**3. Afro-descendant community councils**

Afro-descendants are a group of families that have proclaimed their own culture and traditions. Transitory article 55 of the 1991 political constitution and the subsequent issuance of Law 70 of 1993 allowed the recognition of these communities in the national territory. This meant the possibility of forming community councils for Afro-descendant populations, in order to collectively title the lands where they traditionally have lived [40].

The establishment of Afro-descendant community councils is one of the main tools to safeguard the rights of these populations. Thus, a number of political and **Department Number of collective titles % Based on total titles** Chocó 57 35.2 Nariño 41 25.3 Valle 33 20.4 Cauca 17 10.5 Antioquia 12 7.4 Risaralda 2 1.2 Total 162 100

*Socio-Economic and Environmental Implications of Gold Mining in Afro-Descendant… DOI: http://dx.doi.org/10.5772/intechopen.96407*

#### **Table 1.**

*Source: PNUD [5].*

*Departments with the largest number of collective territories titled in Colombia.*

social acts are favored for the well-being of each of the individuals who are part of the community, thus backing free and independent decisions in the realization of their projects, their own political organization, and collective titling of their territories. For these communities, the right to territory is inalienable [8, 41].

In the context of environmental management, participation of community councils in decision-making is not only essential, it is also mandatory on the part of entities and/or companies that seek to develop economic projects that involve territories in which these communities inhabit. Thus, Colombian legislation has established that those responsible for the project to be carried out must prepare environmental studies with the participation of these ethnic groups [42].

In Colombia, the vast majority of community councils and collective territories are located in the departments of Chocó, Nariño and Valle del Cauca (**Table 1**). These organizations are in charge of titling such areas, implying to date, an approximate of 162 [5]. Some of the most recognized councils in the country are: Bajo Mira, Los Cardonales, Playa Renaciente, Santianga, Santo Domingo de Tanando, la Toma, Cajambre River, Naya River, Salahonda, Caribbean Community Councils network and the Cauca Community Council network [43, 44].

#### **4. Gold mining in Colombia and laws related to this activity**

In Colombia, mining activities, and in particular those related to gold extraction, imply great economic interest by large public and private entities within the legal framework of their projection, as well as by small communities who carry out these processes in an artisanal way. In the country, Antioquia, Chocó, Bolívar, Nariño, Caldas and Cauca, are consolidated as the departments with the highest gold production, with a total of 1.32 million ounces, between 2015 and 2017 [45].

Although it is true that in Colombia there are a number of gold mining activities that do not have a mining title, the country has developed some strategies in order to regulate these processes. Thus, Law 685 of 2001 was designed with the purpose of controlling the technical aspects of these activities and promoting the exploitation of mining resources within the framework of legality. In addition, the code states that such activities must be met through multiple stages, which include prospecting, exploration, construction and assembly, exploitation, processing, transformation, and transportation and promotion of minerals found in the soil or subsoil, since they are of national or private property [46].

On the other hand, article 79 of the constitution establishes that all people have the right to enjoy a healthy environment. The law also guarantees the participation

of communities in decisions that may affect them. It is the duty of the State to protect the diversity and integrity of the environment, as well as to conserve areas of special ecological importance, through the promotion of education [4]. Another of the efforts that the government has made to regulate mining activities in the country consists in the issuance of the General Environmental Law of Colombia (99–1993), by which the Ministry of the Environment was created, whose main function is the protection of resources and due process for the execution of environmental projects [47].

Given that one of the main problems of gold mining activities carried out on the territories in which afro communities live is the release into the environment of Hg used for gold extraction, with the consequent appearance of toxic effects on ecosystems and human beings [48], on October 10, 2013, the Government of Colombia, along with 91 other countries, signed the Minamata Convention on Hg [49]. This treaty seeks to protect human health and the environment from anthropogenic emissions of this toxic element. Thus, the country deposited the Instrument of Ratification of the Convention on August 26, 2019, thereby becoming an active member of this organization [50].

Additionally, the commitment to the Minamata Convention led the Congress of the Republic to approve Law 1658 of July 15, 2013, through which a series of provisions are established for the commercialization and use of this toxic element in different industrial activities, setting requirements and incentives for its reduction and elimination [51]. The Ministry of Environment and Sustainable Development joined these initiatives in 2015, formulating, together with several government entities, the Single National Hg Plan, with the aim of developing strategies that lead to an early application of the Minamata Convention. This Plan was, at the time, considered the first route to be followed by the National Government for the implementation of mechanisms that contribute to the gradual and definitive elimination of Hg in the mining, industrial and commercial processes throughout the national territory, and that affect the environmental health of ecosystems [52].

Despite the aforementioned actions, mining from its foundations in pre-Colombian times to the present day is governed under illegality policies, using ancient techniques that are very difficult to change, and that contaminate the environment and, in turn, harm the health of the populations that inhabit these sectors [53]. Given that these sectors or collective territories correspond to areas of great biodiversity, the exploitation of resources by private companies have increased, and although they generate an economic contribution to the communities, they also constitute a potential hazard for both Afro-descendant and indigenous peoples [54].

#### **4.1 Socio-economic impacts of mining activities**

In many countries, gold mining is an activity of great economic impact. Thus, its defenders allege that its development allows the use of resources of territories, which is reflected in financial and trade benefits. In Colombia, mining projects, in addition to generate income to the affected areas, occupy an important place in the general economy of the country. Additionally, without taking into account the conditions in which they are developed, they involve local labor, a situation that positions this activity as one of the main livelihoods for low-income families [55, 56].

Small-scale gold mining is an important livelihood opportunity in Colombia. Since most of the mining is done in informal spheres, it is not easy to get exact numbers. For instance, in Latin America it is estimated that there are currently more than 500.000 active small-scale gold miners. This number does not yet include the number of people who indirectly depend on this sector by providing services to miners, which would be many hundreds of thousands more [57].

#### *Socio-Economic and Environmental Implications of Gold Mining in Afro-Descendant… DOI: http://dx.doi.org/10.5772/intechopen.96407*

Despite the possible benefits of resource extraction as an economic activity, there are many other adverse effects for the populations that live in the territories where the exploitation processes take place. In the particular case of Colombia, gold mining brings with it a set of complex situations, including violence, illegality, and armed conflict [58, 59]. According to Andrade et al. [60], in the case of large-scale mining, it is important to recognize that it is a powerful political and economic actor, which usually generates imbalances between companies and governments, with detrimental effects on sovereignty and governance. As such activities demand a lot of capital; they could have effects on the local and national economy, especially because their development and employment implies the distribution of income and rents. The fact that localities impacted by small-scale gold mining generally have a weak institutional development, favors the prevalence of income extraction models over the generation of economic and social value. In the case of mining activities that are carried out in a legal form, there could also be participation of environmental NGOs, which are co-opted by private interests, with may indicate potential damage to environmental public goods.

In Colombia, gold mining is considered one of the greatest generators of foreign exchange, but as a large percentage of this activity is illegal, these resources cannot be used. According to the National Development Plan 2018–2022, the importance of the mining-energy sector is reflected in the main macroeconomic variables. For 2017, the GDP of the sector amounted to \$ 44.2 billion, equivalent to a 5.35% of the total; contributed royalties of \$ 6.9 billion; exports for USD 20.9 billion FOB, equivalent to 55% of the country's total exports, and represented USD 4.1 billion in direct foreign investment (6.65% of the total). The current development plan has established as a priority, to carry out these activities with environmental and social responsibility, since these activities are considered as one of the engines of economic growth in Colombia, at the same time that the sector attracts investment, generates royalties, taxes and compensation, resources that the Government considers necessary for the reduction of poverty and territorial development [61].

According to this Plan, the mining-energy industry must establish new productive chains in the territories, which seek the generation of goods and services with greater added value, increasing national and territorial income, strengthening local employment and increasing national productivity. On the other hand, to guarantee the security of energy supply, the development of different forms of generation is required, consolidating current sources and promoting the country's participation in the international energy market. Energy security represents for Colombia an unrepeatable opportunity to strengthen national competitiveness and promote regional development and other sectors. To achieve this objective, it is necessary to consolidate the sector as a catalyst for the development of sustainable territories and to carry out actions that ensure agility, timeliness and coordination in decisionmaking by national and territorial government entities, to ensure their orderly and responsible use.

For its part, the 2010–2014 Development Plan classified mining as one of the five development locomotives in the country and prohibited dredgers, mini-dredges, backhoes and other mechanical equipment in mining activities without a title or license. However, the use of this machinery, instead of decreasing, has multiplied to date. Only in Chocó, according to the report of the United Nations Office for Drugs and Crime in mid-2016, the presence of dredgers grew between 2012 and 2013 by 184 percent, and that department, along with Antioquia, has 79 percent of the 78.939 hectares devastated by illegal mining in recent years. The figure may be higher, as excavations multiply every day.

According to national reports, the Comptroller General of the republic has established that part of the responsibility for this uncontrolled increase in the

phenomenon lies in the lack of preventive actions, imposition of sanctions and also in the absence of technical support to Police operations by the Regional Autonomous Corporations. Likewise, the control body reports that the processes carried out by the CARs hardly end with a real sanction and actions that repair the damage caused. The same happens in the criminal part. Thus, of 75 cases prosecuted between 2011 and 2015 in Antioquia, only six ended with an accusation against the offenders; in Cauca, out of 51 processes, only 4 were indicted. The Comptroller's Office recognizes that the presence of illegal armed groups around illegal mining generates pressure and threats that make it difficult for the State to act. Meanwhile, the predation continues. One of the most serious cases is that of the Sambingo River. There, officials are constantly attacked and threatened both by the communities that carry out the exploitation and by the armed actors who control the business. In that area there are about 2.000 people who depend on the gold that they extract from that tributary of the Patia [62].

Despite the multiple efforts of the government to combat the negative effects of illegal mining, high levels of illegality are still perceived, it is for this reason that it is necessary to guarantee responsible mining by the actors involved, which will be translated into concrete and efficient actions. In this case, it would be necessary to legalize policies that allow the preservation of natural reserves, in order to counteract the negative effects left by this practice.

Large mining that would be acceptable must generate economic and social opportunities for involved participants, adding value to the economic chains. In turn, companies could make an important effort to diversify local economies, reducing levels of dependency on a single source of value generation, and working hand in hand with local governments and communities to strengthen their institutions and human and technical resources.

#### **4.2 Environmental and human health impacts**

In the environmental context, mining activities (gold extraction) involve one of the biggest problems worldwide because of the Hg use, a highly toxic metal for human health and ecosystems in general. It is well known that these activities generate a negative impact that affects natural resources, which in turn, affects the well-being of people. Therefore, various studies have evidenced the presence of this metal in multiple environmental and human matrices, deteriorating the quality of aquatic ecosystems [63], soils [45], fish [64], and human health [48, 65–67]. Thus, the use of Hg in this type of activities has made it one of the most dangerous pollutants in the environment, in fact, for WHO, this metal is in the top ten of substances of special interest, and which pose major public health problems [68].

The identification of this toxic metal has been subject of investigative priority in Colombia. Several studies have shown high levels of contamination in Afrodescendant mining populations. For instance, in the Colombian Pacific (Quibdo and Paimado), Hg levels in human hair of up to 116.40 μg/g have been identified, exceeding the maximum allowed limit of this element for this matrix. Air total Hg (T-Hg) levels were also high, especially inside gold shops, being up to 200.9-fold greater than the background. Although the presence of this toxic in hair shows the exposure of people, its concentrations in fish, main source of protein for the inhabitants of the region, are also of high concern. Mercury concentrations in fish from Atrato River were above the WHO limit (0.5 μg/g,), with greatest concentrations in *Pseudopimelodus schultzi* and *Ageneiosus pardalis*, two of the most consumed species by local families [69]. Other studies carried out in the biogeographic Chocó demonstrate that the capital of the department is not the only one affected. Tadó and Unión Panamericana are also two Afrocolombian regions in which Hg pollution is widespread [70].

*Socio-Economic and Environmental Implications of Gold Mining in Afro-Descendant… DOI: http://dx.doi.org/10.5772/intechopen.96407*

In relation to the Hg concentrations found in hair of inhabitants from other Colombian departments with gold mining problems, the pollution pattern and general panorama are also of high concern. Olivero-Verbel et al. [63] reported elevated hair T-Hg levels from inhabitants of the Mining District of San Martin de Loba, located in Southern Bolívar (2.1 μg/g), in which these activities are extensively carried out, especially in the municipalities of San Martin de Loba, Barranco de Loba, and Hatillo de Loba. These Hg levels were similar to those reported by Olivero-Verbel et al. [65] for Achi (2.44 μg/g) and Montecristo (Bolívar) (2.20 μg/g), but above those corresponding to Morales (Middle Magdalena) (1.50 μg/g) [71], La Raya (Bolívar) (5.27 μg/g) [65], and Caimito (Sucre) (4.91 μg/g) [72].

The Colombian government has defined the *Areas with Mineral Potential for Strategic Mining*, which are mainly located in the Andean region, biogeographic Chocó, Sierra Nevada de Santa Marta and the Amazon. With the strategic mining areas thus defined, the question arises about the commitments generated on other environmental assets. Among them, biodiversity is one of the main points to consider, since it is clear that large-scale open-pit mining generates net losses that cannot be compensated. In the Amazon, one of the areas with the greatest richness of species in the world, the country should be ready to sacrifice vast areas of jungle, which has not been completely identified and debated. Another important negative consequence of this situation is the increase of mining activity on mountainous areas. Indeed, the humid tropical Andes would be one of the most affected critical points of biodiversity in the world (hotspots) due to the loss of species and disruption of ecological systems. The facts that protected areas are characterized by representativeness of ecosystem types, and that biodiversity comprises multiple manifestations of wealth, assemblages or endemism's, should be considered. This constitutes mining as an enormous contributor to loss and degradation of biodiversity [60].

Although pollution problems are always thought of as a phenomenon that affects human health, in few cases their impact on organisms that share a habitat and that add value to the environment is evaluated. According to the 2018 Ministry of Health report, the extraction of gold that involves Hg amalgamation processes, results in the dumping of approximately 1.000 tons of Hg [45]. Generally, once in the global atmosphere, the Hg0 released as a result of mining activities can circulate for months and continuously disperse; this species of Hg will undergo various chemical reactions of photochemical oxidation and will become inorganic Hg, which will be combined with the water vapor and travel back to the surface of the earth and aquatic bodies. This chemical form can be converted into other Hg compounds of different solubility, such as Hg sulfide, which has the capacity to accumulate in the sediment, or it could be transformed by microorganisms that process sulfate in methylmercury (MeHg). This conversion is critical because the organic form is much more toxic than the inorganic, and aquatic organisms require more time to eliminate it, leading to bioaccumulation and biomagnification processes throughout the food chain [73].

Organisms that are at a higher level of the trophic chain can consume the MeHg processing bacteria, which could also release it or be later ingested by plankton, which is consumed by higher organisms. This pattern continues as small fish/organisms are eaten by progressively larger fish, until they are processed and distributed, and finally acquired by humans [74].

Unfortunately, once in humans, this element affects different target organs, including the nervous system, kidneys, and liver, causing mental disorders and damage to the motor, reproductive, speech, vision, and hearing systems. Various studies have reported severe cases of poisoning and death due to contamination with this metal [75, 76]. When ingested by pregnant women, MeHg has the ability to cross the placental barrier, accumulating in the brain and central nervous system of the developing fetus [77].

In addition to the effects on ecosystems that mining activities produce thanks to the use of Hg, it is important to remember that small-scale gold mining requires a lot of labor, uses simple technology (including artisanal) and limited mechanization, it is mainly informal, outside the legal frameworks of nations and out of sight of national policies [78]. The scope of activity fluctuates, responding to different factors, such as the international price of gold and the political measures taken by nations that can stimulate, but also hinder, small-scale miners in their search for gold. As the scope of activities increases, problems related to small-scale mining increase accordingly. Thus, mining is characterized by a disorderly occupation of territories, chaotically organized mining operations and dangerous working conditions. This activity causes deforestation and deterioration of soils and riverbeds. However, the full scale of these negative impacts is still unknown [79].

Probably, the health risks that are most often overlooked in small-scale gold mining are those associated with occupational safety. Every day, miners are exposed to long hours of work in hot and humid conditions, they work in uncomfortable physical positions, they are exposed to constant and loud noises, bathe in contaminated water, and live in houses with poor waste management, just to mention a few conditions [80]. In addition to this, the danger of working in a mining raft can cause injuries to arms, legs and back, for this reason, fatal accidents are not uncommon [81]. These dangerous working conditions should receive special attention from the authorities responsible for the formulation of environmental and labor policies and regulations. As long as gold mining remains a sector surrounded by spheres of informality, occupational health and safety is unlikely to become a solved problem for those who carry out these extractive processes.
