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1 Noviembre, 2011 – Buenos Aires.
After meeting with the parties involved in a glacier impact dispute over Xstrata Copper’s El Pachón and Filo Colorado projects (in San Juan and Catamarca, Argentina, respectively) the Argentine Foreign Ministry, in collaboration with the Australian government, has agreed to take on a complaint filed by the Center for Human Rights and Environment (CEDHA), over the impacts to rock glaciers and permafrost in the project areas.
The complaint (called a Specific Instance) focuses on alleged violations to social and environmental norms established under the OECD Guidelines for Multinational Enterprises. The governments of Argentina and Australia will now play a mediation role between CEDHA and Xstrata Copper, the Australian-based mining company, in search of a satisfactory solution to the circumstances.
CEDHA asks for Xstrata to cease exploratory/preparatory operations of El Pachón (Filo Colorado is not in operation at present) until a proper Glacier Impact Assessment can be carried out, as mandated by the new National Glacier Protection Act.
Xstrata had claimed to CEDHA that there were no glaciers at El Pachón or at Filo Colorado, but quietly filed an injunction order to federal courts several months ago, requesting that the National Glacier Act be suspended for their project. The National Glacier Act prohibits mining in territories where there are glacier and/or permafrost.
Concerned over extensive mining impacts to glaciers in the region, which led to the recent adoption of a National Glacier Protection Act, CEDHA recently carried out a glacier inventory and produced a lengthy report revealing over 200 glaciers in the El Pachón vicinity. Maps from Xstrata’s Environmental Impact assessment, obtained by CEDHA through an information request to the provincial government of San Juan, show that the project area includes 20% permafrost, as well as a similar number of rock glaciers to those revealed by CEDHA.
“As is, and by the National Glacier Act, El Pachón is illegal, and will not be able to start up operations”, claims Jorge Daniel Taillant, author of the report and the complaint on Xstrata’s glacier impacts.
CEDHA is asking:
- That Xstrata cease all operations at El Pachón until a proper glacier impact assessment can be carried out;
- That Xstrata commit to protecting glaciers and permafrost, as is mandated by national and provincial law;
- That Xstrata repair all past damage to glaciers and permafrost;
- That Xstrata avoid all future damage to glaciers and permafrost from its extractive operations;
- That Xstrata help develop a Protocol for Mining in Glacier Territory, which CEDHA is working on for the mining sector;
“The Protocol for Mining Operations in Glacier Territory could help provide a solution to dozens of mining companies operating in the area, while helping protect glaciers resources now at great risk due to uncontrolled mining. We took the idea from the Kimberley Principles for Diamond Mining”, said Taillant, who is working on the Protocol and has engaged Xstrata and the provincial government of San Juan, with the idea, which have both expressed interest.
The government of Argentina will now offer its good offices to the parties to help seek a settlement of the dispute.
For more information:
tel. +54 9 351 507 8376
links:
- CEDHA website on mining projects with glacier exposure in the region.
- Specific Instance (OECD Guidelines) – Xstrata Copper – For Impacts to Rock Glaciers and Periglacial Environments of El Pachón and Filo Colorado (Spanish)
- Impact to Glaciers by El Pachon (Xstrata) (Version in English) (Spanish)
- Impacts to Rock Glaciers and Periglacial Environments by the Filo Colorado (Xstrata) and Agua Rica (Yamana Gold) Projects (5.6mg)
- Information on Glaciers