Tailings dam rupture on the "Armijos" plant, owned by the Ecuadorian company Austro Gold Ltda (foto: Diario El Mercurio).

Tailings dam collapsed in the province of Azuay, Ecuador

Tailings dam collapsed in the province of Azuay, Ecuador

The recent collapse of a tailings dam in Ecuador confirms once again the potential damage the country could suffer if the government continues to promote metal mining projects. The social and environmental impact does not outweigh the limited economic benefits.

On Thursday 2nd of July 2020, a tailings dam of a mine in the province of Azuay in the south of Ecuador collapsed, spilling more than 50 tons of toxic mining waste in the river Tenguel. This happened in the canton of Ponce Enríquez, directly affecting the community of Santa Martha. The spill occured on the “Armijos” plant, owned by the Ecuadorian company Austro Gold Ltda. Mining activities on the plant have currently been suspended.

The Ministry of Energy and Non-Renewable Natural Resources reported in an official statement on the 3rd of July that inspections are carried out in the region to assess the environmental damage caused by the spill. The Ministry in its official communication minimizes the impacts and maintains the discourse that responsible mining in Ecuador is possible. Local authorities too downplay the impact of the current events. The mayor of the town Ponce Enríquez adheres to the possibility of ‘‘mining without contaminating the water”.

Environmental and human rights organisations refer to the recent tailings collapse as evidence that responsible mining, as the Ecuadorian government is proclaiming, does not exist. The 50 tons of toxic sediments that flowed into the Tenguel river are a clear sign of the unsustainability of the ‘legal’ mining industry. 

Contamination of the Tenguel river, affecting communities and aquatic life (foto: Diario El Mercurio).

The mine in Ponce Enríquez, operated by the company Austro Gold Ltda, is a rather small mine compared to the strategic, mega-mining projects in the country such as El Mirador or Fruta del Norte. However, environmental experts consider the recent events in Ponce Enríquez as a warning sign for the possible devastation that larger mining projects can cause, referring to the recent disaster in Brumadinho (Brasil, January 2019).

In comparison with the large scale copper project El Mirador in the province of Zamora Chinchipe, experts point out that the 50 tons of chemical waste, polluting the environment in Ponce Enríquez, equivalate to the waste that the Mirador mine will soon produce in only 1 minute and 13 seconds of its operations.

The Mirador mine, which started a first production phase in July 2019, will process 60.000 tons of rock material on a daily basis, of which 58.800 tons will be toxic waste. If a tailings spill would occur on the Mirador site, the impacts would be devastating. Scientists have already sent out clear warnings about the Mirador project, highlighting the risks of a 260 m high tailings dam, which is currently under construction, in a geophysically sensitive zone, characterized by high rainfall and prone to earthquakes.

Satellite picture of the Mirador Proyect and the planned mining infrastructure (source: maaproject.org).

The Ecuadorian government and the mining companies carry the obligation and responsibility to remediate affected water sources. Nevertheless, the social and environmental damage in Azuay has been done, affecting aquatic life and communities dependent on the river in their daily lives. 

The current approach of the Ecuadorian government is to promote the mining sector as the solution for the economic difficulties that the country is facing. The mining industry has been impulsed during the COVID-19 quarantaine measures and is seen as a post-pandemic exit strategy. However, this policy does not take in account the economic, social and environmental consequences of mining, as the recent events in Ponce Enríquez made brutally clear.

Mining in Azuay: a David vs. Goliath story

Mining in Azuay: a David vs. Goliath story

Azuay, a province in the south of Ecuador with Cuenca as its historic and cultural provincial capital, has rapidly developed into an emblematic region in the fight against mining. 

In the canton of Girón, in the province of Azuay, a public consultation (Consulta Popular) was organized on the 24th of March 2019 about the large-scale mining project Loma Larga. An historic event, because it was the first local referendum in Ecuador on a mining activity. 

During the Consulta Popular in Girón, the inhabitants were asked whether they agreed with extracting gold in the Páramo of Kimsacocha, located in the Cajas National Park. A páramo is a fragile ecosystem in the Andes High Mountains that is vital for water supply in the region and in the country. 

The result of the referendum was convincing! 87% of the community preferred water to gold and said “si a la vida, no a la minería”. An important precedent in Ecuador, because after this victory, other provinces tried to follow suit. Imbabura and Carchi, two provinces in the north of Ecuador, recently submitted an application for a Consulta Popular, but unfortunately this has been rejected by the Ecuadorian Constitutional Court. 

Also in terms of political leadership, the importance of the province of Azuay should not be underestimated. In May 2019 the inhabitants elected Yaku Pérez Guartambel as the new prefect. Since then, he has led the autonomous government of the province of Azuay. 

Yaku Pérez is known for his strong statements against the mining sector and his ambition to legally clear the province of Azuay from metal mining, in particular by organizing referendum. Yaku Pérez quickly became a symbolic figure in the country. 

Yaku Pérez at the demonstration in Quito, 16 September 2019 © Iván Castaneira

A constitutional problem 

Following the victory of the referendum in the canton of Girón, Yaku Pérez called for a general referendum on mining activities in the province of Azuay. This question was submitted to the Constitutional Court, but after a hearing on the 17th of September 2019, this request has been rejected. 

Pérez clearly expressed his dissatisfaction with the nature of the hearing. According to him, the President of the Court must hold a public hearing before taking a decision, as is customary in constitutional matters. “We want a public hearing so that we can look the judges in the eye and speak from the heart. To demonstrate in a factual and legal way the need for a public consultation,” according to Pérez.

Demonstration in front of Constitutional Court in Quito, 17 September 2019 © Iván Castaneira

Moreover, there is a conflict of interests within the Court. One of the constitutional judges, Dr. Ramiro Avila Santamaria, was not allowed to take part in the hearing because of earlier statements against extractivism. Other judges, who clearly have ties with the mining sector, were allowed to participate. Judge Carmen Corral is a lawyer at Solines Asociados, a law firm that provides advice and support to mining companies. Another judge, Hilda Nugues, is a member of the mediation committee of the Guayaquil Chamber of Commerce, which has spoken out against the referendum. 

There is clearly a lot of pressure from the national government and the large multinationals. There is great concern about what happened in Girón and fear about the outcome of such referendum at provincial and national level.

'SOMOS AGUA', demonstrators from Azuay in Quito, 16 September 2019 © Iván Castaneira

Campaign against Yaku Pérez 

It was no coincidence that on the same day as the hearing, the pro-mining sector distributed a campaign on Twitter in which they attacked Yaku Pérez. 

They claimed that Pérez would have had mining concessions in the period 1999-2000 because his name was found in the mining register. 

Yaku Pérez disclaimed this argument. At the time, as a lawyer, he would have signed documents for the extraction of sand and stones for construction works in the province. This type of mining also is registered, but it doesn’t concern metal mining.

The battle continues 

Following the negative decision of the Constitutional Court, Pérez announced that he would step up the resistance and open a wider door by organizing a referendum at national level. 

The Ecuadorian Constitution recognizes the Consulta Popular as a legal citizens’ initiative. However, the mining industry and the Ecuadorian government argue that local consultations on mining cannot take place because the natural resources in the subsoil are a matter of national concern. 

'SOMOS AGUA', demonstrators from Azuay in Quito, 16 September 2019 © Iván Castaneira

Moreover, the constitution states that the powers of various policy bodies are not exclusive, but competitive. “You may be the owner of what is in the subsoil, but you have to pass over the soil,” says lawyer Verónica Potes, expert in environmental law and human rights. 

“It’s a battle of David vs. Goliath”, says Yaku Pérez, “There aren’t many of us, but we have the truth, the reason and the legitimacy to our advantage. We continue the resistance and if necessary, we will denounce this issue before the international courts.”