During the last couple of decades—and particularly during the last ten years—mining companies have filed dozens of claims against Latin American countries before international arbitration panels, demanding compensation for court decisions, public policies and other government measures that they claim reduce the value of their investments. In a majority of these cases, the communities most affected by the mining projects have been actively organizing to defend their territories and natural resources.

This is MiningWatch Canada’s submission regarding Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts. Our focus is on Part 1, theImpact Assessment Act (IAA).

This presentation was made by Catherine Coumans, Ph.D. at the Canadian Network for Corporate Accountability Symposium Taking Responsibility: Canada, Business, and Human Rights held in Ottawa on April 30, 2019.

Canada has a state duty to protect human rights.

Since at least 2002, UN bodies have repeatedly and explicitly emphasized that Canada’s duty to protect extends to Canada’s obligation to protect against human rights abuses caused, or contributed to, by Canadian corporations operating overseas.   

Following the alarming findings from the Commissioner on Environment and Sustainable Development released on April 2, 2019, MiningWatch Canada urges the federal Environment Minister to take immediate actions to beef up inspections and enforcement of the Fisheries Act to protect waters and fish from the 255 active mine sites, as well as from the thousands exploration sites and abandoned sites across the country.

This submission is made in support of an investigation and forthcoming report by the United Nations Working Group on the Use of Mercenaries (the Working Group)  that examines the relationship between private military and security companies and extractive industry companies from a human rights perspective. Following communications with the Working Group, this submission covers issues related to excess use of force by private mine security and by police who participate in securing mines through memorandums of understanding between mine proponents and police agencies of the states hosting the mines. The sections below follow organizational and informational guidelines provided by the Working Group. 

OceanaGold Corporation, an Australian-Canadian company, is one of dozens of transnational mining companies in the Philippines that have been reaping profits by mining gold, silver, copper, and other minerals. Its underground Didipio gold and copper mine in the Northern Luzon province of Nueva Vizcaya started open-pit commercial production in 2013. It continues to operate despite a suspension order issued on February 14, 2017 by then-Philippine Secretary of Environment and Natural Resources (DENR), Gina Lopez. 

Jubilee Australia's report 'Growing Bougainville's Future: Choices for an island and its people' examines the choice facing the people of Bougainville and asks the question of ‘to mine or not to mine.’ MiningWatch Canada staff member Catherine Coumans contributed the chapter, "Mining and development: Is “good governance” really the cure?"

This brief also provides initial findings based on MiningWatch’s review of some “Case Summaries” and “Remediation Plans” prepared by the mine’s Community Impacts & Remediation Investigation Team in regard to the victims that were interviewed.

On May 16, 2018, MiningWatch Canada and OECD Watch issued a media release to draw attention to an attempt by the Government of Canada to cover up its mishandling of a complaint through Canada’s National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises. The Request for Review in question, titled “Complaint against the Sakto Group, Ottawa” was filed with Canada’s NCP in January 2016 by the not-for-profit Bruno Manser Fonds (BMF) of Switzerland. The complaint alleges that the Sakto Group, with corporations headquartered in Ottawa, breached disclosure requirements of the OECD Guidelines for Multinational Enterprises, a guide to responsible business conduct that is binding on Canada and other members of the OECD.

In January 2018, Acacia Mining released a draft Standard Operating Procedure for a new Community Grievance Process for the North Mara Gold Mine in Tarime, Tanzania. This review of Acacia/Barrick’s new draft Grievance Process is informed by field assessments carried out yearly at the North Mara mine by MiningWatch Canada in 2014, 2015, 2016 and 2017.

Bill C-69 brings both promise and disappointment. Overall, however, it does not fulfil the government’s promise of restoring public confidence, and therefore also cannot fulfil the promise of facilitating good development projects. In some respects, it represents a failure of ambition, where a stronger commitment and stronger leadership are required to meet the challenges of the 21st century. In other respects, it is just a matter of design flaws and limitations of implementation. At this juncture, it may be too late to address the bigger structural problems, but Parliament has the opportunity to fix many of the Bill’s deficiencies.

On February 8, 2018, the federal government tabled Bill C-69, which introduces a proposed new Impact Assessment Act (IAA) to replace the current Canadian Environmental Assessment Act, 2012 (CEAA 2012). Bill C-69 follows more than 18 months of consultation and discussion of Canada’s environmental assessment (EA) processes, and is claimed to fulfill the government’s commitment to introduce new, fair processes to ensure decisions are based on science and Indigenous knowledge, and win back public trust.

How does the proposed new IAA measure up?

Over 40 organizations and individuals, including MiningWatch Canada, submitted comments and recommendations in response to the Proposed Prohibition of Asbestos and Asbestos Products Regulations and Proposed Amendment to the Export of Substances on the Export Control List Regulations under the Canadian Environmental Protection Act (CEPA), 1999.

This report examines the Hunter Dickinson family of companies, their track records and current situations, and the implications for the prospects of Northern Dynasty Mining, the company promoting the controversial Pebble mine project in Alaska’s sensitive Bristol Bay. The report labels Northern Dynasty as a highly risky speculative investment, calling its risk levels “unprecedented even among other junior mining companies.”

As part of the OECD Peer Review of the Canadian National Contact Point  on the OECD Guidelines for Multinational Enterprises, MiningWatch was asked to submit a general questionnaire, as well as to participate in a review of the Porgera Specific Instance (2011), in which we were a notifier. This questionnaire answers general questions. Under section B. (Specific Instances) we discuss the Porgera case in more detail. Finally, Appendix 1 provides further detail regarding specific concerns related to the Canadian NCPs handling of ten Specific Instance cases.

In response to the Government of the Northwest Territories (GNWT)'s request for public input for the development of a new Mineral Resources Act (MRA), MiningWatch Canada submitted key recommendations that would help better protect northern communities and the environment, while also increasing the long-term benefits from the extraction of non-renewable minerals. These recommendations also aim to reduce mining-related conflicts and increase predictability for all of those involved in, or affected by, the sector. We divide our recommendations in three sections:

This is MiningWatch Canada’s submission in response to the federal government’s Discussion Paper on its reviews of environmental and regulatory processes, including the review of the Canadian Environmental Assessment Act, 2012, the National Energy Board Act, the Fisheries Act, and the Navigation Protection Act. Our focus here is on the environmental assessment portion of the Discussion Paper; we refer readers to our submissions to the Parliamentary reviews of the Fisheries Act and the Navigation Protection Act for our comments on those reviews.

EarthRights International, MiningWatch Canada, and the University of Toronto International Human Rights Program issued this report calling on the CERD to denounce Canada’s ongoing failure to prevent Canadian mining and petroleum companies violating human rights – and especially the rights of Indigenous peoples – abroad.

This is a report of MiningWatch Canada's human rights field assessment of Acacia Mining/Barrick Gold's North Mara mine in northwest Tanzania, conducted by staff member Catherine Coumans. This was the fourth consecutive year Coumans had conducted human rights field assessments around the mine interviewing over a 100 victims and family members of victims of excess use of force, including sexual violence, by mine security and police guarding the mine.

Members of the United Nations Working Group on Business and Human Rights visited Ottawa as part of their May 23-June 1 mission to Canada. This is part of what they heard.

This document was prepared to help members of the United Nations Working Group on Business and Human Rights prepare for their May 23-June 1 mission to Canada. 

It proposes discussion in six areas:

MiningWatch Canada is very concerned about Mount Polley Mining Corporation’s (MPMC's) application for a long-term permit to discharge not-fully treated mine waste water into Quesnel Lake. We recommend that the BC Ministry of Environment (MOE): 1. reject this permit application and require MPMC to propose…

Submission to the Expert Panel Reviewing Environmental Assessment Processes

Based on our work, we would like to focus on four areas within the collective recommendations of the Environmental Planning and Assessment Caucus, the Multi-Interest Advisory Committee (MIAC), and the EA Reform Summit.

This submission focuses on the critical relationship between the protection of navigable waterways and protection of the environment, specifically through the environmental assessment of projects and activities that may harm those waterways. The Navigation Protection Act should be amended to turn it back into the Navigable Waters Protection Act, with the full scope of application of that Act, but with clear direction on the appropriate level of scrutiny for projects and activities of different types, magnitudes, and durations.

The Fisheries Act is a keystone law in Canada’s legislative framework for protecting the environment and allowing the pursuit of sustainable development. Far beyond simply regulating fisheries, it can, and should, protect all aspects of aquatic habitat. In so doing, because water is so fundamental to all ecological cycles as well as human survival and well-being, the Fisheries Act provides a crucial link to everything from environmental assessment to protecting human health.

“Canada Is Back” But Still Far Behind, reviews how complaints of serious harm linked to Canadian mining projects have been handled by the country’s National Contact Point (NCP) for the OECD Guidelines. The office aims to resolve disputes through “facilitated dialogue,” which requires companies’ voluntary participation. The Canadian government relies on the NCP as a central component of its Corporate Social Responsibility Strategy and describes it as a “robust and proven dispute resolution mechanism.” The report concludes that the NCP, established in 2000 to advance responsible multinational business conduct, is failing to prevent or remedy human rights abuse by Canadian companies operating overseas.

MiningWatch was invited to present to the House of Commons Standing Committee on Natural Resources as part of its study on “The Future of Canada’s Oil and Gas, Mining and Nuclear Sectors”. In our presentation, we emphasized our concerns with the growing environmental and financial liability of tailings sites across Canada. We made three key recommendations to eliminate this growing liability: 1) Develop a national strategy to reduce the mining of primary metals, 2) establish substantial and mandatory financial securities for site clean-up and mining spills, and 3) use regulations, policies and fiscal incentives to encourage certain practices and technologies while banning or penalizing others (eg. asbestos). We also insisted on 4) the need to respect and affirm the inherent, constitutional and international rights of Indigenous Peoples in Canada.

This is a how-to guide for resisting mining and other extractive operations. It provides strategies and tactics for preventing extraction, and for reducing damage if extraction is already underway. It guides community leaders in organizing and taking action locally, regionally, nationally, and internationally, to resist the devastating assault of extractive operations. This is a greatly expanded version, in two volumes, of the first edition published in 2009.

The Canadian government is not upholding its obligations to protect women against human rights abuses, according to this report by EarthRights International (ERI), MiningWatch Canada, and the Human Rights Research and Education Centre Human Rights Clinic at the University of Ottawa. The report, submitted to the UN Committee on the Elimination of Discrimination against Women (CEDAW), charges that Canada has been supporting and financing mining companies involved in discrimination, rape, and violence against women in their operations abroad, when it should be holding those companies accountable for the abuse.

In the context of the ongoing review of BC’s Health, Safety and Reclamation Code for Mines (the Code), MiningWatch Canada respectfully reiterates its recommendations set forth on day one of this review: “that the review needs to be broad enough to address the full range of necessary changes in mining policies and regulations in British-Columbia,” including, but not limited to:

MiningWatch Canada has joined 22 other groups in submitting these comments to the United States Securities and Exchange Commission's draft disclosure requirements. These comments cover two areas of interest affecting the financial viability of mining projects: technical disclosures of mineral reserves and estimates, and social and environmental risks associated with new mine projects and mine expansions. Generally, we are supportive of the technical disclosure requirements we believe represent a major step forward in the accuracy and level of detail during the exploration and investment phase of a mining project.

In this submission to the Canadian government’s review of its official development assistance policy, we make a number of recommendations, starting with "Global Affairs Canada should reconsider its stated intention to “better align” Canadian diplomacy, trade and international assistance. In recent years, as Canadian official development assistance was shackled to Canadian trade and economic diplomacy, it became subservient to corporate interests – frequently those of mining companies – at the cost of the wellbeing of Indigenous peoples and affected communities."

This report outlines the continuing struggle of the Honduran community of Azacualpa to defend the integrity of the town, including a 200-year old cemetery, against the expansion of a Canadian-owned open-pit gold mine. The report, published by MiningWatch Canada and the Honduras Solidarity Network, documents how the Canadian mining companies that have operated the San Andrés mine in western Honduras have continually violated the affected communities land rights and communally-held land tenure for the last 18 years.

This report documents the current activities of the El Dorado Foundation in El Salvador and the dangers they pose. The Foundation was originally established by Pacific Rim Mining in 2005, and is now operated by its successor company, OceanaGold. Its sole purpose appears to be to help the company obtain a permit for a disputed gold mining project in the department of Cabañas in northeastern El Salvador.

By: David Chambers, Ph.D., P. Geop. This report assesses the tailings dam designs at four mines in B.C. in light of the recommendations of the Mount Polley Expert Panel to examine whether regulatory agencies are applying best available technology to reduce the risk of catastrophic tailings dam failures, and where they aren’t, if changes could be made to do so.

In 2015, Barrick Gold hired consulting firm Enodo Rights to carry out a review of the company's controversial remedy mechanism for victims of rape by mine personnel at the Porgera Joint Venture mine in Papua New Guinea. MiningWatch Canada has researched and exposed sexual violence and other forms of excessive use of force by Porgera mine security and police guarding the mine for a decade. Our work on these issues started years before Barrick acknowledged any abuses by mine security and continued through Barrick’s implementation of a flawed remedy mechanism for rape victims. This review critiques Enodo Rights’ report and provides an independent assessment of key failures of Barrick’s remedy framework and its implementation at the Porgera mine in Papua New Guinea.

Presentation by Jamie Kneen to the newly created Economic, Social, and Cultural Rights (ESCR) Unit of the Inter-American Commission on Human Rights (IACHR) in Washington, D.C., as part of the Unit's consultations with civil society organisations regarding its priorities and workplan.

Here in Canada and throughout the Americas, many governments have embraced resource extraction as the key sector to fuel economic growth, neglecting other sectors – or even at their expense. This is creating unprecedented demand for land and other resources, such as water and energy. Increasingly, when Indigenous and Afro-descendent peoples, farmers, environmentalists, journalists, and other concerned citizens speak out against this model for economic growth, particular projects and/or their impacts, they become the targets of threats, accusations, and smears that attempt to label and punish them as enemies of the state, opponents of development, delinquents, criminals, and terrorists. In the worst cases, this leads to physical violence and murder.

Ontarians for a Just Accountable Mining Strategy (OJAMS) is made of people from diverse communities and interests in Ontario that want to see a mineral strategy that

This report, based on internal documents obtained from the Canadian Department of Foreign Affairs, Trade and Development (DFATD), concludes that Canadian diplomats in Mexico were complicit in Toronto-based Excellon Resources Inc.’s efforts to avoid redressing a violated land use contract and poor working conditions, and supported repression against a peaceful protest. The report, from MiningWatch Canada and the United Steelworkers, is based on a careful review of nearly 250 pages obtained from DFATD during a period of heightened conflict and repression from July to November 2012.