Intag, Ecuador

After recent successes in defending communities and some encouraging changes in government policies, the new mining law came has been a disappointment for many in Ecuador. The largest indigenous organization in Ecuador, CONAIE, along with many other groups and communities have begun massive protests against the mining law approved in mid-January, 2009. Following a hunger strike by 10 activists, these latest marches and protests blocked roads in protest against the new law. Communities like Junín and the Intag valley, home of EARTHWORKS partner organization Defensa y Conservación Ecologica de Intag (DECOIN), are now working to make sure that politicians follow through with promises to protect people and the environment.

Protests against the new mining law

The indigenous group CONAIE, backed by communities, environmental organizations, and politicians declared their opposition to the new mining law in protests around the country on January 20th. Thousands in different parts of the country engaged in rallies, marches, and civil disobedience.¹

The new law fails to require community consent for mining and fails to adequately protect areas that are inappropriate for mining. Communities also object to the lack of consultation about the law as required by the new constitution. Alberto Acosta, the former head of the Constituent Assembly, declared that the mining law was not the product of a national debate as it should be.² Acosta also noted environmental concerns about the mining that would be authorized. "Don't come to me with the story that mining does not cause harm to the environment [...] I don't buy the story that dracula is vegetarian," Acosta said. ³

Nidia Soliz from the Peoples' Health Movement of Cuenca explained that "the bill pertains to an economic objective of the government, as well as the greater interests of multinational organizations and transnational mining companies, regardless of possible impacts on remarkable biodiversity and headwaters, as well as community health and well being."⁴

After a day of protests that faced tear gas and detention of protesters and a reporter⁵, CONAIE has declared itself in civil disobedience of the new mining law. Communities have declared that they will not allow mining companies onto their land. CONAIE is also working on legal challenges to the law.⁶

Earlier signs of progress on responsible mining

Following on the steps of destructive oil drilling in Ecuador, metals mining has already threatened communities and the environment in many areas around the country. Affected community members have successfully organized to stop destructive projects and they caused the government to begin to reform mining policy.

In January 2008, in a move that affected the Junín concessions of Intag and communities all over the country, Ecuador revoked 587 mining concessions on technical grounds.

In April 2008, Ecuador's Constituent Assembly passed the Mining Mandate, eventually leading, in June and September, to the revocation of over half of existing active mining concessions and placing a freeze on mineral exploration.⁷ This mandate revoked concessions that had not filed reports properly and concessions that occurred in protected areas, and suspended granting of new concessions.⁸ In May 2008, the government also suspended more concessions because of their impacts on local communities and declared its intent to protect water sources from mining. ⁹

The Ecuador government's Constituent Assembly drafted a new constitution for Ecuador that was approved by referendum on the 29th of September, 2008. Although it did not include many communities' demands for the right to free prior and informed consent, it did require consultation with local communities, limited extractive industry activity in protected areas, and conferred on nature the right to exist and be restored.¹⁰

The new mining law does not seem to follow up on these efforts to protect communiities and the environment from mining impacts. It may be up to the communities to help limit mining impacts once again.

Victory in defending Intag, for now

The Intag valley and its cloud forests, home to 18,000 farmers and to jaguars, howler monkeys, and spectacled bears, represents one of the last of the rapidly disappearing western Ecuador forests and a big part of a hotspot of global biodiversity.¹¹ So when Canadian mining company Ascendant Copper proposed the development of a copper mine in the area, residents resisted the incursion and recently won an important victory.

Junín and the Intag area had experience dealing with foreign mining corporations. In the 1990s they stopped Bishimetals's mining activities after they had begun exploration within the community's protected forests.

Ascendant acquired concessions for the cloud forest region in 2003 on the southern side of the Toisan, a mountain range that forms a natural border between Intag and the Cotacachi-Cayapas Ecological Reserve,¹² which protects a large part of the 10 percent of forests remaining in western Ecuador.¹³

The community of Junín, the proposed site for the mine, remained as strongly opposed to Ascendant as they had been with Bishimetals. Intag resident Carlos Zorrilla had co-founded the organization DECOIN to protect the region's pristine environment and natural resources. Working with local communities, DECOIN helped establish an organic, shade-grown coffee cooperative, a community-run eco-tourism project, and 15 community-based ecological reserves that protect local watersheds. These projects have shown that Junín residents can engage in sustainable livelihoods and do not need Ascendant's mine.

Faced with the community's solid opposition, the mining company sought to entice community members to its side and became aggressive towards others. Community defenders were often harassed and intimidated by Ascendant staff. A public smear campaign against DECOIN accused its leaders of being corrupt and pocketing money from illegal logging and international development aid. Carlos, his colleagues, and their families also received death threats. On several occasions they even faced violence by Ascendant security forces, especially in 2006 when security forces invaded the community protected area.

After four years of struggle, the government ruled in September 2007 that the mining company had to cease its activities in the area because it had failed to notify the Cotacachi city government before commencing exploration.¹⁴

Then, in January 2008, the government officially began revocation of two of the three Ascendant Copper Junín concessions, along with hundreds of others, because they had not paid fees, and, in the case of Intag, because the concessions were obtained on an "unconstitutional basis."¹⁵ In September 2008, however, setbacks seemed to have occurred for Intag. Copper Mesa Mining (formerly Ascendant Copper), claimed that it had confirmation of ownership of its concession.¹⁶ The Intag concessions were apparently not yet fully revoked.

Thankfully, November and December brought better news for the community. The main Copper Mesa concession in Intag was revoked in November. In December, Ecuador's mining and oil ministry announced that it used the Mining Mandate to cancel an additional 335 concessions for not having presented environmental impact studies or not properly consulting with communities.¹⁷ These concessions included the remaining Copper Mesa concessions in Intag.¹⁸

Finally, the Intag valley was officially free from this company's threat! The community nonetheless remains vigilant as change in national policy under the new mining law continues.

[Updated 23 January, 2009]

1. Moore, Jennifer. "Ecuador: mining protests marginalized, but growing." Upside Down World 21 January 2009.
2. "La mobilización minera, sin fuerza" El Comercio 21 January, 2009.
3. "La mobilización minera ..." Ibid.
4. Moore, Jenifer. Ibid.
5. "Un periodista radial fue detenido durante las manifestaciones, según RSF." El Comercio 21 January, 2009.
6. "Once personas fueron detenidas en Cotacachi." El Comercio 21 January, 2009. "Correa minimiza la protesta y la Conaie desconoce la Ley." El Comercio 22 January, 2009.
7. Valdivieso, J. "Ecuador revokes most mine concessions." Washington Post 18 April, 2008. "Government withdraws 1,138 mining concessions under mandate -- Ecuador." Business News Americas 09 June, 2008. "Government withdraws mining concessions to avoid community protests -- Ecuador." Business News Americas 22 September, 2008.
8. Mandato Minero Constituyente. 15 April, 2008. Asamblea Constituyente
9. "Government suspends 7 mining concessions in Azuay -- Ecuador." Business News Americas 26 May, 2008. "Government to ban mining that affects water sources -- Ecuador." Business News Americas 28 May, 2008.
10. "Correa: Mining law must comply with new constitution -- Ecuador." Business News Americas 29 September, 2008. "Ecuador tiene la Constitución más verde." BBC Mundo 07 October, 2008.
11. Conservation International, "Biodiversity hotspots: Tumbes-Chocó-Magdalena" .
12. "Standard & Poor's corporate descriptions plus news," s.v. "Ascendant Copper Corp.," June 16, 2007.
13. Conservation International. Ibid.
14. "Ascendant-MMP Dialogue Continues." Ecuador Mining News. September 29, 2007.
15. "Ecuador revokes hundreds of mine concessions." Reuters 28 January, 2008.
16. "Junior exploration roundup." Business News Americas 22 September, 2008.
17. Government cancels another 335 mining concessions. Business News America. December 5, 2008.
18. Ministerio de Minas y Petróleos. Gobierno nacional revierte 514 855 nuevas hectareas mineras concesionadas en el pais. 04 December, 2008.

For More Information