This blog post has been updated.
This month, Rainforest Action Network and three allies testified at Bank of America's annual shareholder meeting, urging them to drop coal, to stop profiting from environmental destruction and human rights abuses. We're posting the statements of our three allies. Add your voice by telling Bank of America to stop funding coal—and come clean on climate change.
My name is Santiago Piñeros. I was born in Bogotá, Colombia, and I work with Pensamiento y Acción Social (Thought and Social Action), an NGO that assists communities affected by large-scale mining in the center of the Cesar region in Colombia. I have had the opportunity to see how Drummond LTD operates in these areas, a multinational company in which Bank of America invests millions of dollars to develop its extractive coal and gas business.
Three towns located in the middle of the Cesar region—El Hatillo, community we assist, Plan Bonito, and Boquerón, communities we follow up—have to be resettled by Drummond, Glencore-Xstrata and a Goldman Sachs mining company. These resettlements were ordered by the Colombian government, due to the high levels of air pollution and dust from the coal mines. These communities should have been relocated two years ago because of the dangers that coal ash poses to people's health, including respiratory diseases, such as lung cancer, skin and ocular diseases. Thus, Drummond is currently co responsible for three involuntary resettlement processes due to air pollution in El Cesar Region.1 These communities must be resettled quickly, and Drummond's investors, including Bank of America, need to make sure this happens.
Drummond directly contaminates groundwater and rivers where these communities make their livelihoods.2 Activities such as fishing, hunting, territorial and cultural relations with the environment have deteriorated and are often no longer possible due to the contamination. For communities that rely on fishing and hunting for survival, the destruction of the environment means the destruction of the community.3 For these facts, the environmental damages in this region become a violation of the human rights of these communities and so creates an obligation for its investors—you—to commit to recognize the value of the human rights of these poor rural communities, communities that are threatened with simply disappearing. Bank of America has an obligation to protect these communities.
Bank of America invests today in a company that does not respect environmental standards. According to the environmental authorities Drummond recently spilled around 1,800 tons of coal into the Caribbean Sea off the coast of Colombia. This disaster happened because Drummond chose not to implement required changes to the system of directly loading coal at port, which would have prevented these accidents.4 Pollution levels at Drummond coal mines exceed the levels permitted by law in Colombia, and they are steadily increasing.5 The pollution is affecting human health. Still, Drummond only responds to sanctions if they impact the company's ability to export coal.
Bank of America finances Drummond's coal operation and so is co responsible for Drummond, a company that operates with no due diligence regarding human, economic and cultural rights. According to the most recent study of the Contraloría General, Drummond's operations, and thus Bank of America's investments, do not guarantee a healthy life and environment, these operations only make a profit from our natural resources.6 Who holds the accounts where these profits are stashed? Bank of America.
Are these environmental and human rights abuses something you recognize? What responsibility do you have for these events? Your money is being used to fund mining operations that do not represent social, environmental and economic benefits for the communities living in the surroundings of the mines. In fact, the levels of unsatisfied basic necessities in these communities increase as sanctions and fines while the resettlements do not seem to advance.
1. Resolution No. 9070 of 2010 and Resolution No. 1525 of 2010 from the Colombian Ministry of Environment, Housing and Development (MAVDT).
2. Contraloría General de la Nación. Minería en Colombia I: Derechos, políticas públicas y gobernanza. // Minería en Colombia II: Institucionalidad y territorio, paradojas y conflictos. 2013.
3. Resolution No. 54 of 2008 from the Defensoría del Pueblo de Colombia.
4. Resolution No. 0123 of 2013 and Resolution No. 001 of 2014 from the National Authority of Environmental Licenses (ANLA).
5. Resolution No. 9070 of 2010 and Resolution No. 1525 of 2010 from the Colombian Ministry of Environment, Housing and Development (MAVDT).
6. Contraloría General de la Nación. Minería en Colombia I: Derechos, políticas públicas y gobernanza. // Minería en Colombia II: Institucionalidad y territorio, paradojas y conflictos. 2013.
Hunting is happening inside and outside protected areas and enforcement of anti-hunting laws is nearly nonexistent. Only the anti-poaching teams for tiger and rhino protection seem to have had some success in catching poachers and getting them prosecuted. The rest of the hunting goes on largely unnoticed, uncontrolled and unpunished. Indonesia does have laws against killing, trading or otherwise harming protected species, but apart from a handful of cases in which tiger and rhino poachers were jailed, no one has ever been effectively prosecuted for illegally killing protected wildlife in Indonesia. A recent report by the wildlife trade organization Traffic suggested that more than 1,000 orangutans are killed or captured each year in Kalimantan for the wildlife trade alone. Recent surveys by the Nature Conservancy and the Indonesian Association of Primatologists (Perhappi) suggest that this figure may be an underestimate, and that many more orangutans are killed simply for local consumption.I find it very hard to believe that Indonesia is famed for its wildlife biodiversity and yet the illegal catching, caging and selling of its wildlife continues widely unregulated. Watch this heart-wrenching video filmed on an average day in a Jakarta market to get a sense of the scope of the problem: And things are not much different for Indonesia's northern neighbor. Last week Malaysia passed into law a new Wildlife Conservation Act, which on one hand should be applauded, but on the other it was received with much caution and skepticism as enforcement remains to be seen. The root of this deep-seated concern: Corruption. Throughout 2010, the Department of Wildlife and National Parks, called Perhilitan, was repeatedly named and shamed in the world’s press, including National Geographic magazine, for "covering up widespread corruption, being incompetent, careless, unprofessional and uncaring about wildlife and unworthy of any respect." Sean Whyte of Nature Alert has been an outspoken advocate on the issue for years and continues pressuring the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for miserably failing to systematically monitor or report international wildlife trade in South East Asia, with an emphasis on orangutans. Most CITES-listed species occur in countries where governance is often weak and corruption high. In addition to orangutans, tigers are protected from international commercial trade through the CITES Appendix I listing, yet tiger numbers are falling alarmingly and efforts to save this magnificent animal have unfortunately not yet lead to a reverse in the decline in tiger populations. As Malaysian President Sahabat Alam Malaysia (SAM) welcomed in the new Wildlife Protection Act, others scoffed at the legislation, deeming it mired in bureaucratic procrastination:
Unfortunately most cases of wildlife crime end in acquittal either because the procedures are not followed meticulously or the documents are riddled with loopholes. Cases of wildlife smuggling should be treated like those in narcotics crime and punishment based on the quantum of seizures to help curb smuggling. It is time to fight wildlife crime effectively, and collective actions must be taken to stop the key drivers that are bringing tigers and other endangered species to the brink of extinction: poaching, smuggling and illegal trade.