Silent Justice Amid Illegal Mining | Justicia muda frente a la minería ilegal

By Jimena Mercado, Erbol:

Illegal mining in Madre de Dios: Agro-Environmental Tribunal remains silent four months after preventive action

The Center for Legal Studies and Social Research (CEJIS), through its director Miguel Vargas, expresses concern over the Agro-Environmental Tribunal’s failure to rule on the direct preventive environmental action filed four months ago by the Multiethnic Indigenous Territory (TIM II) against illegal gold mining in the Madre de Dios River. He also denounces that the Administrative Mining Jurisdictional Authority (AJAM) continues promoting new exploitation areas.

“We are worried because the preventive environmental action was transferred from the El Sena Court to the Agro-Environmental Tribunal in Sucre. The judge argued that, since mining is an issue with impacts beyond local jurisdiction, it should be handled at the national level (…). At first, we saw this as significant progress. However, four months later we are concerned that the Tribunal still hasn’t issued a statement,” he tells ANA.

Vargas explains that the Tribunal has shown willingness to develop jurisprudential lines and precedents in favor of nature in previous cases. However, he acknowledges CEJIS’s concern—having supported the lawsuit—because four months after filing, the Tribunal has not yet ruled on admitting the case.

“This places TIM II communities in a situation of defenselessness and vulnerability,” warns the CEJIS executive.

Vargas notes he is aware that the president of the Agro-Environmental Tribunal and some magistrates will visit TIM II between December 7 and 8, during judicial recess. “We don’t know whether this visit will have an effect on the process itself, since it will take place during recess, but it will be an opportunity for authorities to understand the problem,” he explains.

He recalls that the preventive action, filed during the final stage of Luis Arce’s (MAS) administration, presented technically and legally solid evidence of socio-environmental impacts on the Madre de Dios River due to the discharge of heavy metals, oils, suspended solids, deforestation, and more.

“Reports regarding illegal mining activity on the Madre de Dios are increasingly serious, because these mining operations are becoming more consolidated (…). In the face of this, there is inaction from State institutions, and this strengthens the miners’ position—who, given the absence of the State, deepen and normalize situations that are completely illegal,” he explains.

He adds that if illegal gold mining currently exists in the Madre de Dios River, it means it is operating under the shelter of State institutions which, through inaction or omission in fulfilling their duties, are allowing this illegality to solidify.

He refers to recent statements by the president of the Asobal R.L. Gold Mining Cooperative, Corcino Cerezo, who admitted that members sometimes leave their authorized mining areas to extract “drift gold.” He says this reflects how illegality in gold operations in Madre de Dios has become normalized.

“We are always moving from one area to another; sometimes we are outside the (authorized) area. No one denies that people leave their mining area; you leave because of natural conditions or production (…). If Bolivians don’t take advantage of this—drift gold that comes from Peru—it will go to Brazil,” the mining leader told ANA.

AJAM promotes new mining areas

In addition to the delay in admitting the preventive environmental action, Miguel Vargas denounces that the Administrative Mining Jurisdictional Authority (AJAM) has requested a meeting with TIM II leadership, as a consultation subject, to verify whether the mining areas being considered for authorization overlap with indigenous territory.

“TIM II responded rejecting this consultation process, stating that it is unnecessary to enter the territory to verify in the field whether areas overlap, when AJAM has all the information and can technically determine the overlap. Therefore, there is no need to go in,” he says.

He argues that the integrity of indigenous territory should be protected and that further mining operations should not be encouraged, especially when a legal resolution to the filed action is pending.

Preventive environmental action

Indigenous leaders from TIM II, after filing the legal action against illegal mining in the Madre de Dios River. File photo: J. Mercado / ANA

The direct preventive environmental action against illegal gold mining covers 184 kilometers of the Madre de Dios River.

The lawsuit is a legitimate collective legal action backed by various communities, assemblies, and organizations, presented on the basis of proven facts, technical studies, territorial monitoring, and national and international laws. Its goal is to stop the damage that mining is causing to the Madre de Dios River and to our lives as Indigenous peoples.

In the legal action, the Madre de Dios River is considered a subject of rights—an essential source of life for the Multiethnic Indigenous Territory II. It crosses much of the territory and is vital for several communities.

For the Tacana, Cavineño, and Ese Ejja peoples, the river is not just a resource: it is a living being that forms part of their identity and ancestral territory. Therefore, its destruction also represents a direct threat to their way of life.

It has been established that along the 184-kilometer river stretch, there are ten areas with Special Temporary Authorizations (ATEs) where activities should be legally conducted. However, Indigenous socio-environmental monitoring shows that operations are not being carried out within the authorized areas.

At the same time, since last year AJAM has restricted any type of information on ATEs, prospecting projects, and more, limiting access for Indigenous organizations and shifting to Indigenous communities themselves the obligation to provide exact coordinates for their requests—in other words, requiring them to carry out precise georeferencing.

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