International Law and Illegal Mining
Illegal mining activities blatantly violate international laws, including those set by the United Nations Office on Drugs and Crime (UNODC). These operations often evade legal frameworks due to corruption and lack of enforcement, perpetuating a cycle of lawlessness and criminal enterprise. Additionally, the Minamata Convention on Mercury, which seeks to reduce mercury pollution, is routinely disregarded in illegal gold mining, exacerbating environmental and health crises.
The Minamata Convention on Mercury, ratified by many Amazonian countries, is crucial. This international treaty aims to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds. Despite its goals, illegal mining operations continue to use mercury extensively to extract gold, releasing toxic amounts into the environment and severely impacting local communities. For instance, the Convention highlights the need to minimize and, where feasible, eliminate mercury use in artisanal and small-scale gold mining—a directive often ignored by illegal miners in Latin America.
Environmental Degradation
The environmental consequences of illegal mining are devastating. In the Amazon rainforest, illicit mining of gold drives deforestation, habitat destruction, and biodiversity loss. Reports by Earth.org and EFE document how criminal networks engage in illegal deforestation, often using violence to silence forest defenders and local activists. The environmental impact extends beyond immediate destruction; mercury contamination from gold mining poisons waterways, affecting wildlife and human populations.
Mercury contamination is a critical issue, with an estimated 2,300 tons of mercury dumped into the Amazon River since 1994, and rivers like the Orinoco, Magdalena, and more suffering from excessive pollution. This toxic element causes severe health problems, including nervous system damage and cognitive impairments, particularly affecting indigenous populations dependent on the river. Deforestation and habitat destruction due to illegal mining have also been significant, with large swathes of forest lost and ecosystems disrupted.
Human Rights Violations
Illegal mining has dire human rights implications. In Venezuela, for example, armed groups control mines with brutal force, often resorting to extreme violence to maintain their dominance. Reports indicate miners face amputation, beatings, and even murder if they disobey rules. Moreover, the use of mercury in these mines poses significant health risks, particularly to children and pregnant women. The rampant use of child labor in mining operations highlights a severe violation of international human rights laws. Children are subjected to hazardous conditions, working in deep pits and handling toxic substances without any protective gear.
In Peru, illegal mining operations have led to severe social issues, including the exploitation and abandonment of indigenous women by miners using false identities. The lack of effective governmental presence has exacerbated these human rights abuses, particularly in remote areas.
Environmental defenders who stand up against these abuses and the environmental degradation caused by illegal mining are frequently targets of violence. In Latin America, they face a higher risk of threats and assassinations, with many cases of such violence going uninvestigated and unpunished. Women defenders are especially vulnerable; facing threats specific to their gender, ethnicity, and other characteristics, including sexual violence and public and political intimidation.
To address these issues, the American Bar Association Rule of Law Initiative (ABA ROLI) is currently implementing the program Supporting Environmental Defenders in Latin America. This 24-month program aims to strengthen regional capacities for coordinated interventions to respond, protect, and prevent human rights violations of environmental defenders in Colombia, Brazil, Ecuador, Peru, Bolivia, and Venezuela. ABA ROLI’s program focuses on enhancing the capacity of environmental defenders and civil society organizations (CSOs) to promote and pursue justice in environmental matters, improve security measures for defenders, and bolster efforts to hold governments accountable for enforcing environmental laws and protecting defenders.
Through the program, ABA ROLI has organized regional exchange events to facilitate conversations on international and regional agreements and initiatives, trends in mining—legal and illegal—and accountability and responsibility of mining companies and national governments. These conversations provide a space for social organizations, environmental defenders, and legal clinics to exchange information and contribute to the responsiveness and sustainability of networks of environmental defenders. Also, ABA ROLI organized institutional strengthening workshops to reinforce civil society organizations’ capacities to formulate, plan, and manage projects in partnership with international alliances. As of September 2023, 162 human rights defenders have been trained and supported under this program.
Transnational Organized Crime
Illegal mining operations deeply intertwine with transnational organized crime. A report by INTERPOL and the United Nations Environment Programme (UNEP) highlights that the illicit trade in minerals and metals is one of the largest sources of financing for organized crime worldwide. The report estimates that illegal mining generates between $12 billion and $48 billion annually, funds funneled into other illicit activities and help sustain powerful criminal organizations. Efforts to combat these networks require international cooperation and stringent enforcement of laws against illegal mining and associated crimes.
The involvement of powerful criminal organizations makes it challenging for law enforcement to tackle illegal mining effectively, as these groups often have significant resources and influence. For example, in Colombia, the National Liberation Army (ELN) and dissidents of the Revolutionary Armed Forces of Colombia (FARC) have been heavily involved in illegal mining operations, using the profits to fund their insurgent activities and sustain their armed campaigns. These groups have established extensive networks to control mining territories, impose rules, and violently suppress opposition. In Peru and Brazil, organized crime groups have similarly engaged in illegal mining, using the lucrative gold trade to bolster their criminal enterprises.
Conclusion
Illegal mining in Latin America is a critical issue that undermines international law, human rights, and environmental sustainability. Addressing this crisis requires a concerted effort from governments, international organizations, and civil society to enforce legal frameworks, protect vulnerable communities, and preserve vital ecosystems. The stakes are high; combating illegal mining and its far-reaching impacts effectively with coordinated action is possible. Programs like the one implemented by ABA ROLI demonstrate the potential for impactful interventions. Expanding such initiatives can strengthen regional capacities, enhance the protection of environmental defenders, and foster collaboration among various stakeholders to create sustainable solutions. By building on successful models, stakeholders can develop robust strategies to mitigate the adverse effects of illegal mining and promote a more just and environmentally sustainable future.
