http://promotion.blackhawk-mining.com/2013/03/22/guatemalas-highest-court-denies-justice-to-indigenous-people-affected-by-mining/
The Queensland Resources Council (QRC) on Thursday listed a local content code of practice that would observe the state’s resources industry strengthen its binds with local contractors.
It was in the state and nation’s long-term interest to support flexible and outcomes-based measures to ‘join the dots’ between the resources sector and local suppliers, QRC CEO Michael Roche said.
“The minerals and energy sector is recognised as underpinning the Queensland economy by providing more than 70 000 direct jobs, and through A$28-billion in local purchases, more than 400 000 indirect jobs.
“However, we’re not resting on our laurels. This code is the right vehicle to pursue the twin goals of facilitating a high level of Queensland content in Queensland resource projects, while maintaining and enhancing the sector’s competitiveness in increasingly tough global markets,” Roche said.
The code presented enhanced opportunities for local industry participation in major projects, allowing resource companies to tailor their approach, based on their individual circumstances, he added.
“It replaces and improves upon the ‘tick-a-box’ regulatory approach embraced by both the previous state government and current federal government using a system built on giving local businesses a ‘full, fair and reasonable’ opportunity to be a supplier to resource projects in Queensland.”
Roche further added that the code adopted a strong “shared responsibility” framework, with the QRC, government, minerals and energy producers and local suppliers working together to deliver on the principle of ‘full, fair and reasonable’ opportunity.
Deputy Premier and Minister for State Development, Infrastructure and Planning Jeff Seeney said on Thursday that a new code of practice will see more major resources projects engage local industry suppliers.
He noted that the code would be owned, led and managed by industry and focused on ‘full, fair and reasonable’ access for local industry in all aspects of their projects.
“The benefits to Queensland’s economy of resources and energy investments are potentially huge – the pipeline of projects for environmental approval alone is worth a forecast A$71-billion, plus A$56-billion in liquefied natural gas investment already approved. But the maximum benefit depends on Queensland companies and workforce getting access to major project opportunities.”
Resources projects needed practical strategies to engage local industry if they were going to secure enduring community support, deliver projects effectively and maximise benefits for Queenslanders, the Minister noted.
The code would request proponents to take on practical local content tactics to make certain there was early engagement with Queensland industry, all-encompassing procurement practices and presented for guidance and support for proponents to carry out successful strategies.
It established an implementation framework, and a group of industry stakeholders including suppliers to monitor and refine delivery. Importantly, the code also provides a means to assess progress and report outcomes publicly, Seeney aid.
The project proponents would benefit directly from taking ownership of local content principles he added.
“Wherever local companies rise to the challenge, there’s an opportunity for long-term local supply solutions to their needs,” he said.
He renowned that the state government would do its part in promoting the adoption of the code, in supplier education and helping to position local industry to tender successfully.
Thursday 21 March 2013
Guatemala’s Highest Court Denies Justice to Indigenous People Affected by Mining
http://blackhawk-mining.com/2013/03/22/guatemalas-highest-court-denies-justice-to-indigenous-people-affected-by-mining/
The country’s highest court upheld the 1997 Mining Law against a constitutional challenge brought by the Western Peoples’ Council (CPO) for lack of prior consultation with indigenous peoples, reported by Guatemalan national press last March 1 of this year. Finally after the complaint was filed, the ruling comes out and it is against Guatemala’s international human rights obligations. It also represents a hold up from a 2011 Constitutional Court decision that ruled in favor of the right of Guatemala’s indigenous majority to consultation on legislative proposals that could have an effect on their lands and natural resources.
Frequent conflicts had been repeatedly ongoing due to Guatemala’s mining sector. These conflicts caused an increase in threats, criminalization and violence in the past recent months. Despite having over 400 mining licenses issued and more than 700 pending, the tension was caused by lack of respect for free, prior and informed consent.
Guatemala is obliged to respect the right of indigenous peoples to free, prior and informed consent for any project that could adversely impact them, and to consult with them before passing laws or administrative initiatives that would affect their rights this is all under Guatemala’s Peace Accords, the American Convention on Human Rights, and as a signatory to the International Labour Organization Convention No. 169 on the rights of indigenous and tribal peoples, as well as having endorsed the United Nations Declaration on the Rights of Indigenous Peoples
“This ruling is a contravention of Guatemala’s international obligations to respect indigenous rights and an unwelcome reminder of how the Guatemalan legal system continues to deny justice to the country’s Mayan population,” said Kris Genovese, senior attorney at the Center for International Environmental Law.
More than a year ago back in December 2011 the Constitutional Court overturned the government’s attempt to regulate prior consultation on the basis that it had not been consulted with indigenous peoples first. This is supposed to be the first step toward respect for such rights but then again this month’s ruling is a disappointing turn around.
“Not only is this ruling a negation of justice, it is a negation of the existence of indigenous peoples’ right to participate as political actors,” said Francisco Mateo Rocael, representative of the Western Peoples’ Council. “We knew the odds of winning were against us in this case. Despite our strong legal arguments, economic and political powers continue to influence how justice is carried out in Guatemala.”
A group of Canadian parliamentarians and one Canadian senator traveled on a trip sponsored by the company to Guatemala together with the Chairman of the Board of Goldcorp in August 2012 just after a month subsequent to a hearing on the constitutional challenge contra mining law. Goldcorp is one of the biggest gold manufacturers in the world and has one of its most cost-effective mines in Guatemala’s northwestern highlands. The Canadian group congregated with the Guatemalan legislative commission charged with mining legislation in the country during the three-day junket.
“We don’t know what took place behind closed doors, but the timing was crucial given that the Constitutional Court decision was due,” says Jen Moore, Latin America Program Coordinator at Mining Watch Canada. “While it is Guatemala’s obligation to respect the rights of indigenous peoples living there, we also need to ask what role Canadian interests might have played behind the scenes that run contrary to Canada’s responsibilities to promote respect for indigenous rights as well.”
The Western People’s Council, or CPO, will now forward this case to the Inter-American Commission on Human Rights. The CPO is a coalition of indigenous authorities and institutions from seven departments of Guatemala. They have already well thought-out nearly 60 community referenda. This referendum will give indigenous communities the right to vote and decide whether or not to accept development projects on their lands.
The country’s highest court upheld the 1997 Mining Law against a constitutional challenge brought by the Western Peoples’ Council (CPO) for lack of prior consultation with indigenous peoples, reported by Guatemalan national press last March 1 of this year. Finally after the complaint was filed, the ruling comes out and it is against Guatemala’s international human rights obligations. It also represents a hold up from a 2011 Constitutional Court decision that ruled in favor of the right of Guatemala’s indigenous majority to consultation on legislative proposals that could have an effect on their lands and natural resources.
Frequent conflicts had been repeatedly ongoing due to Guatemala’s mining sector. These conflicts caused an increase in threats, criminalization and violence in the past recent months. Despite having over 400 mining licenses issued and more than 700 pending, the tension was caused by lack of respect for free, prior and informed consent.
Guatemala is obliged to respect the right of indigenous peoples to free, prior and informed consent for any project that could adversely impact them, and to consult with them before passing laws or administrative initiatives that would affect their rights this is all under Guatemala’s Peace Accords, the American Convention on Human Rights, and as a signatory to the International Labour Organization Convention No. 169 on the rights of indigenous and tribal peoples, as well as having endorsed the United Nations Declaration on the Rights of Indigenous Peoples
“This ruling is a contravention of Guatemala’s international obligations to respect indigenous rights and an unwelcome reminder of how the Guatemalan legal system continues to deny justice to the country’s Mayan population,” said Kris Genovese, senior attorney at the Center for International Environmental Law.
More than a year ago back in December 2011 the Constitutional Court overturned the government’s attempt to regulate prior consultation on the basis that it had not been consulted with indigenous peoples first. This is supposed to be the first step toward respect for such rights but then again this month’s ruling is a disappointing turn around.
“Not only is this ruling a negation of justice, it is a negation of the existence of indigenous peoples’ right to participate as political actors,” said Francisco Mateo Rocael, representative of the Western Peoples’ Council. “We knew the odds of winning were against us in this case. Despite our strong legal arguments, economic and political powers continue to influence how justice is carried out in Guatemala.”
A group of Canadian parliamentarians and one Canadian senator traveled on a trip sponsored by the company to Guatemala together with the Chairman of the Board of Goldcorp in August 2012 just after a month subsequent to a hearing on the constitutional challenge contra mining law. Goldcorp is one of the biggest gold manufacturers in the world and has one of its most cost-effective mines in Guatemala’s northwestern highlands. The Canadian group congregated with the Guatemalan legislative commission charged with mining legislation in the country during the three-day junket.
“We don’t know what took place behind closed doors, but the timing was crucial given that the Constitutional Court decision was due,” says Jen Moore, Latin America Program Coordinator at Mining Watch Canada. “While it is Guatemala’s obligation to respect the rights of indigenous peoples living there, we also need to ask what role Canadian interests might have played behind the scenes that run contrary to Canada’s responsibilities to promote respect for indigenous rights as well.”
The Western People’s Council, or CPO, will now forward this case to the Inter-American Commission on Human Rights. The CPO is a coalition of indigenous authorities and institutions from seven departments of Guatemala. They have already well thought-out nearly 60 community referenda. This referendum will give indigenous communities the right to vote and decide whether or not to accept development projects on their lands.
Tuesday 12 March 2013
Black Hawk Mines Reviews - Forest officials’ negligence led to mining scam
http://www.linkedin.com/groups/Black-Hawk-Mines-Online-Games-4426100.S.182254912?qid=385e4bb2-ef58-4894-b08c-9c0144cc29ff&goback=.gna_4426100
Forest planning and management in the whole of India is so scientific and systematic that no irregularities, pilferage or smuggling of any kind should be possible. This is a British pattern of administration of the forest resources introduced in India by Dr Bandish.
The forest of a State is divided into several circles and each circle into several divisions according to management facilities.
For systematic administrative management, a division is further divided into several ranges, a range into sections and a section into beats.
Beat is the smallest unit. When a divisional forest officer is the sole authority of a divisional forest administration, an assistant conservator assists him for the same. When a range officer is in charge of a range, a forester is in charge of a forest section. A forest guard is in charge of a beat and runs the beat administration.
A regional chief conservator of forests remains in charge of a circle as a supervising authority over four to five divisions. All forest cases are cognizable offences. In face of such an administrative setup, one wonders how the illegal mining of minerals went unabated for several years!
Further, for the systematic management of the forest wealth in Odisha, the forests are divided into blocks, blocks in to compartments and sub- compartments.
Every forest block is surveyed and demarcated as well as mapped for records.
Similarly, the boundaries of each block are well laid up with pillars. Every pillar is verified in respect of its position in the concerned block map and is repaired if needed. The boundary lines are cleared during winter before commencement of fire season. The boundaries of every forest block act as fire protection line.
The work is done as preventive corse of action to protect forest resources from fire damage. Again, the compartment boundary lines are renewed with white paint. Trees standing on the compartment boundary lines are marked with double paint marks at breast height which can be visible from a distance. In certain cases, watchtowers are made to watch the incidence of fire and poaching.
People are engaged, especially during summer season, to watch the incidence of fire. The compartment history and fire control maps are regularly maintained for each forest block.
The blocks are vividly inspected and watched by the concerned range officers. During rainy season, cultural operations like surveying and regeneration of minor forest produces are undertaken. Besides, plans are devised to prevent theft of timber and poaching of wild animals. So, round the year, cultural activities are carried out to meet the provision of departmental code and working plan code.
Every DFO is supported to inspect the forest blocks within a division and he is supposed to reflect the current positions in his fortnightly tour diaries and send the same to the conservator of forests.
This is the usual practice to carry on the management of a forest. The whole forest management is governed by three instruments, including working plan code, working plan and departmental code.
The indiscriminate smuggling of iron ore and manganese from State forest shows either the forest officials grossly neglected their duties and allowed the wrongdoings to continue or connived with the illegal miners.
The writer after returning from the forest college was first posted at Keonjhar forest division and was given the task of carrying out field tasks in connection with revision of working plans, which was written by a British officer.
he plan period was ten years but the works were getting delayed. So, a revision of the plan was necessitated which was taken up by Pravakar Pani and subsequently was completed by Udayanath Sarangi. The writer was posted as a range officer. All the major blocks like Reban, Kalapat, Baula, Atei, Palashpal and Telkoi were in my charge.
They were to be surveyed and re-demarcated and boundaries pillars were to be posted. Later, the writer was posted as range officer at Champa range for some time and all the mining leasehold areas were under his control.
All the forest blocks like Karo, Sidhematha, Thakurani, Joda, Nalda, Barbil and Kiribar were personally surveyed by the writer. Scientific field operations were done before a final shape was given to Sarangi’s plans in the Keonjhar division.
The writer personally visited the boundaries of each leasehold area and submitted the verification certification to the authorities in every fortnight.
Further, the writer served in different capacities in Karanjia and Baripada divisions for long years, where Gorumaisani and Badampahad mining leases had gone controversial. The writer is also acquainted with Sukinda mines because Sukinda forests were under the forest administration of Keonjar division.
The moot point is if the forest areas had been regularly verified and records maintained, the question of mining beyond leasehold areas would not arise.
But, the regular monitoring and surveillance were not done violating the working plan code. If the officials had stuck to the working plans, departmental code and management map in the field practices, no illegal mining would have taken place.
Given this, the writer sincerely believes Justice MB Saha Commission is being kept in dark of the violation of forest management norms and practices which led to plunder of forest resources and minerals. The mining scam is therefore a result of utter negligence of duty of the forest, environment, revenue, police, mines and transport department officials. Coupled with this, it involves nexus between the dishonest officials and mine owners to make easy money.
Forest planning and management in the whole of India is so scientific and systematic that no irregularities, pilferage or smuggling of any kind should be possible. This is a British pattern of administration of the forest resources introduced in India by Dr Bandish.
The forest of a State is divided into several circles and each circle into several divisions according to management facilities.
For systematic administrative management, a division is further divided into several ranges, a range into sections and a section into beats.
Beat is the smallest unit. When a divisional forest officer is the sole authority of a divisional forest administration, an assistant conservator assists him for the same. When a range officer is in charge of a range, a forester is in charge of a forest section. A forest guard is in charge of a beat and runs the beat administration.
A regional chief conservator of forests remains in charge of a circle as a supervising authority over four to five divisions. All forest cases are cognizable offences. In face of such an administrative setup, one wonders how the illegal mining of minerals went unabated for several years!
Further, for the systematic management of the forest wealth in Odisha, the forests are divided into blocks, blocks in to compartments and sub- compartments.
Every forest block is surveyed and demarcated as well as mapped for records.
Similarly, the boundaries of each block are well laid up with pillars. Every pillar is verified in respect of its position in the concerned block map and is repaired if needed. The boundary lines are cleared during winter before commencement of fire season. The boundaries of every forest block act as fire protection line.
The work is done as preventive corse of action to protect forest resources from fire damage. Again, the compartment boundary lines are renewed with white paint. Trees standing on the compartment boundary lines are marked with double paint marks at breast height which can be visible from a distance. In certain cases, watchtowers are made to watch the incidence of fire and poaching.
People are engaged, especially during summer season, to watch the incidence of fire. The compartment history and fire control maps are regularly maintained for each forest block.
The blocks are vividly inspected and watched by the concerned range officers. During rainy season, cultural operations like surveying and regeneration of minor forest produces are undertaken. Besides, plans are devised to prevent theft of timber and poaching of wild animals. So, round the year, cultural activities are carried out to meet the provision of departmental code and working plan code.
Every DFO is supported to inspect the forest blocks within a division and he is supposed to reflect the current positions in his fortnightly tour diaries and send the same to the conservator of forests.
This is the usual practice to carry on the management of a forest. The whole forest management is governed by three instruments, including working plan code, working plan and departmental code.
The indiscriminate smuggling of iron ore and manganese from State forest shows either the forest officials grossly neglected their duties and allowed the wrongdoings to continue or connived with the illegal miners.
The writer after returning from the forest college was first posted at Keonjhar forest division and was given the task of carrying out field tasks in connection with revision of working plans, which was written by a British officer.
he plan period was ten years but the works were getting delayed. So, a revision of the plan was necessitated which was taken up by Pravakar Pani and subsequently was completed by Udayanath Sarangi. The writer was posted as a range officer. All the major blocks like Reban, Kalapat, Baula, Atei, Palashpal and Telkoi were in my charge.
They were to be surveyed and re-demarcated and boundaries pillars were to be posted. Later, the writer was posted as range officer at Champa range for some time and all the mining leasehold areas were under his control.
All the forest blocks like Karo, Sidhematha, Thakurani, Joda, Nalda, Barbil and Kiribar were personally surveyed by the writer. Scientific field operations were done before a final shape was given to Sarangi’s plans in the Keonjhar division.
The writer personally visited the boundaries of each leasehold area and submitted the verification certification to the authorities in every fortnight.
Further, the writer served in different capacities in Karanjia and Baripada divisions for long years, where Gorumaisani and Badampahad mining leases had gone controversial. The writer is also acquainted with Sukinda mines because Sukinda forests were under the forest administration of Keonjar division.
The moot point is if the forest areas had been regularly verified and records maintained, the question of mining beyond leasehold areas would not arise.
But, the regular monitoring and surveillance were not done violating the working plan code. If the officials had stuck to the working plans, departmental code and management map in the field practices, no illegal mining would have taken place.
Given this, the writer sincerely believes Justice MB Saha Commission is being kept in dark of the violation of forest management norms and practices which led to plunder of forest resources and minerals. The mining scam is therefore a result of utter negligence of duty of the forest, environment, revenue, police, mines and transport department officials. Coupled with this, it involves nexus between the dishonest officials and mine owners to make easy money.
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