Intag says no to mining

On September 12, members of Intag's local government and organisations sent a letter to the CEOS of BHP, Cornerstone Capital Resources, Codelco and Sunstone Metals, stating that unconsulted mining in their territories was threatening water sources, and demanding they stop explorations in the area.

The email below was sent to the CEOs of BHP Billiton and its subsidiary Cerro Quebrado S.A.; Cornerstone Capital Resources Inc. and its subsidiary Cornerstone Ecuador S.A.; CODELCO, and its subsidiary Exploraciones Mineras Andinas Ecuador Emsaec s.a.; with copies to President Guillermo Lasso, Ministries of the Environment and Water, and the Ministry of Energy and Non-renewable Resources. Visit DECOIN for more information.

We, the undersigned representatives of the Autonomous Decentralized Parochial Governments and the principal social organizations of the Intag area, Cotacachi County, Province of lmbabura, send you our most sincere greetings. At the same time, we would like you to listen to the voice of the majority of the population of the Intag area, which has been struggling since January 1995 to prevent the development of metallic mining projects in our territories.

1) Please be aware, CEOs and Ministers, that mining concessions were granted in the Intag area without prior consultation with the potentially affected populations, in flagrant violation of Article 398 of the Constitution of the Republic of Ecuador. In addition to contradicting the Development and Land Use Plans of the decentralized autonomous governments, the mining projects ignore the pronouncement of the Assembly of Unity of Cotacachi County, a space for citizen participation and which has, since 1996, rejected extractivism.

The nearly 90,000 hectares under concession, and being processed, include dozens of communities, productive agricultural lands that supply several cities in Ecuador with food, as well as organic export markets, tourist attractions, 21 micro and sub-watersheds, and includes an important extension of primary and secondary cloud forests. We remind you that the forests of Intag are within the Tropical Andes Biodiversity Hotspot, the most biodiverse of all the Hotspots of global importance. They are home to critically endangered species of mammals, birds, amphibians, fish and trees, including one of the world’s most endangered primates, as well as sheltering and protecting the water of 50 communities. Some species, such as the Longnose Harlequin Frog and the Rocket Frog, have only been reported in the forests of a mining concession and nowhere else in the world.

3) At least 48 water sources that supply the population of rural communities in the Intag area with this vital liquid are located entirely within the mining concessions. In addition, there are more than 200 natural sources of water for human consumption and food sovereignty for local peasant families.

4) Several mining concessions of BHP-Billiton and Cornerstone overlap the Los Cedros, Cebu and El Placer-La Florida Protected Forests, as well as thousands of hectares of forests registered in the Socio Bosque forest conservation program, where mining activities will directly contribute to the degradation of the sites’ biodiversity and worsen the climate crisis.

5) All mining concessions in the Intag Zone, without exception, intersect with the protection zone known as the Buffer Zone of the Cotacachi Cayapas National Park, considered one of the most biologically important on the planet. In the buffer zones, as should be obvious, only sustainable activities that serve as an environmental buffer should be allowed.

6) 100% of the concessioned areas in Intag are within the ACUSMIT, the Intag-Toisan Municipal Conservation and Sustainable Use Area, approved by municipal ordinance in 2019, in whose strict protection and conservation/recovery macrozones no mining activities are allowed. This is not the only municipal ordinance in Cotacachi County that prioritizes conservation and prohibits mining. In 2000, an ordinance was passed declaring Cotacachi an Ecological County. The Ordinance, as well as the ACUSMIT, is still in effect.

7) Intag currently has 38 Community Hydrological Reserves covering some 12,000 hectares of cloud forests and micro-watersheds. All but one of the reserves are located within the mining concessions. Apart from contributing to climate stability and biodiversity conservation, the reserves supply thousands of inhabitants with clean water, and are jealously protected by the communities. Any activity that degrades the vegetation cover is prohibited in the reserves, as is hunting and logging. Mining is expressly prohibited within the reserves.

8) According to a preliminary environmental impact study for a small copper mine in the Llurimagua area prepared by Japanese experts, Intag’s copper deposits are mixed with highly toxic substances. The expert authors of the study predicted the contamination of our rivers with arsenic, lead, cadmium and chromium. Likewise, massive deforestation is predicted, which would lead to the drying of our climate, and the relocation of four communities. Subsequently, they reported the presence of an even larger deposit.

With all this background, we call on you to preserve our right to live in peace and in a healthy environment, rights enshrined in the Constitution of Ecuador, laws and international agreements. We will not allow those business practices that have proven to be sources of conflict in our communities, nor mining activities that cause degradation of our forests, biodiversity and especially our water sources. Therefore, we strongly reject the unconsented presence of mining companies, and, even more so in times of global climate emergency, and we call on national and international bodies to join us in defending the Intag area and in building a future without extractivism.

Signatures follow below:

It is worth mentioning that these organizations, unlike the ones that support mining, have never received a penny from the mining companies.

Sunstone Metals concession El Palmar an ecological and financial nightmare

Sunstone Metals agreement to acquire El Palmar, a copper-gold project in northern Ecuador is an ecological nightmare fraught with risks. El Palmar abuts the Los Cedros Biological Reserve, a scientific observational and research site, with a case for protection soon to be heard at the Constitutional Court in Ecuador.

Mining concessions in and around Los Cedros Reserve. Image credit: Rainforest Action Group
Mining concessions in and around Los Cedros Reserve. Image credit: Rainforest Action Group

Los Cedros Biological Reserve in north-western Ecuador has one of the most biologically diverse habitats in the world, with over 200 species with high extinction risk, five of which are regarded as critically endangered by the Ecuadorian government. The reserve covers more than 4,800 hectares (nearly 12,000 acres) of primary cloud forest, and safeguards the headwaters for four rivers, the Rio Manduriacu, the Rio Verde, the Rio Los Cedros, and the Rio Magdalena Chico.

The challenge of establishing a mine in this area cannot be underestimated. The hills are precipitous, and the main road through the region is barely wide enough to take a single vehicle with a sheer drop on one side. The challenges for transporting mineral ore are enormous. Add to this new laws by the Ecuadorian Ministry of Mines which prevent mining companies from establishing tailings dams upstream. In an area like this, there is nowhere tailings can be safely stored,” says Rebekah Hayden, a member of the Rainforest Action Group.

The elevations at the Sunstone concession climb from 800m to 1400m in less than a kilometre.

“The area forms the watershed for a number of important rivers, including the Rio Manduriacu which runs at the base of the El Palmar concession. The steepness of the site means contamination of the waterways are inevitable,” Rebekah Hayden says.

Previous owners of El Palmar halted plans for exploration once they realised how difficult the terrain is for such little gain. Sunstone’s purchase may well lure in investors whose money will end up at Bramaderos,” says Anthony Amis, a researcher for the Rainforest Action Group.

Sunstone Metals are just the latest mining company to circle the reserve. The Ecuadorian state mining company ENAMI is jointly exploring the reserve with Chile giant Codelco and Cornerstone Capital Resources. BHP also has claims directly adjacent to, and slightly overlapping the reserve.

The scientific importance of this area was emphasised by a letter-writing campaign organised by the US Centre for Biological Diversity in July to the CEOs of the various mining companies, which was signed by 1200 scientists including Jane Goodall and EO Wilson.

The local community is strongly opposed to mining, with an ongoing legal campaign against ENAMI and Cornerstone Capital Resources about to go to the Constitutional Court. A new mine in the area could not be established without a protracted legal campaign and active community resistance,” says Rebekah Hayden.

After several years of fighting the mining companies in courts, in May the Constitutional Court of Ecuador announced it will take on the case of Los Cedros, in a move which could prevent other Australian companies like BHP, Newcrest, Hancock Prospecting, Fortescue Metals and Solgold from mining in Protected Forests,” says Rebekah Hayden.

Los Cedros Reserve was established in 1988 with the help of a grant from the Australian Government’s Development Assistance Bureau and the support of Australian not-for-profit organisation the Rainforest Information Centre.

Full media Release here.

Constitutional Court could save Australian Government funded Reserve in Ecuador from mining

A forest reserve in one of the world’s most biodiverse regions, originally set up with Australian Government support and home to over 200 species at risk of extinction, has been scheduled for a landmark legal case. In a precedent-setting move, the Constitutional Court of Ecuador has announced it will take on the case of the Los Cedros Protected Forest, which is threatened by grand-scale copper and gold mining, by using unique Rights of Nature laws enshrined in the constitution. 

Edgar Merlo, who heads the legal team for Los Cedros, says: “The [Constitutional] Court’s ruling in this case would be a first in Ecuador: on the Rights of Nature, the right to prior consultation of communities, and the right to legal certainty, since concessions were granted without respecting the declaration of protective forests. The final judgement by the Constitutional Court in this case could change the legal focus in Ecuador, South America, and the entire world on the Rights of Nature and the rights of local communities, so that mining concessions are not granted in Protected Forests.”

One of the UK’s leading environmentalists, Jonathon Porritt echoed this view: “Ecuador was the first nation to include the Rights of Nature in its constitution,” he said. “It could now become the first nation to protect large swathes of biodiversity, based upon this constitutional innovation. This would set an invaluable precedent worldwide.”

Plate-billed Mountain Toucan. Image credit: Murray Cooper

Los Cedros Biological Reserve in north-western Ecuador was established in 1988 with the help of a grant from the Australian Government’s Development Assistance Bureau and the support of Australian not-for-profit organisation the Rainforest Information Centre.

Los Cedros is one of the most biologically diverse habitats in the world, with more than 4,800 hectares of primary cloud forest, and it safeguards the headwaters of four important watersheds. It protects over 200 species with high extinction risk, five of which are regarded as critically endangered by the Ecuadorian government. (see Roy et al. 2018, iNaturalist, and the Los Cedros website for more information.)

The remoteness and high-quality of the habitat explain why there are six species of cats and three species of primate, including some of the last critically endangered brown-headed spider monkeys in the world, as well as the endangered Andean spectacled bear. New species are also being discovered every year,” explained Dr Mika Peck from Sussex University.

This biodiversity was recognised when the Constitutional Court specifically cited the importance of Los Cedros in preserving the last populations of the spider monkey and the Andean spectacled bear which is in danger of extinction,” says John Seed, founder of the Rainforest Information Centre.

José DeCoux, the manager of Los Cedros says: “Mining in Protected Forests is a violation of the legal status of declared Protected Areas, the collective rights of indigenous peoples, the Rights of Nature, and the right of communities to prior consultation before potential environmental damages.”

Mining concessions in and around Los Cedros Reserve. Image credit: Rainforest Action Group
Mining concessions in and around Los Cedros Reserve. Image credit: Rainforest Action Group

In 2017, the Ecuadorian government announced new concessions for mining exploration on over 2.9m hectares (6.17m acres) of land, a roughly 300% increase. Many of these exploratory concessions are in previously protected forests and indigenous territories. Mining exploration is also occurring in headwater ecosystems and biodiversity hotspots of global importance like Los Credos, and appears to be in violation of Ecuadorian law and international treaties.

More than 30% of Protected Forests have been under imminent threat from mining since 2017, when a policy change within the Ecuadorian government allowed these protected lands to be included in mining concessions,” explained Paul Gilding, former Executive Director of Greenpeace Australia and Greenpeace International.

As part of this rapid mining expansion, BHP and Canadian mining company Cornerstone Capital Resources were given mining permits in collaboration with the Ecuadorian state mining company, ENAMI.

The permit for mining was given despite the Ministry of Environment’s own publication citing Los Cedros in its ‘Areas of Priority for the Conservation of Biodiversity in Ecuador’,” says John Seed.

The Los Cedros Protected Forest authorities won their case for an Action of Protection in the Provincial Court of Imbabura in June 2019, which stripped the mining companies of their operating permits. The government, working alongside the mining companies, subsequently appealed against the decision.

Meanwhile, the mining company Cornerstone Capital Resources continued exploration within the protected area in direct contravention of the court order, despite overwhelming opposition in the region, and without the appropriate permits.

This case expresses the current conflict between the Ecuadorian government and its intention to open the country’s untapped oil and mineral reserves to foreign investment and the long-held public sentiment in Ecuador against extractionist economic development,” says John Seed.

The case will help determine the balance between short-term economic gains through mining development and the slower — but generally more sustainable — economic development that accompanies long-term biodiversity conservation,” explained John Seed.

“This case has implications not just for Los Cedros, but for all 186 Protected Forests in Ecuador, totalling some 2.4m hectares,” said Dr Bitty Roy, Professor of Biology at the University of Oregon and one of a number of scientists for whom Los Cedros is a research base.

Globally, this is the first case where constitutional protections for nature will be evoked at a national level to protect an ecosystem from large-scale mining. Ecuador remains the only country in the world to have enshrined these rights in its Constitution. It is also a country that has recently attracted a massive amount of interest from transnational mining companies, who see vast potential in its mineral wealth, particularly copper and gold.

Australia is Ecuador’s biggest investor, with companies like SolGold, BHP, Newcrest, Hancock Prospecting, Fortescue Metals, Titan and Tempus Resources pouring millions into copper and gold exploration.

Around 750,000 hectares of legally Protected Forests across the country are currently covered by mining exploration concessions. Australian mining companies stand to be impacted by any positive ruling on the case, with at least 67 concessions covering, in whole or part, Indigenous territories or Protected Forests.

Aussie miner SolGold would be most impacted by the ruling, with 19 concessions covering Protected Forests and 18 covering Indigenous territories.

Full media release here.