Colombia's Constitutional Court on Feb. 28 ruled that "prior consultation" with local Afro-descendent and indigenous communities must be carried out before an open-pit gold mine project can move ahead at Villonza, Marmato municipality, Caldas department. The ruling made reference to the indigenous community of Cartama and the Afro-Colombian community of Asojomar, both of which are largely sustained by small-scale artisanal mininng. Under a 2007 concession, Canada-based Gran Colombia Gold Corporation was to acquire these informal claims. In 2011, Father José Reinel Restrepo, the local parish priest, was murdered after returning from Bogotá, where he had registered his objection to the project with officials. Gran Colombia Gold is meanwhile is demanding Colombia pay $700 million under terms of the Canadian free trade agreement for failure to evict the artisanal miners. (TeleSur, Radio Caracol, March 2; El Tiempo, Feb. 28; Radio Caracol, Feb. 25)
An international arbitration body, having ruled for Peru in a case brought by a US mineral interest under terms of the Free Trade Agreement, is now denying Lima recovery of its legal costs. New York-based Renco Group Inc brought the case before the UN Commission on International Trade Law (UNCITRAL) in 2011, charging Lima with violating investment protection provisions of the FTA, formally known as the US-Peru Trade Promotion Agreement. At issue was Lima's demand that Renco's affiliate Doe Run Peru clean up decades of toxic pollution linked to lead and zinc smelting at its facilty in La Oroya, which Renco said forced the subsidiary into bankruptcy. Renco sought $800 million in compensation. UNCITRAL turned down Renco's claim on jurisdictional grounds in July 2016, but subsequently decided to waive its usual "loser pays" principle, forcing Peru to pay half the legal costs in the case, some $3.8 million. UNCITRAL cited Peru's delay in raising its objections to the tribunal's jurisdiction. Renco says it will file the case again "in a manner that cures the technical legal defect that was the basis for the dismissal." Peru's new President Pedro Pablo Kuczynski has pledged to re-open the idled Oroya complex, and says its auction to new owners willing to address its financial and environmental problems will take place in March. (Lexology, Jan. 24; Gestión, Jan. 12; Law360, Nov. 14; Bloomberg, July 18; VOA, July 6)
President Trump on Jan. 24 signed orders giving the go-ahead for construction of the controversial Keystone XL and Dakota Access oil pipelines, which had been halted by the Obama administration. Obama's State Department rejected a permit for the Keystone XL pipeline, and the Army Corps of Engineers had ordered work halted on the Dakota pipeline after weeks of protests by Native American groups and their activist allies. In a signing statement, Trump said the Keystone XL project will mean "a lot of jobs, 28,000 construction jobs, great construction jobs." In its own statement, TransCanada, the company seeking to build Keystone XL, said it "appreciate[s] the President of the United States inviting us to re-apply for KXL. We are currently preparing the application and intend to do so."
Several states across Mexico have been shaken by days of angry protests in response to a jump in the price of gasoline sparked by a new deregulation policy. Protests, road blockades and civil strikes are reported from 12 states since the new policy was instated Jan. 1. Looting was reported in Hidalgo, Veracruz and México states, with over 350 stores sacked. Several federal police agents were briefly taken hostage by protesters when they tried to break up a roadblock in Ixmiquilpan, Hidalgo. Two protesters were killed in the Ixmiquilpan clash, while one Federal District police officer is reported dead in rioting on the outskirts of Mexico City. Police also fired in the air to scatter protesters in Ecatepec, México. Nearly 900 have been detained nationwide. (Sol de Mexico, Jan. 6; Animal Politico, Jan. 5; Apro, Jan. 4)
During the Asia-Pacific Cooperation Forum (APEC) summit in Lima, protesters took to the streets to oppose the US-led Trans-Pacific Partnership trade deal—just as it appears to be on the rocks with the election of Donald Trump. But as the summit closed, China's President Xi Jinping and his Peruvian counterpart Pedro Pablo Kuczynski signed a series of bilateral agreements to advance "free trade" between the two countries and cooperation in the mineral and resource sectors. Xi especially plugged the Chinese-backed mega-project to build a transcontinental railway through the Amazon basin, and praised Peru for its ground-breaking 2010 free trade agreement with China. "Peru was the first Latin American country to sign a comprehensive free trade agreement with China. It's leading the region on cooperation with China," Xi said through an interpreter in a speech before Peru's Congress.
This is very telling. While Kremlin mouthpiece RT is now bashing the anti-Trump protesters in the US, China Daily is gushing with enthusiasm for them. At first, this seems a little counter-intuitive. In some obvious ways, Trump's victory is good news for Beijing. Trump says he will pull the US out of the Trans-Pacific Partnership trade deal on his first day in the White House. (BBC News) On the campaign trail, he blasted the TPP as "a disaster done and pushed by special interests who want to rape our country." (ChinaWorker) Beijing views the TPP as a bid for US dominance in the Asia-Pacific region, and a reaction to China's territorial ambitions and superpower aspirations. Just as the US-backed TPP excludes China, Beijing is pushing a rival Pacific Rim trade initiative, the Regional Comprehensive Economic Partnership (RCEP), that excludes the United States. After the US election results, China's Commerce Ministry announced a new push to conclude negotiations on the RCEP. (Reuters)
Following a trial lasting seven years and four months, a court in Peru's Amazonas region on Sept. 22 absolved 52 indigenous leaders in charges related to the 2009 Bagua massacre. Initially, charges were brought against 53, but one defendant died over the course of the proceedings. The Penal Chamber of Bagua district found insufficient evidence that the accused indigenous protesters had handled firearms at the scene of the massace, in which at least 32 lost their lives. The defendants faced charges in the deaths of 12 police officers at the scene. The violence began when National Police troops attacked protesters blocking the road at Devil's Curve on June 5, 2009—yet no police officer or commander has served time for the massacre. The incident came amid indigenous protests over changes to Peru's land tenture system pushed through in preparation for the Free Trade Agreement with Washington and aimed at opening the rainforest to oil exploitation.
China's Foreign Ministry called on Kyrgyzstan to take urgent measures to ensure the safety of Chinese nationals and institutions following a deadly blast at Beijing's embassy in Bishkek, capital of the Central Asian naiton. China says it will assist Kyrgyzstan in the investigation into the Aug. 30 suicide car-bomb blast that killed the driver and injured three embassy employees. No group has yet claimed responsibility for the attack, but suspicion has fallen on the Turkestan Islamic Party, a Uigur separatist organization formerly known as the East Turkestan Islamic Movement. China has growing economic interests in Kyrgyzstan under the "Silk Road" initiative, land route of the "One Belt, One Road" trade and infrastructure scheme which also includes a maritime leg through the Indian Ocean. (SCMP, Sept. 1; RFE/RL, Aug. 31; Nikkei Asian Review, The Standard, Hong Kong, Aug. 30)