mining

Peru denied legal costs in FTA pollution case

An international arbitration body, having ruled for Peru in a case brought by a US mineral interest under terms of the Free Trade Agreement, is now denying Lima recovery of its legal costs. New York-based Renco Group Inc brought the case before the UN Commission on International Trade Law (UNCITRAL) in 2011, charging Lima with violating investment protection provisions of the FTA, formally known as the US-Peru Trade Promotion Agreement. At issue was Lima's demand that Renco's affiliate Doe Run Peru clean up decades of toxic pollution linked to lead and zinc smelting at its facilty in La Oroya, which Renco said forced the subsidiary into bankruptcy. Renco sought $800 million in compensation. UNCITRAL turned down Renco's claim on jurisdictional grounds in July 2016, but subsequently decided to waive its usual "loser pays" principle, forcing Peru to pay half the legal costs in the case, some $3.8 million. UNCITRAL cited Peru's delay in raising its objections to the tribunal's jurisdiction. Renco says it will file the case again "in a manner that cures the technical legal defect that was the basis for the dismissal." Peru's new President Pedro Pablo Kuczynski has pledged to re-open the idled Oroya complex, and says its auction to new owners willing to address its financial and environmental problems will take place in March. (Lexology, Jan. 24; Gestión, Jan. 12; Law360, Nov. 14; Bloomberg, July 18; VOA, July 6)

FARC narco-factions refuse to lay down arms

The historic peace process in Colombia is finally resulting in demobilization of the country's FARC guerilla fighters, who are now gathering at designated points in the countryside to turn over their arms. The effort has won President Juan Manuel Santos a Nobel Peace Prize. But FARC leaders admit that five regional commanders—said to be those most co-opted by the narco trade—are refusing to lay down arms, and have been officially expelled by the guerilla army's high command. According to a FARC communique extensively quoted in Bogotá daily El Tiempo Dec. 13, one of the renegade guerilla leaders is "Gentil Duarte," who before his expulsion was a member of the FARC high command. Also named is "Jhon 40," the notorious commander of a jungle zone along the Venezuelan border, a key transfer point for cocaine and other contraband. He is also believed to profit off of illegal mining operations in the zone.

Ecuador: ecology group ordered closed

Ecuador's government on Dec. 19 issued an order for the dissolution of the Quito-based organization Acción Ecológica, for 30 years a voice for the country's indigenous peoples in their struggles against oil and mineral development. The Interior Ministry issued the order, accusing the group of complicity in "violent acts" carried out by anti-mining protesters in the Amazon region. A group of experts from the UN Human Rights Council issued a statement Dec. 30 protesting the order, and calling on Ecuador's government to halt "repressive measures that seek to asfixiate civil society." The statement said: "The government of Ecuador seems to be systematically dissolving organizations when they become too vocal or challenge government orthodoxy."

Tibet: climate struggle frontline

Climate change is likely to blame for a massive avalanche in Tibet that killed nine people in July, according to an analysis of the distaster published Dec. 9 in the Journal of Glaciology. More than 70 million tons of ice broke off from the glacier capping the Aru Mountains of western Tibet's Rutog county on July 17, covering 9.6 square kilometers (3.7 square miles) of the valley floor in just four or five minutes and killing nine nomadic yak herders. The study was undertaken by researchers from the Chinese Academy of Sciences and a US team including Lonnie Thompson of the Byrd Polar and Climate Research Center, who has done simiiar work in the Andes. The team found that melted water at the glacier's base must have lubricated the ice, speeding its path down the mountainside. "Given the rate at which the event occurred and the area covered, I think it could only happen in the presence of meltwater," said Thompson, adding that other nearby glaciers may now also be vulnerable. "Unfortunately, as of today, we have no ability to predict such disasters."

Indonesian court rejects bid to save Aceh forest

In a blow to rainforest conservation in Sumatra, an Indonesian court on Nov. 29 dismissed a class-action lawsuit seeking to force the Aceh provincial government to protect the threatened Leuser Ecosystem in its land-use plan. The Central Jakarta District Court found that the provincial bylaw permitting mining within the Ecosystem caused no material losses to the plaintiffs—despite the fact that the Ecosystem is protected under national law as a "national strategic area." Five million people rely for clean water on Leuser’s forests, which also protect against natural disasters. Deforestation in Aceh's Tamiang district, for example, caused flash floods that displaced tens of thousands of people in 2006. 

Peru: dramatic rainforest loss from mining

Gold mining in Peru has razed almost 62,500 hectares of rainforest —an area over ten times the size of Manhattan—between October 2012 and October 2016, according to a new report by the Monitoring of the Andean Amazon Project (MAAP). While the tendrils of gold mining are spreading across the country, the region of Madre de Dios still accounts for the vast majority of mining-related deforestation to date, MAAP researchers write.

APEC summit: Peru moves closer to China

During the Asia-Pacific Cooperation Forum (APEC) summit in Lima, protesters took to the streets to oppose the US-led Trans-Pacific Partnership trade deal—just as it appears to be on the rocks with the election of Donald Trump. But as the summit closed, China's President Xi Jinping and his Peruvian counterpart Pedro Pablo Kuczynski signed a series of bilateral agreements to advance "free trade" between the two countries and cooperation in the mineral and resource sectors. Xi especially plugged the Chinese-backed mega-project to build a transcontinental railway through the Amazon basin, and praised Peru for its ground-breaking 2010 free trade agreement with China. "Peru was the first Latin American country to sign a comprehensive free trade agreement with China. It's leading the region on cooperation with China," Xi said through an interpreter in a speech before Peru's Congress. 

Peru: stand-off continues at Las Bambas mine

The mammoth Chinese-owned copper mine at Las Bambas, in Peru's Apurímac region, was prepared to halt operations as protesters blocked roads last month, but the blockades were relaxed after Vice President Martin Vizcarra flew in from Lima to meet with local leaders Oct. 22. Vizcarra pledged a review of community grievances over environmental impacts and recompense to localities for use of roads. Two days earlier, the body of Quintino Cereceda, a protester killed by police Oct. 14, was buried at his community of Choqquecca, signaling a de-escalation of the stand-off. Residents had pledged not to bury the body or turn it over to authorities until President Pedro Pablo Kuczynski came to meet with them. The Interior Ministry acknowledged that Cereceda had been killed by National Police fire.

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