I've read this one a few time through the years, but it has some interesting bits and might be worth a re-read:

Venezuela: Chávez decrees sacking to Imataca

Julio Hundredth Caesar, 17.11.2004 04:26

* Interests of multinationals of gold pulverized the promises of Chávez * Destruction of ancestral forests, contamination of rivers with cyanide, ecological instability, degradation of indigenous communities, poverty and desolation is the legacies of future generations in this extensive portion of the country
* Law of Indigenous Towns: last nail in the coffin of the natural and cultural wealth of Imataca

The natural resources of the forests of Imataca, in the east of Venezuela, to the south of the Delta of the Orinoco, have been object of the international greed per decades. The fall of the dictatorship of General Marcos Perez Jiménez in 1958 untied a grotesque distribution of natural resources in all the country. Between 1960 and 1968 they were delimited and decreed like “forest reserves” near 11 million hectares of natural forests. One third part of this surface as well was given in forest concessions to a very small group of close friends to the turn politicians. The forest reserves became quickly centers of corruption and concealed sources of financing for the electoral campaigns of the dominant political parties.

In orgía by the distribution of the national resources they were including 3.8 million hectares of virgin forests in Imataca, rich in precious wood, gold, diamonds, receives, bauxite, manganese, water, genetic diversity and energy. Imataca thus contributed to calm part of the greed of carpenters and politicians of the time. The rights of the indigenous communities, ancestral inhabitants of these territories, totally were ignored, in the same way in which the collective interests were excluded from the Venezuelan society.

Between 1960 and the year 2000, the lumber operation mainly concentrated in the rich forest reserves of the center and the West of the country, which had to the availability of road infrastructure, electrical energy, manpower and the proximity of ports and markets. The forests in the forest reserves of Caparo, Ticoporo, San Camilo, River Tocuyo and Turén, among others, were not handled for the sustainable industrial wood production, as it establishes the effective legislation. The incapacity of the Venezuelan State to order and to control the lumber activity, the corruption, the irresponsibility and the avarice allowed that these forests systematically were sacked to enrich to a minority. Undressed of their more valuable wood and distributed the Earth between mercenary merchants and, the lumber companies left these territories. Today it is not nor one of the concessionary companies that during 40 years became rich at the expense of the natural wealth of all the Venezuelans. They left to his step destroyed forests, disappeared rivers, contaminated waters, erosion of the genetic patrimony of the nation, poverty and social degradation. Everything under the auspice accomplice of the Ministry of the Atmosphere and other governmental authorities of turn.

The majestic forests of the forest reserve of Turén were devastated does but of 20 years. Today only breadcrumbs, divided and taken part survive, that as soon as they add 5% of the original forests. Almost the totality than once was the forest reserve of Turén is today under “deprived” property, in the form of agricultural and cattle property. In the forest reserve of San Camilo 400,000 hectares of natural forests have been destroyed, near 90% of their original surface. In the same way it has been destroyed but of half of the original forests of the forest reserves of Ticoporo, Caparo, River Tocuyo and Guarapiche, as well as the denominated wooded lots located to the north of the Orinoco. The forests surpluses in these forest reserves are divided and taken part severely, with little possibilities of survival. The exhaustion of the forest reserves of the center and the West of the country is concentrate the attention in Imataca and the Caura.

The lumber operation in Imataca is not something novel. It was decreed like forest reserve in 1963. Nevertheless, it was not but until years 80 when it was given but of half of his surface in 12 forest concessions, in spite of lacking an ordering plan as it establishes the effective legislation. The interest by forest concessions in Imataca was blotchy by the evidence of gigantic gold deposits in that territory and the extraordinary increase of its price, which was quadruplicated between 1975 and 1980, year in which reached its historical maximum: 614 dollars the ounce. The lumber concessionaires tried to protest right high-priority on the mineral resources in their respective areas of concession.

Most of the initial concessionaires of Imataca ended up leaving the zone due mainly to the lack of road and electrical infrastructure, the ample variety of little well-known species of trees, distance of the markets and difficulties with indigenous manpower. An additional factor was the collapse in the price of the gold, which lost half of its value between 1980 and 1985. Today only 4 lumber companies with a total of 760,000 hectares, 20% of the reserve are operative in Imataca. The deficient control and the corruption that has characterized to the Venezuelan Forest Service during decades, have facilitated a depredadora attitude that has caused serious damages in most of the operated areas.

In Imataca the landlord of logging repeats itself that has devastated most of the given forest reserves in concession in the rest of the country. The forests operate as if they were mines, destroying progressively the most valuable species, degrading the natural ecosystems and eroding the viability of the industrial activity. to continue the effective practical policies and, the lumber activity tends to most of guarantee the destruction of Imataca in next the 20 years.

When the price of gold began to appear between 1985 and 1987, state corporation CVG created the Company of Technical Services Mining C.A (TECMIN). In 1990 TECMIN it projected that for the Venezuela year 2000 it would produce 150 tons of gold per year and that “… with the mining opening a development similar to the one of petroleum can be obtained”. 14 years have passed since then, the gold production is less than 5% of the projected thing by TECMIN and the mining less than continues representing 1% of the gross territorial product of the country.

_El Presidential Decree 1850 (May 1997) _

In 1997 president Rafael Boiler tried to facilitate the industrial operation of the gold deposits of Imataca by transnational companies through Presidential Decree 1850. The mining operation in near 40% of the forest reserve of Imataca was legitimized therefore, in areas partially superposed to forest concessions.

That Decree was tie to a subscribed agreement that same year between Venezuela and Brazil to construct an electrical laying and to provide energy from Venezuela to the city of Boa Vista, in the state of Roraima to the north of Brazil. The electrical laying includes a station in the Claritas, the South portion of the Forest Reserve of Imataca, in order to provide the electrical energy necessary for the industrial operation of the rich auriferous deposits and to impel the lumber operation.

Presidential Decree 1850 generated immediate resistance in diverse political, academic, scientific and environmentalist circles, as well as between civil organizations and indigenous communities. The Atmosphere Commission and Territorial Ordering of the House of Representatives of the old National Congress, the School of Sociologists and environmentalist Anthropologists of Venezuela, groups and indigenous communities asked for the invalidity of Decree 1850 before the old Supreme Court of Justice. In August of 1997 the Court admits the invalidity resource and establishes a moratorium on the mining activity and the delivery of new concessions in this territory. At that time the commander Hugo Chavez was in electoral campaign. One gained the environmentalist confidence of academic, investigating, groups and indigenous communities when appearing like defender of the atmosphere and indigenous the territorial rights. He promised to countermand the 1850 if he reached the presidency of the republic. Before the question of what to do in the case of Imataca responded:
“Our thesis is that the operation of the resources cannot attempt against the future life… If to remove gold it is necessary to end the forest, then I remain with the forest”

In June of 1997, during the heated debate on infamous Decree 1850, the present Vice-president of Venezuela, Jose Vicente Rangel, declared:
“Who will pay ecocidio of Imataca? … The mining transnational companies usually depredate, not in their countries of origin where it exists State and rigorous legal dispositions, but in backward countries… The presence of thousands of small miners devastating the forest reserve of Imataca confirms the lack of State and authority… The government comes motivated by the urgency to project an attractive image of opening gladly, combining the oil tanker with the mining, without sufficient study and consults… The defenders of the environment who oppose the decree on Imataca are not dinosaurios. She is people whom there is to listen and that has not become…”

That same year, the present Atmosphere Minister, Ana Elisa Osorio, the transnational mining in Imataca placed a transfer to its automobile denouncing. In the year 2000, already in his position of minister, it declared:
“The water biodiversity and sources are but important that the gold and the diamonds”

The Constitution of the Bolivariana Republic of Venezuela indicates:
“The State will protect the atmosphere, the biological diversity, the genetic resources, the ecological processes, the national parks, natural monuments and other areas of special ecological importance…” (Article 127). “Of equal way, the State will develop a policy of arrangement of the territory… in agreement with the premises of the viable development, that includes the information, citizen participation consults and…” (Article 128)

_El Presidential Decree 3110 (September 2004) _

Nobody could anticipate essentially that Chávez, already in the exercise of the presidency, would promulgate another decree, the 3110, approved in Cabinet the 7 of September and published in the Official Newspaper the 22/09/2004, ratifying the decisions taken by its predecessor, Rafael Boiler, to impel the industrial gold operation, diamonds and wood in Imataca. This decree was approved in the middle of a great political turbulence, 3 weeks after referendo revocatory presidential of the 15 of August of 2004.

Presidential Decree 1850 never was countermanded, as the present national agent chief executive would promise in his times of candidate. In his place it promulgates, in the sixth year of his mandate, a new decree consolidating the rights of the gold concessionaires, diamonds and wood in the fragile territory of Imataca. It destines 12% of his surface for the mining and forest mixed activity (451,000 hectares), and an additional 60% for the lumber operation (2.25 million hectares). This way the assault to the natural resources of Imataca is legalized finally. They are satisfied the aspirations of the transnational companies of gold and the lumber companies that have devastated, without exception thus, all the forests that have received in forest concessions in the last 40 years in the country.

12% of Imataca formally exposed to the mining operation correspond to the surface previously it jeopardize with the companies favored with concessions and mining contracts for the date of the promulgation of the Decree 1850 of Rafael Boiler. The ordering plan to which Decree 3110 talks about indicates explicitly: “The acquired mining commitments prior to the entrance in use of this Decree, located in the Zones of Ordering where Uso is allowed Mining, will be continued realising in accordance with the predicted thing in the present Decree, the Law of Mines and the effective environmental norm”

The mining activity is, by definition, untenable. He is equally incompatible with the intentions and objectives of the forest reserves and other protected areas under regime of special administration. It comes normally accompanied by the deterioration of the natural resources of the operated areas, the destruction of the biodiversity, the contamination of water sources with mercury and cyanide, and the erosion of grounds. It also comes accompanied from new slumses, which as well generate major pressure on the natural resources and the infrastructure of services of the affected zones. The social and environmental costs of the mining activity especially usually exceed the benefits that it generates for the society as a whole, when lacks an effective capacity monitoring and control and when this activity generates only marginal economic benefits for the society. The main beneficiaries usually are the transnational companies, whereas the social and environmental costs are transferred the society as a whole. In the case of the mining companies with contracts in Imataca, the exemption oscillates between 3% and 5%, following the price of gold, whereas in the oil sector it rises to 30%.

The new plan of ordering allows at least at the moment to triple the surface under operation on the part of the lumber industry, which would most of put in danger the natural forests of the reserve. Near three quarters of the total surface of the reserve it can be subject to the logging, including the 451,000 hectares abiertas to the mining, since these areas are classified as zones for the forest and mining combined handling. At present, approximately 80% of the reserve are cover by natural forests. This plan of ordering omits the introduction you safeguard of them necessary to guarantee that the activity of the lumber industry is in force by lineamientos that lead to an indeed sustainable handling of the forests operated for the commercial wood production. The “forest potential” ingenuously was determined starting off of the number of trees, the considered volume of wood and the facilities of access. Surprising, the fragility of the ecosystems affected, his limited capacity of regeneration, nor its location on equally fragile and poor grounds in nutrients was not considered.

The exemptions in the forest sector are insignificant. For valuable wood but in forest concessions it is equivalent to approximately to 1% of the value of the gross wood (real log m3s) in the national market (Official Newspaper 36758 of the 05/08/1999). For other wood it is less than half. Still if the indicated fiscal dispositions in articles 102, 103, 105 and 105 of the Forest Law of Grounds and Water are considered, the article the 26 of the Law of Fiscal Timbre and resolutions of the SENIAT, the set of taxes and exemptions are inferior to 5% of the value of the gross wood in the market. Venezuela is one of the countries with the lowest taxes for the logging in the world.

The treatment of the indigenous rights is particularly shameful, especially in the light of the effective constitutional rules. Presidential Decree 3110 omits the boundary of the indigenous territories. It tries, in his place, to take care of the rights of the Warao ethnic groups, Arawako, Kariña, Akawaio and Pemón territorial, through the designation of areas for the operation of gold and wood “by indigenous communities”. These will be able as well to subcontract these activities with third parties, thus falling in the vortex of the extractivista and depredadora operation of so criticized neoliberal capitalist model. Coincidentalmente, two thirds of the surface dedicated to the mining corresponds to the zones of handling by indigenous communities.

The exercise of the participating and protagónica democracy, outstanding in the Constitution like requirement for the territorial ordering, tries to be satisfied with the “public consultations” of the plan of ordering initially proposed by the Ministry of the Atmosphere. Nevertheless, aside from the limited one and fixing participation in these “public consultations”, the presidential decree finally approved in cabinet little differs from the project originally submissive discussion. The formulation, discussion, approval and possible implementation of Presidential Decree 3110 deceive the described constitutional rules in article 62 of the Bolivariana Constitution: “All the citizens and citizens must right to freely participate in the subjects public… The participation of the town in the formation, execution and control of the public management is the means necessary to obtain the protagonism that guarantees its complete development…”

In Imataca are great the proven gold deposits but of Latin America. Those of the mine the Cristinas are considered in 11 million of ounces, and those of the mine Breezes in 10 million additional ounces. The joint commercial value only of these two deposits is considered in near 8,000 million dollars to present prices. The Cristinas includes in addition considered copper deposits in 900.000 tons, aside from the important deposits of diamonds, metallic granite and other minerals and nonmetalists located in Imataca.

On the other hand, the value of the potentially exploitable wood in the zones delimited for such aim surpasses the 6,000 million dollars to present prices, in the form of rolas without processing, and assuming that only 70% of this surface indeed are operated in next the 40 years.

These wealth seem to have blinded to the present governors, in the same way in which they blinded to his predecessors. Others, nevertheless, we believed in its promises and ingenuously we trusted that they would have sufficient entereza, bravery and capacity to appreciate the value immensely superior, economic as as much strategic, of the abundant biodiversity, the rich ones and varied genetic resources, the hydric resources, the climatic effects, the imposing natural beauties, indigenous the cultural values and the ecological stability of Imataca. Who thus we thought we will continue in our effort to avoid the depredation of Imataca and to turn it into one of the main legacies, natural, economic and strategic, of future generations of Venezuelans.

_Proyecto of Law on Indígenas_ Communities

In the National Assembly one discusses to a new project of Statutory law of Towns and Indigenous Communities. It seems to be written up by writing desks of lawyers to the service of the mining companies, although it counts on the support of some “indigenous leaders”, potential beneficiaries of the substantial economic benefits that could be derived in the short term. It contemplates the mining operation in indigenous territories, with his consent. Article 42 talks about the right of the natives to not less than receive 5% of the economic activities executed by third parties. They are exhibited these territories to the interference of companies, international nationals or, for the operation of natural resources in conditions decided with the local communities. Like it has happened in other countries, such rules tend not only to aggravate to the territories and their natural resources, but to abuse the indigenous rights and to corrupt their cultural values and their way of life.

Good part of the Venezuelan natives is in national parks and other areas under regime of special administration, like Imataca, the Great Savannah or the Caura. Through this project of law one old aspiration of the mining companies is facilitated: the operation of mineral deposits in national parks and other protected zones of the country. The law project talks about to the exclusive use of indigenous earth on the part of its original settlers. Nevertheless, it leaves the possibility that open these settlers can rent their earth, although article 119 of the Constitution establishes the inalienable and intransferable character of these territories. The evident intention of this project of law, connection to the established thing in Presidential Decree 3110, would even more facilitate the interference of lumber and mining companies in the territories assigned for the operation on the part of indigenous communities in Imataca.

In conclusion, Decree 3110 sacrifices one of the main natural legacies of future generations, the forests of Imataca, in exchange for very poor economic benefits in the short term. It determines the castration of the options for a development indeed sustainable in this extensive portion of the country. In combination with the project of law on indigenous communities, it facilitates that similar situations are repeated in other protected areas of the national territory.