REDESCA Warns About the Impact of Illegal Gold Mining and Urges the Guarantee of a Healthy Environment

March 18, 2025

Washington, DC—The Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights (REDESCA) of the Inter-American Commission on Human Rights (IACHR) expresses its concern over the devastating effects that illegal gold mining is causing on the environment, ecosystems, and communities in the region. This illicit activity has led to severe impacts on Indigenous communities, biodiversity, and the region's social stability.

During a thematic hearing before the IACHR in November 2023, various civil society organizations raised concerns about the magnitude of the environmental and social impacts of illegal mining, specifically addressing the situation in several countries, including Nicaragua, Venezuela, Brazil, Bolivia, and Peru. It was highlighted that mercury contamination in various river basins has reached alarming levels, affecting the health of Indigenous and local communities, particularly in the Amazon region. Furthermore, the uncontrolled expansion of this activity in high-biodiversity ecosystems has devastated protected areas and ancestral territories, exacerbating the environmental and social crisis.

In October 2024, the IACHR and REDESCA warned about the critical situation of the Yanomami people in the Orinoco Mining Arc, denouncing forced displacement, violence, and the health crisis resulting from illegal gold extraction. They highlighted mercury contamination, which worsens malnutrition and the spread of infectious diseases, and pointed to the presence of armed groups and human trafficking networks that have deepened the humanitarian crisis in the region.

In Colombia, as observed by the IACHR and REDESCA during their recent in loco visit, illegal gold mining has been identified as one of the main causes of river contamination and forced displacement of communities, due to its close links with illicit economies and illegal armed groups. In some regions, this activity serves as a funding source for criminal organizations, leading to increased violence against rural communities and environmental defenders.

Additionally, during a thematic hearing in the last session on the rights of Indigenous peoples in the face of extractive projects in Suriname, detailed information was presented on the severe environmental and social impacts associated with gold mining in the country. It was highlighted that illegal mining, as well as artisanal and small-scale mining, are having devastating effects on the environment due to the use of toxic substances such as cyanide and mercury. These practices have resulted in the contamination of water sources, affecting the health of local communities and poisoning populations for decades.

In some countries, gold mining, even when legal, operates under legal frameworks that allow for the avoidance of environmental regulations or develops without effective oversight mechanisms, replicating many of the issues identified with illegal mining. In several cases, these activities benefit from tax exemptions, relaxed environmental regulations, and other incentives that enable them to operate within a framework of apparent legality but with significant negative impacts on ecosystems and local communities.

REDESCA takes note of the existence of legislative initiatives that could compromise the protection of human rights and the environment if not accompanied by adequate regulations, effective oversight mechanisms, and compliance with inter-American standards, particularly those related to prior, free, and informed consultation.

The IACHR has already analyzed— for example— the environmental and human health impacts resulting from the use of mercury in artisanal and small-scale gold mining in Bolivia, as part of its most recent report on the country's situation. This issue had previously been the subject of a thematic hearing in which organizations denounced the lack of adequate regulation regarding the use and importation of mercury for mining activities.

The Special Rapporteurship has also taken note of cases where countries have established bans on open-pit mining, as occurred in Honduras in 2022, which has been documented in the Commission's most recent report on the country. However, reports indicate that these activities persist. For example, in the San Andrés mine, where environmental damage has been reported, as well as impacts on the rights of communities and their territories.

Likewise, another case under analysis by the Special Rapporteurship concerns El Salvador, which, after banning metal mining in 2017, repealed this measure by approving a new General Law on Metal Mining on December 23, 2024, reintroducing mining activities in the country. This initiative has raised concerns among experts and environmental defenders regarding the potential contamination of water sources, loss of biodiversity, and deforestation.

While it is noted that various international treaties, such as the Escazú Agreement, the Minamata Convention on Mercury, and the Convention on Biological Diversity, have established key regulatory frameworks to mitigate the environmental and social impact of gold mining and promote environmental governance based on human rights, significant gaps remain in their ratification and effective implementation. Even among State Parties, the implementation of concrete measures in accordance with their international obligations and commitments has been uneven. In some cases, the lack of enforcement and oversight mechanisms has weakened the impact of these regulations in practice. Given this scenario, REDESCA considers it essential to promote the ratification of these instruments and to strengthen regional cooperation to ensure their effective implementation.

The Special Rapporteurship highlights that the overlapping of Indigenous territories with protected areas, the expansion of extractive activities, and the granting of mining rights in Indigenous territories without adequate processes of prior, free, and informed consultation further exacerbate the vulnerability of affected communities. In light of this reality, REDESCA urges States to prioritize the demarcation, titling, and effective protection of Indigenous territories exposed to mining, ensuring their right to self-determination and their participation in decision-making processes regarding extractive projects on their lands. Furthermore, REDESCA calls on States to strengthen regulatory frameworks and oversight mechanisms, ensuring compliance with Inter-American standards on human rights and environmental protection in all mining activities, regardless of their legal status.

Finally, REDESCA urgently calls on the States of the region to strengthen international cooperation to eradicate illegal mining from a human rights and sustainability perspective. It is imperative that States implement joint strategies to combat the expansion of this illicit activity, reinforcing information exchange, resource traceability, and control over the trade of essential inputs, such as mercury.

The Special Rapporteurship on Economic, Social, Cultural, and Environmental Rights is an office created by the Inter-American Commission on Human Rights (IACHR) with the objective of strengthening the promotion and protection of economic, social, cultural, and environmental rights across the Americas, leading the Commission's efforts in this area.

No. RD054/25

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