Small-Scale Miners Face Crackdown as Foreign Companies Set Sights on Colombia
By Leah Gardner | Upside Down World | April 11, 2012
Police arrived at the Santa Isabel mine in Colón-Génova on February 21, 2012. The officers asked these local miners to attend a meeting to see if they could sort out their licensing request; However, when the roughly twenty-five miners arrived, they were read their rights and arrested.
About a week later, a report ran on television stating that police had arrested a group of illegal miners in Colón-Génova who were making over 150 million pesos ($CAD 84,500) per month and using their earnings to fund the FARC and Los Rastrojos, a paramilitary group.
The miners say they were shocked. “It’s ridiculous,” says Ferney Gamboa, one of those arrested. “A person here makes between 320,000 and 480,000 pesos ($CAD 180 -270) per month.” Miners then invest earnings into their farms and families, he adds. “We have no contact with armed groups.”
This assertion has been backed by local officials. Pedro Vincente Obando, the Secretary of the Governor of Nariño, said at a conference on March 27, 2012 that the charges were “false and dangerous.”
A Mining Country
Miners and the Comité de Integración del Macizo Colombiano, (Committee for the Integration of the Colombian Massif – CIMA), a rural social movement allied with the miners, believe that this is part of a federal government strategy to phase out informal mining and pave the way for foreign multinationals.
“We are seeing the criminalization of artisanal mining in this country,” says Luz Mila Ruana, an organizer for CIMA in Nariño. She adds that a subsidiary of the South Africa-based mining company AngloGold Ashanti has begun preliminary exploration activities around the Santa Isabel mine.
Miners say that while being accused of funding illegal armed groups was a shock, the arrival of police wasn’t much of a surprise. They have been waiting for nearly a year to submit their license application, but have been held up by administrative delays.
The Instituto Colombiano de Geología y Minería (Colombian Geology and Mining Institute – Ingeominas), the government body responsible for processing applications, stopped accepting requests for the legalization of traditional mines in 2011 after it reportedly received an overwhelming number of applicants. “Now they are saying we can submit in April,” says Gamboa. He doesn’t seem convinced.
Meanwhile, news of ‘illegal’ miner arrests is common in the Colombian media. Since the adoption of a new mining code in 2001 and new policies meant to crackdown on informal mining, the Colombian government has given unlicensed operations until 2012 to obtain the proper paper work or face arrest.
The national government has made illegal mining a political and military priority, arguing that unlicensed operations cause environmental damage and contribute to the ongoing internal conflict by financing armed groups. In November 2011, officials said they had closed 329 unlicensed gold mines, arresting 1,228 people.
Miners and CIMA organizers are convinced that these policies have little to do with the environment or national security, and much to do with the federal government’s plan to turn the country into a large-scale mining giant by 2019.
The CIMA and Canadian non-governmental organizations focusing on mining are quick to point out that the 2001 mining code was written in consultation with Canadian and Colombian mining companies — a process that was funded in part by a grant from the Canadian International Development Agency (CIDA).
Since its adoption, foreign mining company royalty rates have dropped from 10% to .4%. Simultaneously, the number of mining permit requests and concessions have increased dramatically, with Canadian companies making up a large portion of mining exploration investment.
The vision of Colombia as an untapped haven for large-scale mining stands in stark contrast to the reality, in which millions of small and artisanal miners are already working throughout the country.
The nearly one-hundred men and women working at the Santa Isabel mine have been doing so with the permission of the local land owner for nearly forty years. Miners here work in small teams to extract tiny particles of gold from rocks dug out of shallow holes in the mountainside. To do this, they use water and large wooden sluices which hark back to the days of the California gold rush.
They do not use toxic chemicals, but many small-scale operations — and all large-scale ones — in the country do use toxins. It is no wonder then that Colombia has some of the highest levels of mercury contamination in the world.
Ferney Gamboa argues that compared to his operation, a massive gold mine in the area would be far more detrimental to the environment. “A large-scale mine will have a much larger impact. These companies use cyanide and huge amounts of water.”
A Country in Conflict
As for the funding of armed groups, CIMA organizers believe that large-scale development projects pose the highest risk to empowering illegal actors. In 2007, Chiquita Brands pled guilty to violating US anti-terrorism laws after admittedly making payments to the United Self-Defense Forces of Colombia (AUC), a right-wing paramilitary group. A civil suit brought by families of the victims of paramilitaries is still ongoing. Drummond Ltd., an American coal mining company is currently facing a trial in the US for the same issue, while British Petroleum (BP) settled out of court with victims of paramilitaries that it allegedly funded in 2009.
Paramilitaries are notorious in Colombia for murdering community leaders and appropriating land through terror tactics. After a deeply flawed demobilization process between 2003 and 2006, these groups are still active today, although under different names. Colombia still contains the second largest internally-displaced population in the world, behind Afghanistan, with 87% of displaced people originating from mining and energy-producing regions.
The Colombian military is also present in extractive zones, with 30%, or 80,000 members, of the country’s public forces dedicated to protecting oil and mining industry infrastructure. This has also created problems for small scale miners and farmers. In 2006, military troops killed Alejandro Uribe and Carlos Mario García, miners who were outspoken critics of foreign extractive companies active in the Bolivar Department, including AngloGold Ashanti. The army claimed that the two men were guerrilla fighters killed in combat, an argument rejected by local communities and dismantled by investigative journalists and rights groups like Amnesty International.
This confusion between civilians and guerrilla fighters is not out of the ordinary in Colombia. The Coordinación Colombia Europa Estados Unidos (Colombia Europe United States Coordination – CCEEU) reports that 535 civilians were victims of unlawful killings by Colombian public forces between January 2007 and July 2008. In 2008, the false positive scandal revealed that military troops had murdered scores of poor urban youth and farmers, and then dressed the bodies up to look like guerrilla fighters in order to inflate the military’s combat success rate.
‘False positives’ pervade the Colombian prison system as well. The Comité de Solidaridad con los Presos Politicos (Political Prisoners Solidarity Committee – CSPP), a national advocacy group for political prisoners, estimates that 60% of the 7,500 prisoners in the country detained for political crimes associated with the armed conflict are actually social movement and union leaders who have been falsely accused.
Foreign multinationals deny contributing to or benefiting from the conflict in Colombia. In response to small-scale miners fears of displacement in Colón-Génova, a spokesperson for AngloGold Ashanti Colombia states: “In the Department of Nariño, AngloGold Ashanti Colombia has built a good relationship based on support and collaboration with legal mining cooperatives, such as those established in Cumbitara and Los Andes Sotomayor, for example.”
The Colombian government maintains that it promotes partnerships between small-scale miners and multinationals, and that along with passing new regulations it is providing support to small mining operations to improve their standards.
Although some mining cooperatives have taken advantage of these arrangements, there are still many small-scale miners in Nariño who fail to see how new government policies can benefit them. “It’s hard to tell which is better, having the license or not,” says one owner of a licensed mine in the municipality of Sotomayor. “Once you have the license, the next step is keeping it.”
He argues that even with help from the Colombian government to improve their lighting system, new regulations like requiring owners to pay into workers compensation will be close to impossible to meet.
In Colón-Génova, miners are resolved to peacefully defending their livelihoods despite the challenges ahead. They are currently working together with movements like the CIMA to fight what they believe was an illegal arrest and to legalize their mine once and for all.
Leah Gardner is an independent journalist focusing on human rights and corporate accountability. She currently lives in Colombia.
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Colombia: Obama’s Bloodiest Betrayal?
Obama Poised to Give Presidential Seal of Approval to Gross Labor Rights Violations in Colombia
By DANIEL KOVALIK, GIMENA SANCHEZ-GARZOLI & ANTHONY DEST | CounterPunch | April 11, 2012
On November 9, 2011, the family of Juan Carlos Galvis – a prominent union leader with Sinaltrainal and personal friend of ours – was subjected to a violent home invasion by two presumed paramilitaries. The intruders entered the Galvis home while Juan Carlos and his son were away and assaulted his wife, Mary, and his two daughters, Jackeline and Mayra. They grabbed Mayra, a child with Downs Syndrome, and put a gun to her head, threatening to kill her if Mary did not tell them the whereabouts of Juan Carlos and his son. They then bound and gagged Mary and Jackeline, again asking them to say where Juan Carlos and his son were. The assailants then proceeded to spray paint Mary and Juan’s faces on a wedding photo the family had posted on the wall. Before leaving the home, they stole two laptops, some USB memory drives, documents, and trashed the house. The traumatic attack left Mayra in shock for days and unable to speak.
The family was forced to flee to another town where they are now hiding. Their fears are well founded. Two of Juan Carlos’ Sinaltrainal colleagues, John Fredy Carmona Bermudez and Luis Medardo Prens Vallejo, were killed in recent months.
All in all, 30 unionists were killed in Colombia last year. The National Labor School (ENS) reports that 4 have already been killed this year, and other trade union movements have reported additional murders (e.g., Justice for Colombia has reported 6). Such killings have made Colombia, where around 3,000 unionists have been killed since 1986, the most dangerous country in the world to be a trade unionist, and if the assassination rate this year continues as it has thus far, Colombia will most certainly retain this notorious distinction.
Meanwhile, the Colombian government has done nothing effective to prosecute those responsible for such anti-union violence, with the UN recently reporting that Colombia’s rate of impunity for such crimes remains at 95% – meaning that only 5% of the union killings have ever been successfully prosecuted.
It was these two factors – the unprecedented rate of union killings and the high rate of impunity for these killings – that led Barack Obama in 2008 to declare in his third debate with John McCain that he opposed the Colombia Free Trade Agreement (FTA).
While being a trade unionist in Colombia is dangerous, those that are unionists are the few that can more freely organize. Under the Alvaro Uribe Velez Administration the “associative labor cooperatives” (CTAs) model proliferated throughout Colombia. This union-busting model that precludes direct contracts between workers and companies gravely debilitates working conditions, salaries, and occupational safety protections. Workers have risked losing their meager livelihoods by holding stoppages to obtain direct contracts that are more likely to guarantee their basic labor rights.
In April 2011, Presidents Obama and Santos presented a Labor Action Plan designed to address anti-union violence, prosecute anti-union crimes, do away with labor inter-mediation, and improve conditions for workers in the port, sugar, oil palm, and other sectors. Since the LAP was signed, Colombia has played the game of appearing to comply with the LAP while at the same time undermining its purpose. It has met surface requirements like setting up the Labor Ministry, passing legislation, and fining abusive companies.
While the number of trade unionists killed has gone down (and of course, as Father Javier Giraldo opined some time ago, there are indeed many less unionists to kill), the security climate and death threats against them have not changed. This leaves the possibility that the number of murders and attacks could flare up once the FTA moves forward. The murder of trade unionists and labor activists is often spun to be unrelated to their labor rights activities—robbery, jealous lovers or links to narcotrafficking are the reasons used to whitewash the murders. For example, Hernan Dario, a lawyer who represented the largest public sector union in Valle del Cauca (Sintraemcali) and several labor activists in the sugarcane sector, was murdered. His name was subsequently dragged through the mud based on unsubstantiated allegations linking him to drug dealers. This tactic was utilized in order to create an environment of confusion and impede actions for justice in this case.
Last year, Colombia passed a law that supposedly banned CTAs, yet the reality is that this only restricts them by name since other forms of labor inter-mediation, including the Simplified Stock Companies, shell companies, and supposed “union contracts,” have replaced them. In the sugar and port sectors, leaders of work stoppages and those affiliated to trade unions are rarely rehired through these new contracts. The Ministry of Labor and the labor inspectors designated by the LAP are not effectively intervening to remedy these situations. Over 70 Afro-Colombian port workers in Turbo who attempted to form a union in October 2011 have been fired. Those workers were given an ultimatum—sign a letter stating they will not affiliate with a trade union or enjoy unemployment.
The Ministry is not even intervening to implement the International Labor Organization’s (ILO) recommendations as mandated by the Labor Action Plan. The case of 51 fired public sector workers of EMCALI is just one of many examples. Rather than implement the ILO’s March 2012 recommendations to rehire the workers, authorities proceeded to evict the workers who held a hunger strike in Cali last week. These victims of Colombia’s unjust labor practices, all of whom have been unemployed since 2004 since they were blacklisted for standing up for labor rights, are not even permitted to protest.
Some of the workers who would most benefit from effective implementation of the Labor Action Plan are Afro-Colombians. Most Afro-Colombian workers, who make up an estimated 25% of Colombia’s population and a disproportionate number of the country’s over 5.2 million internally displaced, work in sectors where labor rights standards are weakest. As such, many are not able to freely exercise their right to unionize, and if they try to do so face death threats or impoverishment. Many Afro-Colombian workers describe their situation as “modern day slavery.”
Afro-Colombian dockworkers in Buenaventura, a key port for the FTA, work in one of Colombia’s most abusive environments. In this port, Afro-Colombians come to work in hazardous conditions for 24 to 48 hours straight, often sleeping on the containers. The demanding environment obligates them to stay inside the port complex for an entire week without the possibility to return home. Healthcare is often reserved for the more privileged individuals working in offices, and workers who are hurt or disabled are often fired. Those attempting to organize are threatened or denied employment. It took a work stoppage in January 2012 for some of these workers to receive direct contracts. The majority of port workers continue to be employed through intermediaries, and those with the direct contracts have low salaries and are prohibited from unionizing. Only today, after months of pressure, has the Ministry of Labor opened up an investigation into some of these abuses.
Still, despite continued anti-union violence, the high rate of impunity, serious impediments to union organizing, and the dire conditions faced by workers, President Obama is now poised to announce at the Summit of the Americas that Colombia has complied with the Labor Action Plan. Working conditions and protection for trade unionists in Colombia do not reflect the U.S. government’s evaluation of the Labor Action Plan. If Obama goes ahead with his plans in Cartagena to green light the FTA, Colombian and U.S. workers will lose their last bit of leverage to stem the tide of anti-union violence and defend the rights of Colombia’s most vulnerable populations.
Daniel Kovalik is general counsel of the United Steelworkers.
Gimena Sanchez-Garzoli and Anthony Dest work for the Washington Office on Latin America (WOLA)
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Seven Truths Inconvenient to U.S. Foreign Policy
By DAN KOVALIK | January 20, 2012
As George Orwell so eloquently stated, “Truth is the first casualty of war.” Indeed, lying is absolutely necessary to the ability of countries such as the U.S. aiming to wage unprovoked war upon other countries – the worst form of human rights crime as recognized by the Nuremberg Tribunal which noted that it is “the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” Given that the U.S. is currently attempting to wage actual war, as well as to carry out acts of war (such as embargos or other forms of economic strangulation), against numerous countries, one is subject to a constant barrage of lies from the U.S. government to justify such acts.
In light of the foregoing, I thought it was important to set forth some truths (though, of course, not an exhaustive list) which undermine the U.S.’s cause for war throughout the world.
1. Gaddafi Troops Did Not Engage In Mass Rapes.
One of the big lies of 2011 (though hard to believe on its face) was that told by Secretary of State Hillary Clinton about Libya as a means to justify regime change in that country – a goal not authorized by either the U.S. Congress or the UN. Thus, with a straight face, Ms. Clinton told the press that Gaddafi was passing out Viagra to his troops so they could go out and rape dissidents en masse, and that the troops were indeed engaging in mass rapes. Of course, the compliant media was more than happy to spread such outlandish accusations. What the press was more reluctant to do was to publish Amnesty International’s later report that there was absolutely no factual support for these accusations. As Amnesty International reported, “Not only have we not met any victims, but we have not even met any persons who have met victims.”
2. The NATO-backed Libyan Rebels Have Committed Egregious Human Rights Abuses. Ironically, the NATO-supported rebels themselves did engage in verifiable acts of rape against civilians, as well as the targeted arrests, displacements and disappearance of black Africans (as opposed to Arabs) living in Libya. The most notorious such case was the military assault on the black African town of Tawarga in which the rebels emptied the entire town of its 10,000 residents, forced them into a refugee camp and then burned down the refugee camp. The rebels justified their racist attacks on black Africans upon the claim that they were serving as mercenaries for Gaddafi. This claim also proved to have no factual basis, but again, this did not stop the press from reporting it over and over.
3. The U.S. Has Been Involved In Violent Attacks In Iran for Years.
Hillary Clinton told another big whopper this past week when she adamantly denied “any United States involvement in any kind of act of violence inside Iran.” Indeed, the U.S. has been supporting terrorist attacks within Iran for years. As Seymour Hirsch reported as far back as 2008 in a New Yorker piece, the U.S. has been supporting the terrorist group “Mujahideen-e-Khalq, known in the West as the M.E.K” for some time. As Hirsch noted, “The M.E.K. has been on the State Department’s terrorist list for more than a decade, yet in recent years the group has received arms and intelligence, directly or indirectly, from the United States.” In addition, as Hirsch related back in 2008, the U.S. has been supporting “The Kurdish party, PJAK, which has . . . has been operating against Iran from bases in northern Iraq for at least three years.”
4. The U.S. Was An Enemy of Democracy & Human Rights In Iran for Over a Quarter of a Century.
While the U.S. points to provocative acts committed by Iran since its revolution in 1979 to justify the continued vilification of that country, what it wants you to forget is that the conflict with Iran began in 1953 and was started by the U.S. itself. Thus, in 1953, the U.S. instigated a coup against the democratically-elected president of Iran, Dr. Mohammad Mosaddegh (whose crime was to nationalize British oil companies), and replaced him with the despotic Shaw who ruled Iran for the next 26 years. The Shaw ruled Iran through his brutal and torturous Savak – the secret police force which was created by and funded by the U.S. until the 1979 Iranian revolution. In short, Iran has a lot to be angry with the U.S. about.
5. The U.S. Began The Conflict in Afghanistan That Helped Spawn al Qaeda.
While one would believe from the press that the Soviet Union ignited the conflict in Afghanistan by invading that country in 1979, and that the U.S. reacted by supporting covert operations by the Mujahidin – the Mujahidin, who counted Osama bin Laden as one of its leaders, later becoming the nucleus of al Qaida – this is not true. Indeed, the reverse was true. Such covert operations were started by the U.S. before the Soviet Union invaded, and in fact were designed to draw the Soviets into a “Vietnam-like quagmire.” U.S. National Security Adviser Zbignew Brzezinski admitted this later, stating in an interview: “That secret operation was an excellent idea. It had the effect of drawing the Russians into the Afghan trap and you want me to regret it? The day the Soviets officially crossed the border I wrote to President Carter: We now have the opportunity of giving to the USSR its Vietnam War. Indeed, for almost 10 years, Moscow had to carry on a war unsupported by the government, a conflict that brought about the demoralization and finally the breakup of the Soviet Empire.”
6. The Worst Human Rights Abusers in the Western Hemisphere Are U.S. Allies
While the U.S. government and press constantly vilify Venezuela, Cuba and Nicaragua by criticizing their human rights policies, allies of the U.S. in the region are by far the worst abusers of human rights. The country with the worst human rights situation in the Americas is Colombia, which also happens to be the U.S.’s number one ally in the Hemisphere and one of the top recipients of U.S. military aid in the world. Colombia’s human rights record is horrendous from top to bottom. Thus, largely because of the forced displacement carried out by the Colombian military and its paramilitary (death squad) allies, Colombia has the largest internally displaced population in the world at over 5 million; Colombia has around 7500 people in prison who can be characterized as political prisoners or prisoners of conscience (compared to the one hundred or so such prisoners which Cuba’s harshest critics allege it has); the paramilitary allies of the Colombian government have killed around 150,000 civilians since the mid-1990’s and have disappeared around 50,000 civilians. In terms of government violence against its own people, close U.S. ally and military recipient Mexico currently runs second to Colombia with about 47,000 civilians killed in the so-called “drug war” being run jointly by the U.S. and Mexico. However, the country that historically tops all of these countries for anti-civilian violence is Guatemala whose U.S.-sponsored military dictatorship (a dictatorship installed by the U.S. back in 1954) killed around 200,000 civilians, mostly Mayan Indians, during the civil war in the 1980’s and 1990’s. This is relevant because the new President of Guatemala, Otto Perez Molina, was a general during this period, was personally responsible for egregious human rights abuses against civilians, and, of course, was supported by the U.S. in his recent candidacy.
7. Cuba Has Played One of the Greatest Humanitarian Roles in the World, Especially given its small size and scant resources.
While the U.S. continues to paint Cuba as some member of an imaginary “axis of evil” in the world, Cuba has given selflessly of itself to better the world even despite the U.S.-imposed embargo which has brought the Cuban economy to a near breaking point. Cuba has sent more doctors throughout the world to minister to the poor than even the World Health Organization. In Haiti, Cuba’s medical aid through its doctors, who were on the ground years before the earthquake of 2010, has been critical in fighting the outbreak in cholera in that country. Even the New York Timesrecently acknowledged this in a November 7, 2011 article entitled, “In Haiti’s Cholera Fight, Cuba Takes Lead Role.” This is contrasted to the U.S. which, despite its puffery, has done little to aid Haiti with medical or humanitarian assistance after the earthquake, and instead sent about 14,000 troops to repress the restless population.
One could of course go on, but this at least gives a flavor of how the world is not as the U.S. and its media mouthpieces portray it. The U.S. is not the “world’s policeman” or the spreader of democracy and human rights that it claims to be. Rather, it has done much more to undermine democracy, human rights and even stability, than it has done to promote these conditions. This is a critical reality to keep in mind as the U.S. tries to start the next war based upon lies, usually premised on false claims that it is trying to protect human rights. Of course, if past is prologue, the U.S. will be allegedly attempting to promote human rights through the greatest violation of human rights a state can commit – the invasion of another country.
~
Daniel Kovalik is a labor and human rights lawyer living in Pittsburgh. He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, forthcoming from AK Press.
