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	<title>London Mining Network &#187; legal cases</title>
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	<link>http://londonminingnetwork.org</link>
	<description>Holding the mining industry to account</description>
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		<title>Forest Ministry free to say ‘no&#8217; to Vedanta</title>
		<link>http://londonminingnetwork.org/2010/07/forest-ministry-free-to-say-%e2%80%98no-to-vedanta/</link>
		<comments>http://londonminingnetwork.org/2010/07/forest-ministry-free-to-say-%e2%80%98no-to-vedanta/#comments</comments>
		<pubDate>Fri, 23 Jul 2010 09:16:54 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[alumina]]></category>
		<category><![CDATA[aluminium]]></category>
		<category><![CDATA[bauxite]]></category>
		<category><![CDATA[India]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Niyamgiri]]></category>
		<category><![CDATA[Orissa]]></category>
		<category><![CDATA[Vedanta]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2261</guid>
		<description><![CDATA[The Attorney-General of India has given the government a free rein to refuse forest clearance for Vedanta Aluminium&#8217;s bauxite mining proposal in the Niyamgiri Hills of Orissa. The project has been put on hold, while a committee led by NAC member N.C. Saxena examines how it would impact the life, livelihood and culture of Dongria [...]]]></description>
			<content:encoded><![CDATA[<p>The Attorney-General of India has given the government a free rein to refuse forest clearance for Vedanta Aluminium&#8217;s bauxite mining proposal in the Niyamgiri Hills of Orissa.</p>
<p>The project has been put on hold, while a committee led by NAC member N.C. Saxena examines how it would impact the life, livelihood and culture of Dongria Kondhs, a notified tribal community living in the region, as well as a possible impact on biodiversity and wildlife. Forest Conservation Act clearances for diversion of 660 hectares of land have not been granted to Vedanta and its partner, the Orissa Mining Corporation.</p>
<p>See <a href="http://www.thehindu.com/news/national/article528834.ece">http://www.thehindu.com/news/national/article528834.ece</a>.</p>
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		</item>
		<item>
		<title>US appeals court rejects De Beers&#8217; $272.5m class action settlement</title>
		<link>http://londonminingnetwork.org/2010/07/us-appeals-court-rejects-de-beers-272-5m-class-action-settlement/</link>
		<comments>http://londonminingnetwork.org/2010/07/us-appeals-court-rejects-de-beers-272-5m-class-action-settlement/#comments</comments>
		<pubDate>Wed, 21 Jul 2010 14:28:08 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Anglo American]]></category>
		<category><![CDATA[De Beers]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[USA]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2209</guid>
		<description><![CDATA[A U.S. appeals court has rejected a $272.5 million class-action settlement between De Beers and purchasers of the company&#8217;s diamonds who said they were harmed by the company&#8217;s antitrust behaviour. The appeals court sent the settlement back to a lower court for further consideration and to clarify which claims are subject to the treatment as [...]]]></description>
			<content:encoded><![CDATA[<p>A U.S. appeals court has rejected a $272.5 million class-action settlement between De Beers and purchasers of the company&#8217;s diamonds who said they were harmed by the company&#8217;s antitrust behaviour. The appeals court sent the settlement back to a lower court for further consideration and to clarify which claims are subject to the treatment as a class, or group of plaintiffs who are allowed to sue the company collectively.</p>
<p>De Beers, the world&#8217;s top diamond producer, which is 45 percent owned by <strong>Anglo American</strong>, reached an agreement in 2005 to establish a $272.5 million fund for indirect purchasers of its diamonds. The settlement came after the company pleaded guilty in 2004 to a decade-old price-fixing charge, allowing it to compete directly in the United States. The class-action settlement was certified by a U.S. District Court in New Jersey but 34 of the indirect purchasers objected to the deal. The indirect purchasers include retailers, consumers and some middlemen.</p>
<p>See <a href="http://www.mineweb.com/mineweb/view/mineweb/en/page504?oid=107929&amp;sn=Detail&amp;pid=92730">http://www.mineweb.com/mineweb/view/mineweb/en/page504?oid=107929&amp;sn=Detail&amp;pid=92730</a>.</p>
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		<item>
		<title>Guatemala says to suspend Goldcorp&#8217;s Marlin mine</title>
		<link>http://londonminingnetwork.org/2010/06/guatemala-says-to-suspend-goldcorps-marlin-mine/</link>
		<comments>http://londonminingnetwork.org/2010/06/guatemala-says-to-suspend-goldcorps-marlin-mine/#comments</comments>
		<pubDate>Sat, 26 Jun 2010 08:57:57 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[AXA]]></category>
		<category><![CDATA[Blackrock]]></category>
		<category><![CDATA[Canada]]></category>
		<category><![CDATA[Catholic Church]]></category>
		<category><![CDATA[City Natural Resources]]></category>
		<category><![CDATA[Goldcorp]]></category>
		<category><![CDATA[Guatemala]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2144</guid>
		<description><![CDATA[The Guatemalan government said it would suspend operations at Goldcorp Inc&#8217;s Marlin mine due to allegations the facility was contaminating water supplies. The government said in a statement it would act to comply with the complaint lodged on behalf of communities near the mine by the Inter-American Commission for Human Rights, known by its Spanish [...]]]></description>
			<content:encoded><![CDATA[<p>The Guatemalan government said it would suspend operations at Goldcorp Inc&#8217;s Marlin mine due to allegations the facility was contaminating water supplies. The government said in a statement it would act to comply with the complaint lodged on behalf of communities near the mine by the Inter-American Commission for Human Rights, known by its Spanish acronym CIDH.</p>
<p>See <a href="http://af.reuters.com/article/metalsNews/idAFN2325995720100624">http://af.reuters.com/article/metalsNews/idAFN2325995720100624</a>.</p>
<p>Goldcorp is a Canadian company but among its major investors are British-based AXA Investment Managers UK Ltd (US$4.3 million), Blackrock Commodities Income Trust plc, and City Natural Resources High Yield Trust PLC, according to the document <em><strong>From Money to Metals</strong></em> (<a href="http://moneytometal.org/index.php/From_Money_to_Metals">http://moneytometal.org/index.php/From_Money_to_Metals</a>) by mining researcher Roger Moody.)</p>
<p>See also:</p>
<p><strong>Nobel prizewinner and Catholic Church call for closing a gold mine in Guatemala</strong></p>
<p>Rigoberta Menchú, Guatemalan peace activist and Nobel Peace Prize winner in 1992, and Bishop Alvaro Leonel Ramazzini Imeri, Bishop of San Marcos in the highlands of Guatemala, have asked President Alvaro Colom to close a gold mine, the Mina Marlin mine, in keeping with a decree issued by the Inter-American Commission of Human Rights (CIDH).</p>
<p><a href="http://www.speroforum.com/a/35139/Nobel-prizewinner-and-Catholic-Church-call-for-closing-a-gold-mine-in-Guatemala">http://www.speroforum.com/a/35139/Nobel-prizewinner-and-Catholic-Church-call-for-closing-a-gold-mine-in-Guatemala</a></p>
<p><strong>Former Canadian ambassador guilty of slander</strong></p>
<p>Filmmaker accused of falsifying footage of dispute between Guatemalans and Canadian mining company:<br />
<a href="http://www.thestar.com/news/gta/article/824518--former-canadian-ambassador-g">http://www.thestar.com/news/gta/article/824518&#8211;former-canadian-ambassador-g</a></p>
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		<item>
		<title>Rio gets go-ahead for $542M mine; mining opponent convicted of trespass on public land</title>
		<link>http://londonminingnetwork.org/2010/06/rio-gets-go-ahead-for-542m-mine-mining-opponent-convicted-of-trespass-on-public-land/</link>
		<comments>http://londonminingnetwork.org/2010/06/rio-gets-go-ahead-for-542m-mine-mining-opponent-convicted-of-trespass-on-public-land/#comments</comments>
		<pubDate>Sat, 26 Jun 2010 08:47:24 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Copper]]></category>
		<category><![CDATA[Eagle Mine]]></category>
		<category><![CDATA[Indigenous Peoples]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Michigan]]></category>
		<category><![CDATA[Nickel]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[USA]]></category>
		<category><![CDATA[water]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2137</guid>
		<description><![CDATA[According to an article in Mining News (http://www.miningnews.net/StoryView.asp?StoryID=1136802) Rio Tinto will begin construction of the $US469 million ($A542 million) Kennecott Eagle nickel-copper mine in Michigan after receiving environmental approval. A local commentator says: &#8220;I&#8217;ve seen Rio Tinto submit basically the same news release on a number of occasions when they feel a need to overshadow [...]]]></description>
			<content:encoded><![CDATA[<p>According to an article in <em><strong>Mining News</strong></em> (<a href="http://www.miningnews.net/StoryView.asp?StoryID=1136802">http://www.miningnews.net/StoryView.asp?StoryID=1136802</a>) Rio Tinto will begin construction of the $US469 million ($A542 million) Kennecott Eagle nickel-copper mine in Michigan after receiving environmental approval.</p>
<p>A local commentator says:</p>
<p>&#8220;I&#8217;ve seen Rio Tinto submit basically the same news release on a number of occasions when they feel a need to overshadow something else that is occupying the media&#8217;s attention. Recently, Cynthia Pryor was convicted for &#8220;trespassing&#8221; on public land (see <a href="http://miningjournal.net/page/content.detail/id/545328.html?nav=5006">http://miningjournal.net/page/content.detail/id/545328.html?nav=5006</a>). I believe that Rio Tinto didn&#8217;t know which way this case would go and wanted to overshadow it by reiterating their huge investment in the Eagle Mine. The company is nervous to have any sort of legal discussion about the validity of their surface use lease with the State of Michigan. The core of Pryor&#8217;s argument was that she refused to leave because the company doesn&#8217;t have a valid, legal lease. The judge allowed the prosecution to strike that from the case, so Pryor wasn&#8217;t even allowed to argue the reasoning behind her refusing to leave public land that day. The prosecutor, however, was able to use the lease to his own advantage on a number of occasions. The jury was only allowed to consider whether Kennecott asked her to leave, whether they have authority to ask her to leave (oddly she wasn&#8217;t allowed to challenge that authority in court), and whether she refused to leave. The judge made it simple for the jury to convict her. She won all the arguments but lost the case. So, Rio Tinto is trying to avoid scrutiny of their mine plan (still in court) and their land lease, so is trying to steamroll ahead with their economic arguments. They have already bulldozed the entire site, leaving Eagle Rock an island in the middle of a bare wasteland. Once they&#8217;re moving, it&#8217;s difficult to stop them, even with a legal victory. It&#8217;s similar to what they did in Wisconsin two decades ago.&#8221;</p>
<p>For background, see <a href="http://londonminingnetwork.org/2010/04/rio-tinto-opponent-arrested-for-trespassing-on-public-land/">http://londonminingnetwork.org/2010/04/rio-tinto-opponent-arrested-for-trespassing-on-public-land/</a>.</p>
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		<title>Vigil at Rio Tinto Michigan mine site ends with two arrests</title>
		<link>http://londonminingnetwork.org/2010/06/vigil-at-rio-tinto-michigan-mine-site-ends-with-two-arrests/</link>
		<comments>http://londonminingnetwork.org/2010/06/vigil-at-rio-tinto-michigan-mine-site-ends-with-two-arrests/#comments</comments>
		<pubDate>Tue, 01 Jun 2010 11:17:04 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Copper]]></category>
		<category><![CDATA[Indigenous Peoples]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Michigan]]></category>
		<category><![CDATA[Nickel]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[USA]]></category>
		<category><![CDATA[water]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2047</guid>
		<description><![CDATA[For a month, a small group of American Indians and environmental activists occupied an isolated patch of woods in Michigan&#8217;s Upper Peninsula where the world&#8217;s third-largest mining company, Rio Tinto, is preparing to drill for nickel and copper. The protesters vowed to stay put, saying the mine would desecrate sacred ground and pollute waters that [...]]]></description>
			<content:encoded><![CDATA[<p>For a month, a small group of American Indians and environmental activists occupied an isolated patch of woods in Michigan&#8217;s Upper Peninsula where the world&#8217;s third-largest mining company, <strong>Rio Tinto</strong>, is preparing to drill for nickel and copper. The protesters vowed to stay put, saying the mine would desecrate sacred ground and pollute waters that flow into nearby Lake Superior. But their vigil ended Thursday, as police enforced an order by Rio Tinto subsidiary Kennecott Eagle Minerals to clear the area and arrested two people on misdemeanor trespassing charges.</p>
<p>See <a href="http://www.guardian.co.uk/world/feedarticle/9100343">http://www.guardian.co.uk/world/feedarticle/9100343</a>.</p>
<p>For background and more information see <a href="http://standfortheland.com">http://standfortheland.com</a>.</p>
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		<item>
		<title>BHP&#8217;s &#8216;tea money&#8217; missing in Cambodia</title>
		<link>http://londonminingnetwork.org/2010/05/bhps-tea-money-missing-in-cambodia/</link>
		<comments>http://londonminingnetwork.org/2010/05/bhps-tea-money-missing-in-cambodia/#comments</comments>
		<pubDate>Wed, 26 May 2010 13:48:20 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[BHP Billiton]]></category>
		<category><![CDATA[Cambodia]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[USA]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=2009</guid>
		<description><![CDATA[BHP Billiton is being investigated by the US Securities and Exchange Commission (SEC) over violations of anti-graft laws. There was some speculation on the unnamed jurisdiction. It now appears likely to be Cambodia after these Sydney Morning Herald articles discover evidence that money paid for community development never reached those communities. See http://www.minesandcommunities.org/article.php?a=10108.]]></description>
			<content:encoded><![CDATA[<p>BHP Billiton is being investigated by the US Securities and Exchange Commission (SEC) over violations of anti-graft laws. There was some speculation on the unnamed jurisdiction. It now appears likely to be Cambodia after these <em>Sydney Morning Herald</em> articles discover evidence that money paid for community development never reached those communities.</p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10108">http://www.minesandcommunities.org/article.php?a=10108</a>.</p>
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		<item>
		<title>Canadian court strikes out Ecuadorian lawsuit against Canadian mining company and Toronto Stock Exchange</title>
		<link>http://londonminingnetwork.org/2010/05/canadian-court-strikes-out-ecuadorian-lawsuit-against-canadian-mining-company-and-toronto-stock-exchange/</link>
		<comments>http://londonminingnetwork.org/2010/05/canadian-court-strikes-out-ecuadorian-lawsuit-against-canadian-mining-company-and-toronto-stock-exchange/#comments</comments>
		<pubDate>Tue, 18 May 2010 14:02:15 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Canada]]></category>
		<category><![CDATA[Ecuador]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1933</guid>
		<description><![CDATA[An Ontario court struck out a lawsuit brought in Ontario by three Ecuadorian campesinos against a Canadian mining company and its directors, whose security forces they say assaulted them in Ecuador for opposing an open pit mine. The Court also dismissed their lawsuit against the Toronto Stock Exchange, which they say listed the mining company [...]]]></description>
			<content:encoded><![CDATA[<p>An Ontario court struck out a lawsuit brought in Ontario by three Ecuadorian campesinos against a Canadian mining company and its directors, whose security forces they say assaulted them in Ecuador for opposing an open pit mine. The Court also dismissed their lawsuit against the Toronto Stock Exchange, which they say listed the mining company on its stock exchange, after having been warned that the money from the listing would lead to violence. This case may be useful in evaluating possible actions against British-based companies.</p>
<p>See <a href="http://www.canadianbusiness.com/markets/cnw/article.jsp?content=20100507_164503_5_cnw_cnw">http://www.canadianbusiness.com/markets/cnw/article.jsp?content=20100507_164503_5_cnw_cnw</a>.</p>
<p>For background, see <a href="http://www.minesandcommunities.org/article.php?a=9801">http://www.minesandcommunities.org/article.php?a=9801</a> and <a href="http://londonminingnetwork.org/2010/01/legal-cases-which-may-act-as-helpful-examples/">http://londonminingnetwork.org/2010/01/legal-cases-which-may-act-as-helpful-examples/</a>.</p>
<p><strong>Communities in Ecuador intend to appeal against the Canadian court&#8217;s decision. </strong></p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10126">http://www.minesandcommunities.org/article.php?a=10126</a>.</p>
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		<item>
		<title>Mongolian NGOs appeal to UN over Oyu Tolgoi</title>
		<link>http://londonminingnetwork.org/2010/05/mongolian-ngos-appeal-to-un-over-oyu-tolgoi/</link>
		<comments>http://londonminingnetwork.org/2010/05/mongolian-ngos-appeal-to-un-over-oyu-tolgoi/#comments</comments>
		<pubDate>Wed, 05 May 2010 11:13:04 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Gold]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Mongolia]]></category>
		<category><![CDATA[Oyu Tolgoi]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[United Nations]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1908</guid>
		<description><![CDATA[The decision by the government of Mongolia to allow Rio Tinto and Ivanhoe Mines Ltd to develop the Oyu Tolgoi mine has caused civil unrest in the country because of a number of claimed legal irregularities in the agreement (not least the lack of a full Environmental Impact Assessment and a detailed water study). The [...]]]></description>
			<content:encoded><![CDATA[<p>The decision by the government of Mongolia to allow <strong>Rio Tinto</strong> and Ivanhoe Mines Ltd to develop the Oyu Tolgoi mine has caused civil unrest in the country because of a number of claimed legal irregularities in the agreement (not least the lack of a full Environmental Impact Assessment and a detailed water study). The Government proved it is possible to suspend mining licenses, after it did just that to Canadian junior miner Khan Resources. Meanwhile Mongolia is being touted as the &#8216;Kuwait of Central Asia&#8217;. That may refer to the supposed rush to exploit natural resources, or it could be a comparison of their relative governments.</p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10078">http://www.minesandcommunities.org/article.php?a=10078</a>.</p>
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		<item>
		<title>Squeaky &#8211; but far from clean: London Calling on Rio Tinto&#8217;s AGM</title>
		<link>http://londonminingnetwork.org/2010/05/squeaky-but-far-from-clean-london-calling-on-rio-tintos-agm/</link>
		<comments>http://londonminingnetwork.org/2010/05/squeaky-but-far-from-clean-london-calling-on-rio-tintos-agm/#comments</comments>
		<pubDate>Wed, 05 May 2010 11:07:57 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Australia]]></category>
		<category><![CDATA[Borax]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[CFMEU]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[ICEM]]></category>
		<category><![CDATA[ILWU]]></category>
		<category><![CDATA[iron ore]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Namibia]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[steel]]></category>
		<category><![CDATA[USA]]></category>
		<category><![CDATA[USW]]></category>
		<category><![CDATA[workers]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1903</guid>
		<description><![CDATA[London Calling picks over proceedings at Rio Tinto&#8217;s 2010 AGM. See http://www.minesandcommunities.org/article.php?a=10056.]]></description>
			<content:encoded><![CDATA[<p><em><strong>London Calling</strong></em> picks over proceedings at Rio Tinto&#8217;s 2010 AGM.</p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10056">http://www.minesandcommunities.org/article.php?a=10056</a>.</p>
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		<item>
		<title>BHP Billiton hit by bribery allegations</title>
		<link>http://londonminingnetwork.org/2010/05/bhp-billiton-hit-by-bribery-allegations/</link>
		<comments>http://londonminingnetwork.org/2010/05/bhp-billiton-hit-by-bribery-allegations/#comments</comments>
		<pubDate>Wed, 05 May 2010 10:54:43 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[BHP Billiton]]></category>
		<category><![CDATA[Cambodia]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[New Mexico]]></category>
		<category><![CDATA[Philippines]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[USA]]></category>
		<category><![CDATA[water]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1892</guid>
		<description><![CDATA[Following on Rio Tinto&#8217;s problems in China (see http://www.minesandcommunities.org/article.php?a=10056), BHP Billiton is being investigated by the US Securities and Exchange Commission (SEC) over violations of anti-graft laws. At present neither the SEC nor the company are giving much away, even the country where the alleged bribery took place (although both Cambodia and the Philippines are [...]]]></description>
			<content:encoded><![CDATA[<p>Following on Rio Tinto&#8217;s problems in China (see <a href="http://www.minesandcommunities.org/article.php?a=10056">http://www.minesandcommunities.org/article.php?a=10056</a>), BHP Billiton is being investigated by the US Securities and Exchange Commission (SEC) over violations of anti-graft laws. At present neither the SEC nor the company are giving much away, even the country where the alleged bribery took place (although both Cambodia and the Philippines are taking up pole position). The lack of disclosure is only working to pique the interest of journalists. And just to add to its woes, the company is being sued by a powerful environmental group in the US over claims that its New Mexico operations have contaminated groundwater flowing into neighbouring areas.</p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10072">http://www.minesandcommunities.org/article.php?a=10072</a>.</p>
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		<title>Indonesia: Fisherfolk take to court against UK-Australian miner</title>
		<link>http://londonminingnetwork.org/2010/05/indonesia-fisherfolk-take-to-court-against-uk-australian-miner/</link>
		<comments>http://londonminingnetwork.org/2010/05/indonesia-fisherfolk-take-to-court-against-uk-australian-miner/#comments</comments>
		<pubDate>Wed, 05 May 2010 10:49:38 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Archipelago Resources]]></category>
		<category><![CDATA[Gold]]></category>
		<category><![CDATA[Indonesia]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Sulawesi]]></category>
		<category><![CDATA[Toka Tindung]]></category>
		<category><![CDATA[water]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1885</guid>
		<description><![CDATA[Local fisherfolk are bravely standing up for their rights by bringing a court case against a proposed mine in North Sulawesi that threatens their livelihoods. Archipelago Resources is a Perth, Australia based company but registered in the UK. See http://www.minesandcommunities.org/article.php?a=10063.]]></description>
			<content:encoded><![CDATA[<p>Local fisherfolk are bravely standing up for their rights by bringing a court case against a proposed mine in North Sulawesi that threatens their livelihoods. Archipelago Resources is a Perth, Australia based company but registered in the UK.</p>
<p>See <a href="http://www.minesandcommunities.org/article.php?a=10063">http://www.minesandcommunities.org/article.php?a=10063</a>.</p>
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		<title>Greystar shares plunge as Colombia requests mine review</title>
		<link>http://londonminingnetwork.org/2010/05/greystar-shares-plunge-as-colombia-requests-mine-review/</link>
		<comments>http://londonminingnetwork.org/2010/05/greystar-shares-plunge-as-colombia-requests-mine-review/#comments</comments>
		<pubDate>Wed, 05 May 2010 10:44:58 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[AIM]]></category>
		<category><![CDATA[Colombia]]></category>
		<category><![CDATA[Gold]]></category>
		<category><![CDATA[Greystar Resources]]></category>
		<category><![CDATA[IFC]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[silver]]></category>
		<category><![CDATA[World Bank]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1881</guid>
		<description><![CDATA[Greystar Resources is a Canadian company listed on the Toronto Stock Exchange, but it also has a listing on London&#8217;s Alternative Investment Market. Greystar has been told by the Colombian government to file a new environmental impact assessment (EIA) for its gold-and-silver mine at Angostura. The industry is claiming the new rules are essentially a [...]]]></description>
			<content:encoded><![CDATA[<p>Greystar Resources is a Canadian company listed on the Toronto Stock Exchange, but it also has a listing on London&#8217;s Alternative Investment Market.</p>
<p>Greystar has been told by the Colombian government to file a new environmental impact assessment (EIA) for its gold-and-silver mine at Angostura.</p>
<p>The industry is claiming the new rules are essentially a ban on mining in Colombia&#8217;s &#8220;Paramo&#8221; ecosystem.</p>
<p>The Angostura Project is 55 km from Bucaramanga, the capital city of Santander department. Greystar&#8217;s largest shareholder is the World Bank&#8217;s IFC at 10.76%.</p>
<p>Read more at <a href="http://www.minesandcommunities.org/article.php?a=10076">http://www.minesandcommunities.org/article.php?a=10076</a>.</p>
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		<title>Rio Tinto opponent arrested for &#8220;trespassing&#8221; on public land</title>
		<link>http://londonminingnetwork.org/2010/04/rio-tinto-opponent-arrested-for-trespassing-on-public-land/</link>
		<comments>http://londonminingnetwork.org/2010/04/rio-tinto-opponent-arrested-for-trespassing-on-public-land/#comments</comments>
		<pubDate>Wed, 21 Apr 2010 10:07:44 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Indigenous Peoples]]></category>
		<category><![CDATA[legal]]></category>
		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Michigan]]></category>
		<category><![CDATA[Nickel]]></category>
		<category><![CDATA[Rio Tinto]]></category>
		<category><![CDATA[USA]]></category>
		<category><![CDATA[water]]></category>

		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1815</guid>
		<description><![CDATA[A resident of the Upper Peninsula of Michigan, USA, was arrested for “trespassing” on public land in the Escanaba River State Forest, in northern Marquette County.  Cynthia Pryor planned on visiting Eagle Rock, site of Kennecott Minerals’ proposed “Eagle” mine, to keep an eye on the company’s activities.  She was arrested while sitting on an [...]]]></description>
			<content:encoded><![CDATA[<p>A resident of the Upper Peninsula of Michigan, USA, was arrested for “trespassing” on public land  in the Escanaba River State Forest, in northern Marquette County.   Cynthia Pryor planned on visiting Eagle Rock, site of Kennecott  Minerals’ proposed “Eagle” mine, to keep an eye on the company’s  activities.  She was arrested while sitting on an old tree stump with  her dog, Sophie. See <a href="http://headwatersnews.net/mining-article/citizen-arrested-for-%E2%80%9Ctrespassing%E2%80%9D-on-public-land/">http://headwatersnews.net/mining-article/citizen-arrested-for-%E2%80%9Ctrespassing%E2%80%9D-on-public-land/</a>.</p>
<p>Kennecott, a subsidiary of Rio Tinto, has proposed to mine under the  Salmon Trout River and through Eagle Rock, a sacred site to the Keweenaw  Bay Indian Community (KBIC).  Jessica Koski, a member of KBIC, attended  Rio Tinto’s annual shareholder’s meeting, in London, last Thursday and  expressed opposition to the Eagle Mine. See <a href="http://londonminingnetwork.org/2010/04/report-on-the-london-agm-of-rio-tinto-15-april-2010/">http://londonminingnetwork.org/2010/04/report-on-the-london-agm-of-rio-tinto-15-april-2010/</a>.</p>
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		<title>Report on the London AGM of Rio Tinto, 15 April 2010</title>
		<link>http://londonminingnetwork.org/2010/04/report-on-the-london-agm-of-rio-tinto-15-april-2010/</link>
		<comments>http://londonminingnetwork.org/2010/04/report-on-the-london-agm-of-rio-tinto-15-april-2010/#comments</comments>
		<pubDate>Wed, 21 Apr 2010 09:50:18 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Video]]></category>
		<category><![CDATA[aluminium]]></category>
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		<category><![CDATA[borates]]></category>
		<category><![CDATA[Borax]]></category>
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		<category><![CDATA[Canada]]></category>
		<category><![CDATA[China]]></category>
		<category><![CDATA[Coal]]></category>
		<category><![CDATA[Colombia]]></category>
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		<category><![CDATA[Eagle Mine]]></category>
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		<category><![CDATA[Gold]]></category>
		<category><![CDATA[Grasberg]]></category>
		<category><![CDATA[ilmenite]]></category>
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		<category><![CDATA[Kalimantan]]></category>
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		<category><![CDATA[legal cases]]></category>
		<category><![CDATA[Madagascar]]></category>
		<category><![CDATA[Michigan]]></category>
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		<category><![CDATA[Nickel]]></category>
		<category><![CDATA[Panguna]]></category>
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		<category><![CDATA[Papua New Guinea]]></category>
		<category><![CDATA[Quebec]]></category>
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		<guid isPermaLink="false">http://londonminingnetwork.org/?p=1808</guid>
		<description><![CDATA[Introduction This was Jan du Plessis’ first AGM as Chairman, and he gave plenty of time for questions on the annual report. There were numerous questions on the convictions of Rio Tinto officials in China for bribery (see Rio accused of abandoning Stern Hu, http://www.abc.net.au/news/stories/2010/04/16/2874320.htm), on the clash of timing of the Rio Tinto AGM [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Introduction</strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p>
<p>This was Jan du Plessis’ first AGM as Chairman, and he gave plenty of time for questions on the annual report. There were numerous questions on the convictions of Rio Tinto officials in China for bribery (see <em>Rio accused of abandoning Stern Hu</em>, <a href="http://www.abc.net.au/news/stories/2010/04/16/2874320.htm">http://www.abc.net.au/news/stories/2010/04/16/2874320.htm</a>), on the clash of timing of the Rio Tinto AGM with the BP AGM, on executive pay and on the proposed Joint Venture with BHP Billiton on iron ore in Western Australia. One question was asked about the nature of the housing construction market in China, so important to Rio Tinto’s profits.</p>
<p>Du Plessis was asked to comment on the possibility of a UK Government Serious Fraud Office probe into Rio Tinto’s practices. He declined, saying the company would never comment publicly on any conversations with regulators anywhere in the world but would co-operate if approached by regulatory bodies.</p>
<p>Three questions were asked about the company’s commitment to aluminium smelting at Saguenay-Lac St Jean in Quebec, Canada. Du Plessis and Rio Tinto CEO Tom Albanese assured questioners of the company’s commitment to aluminium production in Quebec but would not commit to ‘downstream processing’ into engineered products, which questioners wanted. Tom Albanese said that such products are not part of Rio Tinto’s business and that he hoped other businesses in Saguenay-Lac St Jean could provide what is necessary.</p>
<p>London Mining Network groups were well represented inside the AGM and worked closely with trade unions supporting locked out mine workers from Rio Tinto’s Borax mine in Boron, California. Between them, they were able to raise a number of concerns, but not all those which they intended to raise, as the question period was brought to a halt after a marathon session of over one and a half hours and the whole business of the AGM was only concluded towards two o’clock, nearly an hour later than usual.</p>
<p>Jan du Plessis promised, as he brought the question and answer session on the annual report to a close in order to proceed with other business, that once all the other resolutions had been proposed and discussed he would give more time for questions on the annual report. He did not do so, however. As one shareholder was attempting to get the Chairman’s attention in order to ask about radioactive spills at the Ranger Uranium Mine in Australia, the Chairman declared the meeting closed, despite his earlier assurance.</p>
<p>The following notes cover only those matters raised by the Borax workers, LMN guests from overseas, groups with which LMN is working, and others connected with LMN groups. A video of much of the meeting is available at <a href="http://www.thomson-webcast.net/uk/dispatching/?event_id=c25341fbb0ef9398a61e0922a83d00a7&amp;portal_id=f826a5de35b59aa5342937a4348256d3">http://www.thomson-webcast.net/uk/dispatching/?event_id=c25341fbb0ef9398a61e0922a83d00a7&amp;portal_id=f826a5de35b59aa5342937a4348256d3</a>. Slides and an MP3 audio recording of the Question and Answer session are available at the same link.</p>
<p><strong>Eagle Mine project, Michigan </strong>(for video, see<strong> </strong><a href="http://www.youtube.com/watch?v=vWtNAg8VR5A">http://www.youtube.com/watch?v=vWtNAg8VR5A</a>)</p>
<p>Jessica Koski, from the Keweenaw Bay Indian Community in the Upper Peninsula of Michigan, spoke about Rio Tinto subsidiary Kennecott’s proposed Eagle Mine. She said that mine construction would involve destruction of Eagle Rock, which is a sacred site for her community. She said that the mine’s design plan is unfeasible and could lead to collapse, and that because the material to be mined is a sulphide ore body, there is a high risk of acid mine drainage. Kennecott is asserting its ability to move ahead without approval under the Clean Water Act. Jessica said that her community is determined to defend Eagle Rock and asked for a commitment from Rio Tinto not to destroy the rock, so that her people could continue practising their religion.</p>
<p>Jan du Plessis said he respected Jessica’s strong feelings. He said he was convinced that his colleagues take seriously their responsibility to respect local people’s views. As Chairman, he was well aware of the issue which Jessica had raised. He wanted to assure her that the USA has some of the toughest environmental laws in the world, as does the State of Michigan, and the company would comply with them.</p>
<p>Tom Albanese said that he had visited the area. The Eagle Mine project is the first to be subjected to Michigan’s new mining regulations. The company has taken each step complying with the regulations and engaging with stakeholders. They recognise that the rock outcrop which Jessica had referred to was important and so the company has moved the mine portal away from the rock. The company is required to allow safe access to the rock and will meet with the tribe to discuss how this can best be done. He said that he was aware of the litigation around the project and that the company respects the US legal process.</p>
<p>Jessica asked again whether the company would commit to not destroying the rock and the water.</p>
<p>Tom Albanese replied that a condition of the permit is to respect the air and the water and to move the mine portal. He did not explain, however, how mining operations would affect people using the sacred site – whether there would be noise, dust, blasting or visual disturbance affecting a place used for religious retreats needing silence and solitude.</p>
<p><strong>Borax workers’ lockout, California </strong>(for video, see <a href="http://www.youtube.com/watch?v=2Q_jxO_hCFw">http://www.youtube.com/watch?v=2Q_jxO_hCFw</a> and<strong> </strong><a href="http://www.youtube.com/watch?v=lpRYwCDneyI">http://www.youtube.com/watch?v=lpRYwCDneyI</a>)</p>
<p>In response to a question from a shareholder about the dispute with workers at the Borax mine in Boron, California, Tom Albanese claimed that the borates mine there had suffered progressive loss of market share to its Turkish competitor over the past ten years. It was a good business but had suffered progressively lower productivity and lower market share. The company must modernise all aspects of the business, including contracts, especially regarding seniority, to bring it into line with other Rio Tinto operations elsewhere in North America. He stated that lockouts are enshrined in US labour law. The company wants to talk about key issues, he said, especially seniority. They need to talk about this in the context of experience and qualifications. All other things being equal, seniority would still apply.</p>
<p>Dave Irish, a Borax worker, noted the company’s stated commitment to safety, reminded the Board that over the past decade the Borax mine had twice won safety awards and pointed out that by locking out experienced workers and employing less experienced temporary workers the company was throwing safety out of the window. He said that the company was getting rid of permanent jobs and health benefits. He noted that although Tom Albanese had mentioned the global recession he had not mentioned the 15% unemployment rate in Kern County California, where the Borax mine is. Borax had been a good support to the community in the past, providing a number of community facilities. Now Tom Albanese was blaming the workers for the lockout. The company had not met with the workers since the lockout until now, when the workers had sent representatives to the AGM to find out why the company is behaving the way it is. Dave said that the workers want to work but cannot because of being locked out. On 31 January, when the lockout began, they were met by security company personnel who prevented them entering the mine. Sales of borates are increasing around the world but because of the lockout the Borax mine is only producing 35 – 50% of full production.</p>
<p>Jan du Plessis replied that safety is important to Rio Tinto and that he was content that no proposal being discussed would impact safety. The company will not increase temporary positions but wants flexibility.</p>
<p>Tom Albanese claimed to remember meeting Dave Irish when he visited the mine site two years previously (Dave later said that he certainly had no recollection of meeting Tom Albanese). He said that there was a lot to be proud of at Boron over recent years and that the person in charge at Boron had gone on to head Rio Tinto’s global health and safety work. Albanese said he welcomed the fact that the union had come back to the bargaining table.</p>
<p><strong>QMM Ilmenite Mine, Madagascar </strong>(for video, see<strong> </strong><a href="http://www.youtube.com/watch?v=HHyoc6OI6uI" target="_blank">http://www.youtube.com/watch?v=HHyoc6OI6uI</a>)</p>
<p>Vola Parker from Madagascar noted that the Rio Tinto Review claims that the company’s operations in Madagascar are exemplary and received an environmental award. She said that the company needs to pay attention to the report <em>Madagascar: Voices of Change</em> published last autumn (see <a href="http://www.andrewleestrust.org/hepa.htm">http://www.andrewleestrust.org/hepa.htm</a> and <a href="http://www.andrewleestrust.org/Reports/Voices%20of%20Change.pdf">http://www.andrewleestrust.org/Reports/Voices%20of%20Change.pdf</a>). She said that the people around the ilmenite mine in Madagascar had put their testimony into this report. She asked whether the 20/80 ownership agreement between the company and the Madagascan Government still stood or whether the company now owned 100% of the mine. She said that this is very important for the Madagascan Government. She said that she had received an email from a representative of the World Bank in Madagascar who is investigating an allegation of fraud around the transfer of land around the ilmenite mine. She asked if the Board was aware of this allegation. She also asked what was the growth outlook for mineral markets given that only 6% of the company’s profits come from diamonds and minerals. Is there hope for this ilmenite venture in terms of tax revenue for the Madagascan Government and employment?</p>
<p>Jan du Plessis replied that he hoped to travel to Madagascar in the last quarter of the year. He thanked Vola for recognising the mine’s environmental award. He confirmed that the ownership arrangement with the Madagascan Government is still 80/20.</p>
<p>Tom Albanese said that the World Bank is associated with the project through supporting the government’s 20% interest and is part owner of the port facility. The port is shown on the cover of the 2009 Annual Review. There is a dispute resolution process regarding the land transfer to ensure that the land was properly priced. USAID is also involved in this. Regarding markets, 90% of titanium dioxide is used for whitening paint. This market is driven by new construction. With the coming of the summer repainting season in the Northern hemisphere and the continued growth of construction in China there should be strong growth in titanium dioxide sales.</p>
<p>Yvonne Orengo of the Andrew Lees Trust said that a company representative had stated that there were no outstanding issues on the land transfer. Testimonies in the report which Vola had mentioned speak of poor land compensation, lack of forest access and extreme poverty as a result of the mine. The company has made no response to the report even though it had been sent to them. Yvonne wanted to know whether the company would show enough respect to local people to answer the criticisms which they have made.</p>
<p>Tom Albanese said that he could not answer individual comments but would be happy to talk further. He said that poverty and deforestation in the area were extreme before the project began. With the presence of the mine, he claimed, communities are on the whole better off – an assertion contradicted by the testimony in the report, as Vola and Yvonne pointed out after the meeting to Tom Albanese and Harry Kenyon-Slaney (CEO, Diamonds and Minerals, in charge of the Madagascar mine).</p>
<p><strong>Panguna Mine, Bougainville</strong> (for video, see <a href="http://www.youtube.com/watch?v=yb8G-x_ioBk">http://www.youtube.com/watch?v=yb8G-x_ioBk</a>)</p>
<p>Clive Porabou from Bougainville said that the company’s BCL subsidiary had caused massive destruction to land in Bougainville and its operations had led to a war which had cost 20,000 lives. A court case had been brought against the company in the USA. Would the company compensate the people of Bougainville for the destruction it had caused? BCL was now trying to go back in and reopen the mine, which would repeat the whole process. Would Rio Tinto warn them of the dangers of doing so?</p>
<p>Jan du Plessis said that the company had not operated in Bougainville since 1989. When it did operate, it employed 2800 people and contributed 10% of Papua New Guinea’s GDP. In 2001 a peace agreement was signed between the PNG Government and the separatists. The company understands that it cannot recommence operations without proper consultation with the stakeholders.</p>
<p>Tom Albanese said that the company respects the long-term peace process and the actions of the Government of Bougainville, the landholders and the Government of Papua New Guinea.</p>
<p>It is noteworthy that neither the Chairman nor the CEO commented on the lawsuit brought against the company in the USA.</p>
<p><strong>Rossing Uranium, Namibia </strong>(for video, see<strong> </strong><a href="http://www.youtube.com/watch?v=0xGTEYXkLzw">http://www.youtube.com/watch?v=0xGTEYXkLzw</a>)<strong><br />
</strong></p>
<p>Dr Natasha Posner of LMN member group Partizans asked about the Rossing uranium mine in Namibia. She asked whether Rio Tinto planned to increase production and if so, whether studies had been done on the impact on the environment and worker health. She asked whether the company could explain why workers cannot get access to their medical records.</p>
<p>Tom Albanese replied that the Rossing mine is important both to Rio Tinto and to Namibia. He said that the company could like to see increased production but need access to water, electricity and skilled labour. Most workers are Namibian and there are restrictions on foreign workers. It would take 5 to 10 years before expansion can take place. He said that Rossing has worked on biodiversity. He would get back to Dr Posner on the issue of employees’ access to medical records.</p>
<p>Dr Posner reminded Tom Albanese that he had earlier spoken of ‘our goal of zero harm’, and asked if the company would commit to that goal.</p>
<p>Tom Albanese replied that everyone was doing everything they could to reduce harm.</p>
<p><strong>Coal and nickel mining in Indonesia </strong>(for video, see <a href="http://www.youtube.com/watch?v=04t-ZpsDpaY">http://www.youtube.com/watch?v=04t-ZpsDpaY</a>)<strong><br />
</strong><br />
Andrew Hickman (of LMN member group Down to Earth) said that, in response to questions about the recent bribery case involving company officials, the Chairman had spoken about the importance of building relationships with China. Did the company also think about the importance of building relationships with producers, including workers and communities? According to colleagues in Indonesian environmental organisation JATAM, on Tuesday 13th April the Indonesian Attorney-General’s office had found substance in corruption allegations in the divestment of Rio Tinto from Kaltim Prima Coal in 2003. Andrew asked why Rio Tinto had sold its shares in Kaltim Prima Coal for half the price being offered by the Kalimantan Government. Why did it sell all its shares to Bumi Resources, controlled by Aburizal Bakri, the second richest man in Indonesia, who was a government minister at the time and has been accused of major tax evasion, corruption and business malpractice? One of his operations controls the Lepindo mud flow, which has made 100,000 people homeless. It is reputed that he tried to sell that operation to an offshore company for as little as $2 in order to avoid compensation obligations. [NB Aburizal Bakri has recently become head of the Golkar Party, one of the two biggest political parties in Indonesia and the party of former President Suharto.]</p>
<p>Jan du Plessis replied that the manner in which the company does its business is of great importance and that it has to be good or the company would not be in business. Four employees in China were accused of accepting bribes from local steel magnates who wanted to make sure they got hold of steel.</p>
<p>Tom Albanese said that Rio Tinto had been in a 50/50 Joint Venture with BP at Kaltim Prima until 2002-03. They had been faced by Indonesianisation requirements. They went through a process of examining not only the amount of money offered but the liquidity and experience of the bodies making the offers. Rio Tinto and BP concluded that the Bumi offer was overall the better offer. Rio Tinto is no longer in Kalimantan. The company made the disposal according to the law. There is a conflict between the Governments of Indonesia and Kalimantan but the decision was made on commercial grounds.</p>
<p>Andrew then said that in its relationships with local elites in Indonesia the company’s operations there were all related. At present Rio Tinto is planning a nickel project in Sulawesi. Andrew said that Tom Albanese’s answer led him to believe that Rio Tinto is complicit in the corruption of local elites.</p>
<p>Tom Albanese stated emphatically that Rio Tinto is opposed to corruption.</p>
<p><strong>Grasberg Mine, West Papua </strong>(for video, see <a href="http://www.youtube.com/watch?v=a_nXZP-a09g">http://www.youtube.com/watch?v=a_nXZP-a09g</a>)<strong><br />
</strong></p>
<p>Benny Wenda, from West Papua, said that he represented 250 tribes from that country. He said that the company said all manner of good things but ignored his people in dealing with Indonesia. He said that Rio Tinto was dealing with an occupied country and supporting the occupying power, Indonesia, and in so doing was indirectly supporting the rape, torture and killing carried out by the Indonesian military. Benny asked what guarantee the company would give for his people’s future, for the Ajkwa River which has been filled with mining waste and turned to copper, and to their scared mountain which had been dug up and turned into a lake.</p>
<p>Jan du Plessis said that Benny was discussing political differences which the company could not comment on.</p>
<p>Tom Albanese stated baldly that Papua is part of Indonesia. This, he stated, had been ratified by the United Nations in 1966. The Grasberg lease is 10km by 10km in an area the size of the UK. It makes an important contribution to jobs and taxes. Since 1995, when Rio Tinto became involved, the company had been involved in social and environmental programmes.</p>
<p>Roger Moody pointed out that the Norwegian Government had accused Rio Tinto of being responsible for abuses committed around the Grasberg mine. Why had the company not satisfied the Norwegian Government in its criticism of the mine?</p>
<p>Tom Albanese said that Rio Tinto had had discussions with the Norwegian Government about this issue and implied that the Norwegian Government now took a more positive view. Roger Moody replied that he knew from inside information that this was not the case.</p>
<p><strong>Indigenous Peoples’ right to Free Prior Informed Consent </strong>(for video, see <a href="http://www.youtube.com/watch?v=7vCbk68CKB8">http://www.youtube.com/watch?v=7vCbk68CKB8</a>)<strong><br />
</strong></p>
<p>Geoff Nettleton of LMN member group Indigenous Peoples’ Links said that he had been a shareholder for more than twenty years and that at every AGM there were problems with Indigenous rights. He welcomed the statement in the Rio Tinto report that the company operates in accordance with the United Nations Declaration on the Rights of Indigenous Peoples. He said that the problem is that it is not true. He said that it is good as a statement of intent. But the UN Declaration on the Rights of Indigenous Peoples gives the right to Free Prior Informed Consent and this is not being respected. It also gives protection to Indigenous Peoples’ sacred sites. Without genuinely independent monitoring, respect for Indigenous Peoples’ rights will not work. There are reputational advantages to doing this. It would avoid litigation and confrontation. He asked whether the company would work with Indigenous organisations like the UN Permament Forum on Indigenous Issues to arrange such independent monitoring.</p>
<p>Jan du Plessis replied that it is possible for the company to make mistakes (a welcome admission) but said that he visited many operations and was impressed by the commitment of Rio Tinto personnel to working with local people. He said that in Australia, Rio Tinto is the biggest employer of Aboriginal People, and that at every Rio Tinto mine in Australia he had met with Aboriginal People and listened to their concerns.</p>
<p>Geoff reiterated that an independent element was necessary. He said that he believed what the Chairman was saying about Australia but that an independent element was needed.</p>
<p>Tom Albanese said that he respected that and stated that the company was taking a lead in the International Council on Mining and Metals about this, to develop industry standards. He said that Rio Tinto has independent assurance of its systems, though it is not as crisp black and white as a financial statement.</p>
<p><strong>Pay differentials within Rio Tinto</strong></p>
<p>Albert Beale of LMN member group Partizans said that Conservative Party leader David Cameron had recently said that in public organisations the ratio between the top earner and the bottom should not be more than 20:1. Albert said that there was no moral reason why this should not apply to private practice as well. Why did Rio Tinto not publish the pay differential between its top and bottom earners?</p>
<p>The answer given by the Board was that this information would be meaningless. Albert responded that this was for shareholders to judge rather than for the Board, who are employees of the shareholders, and that the company should do so.</p>
<p><strong>A personal reflection on the AGM by Richard Solly, LMN Co-ordinator<br />
</strong><br />
As usual, the company’s responses to many of the concerns raised were vague or evasive. Rio Tinto continues to hold a high view of its own virtue, despite the Chairman’s admission that sometimes it makes mistakes.</p>
<p>Jan du Plessis was more emollient than his predecessor. But the vision of the future set out by Tom Albanese in his presentation and in his answers to questions was the stuff of nightmares.</p>
<p>His belief that the number of new mines that will be necessary over the coming years in order to keep pace with minerals demand, replicating themselves at an ever increasing rate, suggests a future in which more and more of the planet’s surface is scarred by this highly destructive activity, with consequent impacts on water quality and food production; and, in the case of Rio Tinto, with predictable impacts on human rights, rural and coastal livelihoods, traditional cultures and Indigenous control of land. It is a very bleak picture. Why should the world trust this company, of all companies, to make decisions on such expansion when it is clear that these decisions will influence numerous other companies and be to the detriment of so many people?</p>
<p>He spoke enthusiastically of the development of robotics in mining. So the increasing number of new mines would not necessarily lead to an increase in satisfying employment for mineworkers. Rather, there is the possibility that more and more jobs will be lost as robots take over from human beings in gouging more and more minerals from the earth without the inconvenience of health care costs, health and safety considerations or worker organisations demanding rights and dignity.</p>
<p>Albanese also spoke of hundreds of millions of rural Chinese people ‘needing’ to be urbanised. He did not say why they ‘need’ to be urbanised or whether they have expressed a wish to be moved into cities. He did not speak of the desperation that often forces people to migrate to cities even when they do not wish to do so. And the picture of future cities which he painted was horrifying. The cities of which he spoke will consist of enormous high-rise apartment blocks into which huge numbers of people can be crammed. This, he said, is ‘greener’ than traditional low-rise housing, because it takes up less space and therefore lowers the total carbon footprint. He did not speak of the carbon footprint of the steel production necessary for the construction of such towers or the carbon emissions produced in heating and cooling them.</p>
<p>He also spoke of the company’s desire to increase uranium production, with no mention of the legacy of deadly radioactive pollution which will be left for thousands of generations to come.</p>
<p>The company’s past is one of repeated and serious abuses of human rights, Indigenous rights, worker rights and local and regional ecosystems. Its present is one of continued greenwashing of its unacceptable behaviour. And its vision for the future is one which many millions of people will surely hope never comes true.</p>
<p><strong>Questions which we were unable to ask for lack of time&#8230;.</strong></p>
<p><strong>Oyu Tolgoi Project, Mongolia</strong></p>
<p>Rio Tinto has a minority stake in this project.</p>
<p>Mongolian-based environmental organisations are calling for a delay in the implementation of the Project on a number of grounds.</p>
<p>The Investment Agreement for the Project was signed on October 6, 2009, before a technical and economic feasibility study was accepted by government, as prescribed by law.</p>
<p>On March 26, the Minerals Expert Council granted conditional acceptance of the technical and economic feasibility study regardless of the fact that Ivanhoe Mines had failed to demonstrate availability of, and access to, the water resources necessary for production, infrastructure and social needs of the project.</p>
<p>The Oyu Tolgoi deposit lies in the Gobi Desert in close proximity of the Gobi Small and Galbyn Gobi Strictly Protected Area (SPA) zones, overlapping Important Bird Area and Critical Natural Habitats. This fragile arid ecosystem does not have enough water to carry this huge mine. There is apparently the possibility that the flow of the rivers Herlen and Orhon/Onon may be reversed from north to south to provide for the mine’s needs.  There is much resistance by scholars and local residents to these ideas, which will have an adverse effect on the ecology, economy and livelihoods of people living in these areas.</p>
<p>There are a number of other mines in the area and scarcity of water is a problem for all of them.</p>
<p>Trucking of minerals from these mines is already causing significant dust pollution, affecting human health and the environment. Opening the Oyu Tolgoi mine will worsen this.</p>
<p>Will Rio Tinto agree to delay the start of mine construction until environmental, social and economic, and water impact assessments are carried out in compliance with international norms and standards applicable to large scale mining?</p>
<p><strong>Mande Norte Project in Colombia</strong></p>
<p>There is concern about Rio Tinto’s relationship with La Muriel Mining at the Mande Norte copper, gold and molybdenum project in Colombia.</p>
<p>In response to a question at last year’s AGM, CEO Tom Albanese confirmed that Rio Tinto had an arrangement with US-Colombian company La Muriel Mining which might lead to some kind of Joint Venture in the future. At that time, exploration had been halted because of widespread opposition from local Indigenous and Afrocolombian communities.</p>
<p>Shortly after last year’s AGM, in response to criticisms of the Mande Norte project submitted to a British Parliamentary inquiry, La Muriel Mining publicly implied that peace groups working with local communities, including British-based peace groups, were in league with the Colombian guerrillas. The British Government intervened to urge La Muriel Mining to withdraw these false allegations, which could have led to political assassinations of British citizens working in the area. The company withdrew them, and has not begun exploration again because of the strength of local opposition.</p>
<p>In March, Colombia’s Constitutional Court ruled that La Muriel Mining had not carried out adequate consultation with Indigenous and Afrocolombian communities, and ordered a halt to the project. Before it can continue, proper consultation must take place with these communities according to the law, and environmental impact studies must be completed.</p>
<p>La Muriel has proved all the points made at last year’s Rio Tinto AGM about its scant regard for human rights and the law. When will Rio Tinto pull out of this project and dissociate itself from this irresponsible company?</p>
<p><strong>Ranger Uranium Mine, Australia</strong></p>
<p>The Ranger uranium mine is operated by Rio Tinto  subsidiary Energy Resources of Australia.</p>
<p>An estimated 100,000 litres of water has been seeping from the tailings dam every day into the rock below. The Senate Committee in February this year confirmed that there is 5,500 times as much uranium in that water as there is in the surrounding environment, but so far there has been little work (at least published) on what will be done to rehabilitate it. Can you confirm what steps you have taken to effectively monitor this issue, ensure it does not reach the surrounding Kakadu National park and what will be done to rehabilitate once the dam is removed?</p>
<p>Recent total production for the first quarter of 2010 slid by 27 percent or down to 888 tonnes compared to the output of the same period last 2009. Some of this at least is the result of a 41 per cent drop in ore grades as the mining operations proceeded through the open-cut. Would you confirm whether this affects the plan to extend the mine life to 2021 and that you are sharing any changes to your plans openly with nearby traditional land owners?</p>
<p><strong>Protests outside the AGM</strong></p>
<p>Outside the AGM, Borax workers and supporters from the International Transport Federation and other trade unions demonstrated against the company, assisted by representatives of London Mining Network.</p>
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		<title>Rio Tinto: A Shameful History of Human and Labour Rights Abuses And Environmental Degradation Around the Globe</title>
		<link>http://londonminingnetwork.org/2010/04/rio-tinto-a-shameful-history-of-human-and-labour-rights-abuses-and-environmental-degradation-around-the-globe/</link>
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		<pubDate>Tue, 20 Apr 2010 11:08:27 +0000</pubDate>
		<dc:creator>Richard</dc:creator>
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		<description><![CDATA[This document was prepared by the International Longshore and Warehouse Union in San Francisco, USA. References corresponding to numbered notes in the text are listed at the end of the article. Introduction Mining giant Rio Tinto promotes itself as a responsible and ethical employer and good neighbour, as well as a protector of the environment.  [...]]]></description>
			<content:encoded><![CDATA[<p><em>This document was prepared by the International Longshore and Warehouse Union in San Francisco, USA.</em></p>
<p><em>References corresponding to numbered notes in the text are listed at the end of the article.</em></p>
<p><strong>Introduction</strong></p>
<p>Mining giant Rio Tinto promotes itself as a responsible and ethical employer and good neighbour, as well as a protector of the environment.  According to The Way We Work, the company’s global code of business conduct, Rio Tinto’s “focus on sustainable development – on economic prosperity, social wellbeing, environmental stewardship and strong governance and integrity systems – provides the framework in which our business operates…”  (1)</p>
<p>Rio Tinto maintains that “respect is central to a harmonious workplace, where the rights of employees are upheld and where their dignity is affirmed, free of intimidation, discrimination or coercion of any kind.”(2)  With regard to human rights, the company professes to “…set out to build enduring relationships with our neighbours that demonstrate mutual respect, active partnership, and long term commitment.”(3)   Finally, with regard to the environment, the company proclaims that “excellence in environmental performance and product stewardship is essential to our business success…Wherever possible we prevent, or else minimise, reduce and remedy the disturbance of the environment.” (4)</p>
<p>It sounds good. But the reality is that Rio Tinto’s current operations are more in line with their past apparent collusion with fascist and racist regimes than their stated policies of respect for communities, workers and the environment. Despite the company’s claims, there are countless examples of alleged human and labour rights violations and environmental devastation perpetrated by Rio Tinto around the world and over decades.   From Papua New Guinea to Namibia, from the Upper Peninsula of Michigan in the U.S. to Madagascar, and from Cameroon to Indonesia, Rio Tinto has a long and shameful record.  We set out below summaries of some of the previous and ongoing allegations against Rio Tinto, gathered from information in the public domain.  Please follow the links for further details of these allegations.</p>
<p><strong>A Record of Consorting with Repressive Regimes</strong></p>
<p>In 1930s Spain, under the rule of fascist General Francisco Franco, left-wing miners who had expressed discontent with Rio Tinto’s mines by striking were called to order by Franco’s troops.  At the company’s 1937 annual general meeting, Sir Auckland Geddes reported “since the mining region was occupied by General Franco’s forces, there have been no further labour problems… Miners found guilty of troublemaking are court-martialed and shot.”(5)  Under Franco’s influence, Rio Tinto also provided ore for Nazi Germany’s re-armament programme.(6)</p>
<p>In Apartheid-era South Africa, Rio Tinto’s Palabora copper mine underpaid its migrant black labour force, failing to reach even the minimum wage set by the South African Institute of Race Relations.(7)  In neighbouring Namibia, black workers constructing the Rossing uranium mine lived in appalling conditions in temporary camps, which researchers found “akin to slavery.”(8)   While Rio Tinto continues to this day to profess its code of ethics and principles it seems the company’s drive for corporate profit is its top priority.</p>
<p><strong>Borax Mine, Boron, California, USA</strong></p>
<p>In the tiny Mojave Desert town of Boron, California, Rio Tinto recently locked out 570 miners from its borates mine.  Since January 31, 2010, these families have been struggling to make ends meet without a paycheque from Rio Tinto.  The company took this action in retaliation for the miners’ refusal to agree to a contract that threatened to turn decent, family and community-supporting jobs into part-time, temporary or contracted jobs.</p>
<p>Rio Tinto has brought in replacement workers to do the jobs of long-time, experienced miners, some of whom have worked at the mine and processing plant for 30 to 40 years.  It is unclear if the replacement workers have the ability to produce the same quality product with the same reliability as the experienced Boron miners Rio Tinto has locked out. It seems that Rio Tinto is simply using the replacement workers to help the company starve out the locked-out families.</p>
<p>The families of Boron have paid a heavy price for their courageous decision to stand up to Rio Tinto, a multi-billion-dollar, global bully that is used to pushing people around and getting its own way.  They worry about making mortgage payments, paying for health insurance and putting food on the table. But with the support of the Boron community and of families and workers throughout California, the U.S. and the world, they are standing strong and committed to winning a fair contract at the mine in Boron.</p>
<p><strong>Panguna Mine, Bougainville, Papua New Guinea</strong></p>
<p>On the island of Bougainville, Papua New Guinea, the people fought and won a 10-year war against Rio Tinto and its Panguna copper and gold mine during the 1990s.  Resistance to the mine was so intense, the company was forced to close it in 1989 and, since that time, the mine has not been operational.  Though the people of Bougainville were ultimately successful in their battle with Rio Tinto, they paid a heavy price – both for the mine’s development and for their opposition to it.</p>
<p>A class action complaint on behalf of the people of Bougainville now in U.S. federal court alleges that Rio Tinto committed crimes against humanity, war crimes and racial discrimination, as well as violations of international environmental rights, among other atrocities, in its efforts to establish and operate the Panguna mine.</p>
<p>Specifically, the complaint alleges that:</p>
<p>§    In constructing its huge copper mine in Bougainville, Rio Tinto used chemical defoliants and bulldozers to destroy the rainforest that had been a key source of subsistence to local residents; the company then, allegedly, sluiced off the hillside.(9)</p>
<p>§    During the years of the mine’s operations, billions of tons of toxic mine waste was generated and dumped onto the land and into pristine waters, filling major rivers with tailings, polluting a major bay dozens of miles away, and the Pacific Ocean as well.” The pollution reportedly was so extensive residents of the island were exposed to toxic chemicals that have caused death and/or illness.(10)</p>
<p>§    Air and water pollution has caused serious health problems among the villagers, including upper respiratory infections, TB and asthma. In addition, because they could no longer farm, fish or hunt, villagers’ traditional diet was replaced with processed foods, leading to an increase in the incidence of obesity.(11)</p>
<p>§     Rio Tinto “viewed the people of Bougainville as inferior due to their colour and culture and, therefore, intentionally violated their rights.”(12)  As part of its discriminatory treatment of the local people, the company allegedly paid “slave wages” to black workers.(13)</p>
<p>§    The company’s behaviour sparked an uprising among the Bougainvillian people that resulted in the closing of the mine. In response, the Papua New Guinea government brought in troops to reopen it. Rio Tinto allegedly provided vehicles and helicopters to transport troops and played a role in instituting a military blockade that lasted for almost 10 years, causing the deaths of 10,000 people between 1990 and 1997.</p>
<p>Rio Tinto has been fighting the class action for a decade, seeking to have the complaint dismissed. Recently, however, the Obama Administration’s Department of Justice refused to side with the company in its legal argument, thereby paving the way for the suit, which could cost Rio Tinto millions in reparations, to proceed in the U.S. court system.</p>
<p><strong>Grasberg Mine, West Papua, Indonesia</strong></p>
<p>The Grasberg mine in West Papua is another example of a Rio Tinto mining project gone terribly wrong. A joint venture between Rio Tinto (40% of joint venture production (14)) and Freeport-McMoRan, a U.S. corporation headquartered in Phoenix, Arizona, the Grasberg Mine is one of the world’s largest single producers of both copper and gold, and contains the largest recoverable reserves of copper and the largest single gold reserve in the world, according to Freeport McMoRan.(15)</p>
<p>§    The mine reportedly has caused “massive environmental destruction” in West Papua due to the dumping of waste, including toxic metals, into Indonesia’s river system.(16)   According to WALHI, a leading Indonesian environmental group, the mine has already disposed of one billion tons of tailings into the local river system, resulting in copper concentrations in local rivers that are double the Indonesian legal fresh water limit. Over the life of the project, the mine reportedly will dump up to 3.5 billion metric tons of waste, despite the fact that riverine disposal is expressly prohibited under Indonesia’s water quality control regulation.(17)</p>
<p>§    In 1996, local people rioted, destroying $3 million in equipment and shutting the facility down for three days.  Shortly thereafter, Freeport-McMoRan, Rio Tinto’s partner, reportedly started providing significant support to the Indonesian government and military to ensure the protection of the mine.(18)   The company reportedly made an initial investment of $35 million in military infrastructure and vehicles and paid at least $20 million to military and police in Papua between 1998 and 2004.(19)</p>
<p>§    Serious human rights violations have reportedly occurred near the Grasberg Mine and Rio Tinto and Freeport-McMoRan have been accused of complicity due to their reliance on the military and police for security at the mine.  According to Indonesia’s National Commission on Human Rights, “in the mid-1990s the Indonesian security forces indulged in indiscriminate killings, torture and disappearances of local people in their safeguarding of the mine operations and their campaigns against West Papuan secessionists.” (20)</p>
<p>§    In 2008, Norway eliminated Rio Tinto from its Government Pension Fund due to concerns about the way the Grasberg mine was being operated.  The holdings the Fund divested itself were valued at $850 million. (21)</p>
<p><strong>Kelian Gold Mine, Indonesia</strong></p>
<p>Kelian Equatorial Mining (PT KEM), which closed in 2005, was a mining company jointly owned and operated by Rio Tinto (90%) and PT Harita Jayaraya Inc. (10%), an Indonesian company in Indonesia’s East Kalimantan province.(22)  As at the Panguna mine in Bougainville and the Grasberg mine in West Papua, local opposition to the mine and the human rights violations and environmental degradation associated with it was very strong.</p>
<p>§    Hundreds of indigenous villagers were forcibly evicted from their land and 4,000 more reportedly had assets destroyed in the construction of the mine in the 1980s.(23)</p>
<p>§    According to the Indonesian Commission on Human Rights, protestors of the mine were arrested and detained on numerous occasions during the 1990s and some Kelian staff reportedly raped local community members.  Local people also reported that mine security guards shot at and attacked them and local police ran a terror campaign intended to squelch protests. (24)</p>
<p>§    In its 13 years of production the mine reportedly dumped 100 million metric tons of waste rock into the environment, much of which was contaminated.(25)   Rio Tinto acknowledged that there was “acid mine drainage” from the mine site; further, the company’s own environmental report said that in 1996 almost 1,100 kilogrammes of cyanide were discharged from the mine into the Kelian River.(26)</p>
<p>§    Due to the pollution of the river local residents reportedly lost their source of clean water for drinking and bathing and began to suffer from skin rashes and eye infections; in addition, the river fish virtually disappeared, depriving residents of an important source of food.(27,28)</p>
<p><strong>Kennecott Eagle Mine, Upper Peninsula, Michigan, USA</strong></p>
<p>California is not the only location in the U.S. where Rio Tinto is involved in controversy.  There are at least two environmental battles underway in the Great Lakes states of Michigan and neighbouring Wisconsin.  Both involve Rio Tinto subsidiary, Kennecott.</p>
<p>§    Rio Tinto subsidiary Kennecott Eagle Minerals Co. is seeking to develop a nickel and copper mine in Michigan’s Upper Peninsula; the mine is expected to yield 250 to 300 million pounds of nickel and about 200 million pounds of copper.(29)</p>
<p>§    Opponents of the mine have filed a lawsuit, seeking to overturn the state permit granted Kennecott; they contend the project does not meet legal requirements for protecting the environment and cite concerns including the mine’s potential to harm local rivers and groundwater. In addition, opponents say they fear the mine’s ceiling could collapse beneath the Salmon Trout River, which is home to the coaster brook trout.(30)</p>
<p>§    A lawyer for the National Wildlife Federation, one of the parties in the lawsuit, said the Michigan Department of Environmental Quality (DEQ) (since renamed the Department of Natural Resources and Environment), which approved the project, “has not required adequate applications, much less that there be adequate protections.”(31)</p>
<p>§    Kennecott also reportedly must obtain a permit from the U.S. Environmental Protection Agency, in order to discharge treated wastewater.(32)  In addition to concerns about damage to the environment, local residents note that Eagle Rock, a traditional site of worship for the indigenous Anishinabe (Ojibwe) people, will be blasted through to construct the mine.(33)</p>
<p>§    &#8221;Last year a judge recommended that Eagle Rock be protected as a place of worship. However, the director of the DEQ, ignored this recommendation and approved Kennecott&#8217;s mining permit alleging that Eagle Rock is not legally a place of worship because it does not consist of any built structures.(34)</p>
<p><strong>Flambeau Mine, Ladysmith, Wisconsin, USA</strong></p>
<p>Opponents of the Eagle Mine in Michigan cite environmental problems at the Flambeau Mine in Wisconsin as part of their argument against the development of the project.</p>
<p>§    Flambeau Mining Co., a subsidiary of Kennecott Minerals Co.,(35)   (wholly owned by Rio Tinto)(36)  operated the mine between 1993 and 1997, producing 181,000 tons of copper, as well as gold and silver.(37)  Although the Flambeau mine site has been “reclaimed” since it was closed, local residents and environmental groups assert that it continues to contaminate local water.</p>
<p>§    A conservation organization in Wisconsin announced in 2009 its intention to sue the Flambeau Mining Company, as well as the Wisconsin Department of Natural Resources. The notice of intent to sue submitted by the plaintiffs’ attorney notes that an independent analysis of the company’s own monitoring data “shows that the partially reclaimed mine is causing both surface water pollution and groundwater pollution.” According to the study, monitoring data prove that some groundwater does not meet the Flambeau Mine Permit standards or current Wisconsin groundwater quality standards.(38)</p>
<p>§    The notice of intent also cites a second independent analysis of the company’s data, which concluded, among other things, that “statistically significant increased copper concentrations in crayfish (whole-body specimens), walleye (liver tissue) and sediment … have been observed downstream from the Mine, raising the possibility of a causal relationship.”(39)  The Wisconsin Department of Natural Resources also confirmed that water samples from the site taken during regular monitoring had shown elevated levels of copper, sulfate, manganese and iron.(40)</p>
<p>§    In 2007, when an agreement was reached stating the mine site was suitable for wildlife habitat and recreation, additional monitoring of a 32-acre portion of the site was mandated for five years to ensure no contamination of water or soil, etc. An attorney for the National Wildlife Federation said at that time “Despite Kennecott’s numerous attempts to clean up the source, it continues to pollute.” She added, “They (Kennecott) have publicly admitted through their actions that the Flambeau Mine is polluting. Kennecott has broken its promise to Wisconsin’s citizens not to pollute.”(41)</p>
<p><strong>QMM Mine, Fort-Dauphin, Madagascar</strong></p>
<p>The island of Madagascar in the Indian Ocean provides yet another example of Rio Tinto’s apparent disregard for the communities and environment in which it operates.</p>
<p>§    Rio Tinto operates an ilmenite(42) mine on the east coast of the island. The entity on the ground, QIT Madagascar Minerals S.A. (QMM), is a joint venture between Rio Tinto’s wholly owned Canadian subsidiary QIT Fer et Titane (80%) and the government of Madagascar (20%). The project, which began construction in 2006, has received funding from the World Bank and infrastructure support from the government, including a new port. (The World Bank contributed $35 million to the port and QMM $110 million).(43,44)   The mine reportedly contains at least 75 million tons of ilmenite deposits, which are found in mineral sands, and could be operational for up to 40 years.(45)</p>
<p>§    Thousands of local people reportedly were displaced by the mine development and many received either inadequate compensation or no compensation at all for their customary land rights. People also allegedly have lost access to the food, firewood and medicines they had relied upon from the forest, which has affected both their livelihoods and their local culture and customs. Reportedly grave sites also were destroyed in the mine’s construction.(46)</p>
<p>§    Local people report that Rio Tinto has not hired as many workers from among the local population, depriving them of jobs and income they desperately need; in addition, the influx of workers from elsewhere has increased demand for food and housing, driving prices up beyond what local residents can afford.(47)</p>
<p>§    The mine reportedly has attracted opposition from conservationists since its inception because the mine site is located within the last remaining fragments of coastal forest in Madagascar; since this forest type is unique to the country – for example, QMM has reported 64 species of endemic flora found nowhere else – its fate is considered of global importance.(48)</p>
<p>§    Rio Tinto reportedly plans to  restore the natural environment once the dredging of the sand is complete and has established two conservation areas to protect forest biodiversity; however, experts have said these areas are too small to sustain the numbers of species currently found in the forest, which will result in a reduction of species diversity.(49,50) ,</p>
<p><strong>Lom-Panger Dam, Cameroon</strong></p>
<p>In the West African nation of Cameroon, Rio Tinto Alcan is working with the government to accelerate the construction of the huge Lom-Pangar Dam, a project that reportedly will displace an estimated 28,000 people.(51)  The government apparently is backing the dam because the country is in desperate need of new energy supplies and heavily dependent on hydroelectric power. Rio Tinto Alcan, the company’s aluminium group, wants the power for a new smelter project;(52) Rio Tinto Alcan already partners with the government in Alucam, an aluminium facility.(53,54)</p>
<p>§    The Bank Information Center (BIC), an NGO that partners with civil society in developing and transition countries to influence the World Bank and other international financial institutions, has voiced concern that the dam would have “significant environmental and social impacts,” including “flooding over 30,000 hectares of tropical hardwood forest, threatening the Deng Deng reserve and its biodiversity, and submerging a portion of the Chad-Cameroon oil pipeline.”(55)</p>
<p>§    In addition, the BIC noted that the dam project “appears to respond to the energy demands of the expanding aluminium sector rather than the energy needs of the majority of the country’s population lacking access to electricity.”(56) Reportedly the Alucam smelter already consumes about half of Cameroon’s electricity and is seeking to more than double its production while receiving favorable electricity rates far below what residential users pay.(57)</p>
<p>§    According to the World Bank, the draft Environmental Assessment for the dam “states that the project will have significant environmental impact, particularly on natural habitats and physical cultural heritage, as well as health impacts (spread of malaria and other diseases). There also could be short-term adverse economic impact on local activities (agriculture, fishing, tourism, forestry and artisanal commerce,” according to the agency.(58)</p>
<p><strong>Rössing Uranium Mine, Namibia</strong></p>
<p>The Namib Desert in Namibia is home to the Rössing Uranium Ltd. mine, one of the world’s largest open pit uranium mines.  Rio Tinto owns about 69% of the mine, which produced more than 9 million pounds of uranium in 2009(59) and is expected to remain in operation until at least 2023.(60)  Like so many of Rio Tinto’s operations, the mine has a history of controversy.</p>
<p>§    In 1970 the company received a licence to mine uranium at Rössing, but the licence apparently was illegal because it was given by the then-Apartheid regime in South Africa, an investor in the mine, which at that time was occupying Namibia; Rio Tinto reportedly mined at Rössing in defiance of the United Nations and findings of the International Court of Justice.(61)</p>
<p>§    Iran, which has had an ownership stake (15%) in the mine since it opened in 1976,(62)  is another controversial investor in the mine. The U.S. and other countries have expressed concern that Namibia may provide Iran with uranium for its nuclear programme.(63)</p>
<p>§    Rio Tinto’s labour rights record at the Rössing mine has been abysmal.  According to the United Nations Council for Namibia, in the 1970s uranium was being mined “by virtual slave labour under brutal conditions.” As recently as 2000 the company reportedly continued to discriminate against black workers, paying them much lower wages than white miners.(64) The company also reportedly maintained a well-armed “private army” to handle labour or civil unrest at the mine and civilians were killed by the military, which was assisted by the mine’s security forces.(65)</p>
<p>§    Reports show that the Rössing workforce has suffered malignant diseases at higher rates than the general population or are at a much higher risk of ill-health and cancer because of past radiation exposures.(66)  Former workers at the mine and family members have pursued legal remedies for serious illnesses suffered related to their work at the mine, which they allege was caused by exposure to uranium, a radioactive and toxic heavy metal, and silica dust – both known health hazards if inhaled. According to one former miner, workers were not offered facemasks to prevent inhalation, nor did they ever receive information about health hazards at the operation.(67)</p>
<p>§    Environmental concerns at the Rössing facility also are abundant.  The mine produces 20 million tons of crushed, sulphuric-acid-soaked, slightly radioactive rock on an annual basis.  In addition, the plant consumes millions of cubic metres of fresh water annually in a region where rainfall totals only about 3 centimetres per year.(68)</p>
<p><strong>Tainted Past is Affecting Rio Tinto’s Future</strong></p>
<p>As is the case at many of its operations around the globe, Rio Tinto also is facing opposition to projects it would like to get up and running. For example, in the U.S. state of <strong>Arizona</strong>, the company is pursuing a land swap with the U.S. government which will allow it to develop a copper mine on what is now federal land.  However, the land deal is being stalled in the U.S. Congress based largely on concerns about Rio Tinto’s horrendous human rights record.(69)</p>
<p>In the Bristol Bay area of <strong>Alaska</strong>, there is heavy opposition to the development of the Pebble Open Pit Gold and Copper Mine in which Rio Tinto is a minority partner.  The project would include what would reportedly be the largest dam in the world, which would be used to contain toxic waste produced in the mining operation.  Native groups, commercial and sport fishermen and environmental groups are concerned about the threats the mine poses to salmon fisheries, moose, bear, caribou and other animals, and to the ecosystem as a whole.(70)</p>
<p>In March 2010, the  <strong>Colombian</strong> Constitutional Court ordered a halt to the country’s largest copper mining project, Muriel Mining’s Mandé Norte project, citing lack of proper consultation with local Indigenous and Afrocolombian communities over the mine&#8217;s potential environmental and cultural impact.  &#8220;Adequate action was not taken to ensure the communities were aware of the nature of the Mandé Norte project and subsequently able to make a decision with full awareness and understanding,&#8221; the court said in a ruling. Because Muriel&#8217;s project will inevitably alter the area&#8217;s ecological balance, the company must comply with its obligation to consult with the communities that inhabit that region and that will be affected by the mining activity, the judges said.(71)  Rio Tinto reportedly has a partnership stake in the project.(72)</p>
<p><strong>For more information:</strong></p>
<p>International Longshore and Warehouse Union<br />
1188 Franklin Street, San Francisco, CA 94109 USA<br />
Craig Merrilees, +1 (0) 415-775-0533, x113; craig@ilwu.org<br />
Amy Willis, +1 (0) 415-775-0533, x147; amy.willis@ilwu.org</p>
<p><strong>To send messages of support to the locked-out miners, contact boronfamilies@gmail.com.<br />
</strong><br />
<strong>Notes</strong></p>
<p>1  December 2009. The Way We Work, p. 5; <a href="http://www.riotinto.com/documents/The_way_we_work.pdf">http://www.riotinto.com/documents/The_way_we_work.pdf</a><br />
2  December 2009. The Way We Work, p. 12; <a href="http://www.riotinto.com/documents/The_way_we_work.pdf">http://www.riotinto.com/documents/The_way_we_work.pdf</a><br />
3  December 2009. The Way We Work, p. 14; <a href="http://www.riotinto.com/documents/The_way_we_work.pdf">http://www.riotinto.com/documents/The_way_we_work.pdf</a><br />
4  December 2009. The Way We Work, p. 16; <a href="http://www.riotinto.com/documents/The_way_we_work.pdf">http://www.riotinto.com/documents/The_way_we_work.pdf</a><br />
5  Partizans, March, 1991. Plunder!, p. 3.<br />
6  Partizans, March, 1991. Plunder!, p. 4.<br />
7  Partizans, March, 1991. Plunder!, p. 7.<br />
8  Partizans, March, 1991. Plunder!, p. 8.<br />
9  Sarei. v. Rio Tinto, p. 31.<br />
10 Sarei et. al. v. Rio Tinto, p.  3.<br />
11  Sarei et. al. v. Rio Tinto, p.35.<br />
12 Sarei et. al. v. Rio Tinto, p.54.<br />
13 Sarei et. al. v. Rio Tinto, p.40.<br />
14 Rio Tinto, 2009 Annual Report, p. 40.<br />
15 Freeport McMoRan company website, <a href="http://www.fcx.com/operations/asia.htm">http://www.fcx.com/operations/asia.htm</a><br />
16 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25.<br />
17 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25, citing The environmental impacts of Freeport-Rio Tinto’s copper and gold mining operation in Papua, WALHI, Jakarta, 2006.<br />
18 Perlez, Jane and Raymond Bonner, December 28, 2005. Freeport-Rio Tinto: Gold’s Other Price, The New York Times.<br />
19 Perlez, Jane and Raymond Bonner, December 28, 2005. Freeport-Rio Tinto: Gold’s Other Price, The New York Times.<br />
20 Curtis, Mark. Fanning the Flames: The Role of the British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25.<br />
21 Acher, John, September 9, 2008. Norway fund drops Rio Tinto on ethical grounds, Reuters; <a href="http://www.reuters.com/assets/print?aid=USL872852220080909">http://www.reuters.com/assets/print?aid=USL872852220080909</a><br />
22 Nyompe, Pius Erick, Executive Secretary, LKMTL, April 15, 2003. Indonesia Case Study, The Closure of the Kelian Gold Mine and the Role of the Business Partnership for Development/World Bank.  Presentation to the EIR&#8217;s Eminent Person and participants at the meeting on Indigenous Peoples, Extractive Industries and the World Bank Oxford, England; <a href="http://dte.gn.apc.org/Ckl03.htm">http://dte.gn.apc.org/Ckl03.htm</a><br />
23 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25.<br />
24 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25.<br />
25 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 26, citing The closure of the Kelian gold mine and the role of the Business Partnership for<br />
Development/World Bank, Forest Peoples Programme, April 2003; Undermining Indonesia: Adverse social and environmental impacts of Rio Tinto’s mining operations in Indonesia,WALHI, Jakarta, 2003<br />
26 International Federation of Chemical, Energy, Mine and General Workers’ Unions, 1997. Rio Tinto Tainted Titan, The Stakeholders Report, p. 48; <a href="http://www.cfmeu.com.au/storage/documents/rio/RT.pdf">http://www.cfmeu.com.au/storage/documents/rio/RT.pdf</a><br />
27 Curtis, Mark, November 2007. Fanning the Flames: The Role of British Mining Companies in Conflict and the Violation of Human Rights, War on Want, p. 25.<br />
28 International Federation of Chemical, Energy, Mine and General Workers’ Unions, 1997. Rio Tinto Tainted Titan, The Stakeholders Report, p. 48; <a href="http://www.cfmeu.com.au/storage/documents/rio/RT.pdf">http://www.cfmeu.com.au/storage/documents/rio/RT.pdf</a><br />
29 Flesher, John, March 15, 2010. Opponents Ask Court to Overturn U.P. Mining Permit, Salon.com; <a href="http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html">http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html</a><br />
30 Flesher, John, March 15, 2010. Opponents Ask Court to Overturn U.P. Mining Permit, Salon.com; <a href="http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html">http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html</a><br />
31 Flesher, John, March 15, 2010. Opponents Ask Court to Overturn U.P. Mining Permit, Salon.com; <a href="http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html">http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html</a><br />
32 Flesher, John, March 15, 2010. Opponents Ask Court to Overturn U.P. Mining Permit, Salon.com; <a href="http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html">http://www.salon.com/wires/allwires/2010/03/15/D9EFC65O0_mi_kennecott_mine/index.html</a><br />
33 Caplett, Gabriel, February 17, 2010.  New U.P. Mine is a Bad Deal (editorial), The Detroit News, p. A12.<br />
34 Koski, Jessica L., April 11, 2020. UP mine threatens sacred tribal rights, Detroit Free Press (opinion); <a href="http://www.freep.com/article/20100411/OPINION05/4110426/1322/UP-mine-threatens-sacred-tribal-rights">http://www.freep.com/article/20100411/OPINION05/4110426/1322/UP-mine-threatens-sacred-tribal-rights</a><br />
35 June 6, 2007. Pro-Anti-Mine Forces Focus on Flambeau, The Mining Journal.<br />
36 The company had been called Kennecott Minerals Co. Now it is known as Kennecott Eagle Minerals <a href="http://www.eagle-project.com/about.php">http://www.eagle-project.com/about.php</a><br />
37 2004, Rio Tinto. Sustainable Development Case Studies Updated; <a href="http://www.riotinto.com/SustainableReview/common/pdfs/Flambeau.pdf">http://www.riotinto.com/SustainableReview/common/pdfs/Flambeau.pdf</a>.<br />
38 June 16, 2009. Notice of Intent to File Citizen Suit under Wis. Stat. § 293.89, p. 8.<br />
39 June 16, 2009. Notice of Intent to File Citizen Suit under Wis. Stat. § 293.89, p. 8.<br />
40 Wisconsin Department of Natural Resources; <a href="http://dnr.wi.gov/org/aw/wm/mining/metallic/flambeau/">http://dnr.wi.gov/org/aw/wm/mining/metallic/flambeau/</a>.<br />
41 June 6, 2007. Pro-, Anti-Mine Forces Focus on Flambeau, The Mining Journal; <a href="http://www.eagle-project.com/documents/CurrentNews/Mining%20Journal.pdf">http://www.eagle-project.com/documents/CurrentNews/Mining%20Journal.pdf</a><br />
42 Ilmenite is used in the manufacture of titanium dioxide, a whitener used in a range of products.<br />
43 Friends of the Earth, October 2007. Mining Madagascar – Forests, Communities and Rio Tinto’s White Wash, p. 2; <a href="http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf">http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf</a><br />
44 Bannister, David, March 2009. A Promise Fulfilled, Review, p. 9; <a href="http://www.riotinto.com/documents/Library/Review89_March09_A_promise_fulfilled.pdf">http://www.riotinto.com/documents/Library/Review89_March09_A_promise_fulfilled.pdf</a><br />
45 Harbison, Rod, 2007. Development Recast? A Review of the Impact of the Rio Tinto Ilmenite Mine in Southern Madagascar, Panos London report for Friends of the Earth, p. 6; <a href="http://www.foe.co.uk/resource/reports/development_recast.pdf">http://www.foe.co.uk/resource/reports/development_recast.pdf</a>.<br />
46 Friends of the Earth, October 2007. Mining Madagascar – Forests, Communities and Rio Tinto’s White Wash, p. 3-4; <a href="http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf">http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf</a><br />
47 Friends of the Earth, October 2007. Mining Madagascar – Forests, Communities and Rio Tinto’s White Wash, p.5; <a href="http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf">http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf</a><br />
48 Harbison, Rod, 2007. Development Recast? A Review of the Impact of the Rio Tinto Ilmenite Mine in Southern Madagascar, Panos London report for Friends of the Earth, p. 45; <a href="http://www.foe.co.uk/resource/reports/development_recast.pdf">http://www.foe.co.uk/resource/reports/development_recast.pdf</a>.<br />
49 Friends of the Earth, October 2007. Mining Madagascar – Forests, Communities and Rio Tinto’s White Wash, p. 2,5; <a href="http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf">http://www.foe.co.uk/resource/media_briefing/mining_madagascar.pdf</a><br />
50 Harbison, Rod, 2007. Development Recast? A Review of the Impact of the Rio Tinto Ilmenite Mine in Southern Madagascar, Panos London report for Friends of the Earth, p. 50; <a href="http://www.foe.co.uk/resource/reports/development_recast.pdf">http://www.foe.co.uk/resource/reports/development_recast.pdf</a>.<br />
51 Inter Press Service, August 4, 2009. Construction; Fears for Forest as Dam Construction Begins, Africa News; <a href="http://ipsnews.net/africa/nota.asp?idnews=47946">http://ipsnews.net/africa/nota.asp?idnews=47946</a><br />
52 Aluminum Association, February 13, 2009. Rio Says Cameroon Projects, Hydropower Dam on Track, Reuters.<br />
53 Inter Press Service, August 4, 2009. Construction; Fears for Forest as Dam Construction Begins, Africa News; <a href="http://ipsnews.net/africa/nota.asp?idnews=47946">http://ipsnews.net/africa/nota.asp?idnews=47946</a><br />
54 Ohlden, Anna, November 30, 2007. Rio Tinto Alcan and the Government of Cameroon Sign an Agreement for a Potential Hydro-Power Project and Greenfield Smelter, PRNewswire;<br />
55 Lom Pangar Dam, Bank Information Center, <a href="http://www.bicusa.org/EN/Project.30.aspx">http://www.bicusa.org/EN/Project.30.aspx</a>.<br />
56 Lom Pangar Dam, Bank Information Center, <a href="http://www.bicusa.org/EN/Project.30.aspx">http://www.bicusa.org/EN/Project.30.aspx</a>.<br />
57 International Rivers, <a href="http://www.internationalrivers.org/en/africa/lom-pangar-dam-cameroon">http://www.internationalrivers.org/en/africa/lom-pangar-dam-cameroon</a><br />
58 World Bank Comments – Draft Environmental Assessment for Proposed Lom Pangar Dam, p. 1.; <a href="http://siteresources.worldbank.org/INTCAMEROON/Resources/Lom_Pangar_Matrix.pdf">http://siteresources.worldbank.org/INTCAMEROON/Resources/Lom_Pangar_Matrix.pdf</a><br />
59 Rio Tinto, 2009 Annual Report, p. 47.<br />
60 Rio Tinto, 2009 Annual Report, p. 49.<br />
61 International Federation of Chemical, Energy, Mine and General Workers’ Unions, 1997.Rio Tinto, Tainted Titan, the Stakeholders Report, p. 45.<br />
62 McCrystal, Michael, May 28, 2004. Landmine of a Decision, CorpWatch.<br />
63 The Namibian, February 3, 2009. Namibia; Govt Holds its Line on. Iran And Uranium, Africa News.<br />
64 Boland, Sue, September 6, 2000. Rio Tinto: Founded on Blood, Green Left.<br />
65 Asia-Pacific Human Rights Network, July 13, 2001. Associating with the Wrong Company, citing United Nations Council for Namibia and the Australian Council on Overseas Aid, respectively.<br />
66 International Federation of Chemical, Energy, Mine and General Workers’ Unions, 1997.Rio Tinto, Tainted Titan, the Stakeholders Report, p. 45;.Citing 23 Zaire, R. et al (1995) ‘Analysis of white blood cells from uranium mineworkers in Namibia for chromosomal and phenotypic alterations’ Free University: Berlin. 24 International<br />
Physicians for the Prevention of Nuclear War, 1995 “Nuclear Wastelands” London. p.143-145.<br />
67 International Federation of Chemical, Energy, Mine and General Workers’ Unions, 1997.Rio Tinto, Tainted Titan, the Stakeholders Report, p. 45, citing Edwards, R. Op cit. 27 BBC Newsnight, 22 July 1997.<br />
68 McCrystal, Michael, May 28, 2004. Landmine of a Decision, CorpWatch.<br />
69 Davis, Tony, December 17, 2009. Superior’s Huge Mine Gets a Win in Congress, Arizona Daily Star, p. A1.<br />
70 Renewable Resources Coalition, <a href="http://www.renewableresourcescoalition.org/pebble_mine.htm">http://www.renewableresourcescoalition.org/pebble_mine.htm</a>.<br />
71 Mines and Communities, March 31, 2010. Muriel Up Against the Wall in Colombia, Court Rules Company Failed to Consult Local People; <a href="http://www.minesandcommunities.org/article.php?a=10008">http://www.minesandcommunities.org/article.php?a=10008</a><br />
72 Business &amp; Human Rights Resource Centre: <a href="http://www.business-humanrights.org/Documents/MandeNorte">http://www.business-humanrights.org/Documents/MandeNorte</a></p>
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