This month Bolivia passed the world’s first ruling that grants all nature equal rights to humans. The “Law of Mother Earth,” agreed by politicians and grassroots social groups, redefines the South American nation’s mineral deposits as “blessings” and is supposed to lead to radical new conservation and social measures to reduce pollution and control industry.
One of the sectors to be largely affected is mining, which not only is Bolivia’s second biggest industry, but it injects $500 million a year into the economy. This represents nearly one third of the country’s foreign currency.
The new law —passed on Oct. 15—protects the right of nature “to not be affected by mega-infrastructure and development projects that affect the balance of ecosystems and the local inhabitant communities”.
So what will all these mean for mining companies operating or with projects in the Andean nation?
According to Matatea Changuy and Sophie Beier, from Pulsamérica.co.uk, the first obvious implication is that Evo Morales’ government is now legally bound to prioritize the wellbeing of its citizens and the environment. Thus, measures compromising mining activities in the country may be take in any moment alleging compliance with the new regulations outlined in the Mother Earth’s law.
While Changuy and Beir consider the law ground-breaking, as “offers some provocative, revolutionary re-conceptualization of the interdependence between Humans and Nature, and the role of the State herein,” they also warn it lacks of clear indications on how all the concepts will actually be put in place:
In other words, such a complex and novel legal persona needs more than its inscription into the law: it needs a plan, a concept of how to reform the law from an ecological perspective. And how to do so, without creating more conflict.
Bolivia, often ridiculed by the USA and Britain in the United Nations climate talks for demanding steep carbon emission cuts, has established 11 new rights for nature. They include: the right to life and to exist; the right to continue vital cycles and processes free from human alteration; the right to pure water and clean air; the right to balance; the right not to be polluted; and the right to not have cellular structure modified or genetically altered.
It draws on the Andean philosophy that views the Pachamama (meaning Mother Earth in native language) as a living being and sacred home.
Evo Morales, South America’s first indigenous President, has become an outspoken critic in the UN of industrialized countries. He has also become notorious for raising mining taxes and nationalizing the country’s key natural gas industry as well as the telecommunications and electricity sectors, since taking power in 2006.
Earlier this year, Bolivia took over assets from Spain’s Red Eléctrica Corp. (REE) and Pan American Energy LLC.
And in July, Morales seized and nationalized the assets of Vancouver-based South American Silver Corp. (TSX:SAC), accusing the miner of causing a conflict that saw violence erupt among communities around the silver-indium-gallium project it was developing there.
Though rich in mineral and energy resources, data from the Unicef shows that Bolivia is one of the poorest countries in Latin America and the weakest economy in all of South America.
Read more on Bolivia’s decision to allow foreign companies access >>
And more on why governments taking over mines has become every company’s worst nightmare >> >>
Image: Bolivian child rests on a donkey after long journey. Courtesy of Peace Corps.
10 Comments
SIlver bull
The article headline is somewhat misleading.
I personally find it disrtubing that the environment has the same rights as people do, but it has everything to do with what they believe: Pachamama – Quechua for “Mother God Earth”. So if the earth is God, then this law I guess makes a little more sense, although the implication is somewhat dubious from my perspective.
Honestly I dont understand what foreign companies might need to be protected from….Reading between the lines, its simply an environmental law that means the communities get have more say in what happens from a project development point of view. There is no other way to practically apply this law, because it is not in contrast to current environmental legislation. It does mean we cannot go out the building monster mining projects overnight without picking up local objections. It is easier to execute on a smaller project anyway and then grow it to full capacity in time so that locals can adapt to the changes without the same anxiety a large one produces. Remember the folks lead simple lives and a new mine means big changes.
Bolivians are people who have a predominantly rural background and who are not driven by greed or money as much as we are. They want their llamas to be healthy and their water to remain pure. I think thats quite admirable and refreshing in a way. So in line with the whole Pachamama thing, instead of a department of environment, we have a Department of Mother Earth (Dpt. de Madre Tierra), quite literally. To me it is just a name, but the culture shock suggests we should be careful to act on any preconceptions we may have, incase we offend.
Companies that choose to embrace the traditions and the culture, and to remain humble. Intersting that it works very well for Some Sumitomo, Couer d’Alene And Apogee Silver to name a few but not for others. I think this is also what differentiates
those companies who are able to operate successfully in Bolivia and those who
are not. The locals are sensitive to our thoughts which are manifested in
our often canned, western reactions and actions, and if it is percieved that our
motives are in opposition line to their culture and tradition, things quickly go
awry as we have seen with some companies that have ultimately lost their assets
in some cases.
Mario Mamani
The generalizations about Bolivians smack of patronizing gringos. Some Bolivians are as greedy as North Americans or more, some are less, but to pretend they are essentially different goes a tad too far. What is different is the respect for other people’s opinions and political rights under MAS. This law is not going to attract foreign investment. By doing so is condemning the poorest people in the Americas to stay poor and unemployed.
MINING.com Editors
The fact this law provides the environment the same rights we humans are supposed to have doesn’t worry me at all. On the contrary, I think the concept is quite advance for our times, however I question the ulterior motives behind the policy and the way it will be implemented in the end.
Silver Bull
Quote: “And in July, Morales seized and nationalized the assets of Vancouver-based South American Silver Corp. (TSX:SAC), accusing the miner of causing a conflict that saw violence erupt among communities around the silver-indium-gallium project it was developing there.”
Cecilia – Isnt that exactly what happened? People died in the demonstrations, so it must have been pretty serious, and it did not happen all by itself.
The two communities that did not agree (out of the 45 that did) to SAC drilling on the property actually happened to be the ones who lived on the deposit. When drilling started against their wishes in Feb 2012 what made SAC think they would get away with it? You cannot drill without 1st nations communities approval in Canada, why should anyone think it be any different just because it is in Bolivia?
As for the “illegal miners” story that was sung, I dont buy it either – Bolivia is filled with ” informal miners” and foreign companies who know what they are doing get these people involved in the development plans, rather than trying to muscle them out. So it is hardly surprising that after 3 months of the company continuing their attempts to commence drilling regardless of what was happening around them, that something as dramatic as nationalisation was bound to happen. After all this is Bolivia and we had been reading about it in the local papers and blogs for months and months before it came to be.
Our question really should be asked is Why did SAC not get proactive from the beginning and dialogue with the people in question until a proper resolution was reached?
Luis Francisco Valle Velasco
To find a translation to English of the New Constitution; the Law Against Racism and any Form of Discrimination; and the Law Against Corruption, Illicit Enrichment and Investigation of Fortunes “Marcelo Quiroga Santa Cruz”, of the Plurinational State of Bolivia, follow this link https://www.createspace.com/3978642. This publication presents the three fundamental laws that hold together the Government policy of Evo Morales.
drift123
It Is getting harder and harder to find countries that aren’t just complete
nut job/basket case type places to invest in.
I stopped investing in Africa and as soon as PAAS reaches a decent price I am going to unload it so the INsane Argentinians can tax and tax and confiscate all they way want and I will not lose any sleep.
Mexico has had a few strikes so I might just end up with money in Canada And the Good ole’ U.S.A.
aziago
Long live Evo Morales! Forward Bolivia!
USDiz
While they honor Pachamama with laws, earth holidays, tatoos and toothless grins, it will be to the western cultures that they turn for increasing handouts. Sounds like San Francisco.
wolfgang Leander
It’s easy to claim spearheading the lofty concept of respecting and protecting “Mother Earth” while at the same time not enforcing the most basic environmental rules: keeping the cities and streets clean. Come to Cochabamba which was once called, rightfully, the ‘Garden City” – today many parts of the city, including some middle class neighborhoods, are a disgusting dump.
CT
All the mining over the total history of Bolivia hasn’t caused 1/1,000,000th the pollution of one volcanic eruption. Try regulating that !