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The Extractive Industries and Society 3 (2016) 124–128

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The Extractive Industries and Society


journal homepage: www.elsevier.com/locate/exis

Original article

“Golden reality” or the “reality of gold”: Artisanal mining and


socio-environmental conflict in Chinapintza, Ecuador
Luis Sánchez-Vázquez* , María Gabriela Espinosa-Quezada,
María Beatriz Eguiguren-Riofrío
Observatorio de Conflictos Socioambientales, Universidad Técnica Particular de Loja, San Cayetano Alto s/n, 11-01-608, Ecuador

A R T I C L E I N F O A B S T R A C T

Article history: Ecuador has long tradition of artisanal mining, mostly associated with environmental impacts and socio-
Received 22 July 2015 environmental conflict. This article analyses the case of Chinapintza district, located in the area bordering
Received in revised form 9 November 2015 Peru in the south east of the country. The miners in this area aim to obtain the “título minero” (mining
Available online 23 November 2015
claim) in order to regularize their situation to improve their conditions, and therefore reduce the social
and environmental problems associated with their occupation. In this context, the main objective of this
Keywords: study is to determine how the population perceives the different socio-environmental conflicts of the
Perception
Chinapintza area, and to characterize the difficulties encountered by artisanal miners in their efforts to
Socio-environmental conflicts
Artisanal gold mining
organize and regularize their activities according to new legislation. Our main findings confirm the need
Ecuador to redefine the legal framework for artisanal mining and promote training processes for the workers in
order to reduce socio-environmental conflicts.
ã 2015 Elsevier Ltd. All rights reserved.

1. Introduction vapours (UNEP, 2013). In turn, the rudimentary techniques used in


the artisanal mining may result in a high number of occupational
Artisanal mining is an important source of livelihood for rural diseases, as well as many accidents caused by faulty machinery or
communities worldwide, especially in developing countries. This problems with land instability, such as rockfalls, landslides, or the
mining is characterised by rudimentary techniques that commonly collapse of hillsides, tunnels or galleries (Hinton et al., 2003; Veiga
result in significant environmental degradation in the immediate et al., 2014).
surroundings and poor socio-environmental conditions in the These types of accidents and health problems are observed
human settlements where activities are carried out (Sippl, 2015; regularly in Chinapintza district, which is located in the Paquisha
Cuvelier et al., 2014; Saldarriaga-Isaza et al., 2013). However, canton in the Zamora-Chinchipe Province, in the south east of
artisanal mining offers a direct, autonomous and rapid prospect of Ecuador. In this part of the country, mining is a deeply-rooted
earning income, and in view of the lack of job opportunities the activity, and mainly carried out on an artisanal and small scale.
practice is being revived and even growing in certain areas Along with other areas such as Ponce-Enríquez (Azuay), Zaruma-
traditionally linked with this activity (Labonne, 2014). Portovelo (El Oro) and Nambija, also in the province of Zamora
The main resource extracted by artisanal miners is gold, which Chinchipe, Chinapintza is one of the most important areas for
can be readily sold, and a price that is relatively stable regardless of artisanal gold mining in Ecuador (Sandoval, 2010).
instability of commodity markets or governments. Mercury is still There is reference made to the goldfields in Zamora-Chinchipe
used to extract gold even though its misuse can pose serious health as far back as the colonial and pre-colonial times, although it was
hazards for miners. If it is not used with extreme care, resulting not until the 1980s that there was extensive growth in artisanal
contamination can directly affect miners and indirectly affect the mining, especially in Nambija (Ramírez Requelme et al., 2003).
inhabitants of the area. Methylmercury can affect the nervous Today, up to 48% of its land is used for mining concessions. Only in
system and its main route of exposure is by inhalation of the the Podocarpus National Park have the river basins and the towns
been left untouched (Latorre, 2012).
For many years, the artisanal mining activities of Zamora have
been associated with socio-environmental conflict and human
* Corresponding author.
E-mail addresses: luissanvaz@gmail.com, luissanchez@ugr.es
rights issues, problems that are related to the informal and illegal
(L. Sánchez-Vázquez), mgespinosa@utpl.edu.ec (M.G. Espinosa-Quezada), nature of the sector (Sandoval, 2010). Thus, conflicts have arisen for
mbeguiguren@utpl.edu.ec (M.B. Eguiguren-Riofrío). different reasons: due to the locals' opposition to the mining;

http://dx.doi.org/10.1016/j.exis.2015.11.004
2214-790X/ ã 2015 Elsevier Ltd. All rights reserved.
L. Sánchez-Vázquez et al. / The Extractive Industries and Society 3 (2016) 124–128 125

between artisanal miners and mining entrepreneurs; and as a legal mining concessions coexist. Moreover, the authorities have
result of the granting of big mining concessions to foreign granted new concessions without analysing the existing demands
companies (Warnaars and Bebbington, 2014; Latorre, 2012). and rights. This has all produced a great controversy, which has
Artisanal miners who were working in the neighbouring district increased incidences of conflict in the sector and the scale of socio-
of Congüime first arrived in Chinapintza in 1978, in search of new economic impact of its activities.
gold deposits. Upon arrival, these individuals exercised the so- In this paper, we highlight the relevance of the socio-
called “right of appropriation”, by settling in what they considered environmental conflicts caused by legal grey-areas of the
to be wasteland. Others, such as the military, came to the area from regulatory framework. We also speculate on the potential for
the 1980s onwards, eager to benefit from the gold mining managing these conflicts through improved governance of
operations. The first concession was granted to military interests artisanal mining and the training of operators on legal and
in 1986 through the company set up for such purposes by retired socio-environmental issues.
servicemen: Dirección de Industrias del Ejército-DINE (Condo-
minio Minero Chinapintza, 2014). At that time, the state had fewer 2. Artisanal mining, social movements and socio-
administrative requirements, which meant that it could grant environmental conflict
permits and sign contracts more rapidly (Sandoval, 2010). Later on,
different gold mining companies replaced the DINE as the holders Although it is true that artisanal mining does benefit the
of the mining concessions in the area, namely, Ecuamining and economic livelihoods of communities, associated socio-environ-
Ecuasaxxon, which would transfer the “título minero” (mining mental problems can negatively affect the living conditions of mine
claim) over to the current concession holder, ELIPE S.A.1 settlements (Hinton et al., 2003; Adler Miserendino et al., 2013;
The artisanal miners of Chinapintza, aggrieved that their claim Nyame and Grant, 2014). Insofar as analysing socio-environmental
had not been recognised, thought that the best way to fight for conflicts in the context of political ecology, firstly it has to be taken
their rights would be to organise themselves into associations. In into account that this type of impact can turn into a conflict in line
1991, under the Rodrigo Borja Government, a new mining law was with the prevailing social dynamics (Homer-Dixon, 1999; Ortiz-T.
adopted called “Ley 126” (Law 126), pursuant to which a 25 ha area et al., 2011). Therefore, to get a better grasp on the dynamics of
of land was granted to the “Nangaritza” Mining Cooperative, the conflicts that surface in Chinapintza, certain aspects must be
first artisanal mining organization of the sector. The cooperative considered, which fall under the label, the “political ecology of the
was used as the basis for the artisanal miners of the Chinapintza subsoil”, as popularised by Bebbington and Bury (2013).
area to join forces and strengthen their demands, following the The paper seeks to adopt a political ecology approach to analyse
steps of other cooperatives of artisanal miners in Ecuador, in the social movements and organised associations (Peet and Watts,
districts of Ponce Enríquez and Nambija (Sandoval, 2010). This 2004; Robbins, 2004). Accordingly, the mining operations are an
process lasted more than two decades until they were legally essential element in the formation and articulation of identities,
recognised in May 2008, following the establishment of the mining especially when these processes subject the miners to working in
cooperative “Condominio Minero Chinapintza” (Condominio dangerous mining environments that contaminate the surround-
Minero Chinapintza, 2014). However, the requested concessions ing area (Peet and Watts, 2004; Bebbington and Bury, 2013). This
were never granted to them. phenomenon is exacerbated when there is a public perception that
When President Correa came to power in 2007 he initiated the mining operations carried out by foreign entities receive the
Mining Dialogue. This process consisted in multilateral working majority of benefits and cause, unjustly, environmental impacts
groups held with different actors involved in mining, and was and damages, which the locals in the mining area must deal with.
rounded off with the approval of the Mining Law of 2009 (Latorre These dynamics are the ingredients of an “ecological-distributive
2012). The intention to tighten up control on socio-environmental conflict”, according to Martínez-Alier (2004).
matters, the state's interest in the distribution of benefits, and the In Chinapintza, these processes are conditioning perceptions of
regularization of the artisanal and small-scale mining situation the socio-environmental conflict as shown hereinafter. But not all
were recognised by the different actors, although there were conflict in the sector fits in with the scheme of unequal distribution
concerns about the implications of this law in terms of attracting between costs and profits, because a lot of the impact in the area is
foreign investment to develop large-scale projects2 (Latorre, 2012; a result of artisanal miners, who consider themselves to be the
Warnaars and Bebbington, 2014). But in spite of the efforts of the legitimate “owners” of the land. This paper, therefore, not only
Ecuadorian state to regulate its artisanal and small-scale mining analyses the ecological-distributive conflicts that arise in the area,
situation through the Agencia de Regulación y Control Minero- but also the socio-environmental conflicts or those with “environ-
ARCOM (Mining Regulation and Control Agency), the majority of mental content” (Folchi, 2001) that do not necessarily convey this
activity continues to be informal in nature (Warnaars and depicted imbalance between costs and profits of the mining
Bebbington, 2014). operations on the natural surroundings.
The fact that the artisanal miners in Chinapintza operate Different social movements have surfaced around the mining
without legal concessions has given rise to the indiscriminate activity with ambiguous character (Bebbington and Bury, 2013).
growth of the activity. Today, mining operations with and without There are radical movements against large-scale projects, while
other groups are focused mostly on jobs, outsourcing and more
economic profit (Arellano-Yanguas, 2012). In the majority of cases,
1
A company belonging to Dynasty Metals and Mining, “a Canadian gold producer local groups mobilise to maintain and improve their traditional
and developer of resources in the South of Ecuador” according to the Ecuadorian livelihoods without adopting a fixed position that is necessarily in
Canadian Chamber of Commerce 2015 http://www.ecucanchamber.org/ecucan/
favour of or against the mining or a specific project.
index.php/directorio-2/item/elipe-s-a.
2
The pro-mining sector criticised the state of having a high share of the profits As for the artisanal mining, the impact that the activity has on
(5% minimum of royalties, 70% of the windfall tax), which could frighten off foreign the environment and public health has been studied in detail. But
investment that would opt for other more liberal countries of the region. In contrast in order to fully appreciate the associated conflict, the complexities
to this, the anti-mining sector saw many of the measures and the increase in the of measuring and monitoring the aforesaid impact must be
control over socio-environmental matters to be contradictory to the main
regulations, which by declaring mining to be a public utility and granting it all
considered. In Ecuador, other factors must also be taken into
kinds of rights, favour an activity that is generally in the hands of transnational account such as the contamination of the transboundary water
private companies to the detriment of the collective rights (Latorre, 2012). with Peru; the management of hazardous-waste; and the different
126 L. Sánchez-Vázquez et al. / The Extractive Industries and Society 3 (2016) 124–128

conflicts concerning priorities, ambiguities and the tightening up 3.2. Perception of the conflict: the “reality of gold” in Chinapintza
of the existing policies and regulatory framework (Adler-
Miserendinoet al., 2013). The obtained data reinforce the expected results; it is clear that
The majority of international research carried out on the a high level of conflict is observed on a social, environmental and
impact of artisanal and small-scale mining generally focuses on work–related level among the inhabitants of Chinapintza. The
the technological challenges to eliminate the use of mercury living conditions of the miners and their families are very
(Veiga et al., 2014; Balzino et al., 2015; García et al., 2015; challenging, and most residents live in dwellings made of wood
Saldarriaga-Isaza et al., 2015). Although there are certain and tin. The mountains are riddled with adits and holes, and the air
alternative mining methods that can be used on an artisanal is full of dampness and toxic fumes, making the living conditions of
level to reduce these risks and impacts, these are not always Chinapintza inhospitable at times. One of the miners interviewed
successful or effective due to different factors (Hinton et al., 2003; remarked that “this is not a golden reality”, which seems to line up
Veiga et al., 2014). perfectly with reality.
Nevertheless, some studies stress the need to review and The most important issue of concern for the miners is the
redefine the legal framework concerning artisanal and small-scale informality. Not possessing the regulatory mining title has
mining before actually establishing and implementing more triggered permanent conflict with the resident mine concession
technical solutions (Tschakert and Singha 2007; Adler-Miser- holders, which is considered to be the source of other conflicts. For
endino et al., 2013). In fact, the majority of activity in this sector is example, the informal miners pointed out that as they are not legal
informal, lacking the appropriate legal authorisation. The govern- they cannot buy machinery or get loans and are therefore
ment officials blame this situation on the miners' unwillingness to vulnerable to extortionate prices for fuel and explosives. They
comply with the requirements. However, very rarely do they think want to regularize their operations, therefore, in a bid to improve
that it might be because of the government's inability to reinforce their quality of life and that of their families.
and implement this legislation, or whether this legislation can be The inhabitants of the area believe that the immigration of
applied in practice (Hilson and Potter, 2005; Geenen, 2012; Van outsiders to Chinapintza has contributed to the increase in
Bockstael, 2014). delinquency, which they associate with the increase in prostitution
In view of this, certain studies emphasize the fact that more and the lack of safety on the streets, worsened by the fact that there
effort has to be put into environmental educational programmes are no police checkpoints. These conditions are not directly related
and specific training on the legal framework that helps improve the to the informality of the miners but rather with the intrinsic
miners' skills and abilities (Geenen, 2012; Adler-Miserendino et al., characteristics of the artisanal mining activities, as has been well
2013; Veiga et al., 2014). In this paper, therefore, we aim to described by other authors (Hilson, 2009; Maconachie and Hilson,
highlight the potential to manage socio-environmental conflicts 2011; Hinton et al., 2003).
through improved training of the miners and a review of the legal In the context of the environment, workers appeared aware that
framework. their work exposes them to physical-chemical hazards. These
A classic approach in conflict analysis is to focus on perceptions include the constant noise of the “crushers” in the houses. These
of key actors (Rosenberg, 2003; Fischer, 2011), which is being used are machines that pulverise the rock to reduce large pieces into
increasingly in the study of socio-environmental conflicts. This is smaller pieces. One of the miners interviewed stated that the noise
related to the complexity of the environmental problems and “distracts us, it makes us nervous and gives us headaches”.
resulting conflicts, and therefore calls for new methodological The chemical risks are mainly related to handling cyanide and
approaches to be adopted that deal with these conflicts and focus mercury without respecting the safety standards. Another
on the “importance of the subjective perceptions and socially environmental issue mentioned concerned the tunnels, which
constructed reality” (Pahl-Wostl, 2007, p. 561). have been excavated for mining activities near the homes of some
of the members of the community, cause surficial instability and
3. How conflict is perceived in Chinapintza: the impact on the increase the likelihood of rockfalls and landslides. These concerns
environment and the “mining title” are in line with the anti-mining claims in the region, as pointed out
in other studies (Sandoval, 2010; Latorre, 2012), which is
3.1. Methodology undoubtedly related to what happened in the 1980s and 1990s
in the neighbouring sector of Nambija. This mining district had the
The research draws on findings from semi-structured inter- title of “the world's most dangerous gold town” due to the high
views conducted with miners, the aim of which was to survey the incidences of violence and crime rates and the extreme environ-
opinion of Chinapintza residents on the conflict. Our findings mental pollution, making it “one of the most inhospitable places on
derive from interviews conducted during 2012 and 2013 among earth” (Pitta, 2015). On 9 May 1993, a large section of the mountain
the members of the mining associations of Chinapintza, which above the mines collapsed, burying the settlement and killing
form the mine cooperative, “Condominio Minero Chinapintza”. The initially 60 people (The New York Times, 1993), although this figure
interviews focused on the process of obtaining a mining claim, and would reach at least 400. The definite number will probably never
how this could help to reduce the intensity of socio-environmental be known, since there are no official records of the number of
conflict at different levels. people living or working in Nambija. The catastrophic events of this
Another important point considered during the study was the day “represent one of the worst mining disasters ever” (Pitta,
different skills that were promoted during the workshops carried 2015).
out by our research team. These targeted different social groups in For miners, there are two sides to their work. First, it is a source
the area, including women, young people and children. This of income and subsistence as there is a lack of jobs in the area. But it
helped to build more trust with the population, as well as obtain is also a health risk for them and their families. The miners
relevant information by means of participant observation and emphasized the fact that as they work illegally they do not have the
through a series of informal interviews held with workshop adequate tools or equipment to guarantee health and safety
participants. standards when carrying out artisanal mining underground. In all
Finally, a review of the documents from the archives of the likelihood, a lack of proper training and knowledge and their poor
artisanal mining association, “Condominio Minero Chinapintza”, economic conditions are the main reasons why they fail to invest in
was carried out. safer procedures.
L. Sánchez-Vázquez et al. / The Extractive Industries and Society 3 (2016) 124–128 127

There are other aspects, too, such as job instability; the lack of operator, “feel part of a group”, and that this struggle is essential to
social security; the lack of materials for processing; the danger of achieve better living and working conditions.
unskilled workers handling explosives; and the risk of accidents.
4. Conclusion
3.3. The quest for legal recognition
The socio-environmental conflict in Chinapintza is seen to be
The artisanal miners of Chinapintza believe that the conflict in associated with the regularisation process of artisanal mining. The
their settlement is highly conditioned by their legal situation, artisanal miners interviewed view this matter as the chief cause of
unlike “the mining concession holders”, the groups that histori- the conflicts and risks they fact. In terms of the dangers they face,
cally have occupied legalized mining concessions, from the which were commonly associated informality, the miners inter-
military to the successive corporate concession holders (currently viewed highlighted a range of issues, including the unsafe handling
belonging to the Canadian company ELIPE S.A.). The miners of of explosives, cyanide and mercury, and the impact of on the
Chinapintza have documentation that states that they were the environment and the health of those involved in operations, as
first settlers in the area in 1978. That means that they have been well as the hazardous work practices.
mining for more than 30 years (Condominio Minero Chinapintza, The process involved in obtaining the mining title is a symbol of
2014). They claim that there was an “invasion” of the Condominio the fight of those who settled in the area of Chinapintza in 1978,
Minero Chinapintza by the concession holders. According to one of and has become an element of social cohesion and the
the members of the association, “the State granted mining strengthening of local identity. In Chinapintza, we have observed
concessions on our settlement”. that regularization has contributed to a strengthening of the
To support and reinforce their arguments, the miners also make miners' movement, both in terms of formation and articulation of
continual reference to the successive technical inspections carried identities, as well as facilitated an attainment of legal status.
out in 2006 by the Regional Directorate of Mining of Zamora. Those However, the regularisation process continues, and has proved
inspections discovered that the mining activities carried out by to be a source of great frustration among the artisanal miners of the
ELIPE S.A lacked the necessary documentation, and therefore area, which often leads to conflict. The miners interviewed believe
operations were stopped and the concession holder punished with it is unfair that those who discovered the gold fields in the area
a fine.3 When another inspection was conducted, the experts found even “when it was wasteland” do not even have the necessary
that the underground mining activities continued despite the permits to work the area legally, nor are provided with the
decision to cease operations and impose the fine. Furthermore, the guidance to operate safely. This is what miners are fighting for:
report highlights the environmental mismanagement in the area, their rights.
stating: Although bringing informal artisanal mining activities into the
. . . there is rubbish everywhere, bits of hose, plastics, wood, legal domain can be challenging (Maconachie and Hilson, 2011),
empty containers, scrap metal, etc. The fuel is leaking out of the previous experiences in other Ecuadorian artisanal mining districts
compressor and contaminating the land around it. There aren’t such as Ponce Enríquez or Nambija, suggest that cooperatives play
any rubbish tips and the sterile material is dumped on the banks an instrumental role in facilitating formalisation. In both of these
of the Chinapintza Stream, no signs are observed in the mine cases, regulation allowed for a greater leeway in the negotiation
facilities and workers do not wear the right industrial safety process between the miners, the State and the mining companies
gear.4 (Sandoval, 2010).
The findings reported in this paper highlight the need to
The artisanal miners also claimed in interviews that the
redefine the legal framework for artisanal and small-scale mining
corporate concession holder does not fulfil the environmental
in Ecuador in order to facilitate regularisation and promote more
and occupational health requirements demanded by the law. One
effectively improved training and skills-training for operators.
even went as far as to say that “the Government does not comply
with the Constitution or the Law, it grants the concession to
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