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2007-2010 Community Complaint to Environmental Prosecutor

In 2007, the Siria Valley Environmental Committee (CAVS) filed a complaint with the Environmental Prosecutor against Entre Mares and Goldcorp regarding water course contamination and health impacts resulting from the San Martín and its closure process. 

In August 2007, the Forensic Medicine at the Criminal and Forensic Sciences Laboratory carried out blood and urine samples on 61 residents of El Padernal and one from Nueva Palo Ralo, communities near the San Martín mine. The sample group included adults and children, suffering mild and severe symptoms of apparent arsenic and lead poisoning. The report of the Director of the laboratory in October 2007 contained strong evidence of a range heavy metal poisoning among the 62 sample cases. However, the report was not made public nor the 62 individuals who provided blood and urine samples informed of the results for more than 4 years (Almendares, 2011).

In 2008 and 2009, engineering experts in environmental impacts of mining from Newcastle University visited the Siria Valley to test water and reviewed official reports monitoring environmental impacts. Their findings were published in a joint CAFOD/CARITAS document, which concluded that there was evidence of “dangerously high acidity and metal concentrations” flowing into local streams (Archdiocese of Baltimore, 2010). It also concluded that evidence of contamination present in official reports did not result in remedial action by the company or the authorities.

In August 2010, at the point when the San Martín mine had closed, the Environmental Prosecutor finally filed criminal charges against two senior officials of Entre Mares and a former senior official of the Honduran Department for the Administration of Mineral Resources. Company officials denied that activities relating to the operation of the mine have ever polluted the surrounding area. 

In October 2010, a Honduran court issued a judgment acquitting the accused of charges relating to damage to the environment. The 2007 report by the Forensic Medicine at the Criminal and Forensic Sciences Laboratory was apparently not made available as evidence of metal poisoning of the local population to the San Martín mine.

Type of Action / Tipo de Acción:
Criminal or Regulatory Proceedings
Extractive Project / Proyecto extractivo:
Region / Región:
Central America
Country / País:
Honduras
Natural Resource / Recurso natural:
Gold
Jurisdiction / Jurisdicción:
Honduran System
Category of Key Actors in Legal Action / Categoría de actores claves en la Acción Legal:
Grassroots Movements, Company(ies), State Institutions
Key Legal Actors Involved / Actores jurídicos clave involucrados:
Environmental Prosecutor, Siria Valley Environmental Committee (CAVS)
Year Action Started / Año de inicio:
2007
Year Action Ended / Año de finalización:
2010
References / Referencias:

Dr. Juan Almendares, “Goldcorp (Entre Mares) and the Government of Honduras Hide Information about Systemic Contaminants in Children and Adults”, dated September 2011, online: https://goldcorpoutnews.wordpress.com/2011/09/11/cover-up-goldcorp-entre-mares-the-government-of-honduras-hide-information-about-poisoning-of-children-and-adults/, accessed 10 December 2021.

Archdiocese of Baltimore, “British aid agency report leads Honduras to charge three linked to mine”, dated 19 August 2010, online: https://www.archbalt.org/british-aid-agency-report-leads-honduras-to-charge-three-linked-to-mine/, accessed 7 October 2020.

CAFOD, “Goldcorp staff face criminal charges over mine pollution after CAFOD investigation”, dated 16 August 2010, online: https://londonminingnetwork.org/2010/08/goldcorp-staff-face-criminal-charges-over-mine-pollution-after-cafod-investigation/, accessed 7 October 2020.

German Reyes, “Demandarían internacionalmente a Honduras por absolución de ejecutivos de Entremares”, dated 6 October 2010, online: http://www.ideaspaz.org/tools/download/50077, accessed 7 October 2020.

Rory Carroll, “Gold giant faces Honduras inquiry into alleged heavy metal pollution”, The Guardian, dated 31 December 2009, online: https://www.theguardian.com/environment/2009/dec/31/goldcorp-honduras-pollution-allegations, accessed 7 October 2020.

CAFOD, “Rejoinder to Goldcorp’s Response to CAFOD Press Release: “CAFOD and Development and Peace Canada Discover Evidence of Severe Water Contamination at Goldcorp Mine”, 2 December 2009″, dated 12 January 2010, online: https://cafod.org.uk/content/download/2956/21486/version/1/file/CAFOD_rejoinder_to_Goldcorp_1001.pdf, accessed 29 October 2020.

Ida Garberi, “Honduras: agua sí, cantera no”, dated 6 August 2010, online: http://idagarberi.blogia.com/2010/080601-honduras-agua-si-cantera-no.php, accessed 7 October 2020.

MICLA, “Honduras, San Martin”, online: http://micla.ca/conflicts/san-martin-3/, accessed 7 October 2020.

Mines and Communities (MAC), “Goldcorp staff face criminal charges over mine pollution in Honduras, dated 16 August 2010, online: http://www.minesandcommunities.org/article.php?a=10373, accessed 7 October 2020.