Orea Mining Corp OREAF

OREA/NG Montagne d’Or – Now Enviro' and Human Rights issue

[123buyholdhope]

For those interested in mining in S. America, etc., the information below is something you might want to consider when looking at present and future exploration investments in such areas. This is why I have suggest that gold mining in FG is in all likelihood dead. Barrick, Newmont, Reunion, Auplata IamG, etc., are no doubt already taking note; Nordgold did two years ago.

NGO’s can now turn local ESG compliance issues into international concerns. Macron caved to such a local Montagne d’Or challenge within two months of it moving from a FG issue to becoming an international UN focus.

This is also why I suggest that any OREA legal challenge via the C or Arb’ is likely a futile move. Taking on environmental and now human rights issues at the Hague re., a mine permit refusal? Good luck! (Look what happened very recently to Royal Dutch Shell in the Netherlands court?)
 
"UN human rights bodies unequivocally confirm link between climate change, a healthy environment and human rights"

https://www.dlapiper.com/en/us/insights/publications/2021/11/link-between-climate-change-healthy-environment-human-rights/

23 November, 2021

…Why do these decisions matter to businesses?

UN multilateral forums and international cooperation are critical to solving inter-connected global problems such as climate change, providing international solutions and advancing the development of international law. Despite their pitfalls, there is no question that Geneva-based UN Human Rights bodies exert a major influence over global efforts to strengthen human rights protection. International human rights law remains the legal basis against which human rights records are assessed, political positions taken and states and businesses are held to account.
Many of the norms, decisions, and recommendations generated by Geneva-based institutions have a profound influence on policy changes at national level. They help build a political space for domestic actors to press for implementation of state human rights obligations –“translating local problems into human rights terms and human rights concepts into approaches to local problems”⁷ – and provide them with leverage for doing so. Many regional and national judicial bodies cite the decisions and recommendations of these UN mechanisms as authoritative interpretations of international obligations.

For example, in 2018, following a petition filed by the Organization of the Native Nations of Guiana (ONAG), with the support of international NGOs based in Geneva, the UN Committee on the Elimination of Racial Discrimination (CERD) adopted an “early warning,” asking France to secure the consent of indigenous communities affected by the controversial mining project la montagne d’or (Mountain of Gold).⁸ A few months after the decision, the French authorities announced they had abandoned the mining project. In this case, the urgent procedure allowed for a rapid deferral of France less than two months after the petition was filed.

Litigators in climate change proceedings are increasingly using human rights arguments and human rights bodies to litigate over climate inaction. One of the first successful examples of such invocation of human rights in respect of climate change was the Dutch Urgenda case, which has recently been followed by similar judgments in Germany, Belgium and France. Most recently, NGOs have also started to bring proceedings against businesses for climate inaction. In these proceedings, human rights arguments are essential: businesses are not bound by the targets of the Paris Agreement, but there is a compelling case to be made that businesses are required to respect human rights under numerous international soft law instruments such as the United Nations Guiding Principles (UNGP) and the OECD Guidelines on Responsible Business Conduct (OECD Guidelines). The recognition of the human right to a healthy and sustainable environment makes it clear that companies have their obligations in respect of sustainability and human rights too.

Companies that want to adhere to the UNGP and the OECD Guidelines must start looking at their greenhouse gas emissions and adverse impacts on the environment from a human rights angle, rather than considering them a mere compliance issue.

GLTA - https://twitter.com/EarthsRare