The Supreme Court in Panama orders immediate suspension of Cerro Chorcha Mining Concession – sighting a long list of illegal and unethical activity surrounding the granting of the concession and activity of the mining companies within the indigenous Ngöbe-Bugle Comarca and environmentally protected areas.
The following is an English translation of an article from January 7, 2009 by Yuriel Sagel PA-DIGITAL:
According to the decision of the Supreme Court of Justice, the company Cuprum Resources Corp. did not have an Environmental Impact Assessment (EIA).
Mining exploration in Panama is under the scrutiny of environmental groups.
The suspension of mining activity in five areas of the province of Chiriquí, was ordered by the Third Chamber of the Supreme Court, after considering ecological and social damage in the region.
The ruling, under the Judge Victor Benavides, suspends the effects of contract No. 006, February 16, 2006, between the Ministry of Commerce and Industry and Cuprum Resources Corp. for the exploitation of metallic ores (copper, gold, others).
The activity covered five areas corresponding to the Ngobe Bugle Comarca, in Emplanada of Chorcha, Soloy and Boca de Balsa in the District of Besiko and Guariviara in the District of Kankintú.
The decision of the Court is based on the absence of citizen participation, possible environmental damage the population may suffer or is suffering and the nonexistence of an Environmental Impact Assessment (EIA) approved by the National Environmental Authority (ANAM) authorizing the execution of the contract.
According to the ruling, any mining activity that takes place without complying with current legislation undermines the ecological values of the country and can cause serious effects, and even with irreversible damage.
The judicial authority performs the duty of the state for all the inhabitants of the nation, to foster social and economic development without violating the ecological balance and protecting indigenous peoples.
Eliseo Vargas, an indigenous leader said that the suspension of this project shoes an awakening of the government agencies, especially when it comes from the highest court of justice in the country. He maintained that the struggle of indigenous peoples has no color or political factions, but seeks to assert their rights over the territory and right to protect it.
The National Environmental Authority rejected last year the Environmental Impact Study, arguing that it was in protected areas and indigenous territory.
Moreover, inconsistent reporting of information did not establish what the management and disposal of wastewater would be, or the process to remedy spills.
The Allience for Conservation and Development reported that these issues have not prevented the mining companies involved from exploration in the area.
(NOTE: Although Cuprum recieved the concession in 2006, the US public company Dominion Minerals was the sole owner of the concession at the time of the Supreme Courts ruling)
