Posted in Otramérica
(Disclaimer: the time of writing the article, the government of Ricardo Martinelli had introduced reforms to the mining law, which were repealed result of popular pressure, mainly indigenous mobilizations. To date maintaining a "dialogue" between a legislative subcommittee and mining reform opponents, but the government's intention to exploit the metal mining and therefore the essence of the article remains intact)
I.
changeIf for a moment we choose to appeal to the naive the entry into force of the reforms the Code of Mineral Resources in Panama shows lack of regional experiences in the field. If we leave aside the naivete, specific interests are in evidence, and not "the people's interests first," repeated insistently formula from the days of the campaign today by President of Panama, Ricardo Martinelli, and his followers.
Governments of El Salvador and Costa Rica have said or acted in opposition to mining. Along with Guatemala, are involved in litigation flagship with Canadian multinationals and international courts.
In Costa Rica, after long hours of mobilization and public debate on the subject, is in effect an indefinite moratorium to metallic mining open pit gold, and in general to the extractive industry, reiterating an environmental agenda and development model. The decree was signed by the current president a few hours after taking office in May 2010.
In the case of Panama, the axis of "Natural Resources" of the government plan Ricardo Martinelli, and Juan Carlos Varela noted that
"The deforestation is a major environmental problems facing the country (...) resulting in soil degradation, erosion and sedimentation in streams and rivers, loss of biodiversity, reduced water flows, increased temperatures and emissions of greenhouse gases that contribute to c climate hange (...) the main cause of deforestation is cattle ranching and the change of use of land for subsistence production, as well as other colonization, port development, industrial, urban, tourist and open-pit metal mining. Action is necessary to promote conservation and sustainable management of our natural forests and their livelihood depends on water supply, biodiversity, climate and others. "
At first sight it seems that the change was so that he changed himself. Thinking better, it is confirmed that nothing has changed.
II. Where?
Recent experience in the mining sector are not positive at the regional level. In Costa Rica, continues the judicial debate over the mining project Crucitas, concession near San Juan River on the border with Nicaragua to the company Industrias Infinito SA (subsidiary of the Canadian Infinito Gold Ltd. ) and activated by a decree of "public interest and national convenience" by the government of Oscar Arias.
Until last year there was talk of the possibility of terminating the contract, based on a ruling by the Constitutional Court and subject to payment of compensation estimated at $ 1,700,000,000 (the investment declared by the company is $ 127 million).
works are paralyzed after a ruling in late 2010 by the Administrative Court to cancel the award and decree glaring illegalities in the granting of permits and ordered the company and the State to repair environmental damage, ruling an appeal to the Supreme Court by the company (January 17, 2011), employees, public institutions, private organizations and concerned alleged .
El Salvador is located in an arbitration process before the International Centre for Settlement of Investment Disputes , World Bank institution, brought by the Canadian mining company Pacific Rim Mining Corp. by the alleged failure of the rating in the exploration permits for the mining project El Dorado, after the Salvadoran state as unsatisfactory assess the environmental impact study.
The company's stock, amounting to $ 77 million, is covered in terms of foreign investment incentives of the Free Trade Agreement between United States and the Dominican Republic (CAFTA-DR). The company is headquartered in Vancouver and the subsidiary that operates the El Dorado mine was based in Cayman Islands, but moved to Nevada with the sole intent to sue to El Salvador under the terms of the treaty.
words, the fate of a considerable amount of resources the Salvadoran population is decided in Washington and not in El Salvador as a result of mixing mining, free trade agreements and other legal fictions, in a country where 20% of the population is literate, 30% live below the ( highly questionable) indices of poverty and 7 out of 10 families survive on remittances from millions of migrants.
In Guatemala, the company Montana de Guatemala (Goldcorp SA ) , also Canadian, is illegally occupying the land of Mayan communities and exploitation continues to exist despite a request to the Guatemalan State precautionary measures (MC 260-07), granted on May 20, 2010 of the Human Rights Commission for 18 Mayan communities affected in their lives, safety, property and environment, ordering the suspension of operations Marlin Mine, actions aimed at preventing environmental pollution, clean water sources, ensuring access to safe water in sufficient quantity and quality, health programs and provide against the consequences of pollution on people and the environment, among other measures.
The arguments in favor of mining taking advantage of the inequality, exclusion, poverty, unemployment and worker exploitation weighing on indigenous and rural areas within the States of the region. They base their campaigns speeches of progress, development, quality of life and responsible mining, but it is impossible to find examples of local communities in which mining activity has generated well-being and sustainable. Abound, yes, the new conflicts during and after the lifetime of the projects that paid to existing before them. What was that change?
The discussion on reforms to the mining law in Panama focused on environmental issues, the rights of peoples originating and (ironically) the sovereignty of the Panamanian land and mineral resources by the opposition to the project, and the economic approach of increasing revenue fees, fines, royalties and criteria of "competitiveness" by promoters: the Chamber of Mines, the Ministry of Trade and Industry, and generally throughout the executive branch through the bank on the National Assembly. Other approaches to conflict were used superficially or not taken into consideration, at least in public debate.
Whereas the conflict over the mining issue is a manifestation of contradictions in Panamanian society that goes beyond short-term, the arguments and economic and ecological implications, the focus of human rights and the political and ideological, in the debate or implied in it, will be treated in future deliveries, compared with other experiences the mining industry in Latin America.
