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37. The Special Rapporteur visited the Kori Kollo gold mine operated by the Inti Raymi
company and received information from its management concerning measures taken to reduce
the effects of pollution. However, organizations consulted by the Special Rapporteur reported
that the relevant authorities do not effectively oversee or penalize the companies responsible for
damaging the environment, as required under the mining and environmental legislation.
38. The altiplano communities in the southwestern part of Potosí have complained of various
plans to award concessions for groundwater exploitation to mining companies in northern Chile
that require large volumes of water for their operations. Act No. 2267 of November 2001 calls
for priority to be given to studying the region’s hydro potential, precisely with a view to
exporting water on the basis of a call for tender from foreign companies. Act No. 2074 of
May 2004, which was promulgated following the mobilization of the region’s indigenous
organizations in favour of the comprehensive development of the southwestern area of Potosí,
expressly prohibits the export of groundwater and surface water.
39. The representatives of the ayllus of Quila Quila, Chuquisaca, have lodged a complaint for
failure to be informed and consulted in the award to a joint venture company of the concession
for a limestone deposit. The administrative and legal proceedings filed by indigenous
representatives have not been effective, and the latter have allegedly been the target of attacks
and have had their legal personality annulled by the municipality and the prefecture, which
supported the interests of the company over those of the affected communities.
40. The impact of hydrocarbon extraction in various indigenous territories in the Amazonian
and Chaco regions has been thoroughly documented. Among the specific cases submitted to the
Special Rapporteur may be noted the construction of the San Miguel-Cuaibá binational gas
pipeline between Bolivia and Brazil, which has led to the destruction of large swathes of the
Chiquitano dry forests and has contributed to the encroachment on and appropriation of
indigenous lands.
41. The Assembly of the Guaraní People undertook an independent review of the transnational
mining industry, including the consortium to exploit Campo Margarita - one of the largest gas
fields in the country located in the Itika Guasu TCO in Tarija and the Tentayapi TCO in
Chuquisaca. This review documented the failure of the consortium, and of others, to comply with
the measures set out in environmental impact studies, the lack of transparency and consultation
with the indigenous communities and the State’s failure to provide proper oversight of the
consortium’s activities. An ILO tripartite committee found the lack of an appropriate legal
framework in the case of 27 forestry concessions in the indigenous territories of
Yaminahua-Machinery, Guarayo and Monte to be in violation of ILO Convention No. 169.
42. The impact of resource extraction in the indigenous territories is not limited solely to large
hydrocarbon exploration and extraction projects but also includes the contamination of aquifers
and fauna by artisanal alluvial gold mining and illegal logging in parts of the Amazonian region,
such as Pando or Beni. In many cases, these are transnational phenomena that involve citizens
and companies of neighbouring Peru or Brazil and have a highly detrimental environmental
impact on the indigenous peoples. The State has shown itself incapable of controlling the
extensive environmental pollution caused by these activities.