lands and of their national development strategies and affect 1,131 (31 percent) indigenous lands. have provided more incentives to promote investments. Mining as a percentage of gross Indigenous lands on which mining is ▪ domestic product (GDP) has increased in several carried out showed a higher rate of forest Amazonian countries. loss (from 2000 to 2015) than indigenous lands without mining. In Bolivia, Ecuador, Artisanal and small-scale mining (ASM), and Peru, the rate was at least three times especially for gold, has been part of the livelihood strategy of rural households higher; in Colombia and Venezuela, it was for centuries; large-scale industrial mining one to two times higher. has been underway for much of the 20th century. Mining in the Amazon is dominated National laws provide indigenous people ▪ by industrial mining in the east, although mining with some land rights but few rights to for copper and gold is expanding into the lowland the minerals on their lands. Only in Guyana forest. Large-scale mining blocks or concessions do indigenous people have a limited form of overlap with many indigenous lands. Many other consent, and only in Colombia do they have indigenous lands are indirectly affected by mining, the right of first refusal over commercial from infrastructure (e.g., roads, rail lines, and dams), new towns for workers, and other mining on their lands. associated developments. In practice, the law is not well implemented ▪ ASM, especially for gold, takes place by miners or enforced by governments. throughout the Amazon. Today, more than Indigenous people have employed various 500,000 small-scale gold miners are estimated to strategies, such as litigation, to protect their be active in the Amazon and many more people lands from mining. provide ASM services or are dependent family members. The expansion of ASM has been driven There is a need to strengthen legal ▪ largely by rising gold prices coupled with limited protections for indigenous lands, livelihood opportunities. Illegal mining in the establish strong social and environmental Amazon, principally ASM, has been underway for safeguards, build the capacity of decades but has grown exponentially in recent indigenous people to protect their lands, years. In 2016, it was estimated that about 28 percent of the gold mined in Peru, 30 percent ensure all mining meets established in Bolivia, 77 percent in Ecuador, 80 percent in safeguards, and provide for effective Colombia, and 80–90 percent in Venezuela was law enforcement. produced illegally. Today, many indigenous lands are affected by illegal mining by outsiders. Brazil holds about 60 percent of the Amazon basin and forest, and almost half of the indigenous lands. Its 1988 Federal Constitution allows for mining on indigenous lands but only under rules approved by the National Congress. 6 WRI.org Since the National Congress has not established indigenous peoples and the forest. The such rules, mining on indigenous lands is effectively Amazon is home