Citizens vs. Jamaican Government over Bauxite Mining Concessions

Location

St. Ann Jamaica

Status
Closed
Start date
July 29, 2022
Date of judgment or latest existing decision
On June 9, 2023, the Court of Appeals allowed Noranda Jamaica Partners II to resume bauxite mining in St. Ann, overturning the Supreme Court's court orders.
Summary

On July 29, 2022, nine residents of St. Ann filed a constitutional lawsuit with the Supreme Court of Jamaica against the Government for granting a bauxite mining license to Noranda Jamaica Bauxite Partners, Noranda Jamaica Partners II and New Day Aluminum Ltd.

Among the main arguments, they pointed out that the companies' activities negatively affected their lives, health, livelihoods, and the environment.

The plaintiffs demanded a halt to bauxite mining next to the communities of St. Ann, as the mining concessions overlap with a disputed area, omitted from the Cockpit Country Protected Area, declared in 2022.

The court noted that the plaintiffs raised important and complex issues concerning the nature and scope of the right to life and the obligations of the defendants in the context of extractive activities, noting that the State's obligation to respect international human rights law includes the obligation to prevent and avoid conditions that may lead to the displacement of people.

On January 20, 2023, the Supreme Court ordered the mining project to be halted. However, on June 9, 2023, the Court of Appeals ruled that the company could resume mining operations in some areas of St. Ann.

Currently, the Jamaican government owns one bauxite company, Noranda Jamaica Bauxite Partners II, and three refining operations: Windalco Ewarton Works, Jamalco, and Alpart. The government holds a 51% stake in Noranda Jamaica Bauxite Partners II and a 45% stake in Jamalco. This lawsuit related to bauxite mining is a sensitive issue due to its political, social, and especially environmental implications. The legal action by residents of St. Ann is based on concerns about the negative impact of bauxite mining.

Climate element

Bauxite mining in Jamaica has been a controversial issue due to its significant environmental impacts. The plaintiffs are residents living on mining concessions who allege that: (i) bauxite mining violates their fundamental right to life; (ii) bauxite extraction and processing contribute to greenhouse gas emissions, exacerbating climate change; (iii) the activity contributes to deforestation and the destruction of natural habitats, affecting not only biodiversity but also reducing the capacity of ecosystems to absorb carbon; (iv) mining blocks and pollutes waterways, displaces residents, and compromises air quality; and (v) bauxite extraction requires vast areas of land, threatening the health and well-being of thousands of Jamaican citizens.

Claimants

Nueve residentes de St. Ann

 

Defendants

Government of Jamaica

Supporting organizations
Environmental Law Alliance Worldwide (ELAW)
Freedom Imaginaries (FI)
The Jamaica Environmental Fund
Territorial context

Despite its natural beauty and rich history, St. Ann faces numerous challenges, ranging from economic inequality and social unrest to environmental degradation and natural disasters . The construction of deep-water docks and the establishment of bauxite mines have contributed to deforestation, biodiversity loss, and soil degradation. Furthermore, the extraction and processing have polluted the water and air, impacting both local ecosystems and the communities that depend on these natural resources. The conflict is centered around the Cockpit Country Forest Reserve, a cultural and historical site and sanctuary for the Maroon people, who still live within its boundaries. It is home to a great diversity of plants and animals, some of which are found only in Jamaica, and provides approximately 40% of the water needs of the western part of the island.

The bauxite industry in Jamaica is quite significant, as the country is one of the world's leading producers of this mineral, which is the primary source of aluminum. Bauxite is used in a variety of applications, from the manufacture of cans and containers to the production of components for the automotive and construction industries. It should be noted that these projects often lead to the displacement of rural communities and legal tensions.

Jamaica has some of the world's largest bauxite deposits and is one of the world's leading producers of this essential raw material for manufacturing aluminum. It is important to note that the activity causes deforestation, loss of vegetation cover, and destruction of natural habitats. Furthermore, mining processes alter and pollute underground and surface watercourses, contributing to climate change.

Rules and principles invoked

International agreements/treaties

  • Paris Agreement.

  • Convention on Biological Diversity.

National laws

  • Constitution of Jamaica.

  • Environmental Protection Law.

Beginning

  • Principle of prevention

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Instance
Constitutional
Actor type
Civil society organization
Natural person
Topic
Forests and deforestation
Mining
Environmental protection
Unjust transition
Defendant type
State
Interim measures
Granted
Grounds for claim
Environmental or climate damage