Brief

Privatized Remedy and Human Rights: Re-thinking Project-Level Grievance Mechanisms

This brief was prepared by MiningWatch Canada and Rights and Accountability in Development (RAID) to accompany a panel organized by both organizations titled “Privatized Remedy and Human Rights: Re-thinking Project-Level Grievance Mechanisms.” The panel was organized for the Third Annual UN Forum on Business and Human Rights held in Geneva on December 1, 2014.

Publication

Mining and Resettlement of Communities in Ghana: Exposing the harm caused by forced displacement and relocation

This research paper was done by Stephen Aboagye-Amponsah as part of his studies for a Master's degree in Environmental Science from York University. We undertook this study to look at the issues of involuntary displacement and relocation, and the mechanisms that facilitate and foster it. The purpose of the study is to highlight the problems encountered by displaced people living in mining communities in Ghana where foreign mining companies operate. Using case studies – Canadian company Kinross Gold and US-based Newmont Mining – we look at the current practices of large-scale mining and the role of corporate interests, as well as practices of different levels of government and traditional authorities, on how issues such as land and resources, customary law, and compensation are addressed.

Brief

Brief on Concerns Related to Project-Level Non-Judicial Grievance Mechanisms

This brief presents data derived from field assessments by MiningWatch Canada and partners at the Porgera Joint Venture mine, Papua New Guinea, and by MiningWatch Canada with Rights and Accountability in Development (RAID) at the North Mara gold mine, Tanzania. It was prepared for the Centre for Excellence in Corporate Social Responsibility Workshop on Remedy, Ottawa, September 25, 2014, by Catherine Coumans.

Brief

MiningWatch's Concerns Related to Project-Level Non-Judicial Grievance Mechanisms

MiningWatch Canada prepared this brief for Access Facility's expert meeting on practical solutions to the implementation of the UN Guiding Principles on Business and Human Rights' “effectiveness criteria.” The data for this brief is derived from the work of MiningWatch Canada and our local and international partners on a project-level non-judicial

Brief

A Pattern of Abuse: Human Rights at Risk at African Barrick's North Mara Mine in Tanzania

Together with RAID (Rights and Accountability in Development), the London Mining Network, and CORE (the Corporate Responsibility coalition of the UK) have put together a briefing note for investors in UK mining company African Barrick Gold and its majority shareholder Barrick Gold Corporation regarding human rights violations at the North Mara mine in Tanzania.

Publication

New Study Debunks Mining Company “Falsehoods” Regarding El Salvador

The President-elect of El Salvador has publicly committed to prohibit new mining during his administration, just as his predecessors have done since 2008. OceanaGold should respect the democratic process in El Salvador, abandon its acquisition of Vancouver-based Pacific Rim Mining, and drop its lawsuit against the government of El Salvador for not having permitted a mine, according to international civil society organizations. A new study debunks eight falsehoods the company has used to try to justify mining in El Salvador and undermine public debate and policymaking.

Presentation

Evolving Standards and Expectations for Responsible Mining: A Civil Society Perspective

This paper is a reflection on the Framework for Responsible Mining and examines key areas of concern and notes where the industry norms and expectations of civil society have evolved. The paper focuses on developments in social issues related to the UN Guiding Principles on Business and Human Rights, new initiatives associated with financial transparency, and the UN Declaration on the Rights of Indigenous Peoples. The environmental components of the Framework that are revisited are waste management, biodiversity, energy and climate change, environmental assessment, mine closure, mercury and seabed mining.

Brief

Submission to the Government of Canada’s Review of Corporate Social Responsibility Strategy for the Canadian Extractive Sector

On December 12, 2013, MiningWatch participated in a roundtable consultation hosted by the Department of Foreign Affairs, Trade and Development Canada (DFATD) as part of the Government of Canada’s review of its CSR Strategy for the Extractive Sector. On December 16, 2013, MiningWatch participated in an in depth interview with the Office of Audit, Evaluation and Inspection of DFATD on the same topic. This brief expands on feedback provided by MiningWatch Canada in these forums.
Publication

More Shine Than Substance: How RJC certification fails to create responsible jewelry

Published jointly with IndustriALL, CFMEU Australia, United Steelworkers, and Earthworks, this report examines the scope of the Responsible Jewellery Council's certification system and analyzes its components: its governance, membership, standards, auditing, and system for dealing with complaints, among others. It concludes that the certification system cannot provide consumers with meaningful reassurance about the ethical antecedents of the jewelry and minerals produced by its member companies.

Publication

Corruption, Murder and Canadian Mining in Mexico: The Case of Blackfire Exploration and the Canadian Embassy

Documents released from the Canadian Department of Foreign Affairs and International Trade (DFAIT) under an access to information request raise serious concerns about the conduct of the Canadian Embassy in Mexico. Throughout a conflict involving Blackfire Exploration’s mining activities in the municipality of Chicomuselo, Chiapas that saw an activist shot and ultimately triggered an RCMP investigation over corruption, it appears the Embassy provided instrumental and unconscionable support to the operations of a Canadian mining company in Mexico.

Guest Publication

No Means No: The Kitchenuhmaykoosib Inninuwug and the Fight for Resource Sovereignty

In 2006, a remote Ontario First Nation, Kitchenuhmaykoosib Inninuwug (KI), said 'no' to a mining company, was sued for $10 billion, had its leaders found in contempt of court and jailed but eventually prevailed when, three years later, the Ontario government paid the company $5 million to go away. This 7-page e-book by KI's political advisor and former MiningWatch board member David Peerla tells how it all happened.

Publication

Introduction to the Legal Framework for Mining in Canada

This report is a response to requests from community members, activists, and academics in Canada and abroad for information about how Canadian mining laws function. The document provides a non-technical overview of Canadian mining laws, selected ‘lessons learned’ and the outcomes of mining code reform projects. In order to keep the document accessible to a wide audience we have kept it brief but provide links to sources for more detailed information.

Brief

Presentation to the House of Commons Standing Committee on Finance on Bill C-38, the Budget Implementation Act

Jamie Kneen testified before a special subcommittee of the House of Commons Standing Committee on Finance looking specifially at section 3 of Bill C-38, the section of the budget implementation Act that repeals and replaces the Canadian Environmental Assessment Act and makes serious changes to the Fisheries Act and numerous other environmental laws.

Publication

Environmental and Health Effects of Chromium

Cliffs Natural Resources is proposing to develop a large chromite deposit in a remote area of northern Ontario that has been dubbed the Ring of Fire. Recognising that chromium is a toxic metal that has never been mined in Canada, MiningWatch has conducted a literature review of environmental and human health issues associated with mining and processing the metal. The complete literature review and three summary fact sheets are available here.

Publication

Troubled Waters: How Mine Waste Dumping is Poisoning Our Oceans, Rivers and Lakes

Each year, mining companies dump more than 180 million tonnes of hazardous mine waste into rivers, lakes, and oceans worldwide, threatening vital bodies of water with toxic heavy metals and other chemicals poisonous to humans and wildlife, according to this report by Earthworks and MiningWatch Canada.

Publication

Environmental assessment law for a healthy, secure and sustainable Canada: a checklist for strong environmental laws

Canadians want strong environmental laws, and they deserve an environmental assessment process that delivers on core Canadian values related to the environment, democracy, and responsible development. This paper outlines our blueprint of what strong environmental assessment legislation must include, at a minimum, to protect those values and ensure wise decisions are made about proposed development through an effective, efficient, inclusive and robust decision making process. Strong environmental assessment (EA) laws should be based on and measured against the following key principles:

Submissions to the House of Commons Environment Committee on the Canadian Environmental Assessment Act (CEAA) 7-Year Review

MiningWatch made two submissions to the House of Commons Standing Committee on Environment regarding the Canadian Environmental Assessment Act, when Jamie Kneen testified before the Committee on November 24, 2011, and as a supplementary written submission in response to the Standing Committee's abrupt announcement of the deadline for submissions and the end of hearings.

Guest Publication

Decolonizing Environmental Management: A Case Study of Kitchenuhmaykoosib Inninuwug

By James Wilkes. This study was done as a Masters thesis at Trent University and is posted here at the request of the author. Canadian environmental management involving Indigenous communities is at a crossroads. First Nation communities in regions holding mineral and other natural resources are coping with legal, economic and political pressures to comply with government and industry demands for resource extraction and exploitation.

Contribution

Occupying Spaces Created by Conflict: Anthropologists, Development NGOs, Responsible Investment, and Mining

Regulators, investors, and communities are increasingly aware of the potential environmental and social harm associated with open-pit mining projects. Local-level conflict is now commonly associated with proposed and operating mines as community members struggle to protect economic and social values of importance to them, to assert the right to refuse a mine, or to advance claims on mining companies for damages. In response, mining companies seek partnerships to help them secure a so-called social licence to operate and manage risk to reputation.

Guest Publication

The Theory and Practice of Perpetual Care of Contaminated Sites

In fall 2010, Alternatives North hired Dr. Joan Kuyek to do a study. Giant Mine in Yellowknife has 237,000 tonnes of arsenic trioxide to take care of. There is a plan to freeze this arsenic, so it can’t leak out and hurt the people and the land. For the Environmental Assessment of this plan, Alternatives North asked for a study of how contaminants are managed in other places.
Publication

Barrick’s Porgera Joint Venture Mine – Neither Sustainable, Nor Development

This case study contends that Barrick Gold's Porgera Joint Venture Mine in Papua New Guinea is environmentally unsustainable and is severely undermining current food security, access to clean water, sustainable livelihood, and health, as well as the long-term development potential, of indigenous Ipili landowners living in the mine lease area. The mine is also eroding the sustainable development of surrounding Ipili and downstream communities. The mine is further implicated in serious human rights abuses.

Presentation

Corporate Rights Over Human Rights: Canadian mining in Central America

Presentation: Canada is an important player in the global mining industry with important mineral holdings in Latin America. But the lack of an appropriate legislative and regulatory framework to hold our companies accountable for their operations abroad, means we are putting corporate rights over human rights. This presentation gives the example of Goldcorp's Marlin mine in Guatemala, with reference also to HudBay's Fénix nickel project.

Brief

Submission to the House of Commons Standing Committee on International Trade on the Canada-Panama Free Trade Agreement

Canada moves to support mining investment in Panama in the face of mounting human rights abuse by the Panamanian government and concerted opposition from Indigenous peoples, affected communities, and environmental groups. "The agreement as negotiated presents a very real risk of entrenching an ineffective and possibly irresponsible regulatory regime by protecting investments from tougher environmental or fiscal measures."

Publication

Two Million Tonnes a Day - A Mine Waste Primer

The creation of large volumes of waste, including solids, liquid effluents, and air emissions, is a fact of life for mining and mineral processing operations. Depending on the minerals’ natural geology and how they are processed these wastes can often be hazardous to the environment and human health. Solid wastes including waste rock and tailings are, by volume, the most significant waste generated by mining and mineral processing. Solid wastes are typically in the tens to hundreds of millions of tons of waste for a single mine.

Guest Publication

Mining & Health: A Community-Centred Health Assessment Toolkit

Published by the Canary Research Institute for Mining, Environment, and Health, this Community-Centred Health Assessment Toolkit will help members of mining-affected communities conduct their own assessment of the health of their community and guide them in taking steps towards supporting and improving the conditions for health in their communities.

The Toolkit is designed to be used by aboriginal and non-aboriginal communities where there is mining exploration or development or closed or abandoned mines. It can also be used by individuals, support groups, or institutions (academic, health) from outside the community that may be invited to help guide community members through parts, or all, of the health assessment and project planning process.

Publication

Land and Conflict: Resource Extraction, Human Rights, and Corporate Social Responsibility - Canadian Companies in Colombia

This report, researched by MiningWatch Canada, CENSAT-Agua Viva, and Inter Pares, looks at four case studies of Canadian extractive industry investment projects in Colombia, analyzing their associated potential human rights risks. Referring to principles developed by the UN Special Representative on Human Rights and Transnational Corporations, the report identifies issues and circumstances that clearly indicate that transparent and independent human rights impact assessments are necessary to avoid significant potential risk to human rights in existing and proposed extractive projects. Available from Inter Pares on request or download the PDF. Also available in French and coming soon in Spanish.

Publication

Boreal Forest’s Wildlife and Communities Threatened by Impacts from Exploration, Mining – Revised 'Boreal Below' Report

Joint news release with Northwatch: A major new report highlights serious impacts on the Canadian boreal forest from all phases of mining activity, from exploration to closure. Two respected mining industry watchdogs – Northwatch and MiningWatch Canada – say they published The Boreal Below (an all-new and expanded version of a widely circulated 2001 report) in response to growing demand from communities across Canada for information and analysis to help understand the impacts of mining on their lives and livelihoods. It provides a carefully-documented analysis of the social, environmental, and cultural impacts of mining from prospecting to mine closure, as well as an overview of the current situation by province and territory.

Publication

"Mining Investors" resource available

Understanding the legal structure of a mining company and identifying its management, shareholders and relationship with the financial markets Communities dealing with the impact from mining activities (whether at the claim-staking, exploration, development, operating, closure, or restoration/rehabilitation stage) find themselves confronted by a legal entity they may not understand, ...
Presentation

The Social Licence to Mine: Passing the Test

MiningWatch Presentation to Montreal Roundtable

Whether they bother with the Cyanide Code or the UN Global Compact or the OECD Guidelines for Multinational Enterprises, or contract high-priced public relations consultants, or buy support from naïve NGOs and corrupt local officials, or actively divide communities, or rely on good old-fashioned intimidation, it is clear that most mining companies – from the largest global players to the smallest exploration juniors – are willing to do whatever they can get away with to reward their shareholders with juicy returns.

Guest Publication

More Precious Than Gold: Mineral Development and the Protection of Biological Diversity in Canada

Across Canada, those seeking to protect biodiversity and those seeking mineral wealth have often ended up looking up the same valleys. Mineral development - from exploration to mine closure - poses some unique challenges and concern. This discussion paper lays out some of the primary issues and concerns related to mining in protected areas from a biodiversity-protection perspective. It provides an overview for those concerned about mining and environment conflicts, and raises questions about future directions.

Publication

Effects of Mining on Women’s Health in Labrador West

In 2004 MiningWatch Canada partnered with the Labrador West Status of Women Council and the Femmes francophones de l’Ouest du Labrador on a joint effort to explore community women’s own perceptions of the effects on their health from living in a mining town. The final report for this project, in both official languages, was launched in Wabush/Labrador City on February 15, 2005. The results provide insight into specific areas of concern for women regarding their health, but clearly also point to potential impacts from mining on community health that need to be better understood.