ASAMBLEA PARLAMENTARIA EURO-LATINOAMERICANA
EURO-LATIN AMERICAN PARLIAMENTARY ASSEMBLY
ASSEMBLEIA PARLAMENTAR EURO-LATINO-AMERICANA
ASSEMBLÉE PARLEMENTAIRE EURO-LATINO-AMÉRICAINE
PARLAMENTARISCHE VERSAMMLUNG EUROPA-LATEINAMERIKA
Committee on Sustainable Development, Environment, Energy Policy, Research, Innovation
and Technology.
19.2.2015
DRAFT REPORT
21st century mining, based on responsible and sustainable development
EP co-rapporteur: Inês Zuber (GUE)
LAC co-rapporteur: Cecilia Castro Márquez (Parlandino, Ecuador)
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SUMMARY
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DRAFT MOTION FOR A RESOLUTION.............................................................................3
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DRAFT MOTION FOR A RESOLUTION
21st century mining, based on responsible and sustainable development
The Euro-Latin American Parliamentary Assembly,
–
having regard to the declarations made at the seven Summits of Heads of State or
Government of Latin America, the Caribbean and the European Union, held respectively
in Rio de Janeiro (28-29 June 1999), Madrid (17-18 May 2002), Guadalajara (28-29 May
2004), Vienna (11-13 May 2006), Lima (15-17 May 2008), Madrid (17-18 May 2010)
and Santiago de Chile (26-27 January 2013);
–
having regard to the precautionary principle, as set out in the Rio Declaration on
Environment and Development and in the Convention on Biological Diversity adopted in
Rio de Janeiro in June 1992,
–
having regard to the Declaration of the United Nations Conference on Sustainable
Development (Rio+20), ‘The Future We Want’ and specifically paragraphs 227 and 228
thereof on mining,
–
having regard to European Parliament and Council Directive 2004/35/EC of 21 April
2004 on environmental responsibility1,
–
having regard to Directive 2006/21/EC of the European Parliament and of the Council of
15 March 2006 on the management of waste from extractive industries2,
–
having regard to the practical guide to ‘Reducing mercury use in artisanal and small-scale
mining’, produced by the United Nations Environment Programme,
–
having regard to Recommendation 214 of the Andean Parliament, on ‘Illegal mining in
the Andean Region’,
–
having regard to Decision 774 of the Andean Community, containing the Andean policy
to combat illegal mining,
–
having regard to Convention 169 of the International Labour Organization,
–
having regard to the UN Declaration on the Rights of Indigenous Peoples,
–
having regard to the UN Guiding Principles on Business and Human Rights, prepared by
the Secretary-General’s Special Representative on the issue of human rights and
transnational corporations and other business enterprises, John Ruggie,
1
2
OJ L 143, 30.4.2004, p. 56.
OJ L 102, 11.04.2006, p. 15.
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–
having regard to the strategic alliance of the Extractive Industry Transparency Initiative
(EITI), which requires governments to publish details of their revenue from natural
resources,
–
having regard to the ILO Convention on Safety and Health in Mines,
–
having regard to Directive 2013/34/EU of the European Parliament and of the Council, of
26 June 2013, on the annual financial statements, consolidated financial statements and
related reports of certain types of undertakings1,
A. whereas the right to a healthy environment is a third generation human right;
B. whereas mining is the fundamental process used to extract the resources currently used by
our societies and mining industries are of importance to all countries with mineral
resources, particularly developing countries;
C. whereas for many developing countries, mining accounts for a significant proportion of
GDP and often for the bulk of foreign exchange earnings and foreign investment and,
when managed in an effective, efficient, responsible, sustainable and fully transparent
manner, is able to act as a catalyst for socioeconomic development;
D. whereas countries have a sovereign right to exploit their natural resources in accordance
with their national priorities and the responsibilities pertaining to the exploitation of
natural resources described in the Rio Principles;
E. whereas although the mining sector can contribute significant direct or indirect benefits in
terms of developing local and national economies and creating jobs, generating new
infrastructure or helping to build local capacities and businesses, for local communities
these benefits often fail to materialise;
F. whereas complaints from local communities most frequently concern the serious damage
caused to the environment and water sources; harmful health consequences for local
communities, particularly respiratory and dermatological problems; forced displacement
of communities and the destruction of indigenous peoples’ ancestral lands, which are of
great spiritual significance to them and form part of their cultural heritage;
G. whereas the boom in international commodity prices as a result of demand from
emerging economies has encouraged investment in mining; whereas mining is
responsible for a large part of Latin America’s economic, productive and social
dynamism and is contributing to the development of infrastructure;
H. whereas the Extractive Industry Transparency Initiative (EITI) aims to transform the
wealth represented by natural resources into increased development for local people,
focusing on more transparent revenue management, in order to reduce the opportunities
for corruption and allow a fair distribution of the benefits;
1
OJ L 182, 29.06.2013, p. 19.
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I.
whereas small-scale mining is a highly labour-intensive sector characterised by low levels
of technological development, a significant contribution to environmental deterioration,
precarious working conditions and poor health and safety standards, but also offers an
alternative source of employment to almost a million people in Latin America, many of
whom live in rural areas;
J.
whereas large-scale mining, and opencast mining in particular, causes very significant
environmental damage, principally owing to acid drainage, which can continue for
hundreds of years after a mine has been abandoned;
K. whereas illegal mining is also carried out by groups operating outside the law and
mining-associated phenomena are not merely confined to illegal forms of mining activity;
whereas countries which are rich in extractive natural resources also tend to suffer from
the so-called ‘curse of natural resources’;
L. whereas for most mining countries, being ‘cursed’ with natural resources has given them
higher levels of income and fiscal revenue, but the quality of their institutions and fiscal
policies determines whether or not this income and revenue is put to good use;
M. whereas mining activity in areas inhabited by ethnic groups and communities is highly
controversial and calls for open and transparent dialogue between the government and
representatives of local communities, especially between the government and indigenous
peoples;
N. whereas social protest and mobilisation are a means of publically exercising the right to
freedom of expression and association; whereas democratic states are bound by their duty
to authorise such protest and protect participants;
1.
Recognises the importance of the mining sector; nevertheless draws attention to the major
challenges faced by countries wishing to transform their mineral wealth into economic
and social development, which include: the ability to attract investment and adopt sound
mining policies; the creation of natural wealth by simultaneously protecting the
environment and other social and cultural values; a balanced distribution of the benefits
obtained from mining among the various tiers of government, local communities and
mining companies, while preventing and tackling potential social conflicts;
2.
Considers that the magnitude of mining’s undesirable environmental impact and the
sustainability of its development depend on different factors, including the tax and
royalty system and the legal and regulatory framework; therefore calls on countries to set
up a clear and transparent legal and regulatory framework addressing all phases of mining
activity, and particularly the aftermath of mine closure;
3.
Expresses its concern at the working conditions in the small-scale mining sector, where a
high proportion of jobs are precarious and manifestly fail to comply with national and
international labour and environmental standards, and notes that this problem also occurs
in large-scale mining; calls on the governments of the Latin American countries and on
mining enterprises to implement the core labour standards as set out in the ILO
conventions, to ensure decent and safe work for all mine workers; considers it necessary
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to manage small-scale mining in such a way as to help reduce poverty, increase earnings
and prevent rural migration and environmental destruction;
4.
Recalls the adoption by the Andean Community of an Andean policy to combat illegal
mining, to provide a coordinated and integrated response to this phenomenon, achieve the
most effective oversight possible and pursue cooperation measures aimed at placing
mining on a formal footing, to foster social and environmental responsibility and help
make the sector more sustainable;
5.
Recalls that extractive mining requires numerous precautionary, mitigating and
decontaminating measures to ensure that concentrations of polluting elements do not
exceed established limits;
6.
Recommends that governments launch or step up support programmes for the small-scale
mining sector and adopt measures to combat informal and illegal operations; calls for the
political agenda of the EU and the Latin American countries to reflect international
concern and to prioritise cooperation to combat illegal mining and introduce national
policies to regulate mining activities;
7.
Further emphasises the need for regional and international approaches to curbing the
illegal exploitation of natural resources; encourages countries to adopt measures to
regulate the small-scale mining sector;
8.
Recalls that the strategic partnership on this issue between the EU and Latin America is
of the greatest importance, bearing in mind the interest of both parties in promoting
sustainable development and environmental balance, and that this should create further
synergies in multilateral fora where mining is concerned;
9.
Believes that the mining industry could and should contribute to climate change
mitigation through technology transfer and responsible investment;
10. Calls for a more committed parliamentary effort by both regions directly focused on
monitoring and following up the implementation of policies, plan and projects relating to
mining; recalls that mining activity carried out by illegal groups calls for the prevention,
combating and control of all actions harmful to the security of the countries involved;
11. Urges the European and Latin American authorities to develop an institutional framework
and build capacities in order to establish the necessary institutional and legal framework
to manage and allocate revenues from extractive industries in a transparent and effective
manner;
12. Expresses concern at the militarised activities of some enterprises, which hire members of
the national armed forces or private security companies to guarantee their safety, some of
which have been involved in cases of torture and illegal surveillance;
13. Reminds governments that mining activities should increase their social and economic
benefits to the maximum and ensure a fairer distribution of mining profits between
mining enterprises, the government and local communities, without any need to harm the
environment;
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14. Recalls that the discovery of new deposits of natural resources often gives rise to publicprivate corruption; also emphasises that an unfavourable macroeconomic environment is
created when large inflows of foreign currency take place, affecting the exchange rate
and leading to loss of competitiveness as a result of revaluation;
15. Urges governments to boost the capacity of local bodies to responsibly and transparently
manage mining resources, promoting lasting projects and sustainable development;
16. Considers it essential to recognise and guarantee the rights and traditional cultures of
indigenous peoples when it comes to developing extractive industries in areas inhabited
by them or which are of major ecological importance, and to guarantee their informed
prior consultation and participation; therefore urges those countries which have not
already done so to implement ILO Convention 169 through their national laws, so that
prior consultation becomes a binding requirement and a facilitating component in local
development and citizens’ participation processes; calls on authorities to create capacity
to organise consultations with local communities, properly assess the concession request,
monitor the site and assess the impact of the mining before granting concessions;
17. Stresses the need to ensure that victims of breaches of social or environmental legislation
by multinational companies have effective access to justice;
18. Stresses that EU Member States have a duty under international and European human
rights law to ensure that those companies operating within their jurisdiction are not
causing or contributing to human rights abuses, directly or indirectly, through their
business activities;
19. Recognises that in recent decades the European mining industry has made great strides in
terms of environmental protection and notes with satisfaction that companies operating in
the sector generally accept that they have to reconcile their activities with sustainable
development and the environment; nevertheless calls on the European Commission to
actively promote responsible business conduct among EU companies operating abroad,
ensuring strict compliance with all legal obligations, in particular with international
standards and rules in the field of human rights, labour and the environment;
20. Is concerned about the way concessions can be granted to mining companies and the
problems this can cause, including expropriation, deprivation of people’s livelihoods and
problems concerning user rights and land rights; urges authorities to ban mineral
exploration and exploitation in national parks and World Heritage Sites;
21. Urges governments and mining companies to promote a continuous increase in
accountability and transparency, including in the regular communication of information
concerning their operations, and in the effectiveness of relevant existing mechanisms to
prevent illegal flows arising from mining activities;
22. Strongly urges governments and mining companies to comply with national and
international laws on health and safety at work and to recognise occupational diseases
caused by mining work, ensuring that workers and their families receive due
compensation;
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23. Calls on competent authorities to ensure that mining licences and other assets are sold or
granted through open and transparent bidding processes; calls on authorities to publish
contracts, including annexes, maps and all financial details, as a means of preventing
corruption; calls on authorities and companies to ensure all payments to government are
published in a widely accessible manner;
24. Welcomes the recent revision of the European Transparency and Accounting Directives,
which introduces reporting obligations on payments to governments by the extractive and
logging industries; urges the EU Member States to implement these directives rapidly;
calls for the revenue data collected to be available in an open and accessible format;
***
25. Instructs its Co-Presidents to forward this resolution to the Council of the European
Union and the European Commission, and to the parliaments of the Member States of the
European Union and all the countries of Latin America and the Caribbean, the Latin
American Parliament, the Central American Parliament, the Andean Parliament and the
Mercosur Parliament, the Secretariat of the Andean Community, the Committee of
Permanent Representatives of Mercosur, the Permanent Secretariat of the Latin American
Economic System and the Secretaries-General of the Organization of American States,
the Union of South American Nations and the United Nations.
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