Mining areas under Special Administrative Regime (open) 56

One aspect that revealed the dispute over gold mine "Las Cristinas", in Imataca (Edo. Bolivar), demonstrates the difficulties that the Venezuelan State with regard to the exercise of sovereignty over natural resources, especially when subscribe contracts with transnationals to exploit them. One aspect that revealed the dispute over gold mine "Las Cristinas", in Imataca (Edo. Bolivar), demonstrates the difficulties that the Venezuelan State with regard to the exercise of sovereignty over natural resources, especially when subscribe contracts with transnationals to exploit them. It is important to pause to consider strategies that the State used during the period covered by this report, to continue the exploitation of the mine "Las Cristinas" without giving a new concession in Imataca, as a precautionary measure prohibits emanated from the former Supreme Court (CSJ), today the Supreme Court of Justice (TSJ) to demand annulment of Decree 1,850, Management Plan and regulations governing use of the Imataca Forest Reserve, filed by environmentalists, Environment Commission of the Chamber of Deputies of the former Congress and by 57 indigenous representatives. It is important to pause to consider strategies that the State used during the period covered by this report, to continue the exploitation of the mine "Las Cristinas" without giving a new concession in Imataca, as a precautionary measure prohibits emanated from the former Supreme Court (CSJ), today the Supreme Court of Justice (TSJ) to demand annulment of Decree 1850, Management Plan and regulations governing use of the Imataca Forest Reserve, filed by environmentalists, Environment Commission of the Chamber of Deputies of the former Congress and by 57 Indigenous representatives.

Many transnational require, to invest in Venezuela, have control shareholder in the business of exploiting natural resources (gold, oil, gas, etc.) and that contracts, among other things, provide for a clause stating that mandatory resort to arbitration in foreign courts, where there are differences between the parties and they have failed to settle through friendly. Many transnational require, to invest in Venezuela, have controlling shareholder in the business of exploiting natural resources (gold, oil, gas, etc.). And that contracts, among other things, provide for a clause stating that mandatory resort to arbitration in foreign courts , Where there are differences between the parties and they have failed to settle through friendly. This represents a loss of sovereignty. This represents a loss of sovereignty. In 1992 Placer Dome Inc., a Canadian transnational mining, reached a contract with such characteristics associated with the CVG in the project Minera Las Cristinas (Minca), to exploit the gold mine "Las Cristinas", located in the Book Imataca Forest. In 1992 Placer Dome Inc.., A Canadian transnational mining, reached a contract with such characteristics associated with the CVG in the project Minera Las Cristinas (Minca), to exploit the gold mine "Las Cristinas", located in the Imataca Forest Book. In the first half of 2001, Placer Dome decided unilaterally to transfer 95% of its shares in Minca (70% and 30% Placer Dome CVG) to the Canadian mining company Vanessa Venture 58. In the first half of 2001, Placer Dome decided unilaterally to transfer 95% of its shares in Minca (70% and 30% Placer Dome CVG) to the Canadian mining company Vanessa Venture 58. Vanessa Venture The company argued that the transfer of shares is legitimate, because it acquired through a sale process. Vanessa Venture The company argued that the transfer of shares is legitimate, because it acquired through a sale process. Erich Rouguth, chairman of the board of Minca, assured that this company is the current holder of the contract to operate "Las Cristinas" 59. Erich Rouguth, chairman of the board of Minca, assured that this company is the current holder of the contract to operate "Las Cristinas" 59. The CVG, meanwhile, ignored the sale of 95% of the shares in November 2001 and took possession of the mine, in the presence of a court, prosecutors Publico (MP) and troops of the National Guard (GN) under the argument of breach of contract with Minca 60. The CVG, meanwhile, ignored the sale of 95% of the shares in November 2001 and took possession of the mine, in the presence of a court, prosecutors Publico (MP) and troops of the National Guard (GN) under the argument of breach of contract with Minca 60. Marianna Almeida, legal representative of Vanessa Venture, announced that requested the annulment of administrative act by the CVG by which took possession of the mining camp and go to Supreme Court to compel arbitration go to 61. Marianna Almeida, legal representative of Vanessa Venture, announced that requested the annulment of administrative act by the CVG by which took possession of the mining camp and go to Supreme Court to compel arbitration go to 61.

In a decision issued on 19.03.02, the Supreme Court recognized the validity of the contract for exploration, development and exploitation of gold in the mine "Las Cristinas", and noted that the contract between the CVG and Minca contains clauses that oblige the first to go amicable way and not reached a settlement, to submit their differences to arbitration 62. In a decision issued on 19.03.02, the Supreme Court recognized the validity of the contract for exploration, development and exploitation of gold in the mine "Las Cristinas", and noted that the contract between the CVG and Minca contains clauses that oblige the first to go amicable way and not reached a settlement, to submit their differences to arbitration 62. In a sense contrary, the subcommission of Basic Industries of the Comptroller Committee of the National Assembly (AN), chaired by deputy Rafael Simon Jimenez, issued a resolution which concludes recommend to MEM granting concessions to the CVG and gold copper "Las Cristinas" at the earliest possible 63. In a sense contrary, the Subcommission of Basic Industries of the Comptroller Committee of the National Assembly (AN), chaired by deputy Rafael Simon Jimenez, issued a resolution which concludes recommend to MEM granting concessions to the CVG copper and gold "Las Cristinas" at The earliest possible 63. In the same vein, by resolution of the Minister of Energy and Mines, Alvaro Silva Calderon, published in Official Gazette no. In the same vein, by resolution of the Minister of Energy and Mines Alvaro Silva Calderon, published in Official Gazette no. 37,400, 08.03.02, the Republic decided to resume "full rights to hold on concessions gold outdated and extinct Las Cristinas 4, 5, 6 and 7 [...] declaring expiration of concessions for exploration and subsequent exploitation of alluvial and copper vein "in these plots 64. 37400, 08.03.02, the Republic decided to resume "full rights to hold on gold concessions outdated and extinct Las Cristinas 4, 5, 6 and 7 [...] declaring expiration of concessions for exploration and subsequent exploitation of alluvial and copper vein "in these plots 64.

According to the interpretation of the spokesmen of the Society of Friends in Defense of the Great Savannah (Amigransa), Decree 1,850 applicants, and taking as reference the latest resolution of the MEM on the mine "Las Cristinas", this body can not (nor should ) To grant a new concession in "Las Cristinas", while the measure remains in force emanating from the former CSJ and until now the Supreme Court did not take a decision on the application for annulment of Decree 1,850 65. According to the interpretation of the spokesman of the Society of Friends in Defense of the Great Savannah (Amigransa) Decree 1850 applicants, and taking as reference the latest resolution of the MEM on the mine "Las Cristinas", this body can not (nor should) To grant a new concession in "Las Cristinas", while the measure remains in force emanating from the former CSJ and until now the Supreme Court did not take a decision on the application for annulment of Decree 1850 65. This could explain, according to spokesmen for Amigransa, raising Francisco Rangel Gomez, president of the CVG, who indicated that the MEM "not [them] is giving a concession. This could explain, according to spokesman for Amigransa, raising Francisco Rangel Gomez, president of the CVG, who indicated that the MEM "not [them] is giving a concession. That is over. That is over. What we get is an authorisation to negotiate and to take under our tutelage Las Cristinas 4, 5, 6 and 7, with the aim of seeking an operator in charge of the project […] Even now, Anglo Gold, Gold Book and Cristallex, have shown interest "66. What we get is the authorization to negotiate and to take under our tutelage Las Cristinas 4, 5, 6 and 7, with the aim of seeking an operator in charge of the project […] Even now, Anglo Gold, Gold Book and Cristallex, Have shown interest "66.

The Company Cristallex, after five years of legal dispute for the rights on "Las Cristinas", obtained from the CVG, in the third quarter of 2002, the contract operations on the mine. The Company Cristallex, after five years of legal dispute for the rights on "Las Cristinas", obtained from the CVG, in the third quarter of 2002, the contract operations on the mine. This decision was in protest at Minca and press release, published on 17.09.02, expressed that "the lack of legal certainty will delay indefinitely the Las Cristinas project and prevent further financing and feasibility" 67. This decision was in protest at Minca and press release, published on 17.09.02, expressed that "the lack of legal certainty will delay indefinitely the Las Cristinas project and prevent further financing and feasibility" 67. In view Amigransa, which accuses the delay this project should facilitate the launching of the much requested and required consultation with civil society, required to decide on the future of the Imataca Forest Reserve, in order to preserve these valuable ecosystems for this and future generations 68. In view Amigransa, which accuses the delay this project should facilitate the launching of the much requested and required consultation with civil society, required to decide on the future of the Imataca Forest Reserve, in order to preserve these valuable ecosystems for this and future generations 68 .

Another issue that raised concern was the gold mining in national parks and forest reserves in Edo. Another issue that raised concern was the gold mining in national parks and forest reserves in Edo. Amazon. Amazon. This, despite that since 1989, by Presidential Decree No. 269, was banned mining in Edo. This, despite that since 1989, by Presidential Decree No.. 269, was banned mining in Edo. Amazon 69. Amazon 69. The return of mining, apart from being illegal, cause environmental damage and problems for the indigenous population 70. The return of mining, apart from being illegal, cause environmental damage and problems for the indigenous population 70. The subcommittee Biodiversity of the Committee on Environment of the NA, found the gold mining taking place in three national parks and two reserves, with 12 outbreaks of extraction, which presumes are involved dozens of Brazilian miners, 71 Colombians and Venezuelans. The Biodiversity subcommittee of the Committee on Environment of the NA, found the gold mining taking place in three national parks and two reserves, with 12 outbreaks of extraction, which presumes are involved dozens of Brazilian miners, 71 Colombians and Venezuelans. Diógenes Palau, secretary of government of Edo. Diógenes Palau, secretary of government of Edo. Amazon, which have been deforested estimated at least 500 ha. Amazon, which have been deforested estimated at least 500 ha. 72 by this activity. 72 by this activity.

The protective zone south of Edo. The protective zone south of Edo. Bolivar, an area of major emerging Caroní River, which feeds the Guri Hydroelectric Complex, is seriously degraded by intensive mining, especially in the river Icabarú. Bolivar, an area of major emerging Caroní River, which feeds the Guri Hydroelectric Complex, is seriously degraded by intensive mining, especially in the river Icabarú. The Venezuelan authorities have more than 20 years trying to control the mining in the river basin Caroní, without obtaining results. The Venezuelan authorities have more than 20 years trying to control the mining in the river basin Caroní, without obtaining results. The MARN is considering declaring la Cuenca del Caroní free zone mining, as a measure of preservation of the Guri Dam, which provides more than 75% of the country's energy 73. The MARN is considering declaring la Cuenca del Caroní free zone mining, as a measure of preservation of the Guri Dam, which provides more than 75% of the country's energy 73.