Gran Colombia Gold and its “free trade” investor-state challenge relating to the communities of Marmato and Segovia
Photo: José Reinel Restrepo, an opponent of the Gran Colombia Gold mine in Marmato, was killed on September 2, 2011.
Toronto-based Gran Colombia Gold has mining assets in Colombia, including Marmato and Segovia, both of which have faced community opposition.
El Burro site, Marmato in Caldas
In the case of Marmato, Gran Colombia’s plan to flatten a mountain and create an open pit mine was met with resistance from artisanal miners who say this plan would destroy their livelihoods and the surrounding environment.
In September 2011, the José Alvear Restrepo Lawyers’ Collective (CCAJAR) condemned the murder of Father José Reinel Restrepo, a vocal opponent of the mine.
Father Javier Giraldo, the founder of the Inter-Church Commission for Justice and Peace, has stated he believes Father Restrepo was murdered by paramilitary groups “secretly co-opted by the armed forces and by the government security agencies” who “do not hesitate to murder the leaders of this resistance.”
Days after Father Restrepo’s murder, MiningWatch Canada sent this open letter to the Canadian Embassy in Bogotá, expressing concern that Canadian mining companies “may well be aggravating or benefiting from violence.”
Gran Colombia provides the latest update on its Marmato Project here.
Segovia, Remedios in Antioquia
In September 2016, Portafolio reported that 15,000 miners participated in a strike “where many of them have prevented entry to the tunnels that are part of the mining system of the multinational in the municipalities of Segovia and Remedios.”
At that time, Gran Colombia said: “The strike has caused a violation of the right to work.”
And between July 21 and September 1, 2017, the towns of Segovia and Remedios were on strike against Gran Colombia and government decrees to curb “illegal” mining that artisanal miners said blocked them from working independently.
Gran Colombia reports on its Segovia Operations here.
Canada-Colombia Free Trade Agreement
In April 2017, Gran Colombia filed a USD $700 million lawsuit against Colombia under the Canada-Colombia Free Trade Agreement.
At that time, the Financial Post reported: “Gran Colombia’s suit alleges that the local government failed to evict illegal miners from their sites of operations in Marmato and Segovia, and didn’t stop the Marxist armed guerrilla group, the ELN, from interfering with their efforts to extract gold in the province of Antioquia.”
It adds: “The company also says the state failed to maintain public order by preventing strikes and riots which have resulted in damage to property. It claims that it has already had to halt operations several times due to the failures of local governments to comply with their legal responsibilities.”
Specifics of the claim
Jus Mundi has noted: “The Claimant alleges that Colombia has breached its obligations under (i) Article 811 of the Treaty by means of the indirect expropriation of its investments; (ii) Article 805 of the Treaty and customary international law concerning the standard of full protection and security; and (iii) Article 805 of the Treaty concerning the fair and equitable treatment standard.”
It adds: “The Claimant submits an ancillary claim under ICSID Arbitration Rule 40, alleging that Colombia has breached Article 814(2) of the FTA by means of its unfounded denial of benefits to GCG [Gran Colombia Gold].”
Updates
Last month, CIAR Global reported: “The miners of the Mutual Association of Miners El Cogote, together with the Mining Tables of the Northeast Antioquia Subregion and Segovia Remedios, were accepted as a non-disputing party in the investment arbitration.”
Last week, PBI-Colombia accompanied the Humanitarian Action Corporation for Coexistence and Peace in Northeast Antioquia (CAHUCOPANA) as it met with United Nations and Organization of American States officials.
PBI-Colombia has previously highlighted that may of the people CAHUCOPANA works with are involved in small-scale artisanal gold mining who are concerned by large-scale commercial mining projects backed by national governments.
We continue to follow this situation.
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