The Longnose Harlequin: the frog that could kill Codelco’s plans in Ecuador

Coming on the heels of the devastating Comptroller General’s findings on the Llurimagua mining concession; formerly known as Junin, the national Ombudsman’s Office has just released an 88 page report on the human rights and rights of nature abuses linked to the aforementioned mining project, formerly known ad Junin, located in the Intag area of Imbabura province.

The report details a host of violations committed by both public institutions as well as mining companies, starting with the highly irregular arrest of the then president of the Junin community, Javier Ramírez, to the violent assault by hundreds of police and military who forced their way into the mining concession, now belonging to Enami, Ecuador’s State-owned mining company.

The mining project is being developed by Enami and Chile’s Codelco which, so far, has bankrolled most of the exploratory activities that ran from 2015 to late 2018. Said exploratory activities were done without any oversight of government entities, leading to over a dozen serious legal violations. The violations were grievous enough that the Comptroller General concluded that the mining concession should have been revoked. The newly released report by the national Ombudsman, also calls for the project to be suspended.

The Ombudsman’s Report

The Ombudsman’s Office is charged with helping to protect against human rights abuses, as well as violations to the rights of nature. The latter is a Constitutional Right incorporated into the country’s 2008 Constitution which gives Nature rights similar to persons. Among many other important findings, the report presents evidence that proves that that several persons in Intag opposed to the mining project are under threat as a the result of the mining project.

The report goes into detailed as to how the State, through its institutions, including the police, plus the lack of oversight of mining operations, violated said rights. Chile’s Codelco has paid for almost all of the mining activities.

Exhortations of the Ombudsman’s Office

The Ombudsman’s office makes a number of clear exhortations to the different Ministries of State, meant to prevent, and or stop violations to human rights, as well as to the rights of nature.

To the Ministry of Energy and Non-renewable Resources, it exhorts it to declare the expiration of Llurimagua mining concession based on the Mining Law, and to report back to the Ombudsman’s office within 3 months.

To SENAGUA, the national water secretariat, to revoke the authorizations for the use of water, given that there is no micro-basin conservation plan, and to inform the Ombudsman’s office in 3 months time of actions taken.

To the Ministry of the Environment, it exhorts it to revoke the project’s environmental license based on impacts to rights of nature, for not carrying out the community’s Constitutional right to the environmental consultation, and for violating the environmental license.

To the Ministry of the Environment, to adopt protection standards for the Junín Community Reserve, which include protection, conservation, restoration, and maintenance of the reserve, based on the existence of the Longnose Harlequin Frog, whose only known habitat is the forest of Junin, now threatened by mining.

The final exhortation is to warn the Ministries that if the actions identified by the Ombudsman’s office are not carried out in the period of time specified, the Ombudsman’s office will take appropriate measures to assure the respect of human rights and the rights of nature.

The Ombudsman’s office also outright declares the Junin Community Reserve a subject with rights; which means it must be conserved, protected and rehabilitated. This is important, and is based on the discovery of the Long-nose Harlequin frog, which only inhabits the forests of the Junin community and nowhere else in the world.

As far as the threats that persons opposed to the mining project face, identified as“defenders of the right of nature”, the Ombudsman’s office declares said individuals under protection, and identifies the State as responsible in case their human rights are violated. Site to download complete report   https://bit.ly/2v6poKz