Environmental justice Environmental justice and “sustainable and “sustainable

mining”mining”

Guntra AistaraGuntra AistaraCentral European University & UN University for Central European University & UN University for

PeacePeaceUAB Environmental conflicts Summer SchoolUAB Environmental conflicts Summer School

July 6, 2011July 6, 2011

Analytical Analytical ““trapstraps”” and and anthropological approaches to anthropological approaches to

conflictsconflicts1.1. Snapshots, pin pointsSnapshots, pin points

2.2. Definitions, assumptionsDefinitions, assumptions

3.3. ““Culture” Culture”

4.4. Essentialism, romanticization, and Essentialism, romanticization, and demonizationdemonization

5.5. Depoliticizing; dematerializingDepoliticizing; dematerializing

6.6. ““Objectivity”Objectivity”

7.7. Determinism, abstraction, and Determinism, abstraction, and simplificationsimplification

► Left with complexity and contradictions...Left with complexity and contradictions...

Kirsch- Ok Tedi MineKirsch- Ok Tedi Mine

► BHP gold and copper mine in Papua New BHP gold and copper mine in Papua New Guinea, since 1984Guinea, since 1984

► ““Delayed” construction of tailings dam=river Delayed” construction of tailings dam=river disposal of 1 billion tons of tailings and waste disposal of 1 billion tons of tailings and waste

► 1984, cyanide bypass valve left open for 1984, cyanide bypass valve left open for several hours= 100 m3 of cyanide releasedseveral hours= 100 m3 of cyanide released

► International Water Tribunal ruling but no International Water Tribunal ruling but no enforcementenforcement

►Dual interests of state- taxes and shares vs. Dual interests of state- taxes and shares vs. Responsibility to protect citizens through Responsibility to protect citizens through regulationregulation

► Lawsuits in Australia- settled out of court for Lawsuits in Australia- settled out of court for compensation for loss of subsistencecompensation for loss of subsistence

Kirsch – Ok Tedi- LandscapeKirsch – Ok Tedi- Landscape► Landscape not just surroundings, but Landscape not just surroundings, but

physical embodiment of social ties and life physical embodiment of social ties and life stagesstages

►Mining disaster changed perception of Mining disaster changed perception of history as spatial, based on landscape, to history as spatial, based on landscape, to one of “before mine, after mine”one of “before mine, after mine”

► Time told through nature signs- bird songs, Time told through nature signs- bird songs, migrationmigration

► Communication with animals (rather than Communication with animals (rather than separation)separation)

► New, intangible, risksNew, intangible, risks► How to compensate, then, for loss of How to compensate, then, for loss of

landscapes and animals, which signify sense landscapes and animals, which signify sense of space and time?of space and time?

Kirsch - CounterglobalizationKirsch - Counterglobalization

►Costs of collaboration with NGOs: Costs of collaboration with NGOs: essentializing indigenousessentializing indigenous

►Don’t want to choose between Don’t want to choose between development and environment....development and environment....

►Not trying to stop mine, but mitigate Not trying to stop mine, but mitigate effectseffects

►““Divide and conquer” strategies of Divide and conquer” strategies of companycompany

►Property vs. subsistenceProperty vs. subsistence

Kirsch- Reverse AnthropologyKirsch- Reverse Anthropology

►How have indigenous analyses of social How have indigenous analyses of social and environmental relations helped them and environmental relations helped them to respond to the mine?(p.2)to respond to the mine?(p.2)

►Old ethnography: ritual, kinship, Old ethnography: ritual, kinship, exchangeexchange

►New ethnography: class, citizenship, New ethnography: class, citizenship, commodificationcommodification

►Recognize value of their alternative Recognize value of their alternative interpretations of political and economic interpretations of political and economic relationshipsrelationships

Kirsch- Ok Tedi- SorceryKirsch- Ok Tedi- Sorcery

►Mine as “corporate individual” has Mine as “corporate individual” has acted irresponsiblyacted irresponsibly

►Failure to acknowledge relationship to Failure to acknowledge relationship to people downstream (120)people downstream (120)

►Traditionally sorcery the cause of Traditionally sorcery the cause of illness, injury, and accidents; now illness, injury, and accidents; now mining activitymining activity

►Common cause of anger is perception Common cause of anger is perception that exchange relations have not been that exchange relations have not been met- call to public attention to cause met- call to public attention to cause feelings of shamefeelings of shame

Kirsch- “Pollution is a social Kirsch- “Pollution is a social relationship” (129)relationship” (129)

► ““Moral economy of social relations” (126-7): Moral economy of social relations” (126-7): responsibilities of mine greater than responsibilities of mine greater than physical impact on environmentphysical impact on environment

► Through neoliberalism, since state has Through neoliberalism, since state has abdicated its responsibility, communities abdicated its responsibility, communities must interact directly with company (128)must interact directly with company (128)

►Natural science used in EIAs presumes Natural science used in EIAs presumes nature as independent of social and cultural nature as independent of social and cultural relationsrelations

► Indigenous see environment as a hybrid of Indigenous see environment as a hybrid of “things” and social relations, and ask for “things” and social relations, and ask for compensation on both levelscompensation on both levels

Sustainable mining? Sustainable mining?

► Kirsch: corporate oxymorons (“clean coal”)Kirsch: corporate oxymorons (“clean coal”)► Mining moves more earth than any other Mining moves more earth than any other

industry- can it ever be “sustainable”?industry- can it ever be “sustainable”?► What is to be sustained, for whom, and for What is to be sustained, for whom, and for

how long?how long?► Maintain profitability for shareholders!Maintain profitability for shareholders!► Sustainability = “strategically deployable Sustainability = “strategically deployable

shifter”- depends on how deployed by whomshifter”- depends on how deployed by whom► ““strategy to conceal harm and neutralize strategy to conceal harm and neutralize

critique”critique”

Recent tailings dam failuresRecent tailings dam failures from from http://www.wise-uranium.org/mdaf.htmlhttp://www.wise-uranium.org/mdaf.html

Place, yearPlace, year CauseCause EffectsEffects

Russia, Magadan Russia, Magadan region, 2009, region, 2009, gold minegold mine

Heavy rainsHeavy rains 11 homes washed away, 1 person 11 homes washed away, 1 person killedkilled

USA, Tennessee, USA, Tennessee, 2008, coal ash2008, coal ash

Retention wall Retention wall failurefailure

Covered 1.6 km2 in up to 1.83 m Covered 1.6 km2 in up to 1.83 m of ash and mud; downed power of ash and mud; downed power lines, ruptured gas line; damaged lines, ruptured gas line; damaged 12 homes12 homes

China, Zhenan China, Zhenan County 2006, gold County 2006, gold minemine

Failure while Failure while adding 6adding 6thth layer layer

Landslide buried 40 rooms; 17 Landslide buried 40 rooms; 17 missing, 5 injured; 130 evacuated; missing, 5 injured; 130 evacuated; potassium cyanide in 5 km of potassium cyanide in 5 km of Huasui riverHuasui river

Zambia, Nchanga, Zambia, Nchanga, 2006, copper mine2006, copper mine

Tailings pipeline Tailings pipeline failurefailure

Acid tailings in Kafue river (copper Acid tailings in Kafue river (copper manganese, cobalt); shut down manganese, cobalt); shut down drinking water supply drinking water supply

Canada, British Canada, British Columbia, 2004, Columbia, 2004, mercurymercury

Tailings dam Tailings dam collapse during collapse during reclamationreclamation

6,000 to 8,000 m3 of dirt and 6,000 to 8,000 m3 of dirt and waste water spilled into Pinchi lakewaste water spilled into Pinchi lake

Philippines, Philippines, Zambales, 2002, Zambales, 2002, silver silver

Overflow and spill Overflow and spill of abandoned of abandoned tailings dams after tailings dams after heavy rainsheavy rains

Spill into Mapanuepe Lake and St. Spill into Mapanuepe Lake and St. Thomas River, villages flooded, Thomas River, villages flooded, 250 families evacuated250 families evacuated

Hungary red sludge disaster, Hungary red sludge disaster, 20102010

Hungarian red sludge disaster, Hungarian red sludge disaster, 20102010

► Tailings dam break at alumina plant- byproducts of Tailings dam break at alumina plant- byproducts of refining bauxiterefining bauxite

► 700,000 m3 alkaline (ph9-13.5) red sludge 700,000 m3 alkaline (ph9-13.5) red sludge containing metal oxides- caustic burns to skin, dust containing metal oxides- caustic burns to skin, dust causes respiratry problemscauses respiratry problems

► After heavy rains, “tsunami” washed through four After heavy rains, “tsunami” washed through four villages, all villages uninhabitable (40 sq. Kilometers)villages, all villages uninhabitable (40 sq. Kilometers)

► Washed into tributaries of Danube and hit Danube Washed into tributaries of Danube and hit Danube three days later ( Europe’s 2three days later ( Europe’s 2ndnd longest longest river) ;neutralized with gypsumriver) ;neutralized with gypsum

► 10 died, 120 injured because happened during the 10 died, 120 injured because happened during the dayday

► $97.3 million initial clean-up estimate$97.3 million initial clean-up estimate

Crucitas: Welcome to the (Eco)-Crucitas: Welcome to the (Eco)-MineMine

Changing names; changing Changing names; changing politicspolitics

►1992 Placer Dome buys land, begins 1992 Placer Dome buys land, begins explorationexploration

►1998 Sold to Lyon Lake1998 Sold to Lyon Lake►2000 Sold to Vanessa Ventures2000 Sold to Vanessa Ventures►2002: V.V. Receives concession from 2002: V.V. Receives concession from

government-first big protestsgovernment-first big protests►VV changes name to Industrias Infinito VV changes name to Industrias Infinito

(Infinito Gold)(Infinito Gold)

Parameters of mineParameters of mine► estimated 1 m ounces of goldestimated 1 m ounces of gold► Project area 1474 ha- former pasture, farm, Project area 1474 ha- former pasture, farm,

forest landforest land►Mine Mine 176 hectares. 2 pits (50 ha) and tailings 176 hectares. 2 pits (50 ha) and tailings

dam (126 ha) ; 65 m deepdam (126 ha) ; 65 m deep►Will leave “200 hectares of lakes; 1274 ha of Will leave “200 hectares of lakes; 1274 ha of

forest regeneration” forest regeneration” ► 3000 shareholders (2008)3000 shareholders (2008)► $68 million capital costs$68 million capital costs► CyPlus cyanide destruction; SO2-H2O2 CyPlus cyanide destruction; SO2-H2O2

additionaddition►Working 350 days/ year; moving 5,000 tpd Working 350 days/ year; moving 5,000 tpd

hard rock; 7,500 tpd saprolite for 12 yearshard rock; 7,500 tpd saprolite for 12 years► ““Strong potential to expand resource”Strong potential to expand resource”

Legal historyLegal history► 2002 May: A. Pacheco declares moratorium on mining 2002 May: A. Pacheco declares moratorium on mining

(Crucitas exempt)(Crucitas exempt)► 2004 Constit. Court annuls permit b/c violates C. 2004 Constit. Court annuls permit b/c violates C.

A. Biodiversity agreement A. Biodiversity agreement ► 2006 Dec. Const. Court upholds ruling that not 2006 Dec. Const. Court upholds ruling that not

permittedpermitted► (2007 Glencairn Bellavista mine closed after landslides)(2007 Glencairn Bellavista mine closed after landslides)► 2008 Feb. modified EIA project approved (reducing area 2008 Feb. modified EIA project approved (reducing area

to 50 ha, but tripling depth)to 50 ha, but tripling depth)► 2008 Oct. 13 executive order of Crucitas as “public 2008 Oct. 13 executive order of Crucitas as “public

interest and national convenience“; Oct. 21 tree cutting interest and national convenience“; Oct. 21 tree cutting suspended by Constitutional Court suspended by Constitutional Court

► 2010 April 16 Const. Court determines mine will 2010 April 16 Const. Court determines mine will not hurt environment; April 17 injunction filed not hurt environment; April 17 injunction filed with Contentious Administrative court with Contentious Administrative court

► 2010 Nov. 24 Contentious Administrative Court 2010 Nov. 24 Contentious Administrative Court annulled concession, ordered investigation of annulled concession, ordered investigation of Arias and officials; I.I to Arias and officials; I.I to pay environmental damagespay environmental damages

Main contentious pointsMain contentious points

► Endangered and valuable species: macaws Endangered and valuable species: macaws and yellow almond trees; 24 othersand yellow almond trees; 24 others

► Potential cyanide spills, acid mine drainagePotential cyanide spills, acid mine drainage► Contamination of underground aquifersContamination of underground aquifers► Proximity to Nicaragua and international riverProximity to Nicaragua and international river►Drowning a public road Drowning a public road ► National image "Paz con la Naturaleza" National image "Paz con la Naturaleza" ►Mine reclamation and maintenance after Mine reclamation and maintenance after

($600,000 environmental guarantee) ($600,000 environmental guarantee)

Environmental issuesEnvironmental issues

► Reduced area from 126 to 50 ha, but Reduced area from 126 to 50 ha, but increased depth from 12 to 65 mincreased depth from 12 to 65 m

► Underground aquifer at 73 mUnderground aquifer at 73 m► Acid mine drainage when residue exposed Acid mine drainage when residue exposed

to air= sulfuric and sulfate salts)to air= sulfuric and sulfate salts)► EIA only in direct influence area, not indirect EIA only in direct influence area, not indirect

( river basins)( river basins)►No studies on drought or climate changeNo studies on drought or climate change► 15 km (90 min.) to San Juan river15 km (90 min.) to San Juan river

Company strategiesCompany strategies

►Social benefits and development (taxes; Social benefits and development (taxes; reforestation 50:1; roads, bridges, reforestation 50:1; roads, bridges, electricity; jobs and training (260); electricity; jobs and training (260); funding for schools, social programs funding for schools, social programs ($700,000/ year)- “logic of equivalence”($700,000/ year)- “logic of equivalence”

►Founding local “environmental NGO”Founding local “environmental NGO”►Sponsoring politicians; Canada Day at Sponsoring politicians; Canada Day at

Embassy 2011Embassy 2011►““I’ll see you in Court” (activists and I’ll see you in Court” (activists and

country)country)

““Generating lakes and Generating lakes and forests”forests”

Activist strategiesActivist strategies

►Public protest (national interest)Public protest (national interest)►Hunger strikes, “pilgrimage” to mine Hunger strikes, “pilgrimage” to mine

( 170 km)( 170 km)►Exposing legal and environmental Exposing legal and environmental

contradictions (timing of decisions; contradictions (timing of decisions; missing documentation missing documentation

►““Our problem is not the company, it is Our problem is not the company, it is the state”the state”

The role of governmentThe role of government

► Pacheco: moratorium on open pit miningPacheco: moratorium on open pit mining (anti CAFTA)(anti CAFTA)

► Arias: lifts moratorium; executive order Arias: lifts moratorium; executive order for for I.I to I.I to start operationsstart operations

► Chinchilla: reinstates moratoriumChinchilla: reinstates moratorium►Ministry: implements antiquated mining Ministry: implements antiquated mining

codecode► Parliament: bans open pit miningParliament: bans open pit mining► Constitutional Court: back and forthConstitutional Court: back and forth► Administrative Court: annuls permitAdministrative Court: annuls permit► Local government: back and forthLocal government: back and forth

Divided public opinionDivided public opinion

►Local: Jobs vs. EnvironmentLocal: Jobs vs. Environment►Regional and National: foreign Regional and National: foreign

dominationdomination► International: conflict with Nicaragua International: conflict with Nicaragua

Shifting narratives and Shifting narratives and framesframes

► Industrias InfinitoIndustrias Infinito 2008: most advanced 2008: most advanced

technology; high social technology; high social benefits benefits

2009: “leader in 2009: “leader in environmental environmental management and social management and social solidarity” solidarity”

2010: “we are just poor 2010: “we are just poor miners that became miners that became trapped in a debate trapped in a debate about national about national development”development”

► Opposition groupsOpposition groups 2008: emotional 2008: emotional

presentation of riskpresentation of risk 2009:mine permits 2009:mine permits

illegal, unknown illegal, unknown potential riskspotential risks

2010: technically, 2010: technically, assessments shoddily assessments shoddily donedone

Analytical approaches to Analytical approaches to CrucitasCrucitas

►Social vs. Scientific RationalitySocial vs. Scientific Rationality► Identity and strategic essentialismIdentity and strategic essentialism►Prevention vs. CompensationPrevention vs. Compensation►Symbolic ecology and framesSymbolic ecology and frames

Relation and application to other Relation and application to other rural conflicts and issuesrural conflicts and issues

►Land conflictsLand conflicts►Livelihoods and alternative Livelihoods and alternative

developmentdevelopment►Property and intellectual propertyProperty and intellectual property►Role of state regulation/ deregulationRole of state regulation/ deregulation► Identity, worldview, social movementsIdentity, worldview, social movements►Symbolic ecology, framing, discourse Symbolic ecology, framing, discourse

analysisanalysis