While Newmont is getting in a tizzy over its exploits in Indonesia, Peru, not to forget the US and

Published by MAC on 2001-05-01

While Newmont is getting in a tizzy over its exploits in Indonesia, Peru, not to forget the US and Ghana of course, a significant ruling has been made by the European Court of Human Rights in favour of farmers from the Bergama region who have tried to stop the Ovacik gold mine.

During the period of keenest litigation and protest the mine was operated by Newmont through its wholly owned subsidiary, Normandy; the company this June entered an agreement with the Candian junior, Frontier Pacific, to offload its interests in the Ovacik mine

The essence of the judgment is signfiicant. The plaintiffs had argued that their right to life and healthy environment would be violated - specifically by the use of cyanide - were the mine allowed to proceed. This was accepted by the highest administrative court in Turkey. For ten months the government and Newmont failed to implement it, by closing down the mine The Turkish cabinet then allowed the mine to continue operating from 2001, on the grounds that a final impact assessment had been made which signficantly reduced the likely dangers.

Indeed, the company claimed that, by using Inco's "cyanide destruction system", sealing the tailings pond, and operating a zero discharge system for waste water, Ovacik was possibly the safest of its kind anywhere in the world.

The European Court of Hunan Rights has not ordered closure of the mine, and it granted relatively small compensation to the plaintiffs for violation of their rights. Nonetheless an important precedent has been set - at least in Europe. But the battle is far from over.