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THREAD: In December, @LCotula travelled to Colombia with law expert @nicolasmperrone & IIED's Brendan Schwartz.
They met with activists, miners, lawyers, mayors & government officials to explore investment disputes & provide a platform for local actors to share views. 1/
They met with activists, miners, lawyers, mayors & government officials to explore investment disputes & provide a platform for local actors to share views. 1/
Over the past 20 years, the páramo of Santurbán, Colombia, experienced a surge in large-scale #mining.
The páramo became the epicentre of tensions between mining companies, public authorities and local communities, and between competing visions of development. 2/
The páramo became the epicentre of tensions between mining companies, public authorities and local communities, and between competing visions of development. 2/
Páramo (noun): a high treeless plateau in tropical South America.
A misty Andean ecosystem, a precious carbon sink, the #páramo of Santurbán has sustained social identity & cultural fabric for centuries.
Also: the páramo is life - an essential source of water. 3/
A misty Andean ecosystem, a precious carbon sink, the #páramo of Santurbán has sustained social identity & cultural fabric for centuries.
Also: the páramo is life - an essential source of water. 3/
And we need to talk about investor-state dispute settlements... ( #ISDS)
These enable multinationals to initiate legal proceedings against states over conduct they believe breaches legal commitments, which could include environmental measures. 4/
These enable multinationals to initiate legal proceedings against states over conduct they believe breaches legal commitments, which could include environmental measures. 4/
The story of investment disputes at Santurbán is complex.
It's not only the story of judges, diplomats & lawyers; it's the story of disputes that don’t reflect local realities - of people who feel the impacts of proceedings yet are often excluded from decision making. #ISDS 5/
It's not only the story of judges, diplomats & lawyers; it's the story of disputes that don’t reflect local realities - of people who feel the impacts of proceedings yet are often excluded from decision making. #ISDS 5/
Local painter Inés Ortiz Correa organised an exhibition on mining and the páramo.
“If we do not defend our ecosystems, we are destroying ourselves. We cannot leave such a serious problem to the future generations.” 6/
“If we do not defend our ecosystems, we are destroying ourselves. We cannot leave such a serious problem to the future generations.” 6/
The @ComiteSanturban has campaigned to protect the páramo & people’s right to water.
“These ecosystems are vital for life in our country. We cannot permit the water sources of our páramo to be threatened.” 7/
“These ecosystems are vital for life in our country. We cannot permit the water sources of our páramo to be threatened.” 7/
Authorities have strengthened environmental protection in the páramo, causing friction with mining companies. Adding to the complexity are artisanal miners who find their traditional way of life at odds with environmental regulations & corporate mining. 8/
Canadian mining companies have initiated 3 arbitrations against Colombia’s government over Santurbán.
The companies are relying on the #ISDS clauses of the trade agreement between Canada & Colombia to seek compensation for measures protecting the #páramo. 9/
The companies are relying on the #ISDS clauses of the trade agreement between Canada & Colombia to seek compensation for measures protecting the #páramo. 9/
The #ISDS disputes are multi-dimensional, not binary between investors & states.
Investment law scholar @nicolasmperrone suggests that communities that have a lot at stake have remained almost invisible to the international investment regime. 10/
Investment law scholar @nicolasmperrone suggests that communities that have a lot at stake have remained almost invisible to the international investment regime. 10/
Eco Oro mining company is seeking some $760m in damages. While the 3 #arbitrations are ongoing, many of the submissions made by the companies & the state are not publicly available, and there is little information about the parties’ detailed arguments on both facts & law. 11/
. @ComiteSanturban activists applied to make a submission in one of the proceedings, to raise issues about human rights and the environment, but their application was rejected. They now fear that if the companies win then taxpayers will foot the bill. 12/
The Canada-Colombia trade treaty includes provisions to facilitate transparency & public participation.
But at the January 2020 Eco Oro #ISDS hearing at the World Bank in Washington DC, the publicity requirement was met by broadcasting the proceedings into a separate room. 13/
But at the January 2020 Eco Oro #ISDS hearing at the World Bank in Washington DC, the publicity requirement was met by broadcasting the proceedings into a separate room. 13/
The international investment regime is part of the problem. There are issues about who has a say in #ISDS & whose rights are considered, but reforming ISDS procedures would not address the more fundamental questions about the overall architecture of foreign investment. 14/
The people of #Santurbán have demonstrated the complexities of investment disputes – & how partial & removed the #ISDS system appears from the ground up.
Listening to their perspectives might help shape a governance system that does justice to local rights & realities. /ENDS
Listening to their perspectives might help shape a governance system that does justice to local rights & realities. /ENDS
Read the full, and complex, story of mining, the environment and livelihoods in Colombia, by @LCotula --> https://www.iied.org/investment-disputes-below-whose-rights-matter
And watch the visually stunning documentary: Water before gold: voices from Santurbán -->
And watch the visually stunning documentary: Water before gold: voices from Santurbán -->
Image credits for this thread:
Tweet 1 yonolatengo via Flickr; 2 Nick Turner/IIED; 3/9/10/11/14 Lorenzo Cotula, IIED; 4 Robert via Flickr;
13 Heather Elliott/World Bank, via Flickr
Full details and links can be found in the long read.
Tweet 1 yonolatengo via Flickr; 2 Nick Turner/IIED; 3/9/10/11/14 Lorenzo Cotula, IIED; 4 Robert via Flickr;
13 Heather Elliott/World Bank, via Flickr
Full details and links can be found in the long read.
