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Large-Scale Mining to Test Rights of Nature in Ecuador

Ecuador is the only Andean nation without any large-scale metallic mines (such as gold and copper). This unique state of affairs is about to be tested in the next few weeks when the Correa government signs exploitation agreements with Chinese and Canadian transnational miners looking to exploit the country's copper and gold reserves. More importantly, the legitimacy of the nation's Constitution, which grants nature rights, will also be tested.

There is no other economic activity in the world that would so clearly violate the rights of nature as large-scale open-pit mining. Large-scale mining, unlike petroleum, creates environmental liabilities that can endure for thousands of years. The impacts are order of magnitude worse.

Bingham Canyon, an active open pit copper mine in Utah, can be seen from outer space. It is over a kilometer deep and four kilometers across. A similar gaping hole in Chile's Atacama desert, the Chuquicamata copper mine, has eaten a good part of the town by the same name and can, likewise, be seen from outer space. The infamous Ok Tedi copper and gold mine in Papua New Guinea, on the other hand, has devastated a whole river's ecosystem, impacted fisheries and, by the time the mine closes, it will have destroyed 3,000 square miles of tropical forests, as well as the livelihood of 30,000 local inhabitants. The still-active mine disgorges nearly 160,000 tons of spent ore and waste rock per day into nearby rivers.

Water is the resource most impacted by these mines. Many mines around the world, including some in the US and Canada, are leaching heavy metals into rivers and the ocean today, and will continue to do so for thousands of years. Millions of gallons per day may have to be used, transported- and contaminated- as part of a normal mining operation. A good deal of that water will be mixed with toxic chemicals like cyanide, in order to extract the few grams of gold that is usually found in a typical ton of gold-bearing ore. Some of the water draining from mines is as acidic as car battery fluid, and more toxic.

In fact, according to the US Environmental Protection Agency, mining in the US accounts for over one half of all toxic releases into the environment, and produces an unimaginable 8-9 times more solid waste, per weight, than that all its municipalities put together. The costs of stabilizing and treating some of these impacts are staggering. A mining project in Montana is the single biggest Superfund site in the US, with nearly one billion dollars earmarked to try to clean up the huge toxic mess left behind after decades of mining and milling.1 You'd think so much destruction would add greatly to a country's economy. Yet, in the US, the economy of mining adds less than 1% to the nation's Gross National Product.

Thus, it is clear that there is no way that large-scale mining can avoid serious, irreversible, and long-lasting environmental impacts. MORE

And there are troubling signs aplenty: People's Court Finds Ecuador's President Guilty of Criminalizing Protest

It's been three years since Ecuador became the first country in the world to grant nature "inalienable rights" in its constitution. As the country (on behalf of 30,000 Ecuadorian plaintiffs) continues in its ongoing legal battle against Chevron (formerly Texaco) for damages associated with the company's destructive practices in the Amazon, another enforcement issue is emerging: the criminalization of protest. The situation in Ecuador will certainly serve to inform policies as other countries -- like Bolivia and Turkey -- prepare to enact their own similar environmental laws.
At the recent week-long Continental Conference in Defense of Water and Mother Earth that took place June 17-23 in Cuenca, Ecuador, a (non-binding) people's court heard hours of testimony regarding charges that the current Ecuadorean government, under the leadership of President Rafael Correa, is criminalizing "defenders of human rights and nature." The jury of this "Court of Ethics" concluded that "there is a systematic practice to discipline social protest and thus eliminate it...While justice is employed to criminalize the defenders of nature, it remains passive before human rights violations committed against them and against nature."
Correa was in power when the country's Constitution was redrafted to include the new language. Even at the time of the vote, some analysts were focused on how the changes might help Correa "gain and hold more power".
The people's court, which has no jurisdictional power, made a series of recommendations, including that the president refrain from making public statements that delegitimize and stigmatize environmental activists. According to Upside Down World, Correa made the following statement in 2007, at the beginning of his term: "Don't believe in romantic environmentalists. Anyone who is opposed to development in this country is a terrorist." He was referring to the community of Dayuma, Orellana which was protesting oil drilling in their territory.

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ETA: ECUADOR Fate of Untapped Oil Hangs in the Balance - of Trust Fund

QUITO, Jul 14, 2011 (IPS) - "Ecuador will not wait ad infinitum" for a decision by the international community, and "at the end of the year" President Rafael Correa will decide whether to extract oil that was to have been left underground at the Yasuní nature reserve, non-renewable natural resources minister Wilson Pástor has announced. The novelty in Tuesday's announcement was that Pástor detailed an oil production plan, in the event that drilling goes ahead. He said 14 wells would be drilled, with an investment of 8.6 billion dollars at the extremely attractive internal rate of return of 99 percent. The minister also gave the possible start date for production in the oilfields as the third quarter of 2012, and added that "the fields are less than 100 km away from an oil pipeline that has spare capacity." He was referring to the Heavy Crude Pipeline (OCP), built in Ecuador by private companies to transport oil from the Amazon jungle to the Pacific coast, and mainly owned by the Spanish firm Repsol. Pástor's announcement at the opening session of the First Latin American and Caribbean Seminar on Oil and Gas, organised by the Ecuador-based Latin American Energy Organisation (OLADE), was the most detailed so far from a government spokesperson about the option to exploit the crude oil.

The Under Secretariat of Hydrocarbons Policy has already been contacting potential interested parties since March, in case the drilling goes ahead. The initiative for not extracting the oil was originally proposed 20 years ago by Fundación Natura, the largest environmental organisation in Ecuador, and has since been supported by a number of environmental and indigenous groups defending the Yasuní National Park and its buffer zone, where the oilfields are located.

The Yasuní is one of the world's most highly biodiverse regions, with more plant and animal species found in one hectare than in the whole of North America, according to scientific studies.

It is also home to the Tagaeri and Taromenane indigenous groups who are living in voluntary isolation from the outside world.

The Yasuní, declared a national park in 1979 and a World Biosphere Reserve 10 years later, covers an area of 982,000 hectares of the Upper Napo river basin.

Leaving one of the country's largest oil reserves underground would reduce emissions of carbon dioxide, one of the main greenhouse gases responsible for global warming, by 407 million tonnes, environmentalists say.

The environmentalists' proposal was adopted by Correa when he took office in 2007, and he made it official Jun. 5, 2007 at the United Nations as a multifaceted project, combining protection of the environment and of indigenous communities with promotion of renewable energies, to which the funds would primarily be devoted. MORE