Reposted from Earthworks

By Paulina Personius

Last week, Indigenous leaders from the Ayllu Acre Antequera in Bolivia, together with the organizations Qhana Pukara Kurmi, Cultural Survival, and Earthworks, submitted a report to the Canadian mining company Santacruz Silver (SCS) ahead of its Annual General Meeting today in Vancouver. In 2021, SCS acquired the Bolívar Mine in the Department of Oruro in Bolivia from the Swiss mining company Glencore. 

The Bolívar Mine is on the ancestral territory of the Ayllu Acre Antequera, a communal land that Indigenous Authorities and families govern. The report submitted to SCS was authored by Cultural Survival and documents violations of multiple human rights at the mine site. The report includes documentation of violations of the following rights: right to Free, Prior and Informed Consent, right to health and to a healthy environment, right to freedom of expression, right to live in safety, right to non-discrimination, cultural rights, and the right to belong to an Indigenous community.

In a letter to the company accompanying the report, the communities that comprise the Ayllu Acre Antequera and their partner organizations outlined some of the most pressing issues the mine operations are causing. First, the group pointed out that the mine uses vast quantities of water and has contaminated water and land in the vicinity. Technical studies found elevated levels of heavy metals in the Antequera River, and community members report mismanaged mine waste, known as tailings, that gets picked up and blown around by the wind. Aside from the health and environmental concerns this presents, these impacts have serious repercussions for the local economy, as the community depends on subsistence agriculture and livestock. The soil and water contamination have impacted crop yields and livestock herds and have even caused some community members to move away from the area due to economic and health concerns.

The mining company and associated mineworker unions have also attacked, threatened and criminalized members of the Ayllu that oppose the mine. In April 2024, mine workers attacked a group of women, maintaining a peaceful blockade to protect their territory from mining activities. As a result, a group of women fled the community and, due to ongoing safety concerns, are still unable to return to their homes and families months later. This was not the first time that community members have been attacked or harassed by mineworkers. The Indigenous Authorities of the Ayllu have also been criminalized in an attempt to stop them from publicly denouncing the mine.

The letter also outlines how the company has completely ignored the right to Free, Prior and Informed Consent outlined in the UN Declaration on the Rights of Indigenous Peoples, which both Canada and Bolivia have adopted. The Ayllu Acre Antequera was never consulted about the mine project, has not been adequately informed of the project and its impacts, and has thus not consented to move forward.

Women from the community. Photo courtesy of Qhana Pukara Kurmi / Ayllu Acre Antequera.

As Santacruz Silver convenes its Annual General Meeting, communities have several demands for the company to bring it into compliance with international and national legal frameworks, the Canadian Government’s Strategy for Responsible Business Conduct Abroad, and with SCS’s own goal for communities “to have an active, free, previous and informed participation from their behalf, in harmony with their internal protocols as land owners, citizens and their representatives.”

• Guarantee the protection and safety of nearby communities and of human rights and land defenders, including the women who were attacked. Take the necessary measures to put an end to the intimidation and violence these groups face.
• Stop the prosecution and criminalization of the Indigenous authorities of the Ayllu Acre Antequera.
• Implement a consultation process with the communities that make up the Ayllu Acre Antequera so that they can grant or deny their Free Prior and Informed Consent for the operations of the Bolívar Mine.
• Present a plan to clean the Antequera River, given the presence of high levels of heavy metals, and to prevent future spills of contaminants from the mine into the watershed. The plan must include potable water for the communities and their livestock until studies verify that the heavy metal levels in the water meet legal limits.
• Publish the results of an independent review and investigation of the tailings facilities of the Bolívar Mine. This is because there have been reports of the mismanagement of tailings, causing tailings to be dispersed in the wind, and there has been evidence of leaks in the tailings dam. Ensure that tailings management aligns with the guidelines established in Safety First: Guidelines for Responsible Mine Tailings Management.
• Comply with the mining contract signed by the SCS subsidiary, Minera Illapa, and the Bolivian Mining Corporation (COMIBOL) and established in Bolivian law No. PL 345/2013-2014, in particular Clause 28 of the contract, states that it will comply with Article 347 of the Bolivian Constitution, which focuses on policies related to environmental management.

The communities living near the Bolívar Mine deserve a clean and healthy environment and to live free of the threat of violence and intimidation. Santacruz Silver must take immediate steps to guarantee that its operations uphold human rights, do not cause irreparable harm to the environment and Indigenous culture, and rectify past harms.

Top photo: Mine workers on trucks approach the community in April. Photo courtesy of Qhana Pukara Kurmi / Ayllu Acre Antequera.