a lack of prior consultation with indigenous peoples in relation to its drafting. The mandatory prior
consultation requirement under ILO Convention 169 has not been complied with in the issuance of
mining concessions covering indigenous territories. The legal step of requesting their annulment
on these grounds is still outstanding due to the potential risk to the lives of those pursuing such
an action. In communities where indigenous peoples are strong, companies have been unable to
enter without their consent. The lack of prior consultations with the impacted peoples and denial
of their decision-making rights is however resulting in escalating levels of conflict. It has been
accompanied by the widespread deployment of paramilitary groups, killings of and threats to the
lives of indigenous leaders. In this regard Colombia is a clear example the impacts which the pursuit
of a non-consensual based model of mining can have in the context of fragile States affected by
armed conflict.
The Resguardo communities became aware that mining concessions had been granted in their
territories following helicopter exploration flyovers conducted by Canadian junior Colombian
Gold Field, without the consultation or consent of Resguardo authorities. Two years ago, alleged
representatives of Canadian company Medoro Resources (now merged with Gran Colombia Gold)
entered the Resguardo territory and attempted to take some samples, but were detained by the
Resguardo’s indigenous guard and did not return. On further investigation of the status of mining
concessions in their territories the Resguardo communities discovered that all of their territory
was effectively covered by mining applications, with 48 concessions already issued, one of which
belonged to Anglo Gold Ashanti. Anglo Gold Ashanti have subsequent committed to obtaining the
communities’ consent prior to commencing any operations and suggested that they should ensure
their territories are registered on the government official geological maps.
The Resguardo’s Indigenous guard – here seen learning about the Resguardo’s mining processes -- holds
the special responsibility of patrolling the territory and ensuring that the Resguardo’s consent protocol is
enforced. Photo: Viviane Weitzner.
Making Free, Prior and Informed Consent a Reality
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