Raising voices against human rights violations related to the mining industry

Communities in Asia, Latin America, and other parts of the world, are under constant pressure from the mining industry, which often undermines indigenous communities and threatens their livelihood. The NHRF has grantee partners in different continents working with communities affected by this and shares their perspectives and experiences in this article.
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“Human rights abuses associated with the exploration and exploitation of non-renewable resources include among others, violation of the right to life, forced displacement and destruction of the environment on which indigenous peoples depend.” Burger, 2014. Indigenous Peoples Extractive Industries and Human rights, European Parliament.

Defenders and activists around the world are standing up to businesses that violate human rights, the right to land, and the environment, and often face reprisals for doing so. In their report from 2023, the Business and Human Rights Resource Center highlights that the mining sector was connected with the highest number of attacks against human rights defenders in comparison with other industries (165 out of 630 attacks in 2023). Latin America and Asia are the regions most affected by attacks against human rights defenders (41% of the attacks occurred in Latin America and 30% in Asia). The organisation Frontline Defenders also concludes its global analysis of 2023/2024 with concerning numbers on the situation of human rights defenders:

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Individuals fighting for the protection of human rights are very often exposed to serious safety risks. In the Americas, 22% of the violations towards human rights defenders are death threats.
The most targeted areas of human rights violations in the Americas are indigenous community rights, land rights, and environmental rights, including the right to Free, Prior, and Informed consent (FPIC) - as recognised by international law.
In Asia and the Pacific, the most reported violations towards human rights defenders are arbitrary arrests and detention (27%).

Birds-eye view from a land opening for nickel mining, Indonesia. Photo: KOMIU.

The NHRF supports grantee partners in Latin America and Asia that work to defend the rights of communities and individuals affected by mining activities, and who protect the environment.

Scroll down to learn more about the contexts of our grantee partners, their similarities and differences, and the strategies they have developed to counter the challenges they face.

Strengthening Indigenous communities in Indonesia

In Southeast Asia, the NHRF has several grantee partners working on the empowerment and capacity building of local and indigenous communities. One of them is Yayasan Kompas Peduli Hutan (KOMIU), an Indonesian organisation working in Central Sulawesi. KOMIU works on furthering governance towards sustainable development, to ensure the fulfilment of the rights of marginalised communities. Even though the organisation faces many challenges, in 2023, KOMIU achieved a temporary suspension of the production permit for the gold mining industry in indigenous areas.

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Their current project with the NHRF aims at strengthening the management of local communities and their customary areas, especially indigenous communities. This also includes strengthening the community’s capacity to advocate for their rights that have been affected by the expansion of mining companies in the area.

KOMIU works against administrative and legal issues that undermine the participation opportunities of local communities. Many human rights defenders who carry out advocacy work connected to mining activities face threats of being criminalised. KOMIU therefore provides support for protection and security practices for these human rights defenders.

KOMIU has also contributed to developing an online data platform that monitors the natural resource usage in Indonesia via drone technology. This helps identify and verify spatial planning violations committed by mining companies.

NHRF grantee partner KOMIU working on land boundary documentation. Photos: KOMIU.

Learn more in this video, where the director of KOMIU talks about how they do their work and the impact it has on the local communities.

Women Environmental Defenders in Thailand

In Thailand, the Center for Protection and Revival of Local Community Rights (CPCR) as a lawyers collective provides legal aid to indigenous and vulnerable communities. CPCR’s view is that it is critical to empower the people in these communities to protect their human rights and to secure equitable resource management.

On behalf of an indigenous community whose rights have been impacted by a coal mine, in 2023, CPCR approached a local court and successfully attained a temporary protection order. Even though the mining project affected the nearby communities’ way of life and their livelihood, it was started without the proper participation of these communities. Young indigenous defenders from the community are therefore demanding that their right to participation is recognised.

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CPCR is currently providing capacity building to 100 young indigenous women who live in areas affected by mining, to improve their access to justice and push for their environmental rights to be respected.

The indigenous community, led by young women, and with the support of CPCR has engaged in awareness-raising efforts about environmental impacts as a result of the mining industry in the area.

Young indigenous women human rights defenders supported by NHRF grantee partner CPCR in Thailand, sharing the environmental impact of coal mining near their village during a visit. Photo: NHRF.

Protecting the rights of mining workers in Mexico

NHRF’s grantee partner, Organización Familia Pasta de Conchos (OFPC) is located in the mining region of Coahuila in northern Mexico. In 2006, a mining disaster that killed 65 miners, led to the creation of the organisation to request justice for the victims and their families as well as safe working conditions for the miners, so that this does not happen again. On 12 June 2024 – after 18 years –the Mexican authorities finally announced the recovery of the remains of some of the bodies that were still inside the mine after the incident. This is a matter that Pasta de Conchos has been advocating for during all these years as it is very important for the victims’ families. However, the organisation has stated that it will continue to uphold the demands for truth, justice and measures to prevent repetition.

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Pasta de Conchos also works for a just transition in the coal region of Coahuila and promotes the implementation of community gardens and workshops with young people so that they have more job perspectives beyond working in the coal mines when growing up.

Commemorative event organised by NHRF’s grantee partner Pasta de Conchos in Mexico City in 2023 to remember the victims of the mining disasters since 2006. Photo: NHRF.

Protecting the territory among allies in Colombia

Our grantee partner in Colombia Amar es Más has supported the Embera Karambá indigenous community through legal and advocacy support. For the past 15 years, around 12 mining exploration and exploitation projects have been granted to multinational companies in the Embera Karambá indigenous territory located in the central-western part of Colombia, in Quinchía (Risaralda). These projects have caused multiple socio-environmental conflicts in the indigenous territory, which were denounced by the community.

For the Karambá community, the waters are the veins and arteries of the earth. Drilling for mining exploration creates disharmony and wounds that affect the communities, causing the loss of the water flows that sustain their livelihoods. The community is committed to recognising and monitoring their waters as a tool for territorial defense, allowing them to reclaim their role as environmental authorities in the face of arbitrary and unconsulted decisions by the Colombian State.

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"Last year [2023] was very significant”, affirms Edith Taborda, the governor of the Embera Karambá Parciality. During 2023, Edith participated in a space for dialogue with the Colombian government called “Gobierno Escucha”.

In this space, she shared with President Gustavo Petro the community’s demands related to the lack of guarantees for free, prior and informed consultation by mining companies and the constant threats against her and the community.

Following this, one of the most outstanding achievements for the Embera Karambá and for Amar Es Más took place. “With the legal support of Amar Es Más, the Resolution [No. 34 of November 1, 2023 by the Dirección de la Autoridad Nacional de Consulta Previa] was turned favourable to us as a community”, says Edith.

This means that the process of Free, Prior and Informed Consent (FPIC) with respect to the Miraflores mining project was reopened.

Indigenous guard from the mountains of Miraflores, Colombia. Photo: Sandra Bejarano Aguirre / Tierra de resistentes. Edith Taborda in dialogue with Colombian President Gustavo Petro. Second photo: Image from the recording of the event

Even though the community and its leaders have received continuous threats as a consequence of their work, this struggle has strengthened them collectively and individually.

"I have strengthened myself as governor to make my territory and my people stronger. We have established mandates, and these mandates have become the law and are a path for the next generations.” Edith Taborda, local community authority of the Embera Karambá

Environmental Human Rights Defenders at risk

Fighting for environmental rights can be very dangerous work as shown above. Several of the NHRF grantee partners working for environmental and indigenous rights face serious safety risks and therefore have to be anonymised here.

There is a growing threat for local communities as global negotiations on climate change mitigation targets have increased the demand for critical minerals. Many countries in the Global South are compromising on environmental and human rights protection facing this demand. This is putting communities, particularly women, at higher risk of losing their ecosystems and biodiversity resources which are the primary sources of their food security, livelihood, and spirituality.

For example, in India, while fossil fuels are now being auctioned with several mineral concessions to private entities, indigenous communities protecting these resources are facing intimidation from the mining industry and state authorities. Forest lands are being diverted for new mining licenses as well as for plantations and deforestation programmes financed by governments in the Global North and international financial institutions, causing further distress and risks to communities. These plantations are replacing community conservation knowledge practices and land rights, causing more harm to these ecosystems than restorative solutions. Gender and social safeguarding policies of these climate action funds offer little relief or protection to affected communities who are threatened by evictions and constitutional violations.

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In Thailand, an NHRF grantee partner advocates against the implementation of a mineral management plan that allows for extractive mining in regions which would strip away the livelihood of local communities.

The grantee partner has increased security measures of the human rights defenders, improved legal competence, and established supportive networks and emergency protocols.

Leftover residue from a stone mining company which was closed after a 29-year long movement by a rural community led primarily by women against the land and environmental impacts of the mine. Photo: NHRF.

This organisation also recognises the disproportionate harm towards women in the extractive mining process and works to include women in decision-making processes and redefine roles in local communities. Through collaborating with women human rights defenders, the aim is to promote alternative solutions for development that respect the environmental rights and allow for livelihood security of all members of the community.

Different strategies can lead to more protection of the environment and the communities

Although there are different challenges for each grantee partner due to geographical differences and local policies and laws, all the organisations work on securing the rights of marginalised communities – which in these cases are threatened by the mining industry. The grantee partners work on legal training, documentation, awareness- raising, and empowering the local communities to take action on their rights, among others.

We highlight the importance of the work of these organisations because it is crucial to the realisation of environmental and land rights. Despite the challenges, our grantee partners have been able to continue demanding the realisation of the rights of local communities whether it is their participation in decision-making, halting extractive mineral projects or accessing legal institutions, and much more.

What is the right to Free, Prior and Informed Consent (FPIC)?

The Free, Prior and Informed Consent (FPIC) is a fundamental right recognised through many national Constitutions around the world and regulated by Convention 169 of the International Labour Organization (ILO). It aims to guarantee the effective participation of communities in decisions that affect their rights and territories, protecting their cultural identity and autonomy. This right applies to indigenous communities, Afro-descendants, and other ethnic groups when projects or legislative measures may affect their territories, cultures, ways of life, or rights.