Chile: consultation is needed.

This year Chile has seen several mining projects blocked after local opposition. A recent case, EL Morro mine in northern Chile shows the importance of ‘prior and informed consent’ since the community affected i.e. Diaguita was not consulted.

The BBC reports that back in April, a national court actually rejected the case to which the community appealed. The Diaguita peoples argued that Goldcorp, did not conducted proper consultations with local communities (as required by the ILO Convention 169 and UNDRIP – both signed and ratified by Chile).

Maglene Campilley, a Diaguita’s leader, acknowledged that the community is ‘happy’ to see that justice is on the side of those that ‘defend Mother Earth’.

What is next? A consultation needs “to take place before an environmental permit can be awarded allowing mining to take place.”

Christine Marks, Goldcorp spokesperson, said that “The company remained committed to open and transparent dialogue with its stakeholders and to responsible practices in accordance with the highest applicable health, safety and environmental standards."

Well...we have to wait and see. The Diaguita community noted that the project ‘could pollute a local river’. On the other hand, the said mine is value at almost $4bn. Will justice be on the side of mother Earth?

Source BBC.

To consult or not to consult (?)

In light of the news that the Chilean Supreme Court nulls once again (this year) an environmental assessment due to irregularities including consult with the Indigenous Peoples, I therefore, question: shall we consider to consult or not to consult?

The answer is pretty simple, it is not a question, it is a fact! Indigenous peoples have a right to consultation when development projects are taking place on their lands – as stated in the International Labor Organization’s Convention 169 (ILO 169).


Background of the case
The case involves the 'Comunidad Agrícola los Huasco Altinos' and the “El Morro” mining project, owned by Sociedad Contractual Minera El Morro, represented by Golport, based in Vancouver, Canada. In order to exploit the mine and continue with the project, Golport needed an environmental assessment, which was granted by the Regional Environmental Evaluation Commission back in March 2011. However, according to ILC news, the case presented a ‘twist’ since the community called the Diaguita people, was not technically recognized as an ‘indigenous people’ until 2006. Therefore, the land that the project affects, and which are titled to the community, are not technically recognized as 'indigenous lands' because it predates the said year.

Nevertheless the community succeed bringing the case claiming that “when environmental impact studies were conducted for the El Morro project, and when the government assessed those studies, both the company and the Chilean government failed to apply legal protections that relate specifically to indigenous peoples.” It refers to Chile’s 1993 Indigenous Law and ILO Convention 169 both of which include:

• protection for indigenous lands, and natural resources;
• and consultations.

None of these were applied when the project evaluation took place.

In due course, the Supreme Court decided in favour of the Diaguita Huascoaltinos Indigenous and Agricultural Community and ordered that the environmental assessment be repeated taking into consideration indigenous legislation and rights.


Some unprofessional conduct
Mr Campusano, Community’s president, together with Nancy Yáñez, attorney who is representing the Community refer to certain practices that they have encountered:
1.- Denial of Indian status being used just to make possible this type of project .
2.- The company in charge of the project has approached individuals in the community, offering cars and money (a lump sum per year per family)in order to override the resistance to this mining project.

More info here and here.

"Another one bites the dust And another one gone and another one gone"

Last week the Chilean Supreme Court held a verdict in favor of a Huilliche-Mapuche community . The community was trying to stop the company Ecopower from building 56 wind turbines on the island of Chiloé under the grounds (inter allia) that they were never effectively consulted about the project. Moreover, they argued that the said project would have a negative effect on Mapuche ceremonial sites and burial grounds.

The Supreme Court agreed that consultation had not occurred and ordered the company to stop the project until consultation has been done.

Here we can notice several arguments based on the International Labor Organization’s Convention 169 (ILO 169). Firstly, the right that indigenous peoples be consulted about development projects that directly affect them (Art 6). Secondly, according to the Mapuche community the project will affect their cultures and spiritual values – a violation on Art 13.

Chile ratified ILO 169 in 2008 and recently we posted a similar decision hold by Temuco Appeals Court regarding the same situation: indigenous peoples no being consulted in projects that may affect them.

Yet, the defendants argued that COREMA (the Regional Environmental Commission) approved the environmental impact study and so allowing the wind farm project to move forward. Moreover, it is also argued that COREMA held meetings and invited citizen participation to occur before reaching its final decision. However, the Huilliche community argued that because such consultation did not occur when it was supposed to. The Supreme Court agrees with the Mapuche community establishing that “COREMA’s actions did not amount to meaningful consultation with the Huilliche community, in part because even if the community had fully participated in such meetings they still lacked any meaningful opportunity to influence how the project would ultimately move forward.”

The title today comes from the song 'another one bites the dust' written by John Deacon and sung by Freddie Mercury...that was the feeling I got. The message that the Chilean courts are sending is pretty clear: listen and learn (but mostly consult with the right people!)