Environmental Engineering Reference
In-Depth Information
There is another legal order that increasingly plays a role in the conflict: transna-
tional norms and laws. Both the Nieuw Koffiekamp community and its miners, and
Iamgold are well aware of the fact that the sympathy of the international community
is normally with tribal peoples; no one roots for Goliath. In this setting, international
human rights laws shape negotiations between small-scale gold miners, who justify
their behaviour on the basis of tribal customary laws, and the mining multinational,
which is backed by a legal mineral agreement with the Suriname government. The
mining company's decision to allow local tribal gold miners on the concession was not
motivated by altruism. In the watchful eye of the international community, the forced
expulsion of tribal peoples would reflect poorly on the company. A compromise that
allows the multinational to mine profitable deposits while (temporarily) giving per-
mission to small-scale gold miners to mine the top-layer is in its own best interest. The
Maroons have international laws and regulations on their side. However, it has yet
to be seen to what extent World Bank development guidelines, UN regulations, the
American Convention on Human Rights, and international Best Practices guidelines
for large-scale mining companies, can compete with national laws and - even more
so - the lure of a pot of gold.
The story of the Nieuw Koffiekamp mining community suggests that the engage-
ment with different legal systems has been effective in mitigating the conflict over
access to land and gold. For the company, the incorporation of customary laws of
local miners and communities into (informal) company policy can help reduce conflict
between local gold mines and a mining company. The Nieuw Koffiekamp community,
and especially the miners' organisation Makamboa, have also engaged with other legal
orders than the customary law, using formal law 13 to defend their position in the con-
cession. In the establishment of this workable - mostly unwritten - agreement between
the company and small-scale gold miners, the role of the state and formal legislation
has been marginal. The one exception to this is that the mining concession has been
given on the basis of state law, creating the foundation of the current conflict.
8.4 THE CASE OF CHOCÓ (COLOMBIA)
The legal situation is very different in the Colombian region of Chocó. In this region,
the collective land rights of the Afro-Colombian population are officially recognised
and there is de facto legal pluralism. The local Afro-Colombian communities have been
granted collective land titles and artisanal mining rights that are governed by so-called
Community Councils. The communities have no rights to the subsoil however, and the
Ministry of Mines has granted mining titles within the collective titles to outsiders. The
area is abound with illegal mining. This region possesses some of the most important
reserves of gold and platinum in the country and mining activities have taken place
for more than 200 years. Both large-scale and small-scale miners have interests in the
deposits, including the producers of so-called artisanal “green'' gold. At the moment,
there are no large companies involved in exploitation, but there are hundreds of
13 In this context international normative law also plays an important role. In another writing
the authors will pay attention to the question how the miners' organization Makamboa engages
with international normative orders to negotiate their position in this territory.
 
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