Current Threats to Indigenous Peoples’ Water Rights Through Mining

🌱 Why does mining disproportionately impact Indigenous Peoples?

Mining disproportionately impacts Indigenous communities. Over half of the “transition materials [are] located on or near land where Indigenous people live”. Moreover, “85% of […] lithium extraction projects [are] on or near land managed or inhabited by Indigenous people.”[i] A 2021 report from MSCI Inc. also found that “97% of nickel, 89% of copper, 79% of lithium and 68% of cobalt reserves and resources in the U.S. are located within 35 miles of Native American reservations”.[ii] Amongst others, mining operations can lead to “land and water grabbing [...] in the territories of indigenous peoples”.[iii]

🌱 How has nickel mining in the Philippines impacted Indigenous Peoples?

Nickel mining for electric vehicles in the Philippines has, for example, led to declining water quality and health issues to Indigenous Peoples and rural communities in the area.[iv] “In total, more than a quarter of mining territories clash with protected, key biodiversity areas or important wetlands” and the devastating effects of toxic waste leaking into waters can be seen by satellite images.[v] While Indigenous Peoples in the Philippines have lost a fifth of their delineated territory to mining, “they have been disproportionately targeted with reprisals for speaking up against mining”.[vi] As of 2012, “the Philippines has been ranked as the deadliest country in Asia for people protecting land and the environment”. Here, “mining [is] linked to a third of all killings documented by Global Witness”.[vii]

🌱 Why are mercury pollution and heavy metal contamination issues?

Mercury pollution and heavy metal contamination are particularly grave issues caused through mining. In the Philippines, the Didipio River has been contaminated through heavy metals. This, in turn, “has affected indigenous peoples’ access to safe drinking water and water for irrigation”. In Brazil, the Indigenous Munduruku People’s access to safe drinking water has been threatened by illegal mining activities and mercury pollution in the Tapajós River basin. In the U.S., mercury levels in the public water supply of a Lakota reservation in South Dakota have risen to “eight times above the accepted limit as the result of mining activities”.[viii]

🌱 How has water contamination from mines impacted Indigenous Peoples?

Several gold and copper mines in the Amazon and the Oak Flat copper mine in the U.S. have contaminated water. The mining of gold and copper in the Amazon has polluted local water supplies[ix] and a decreasing water quality has affected local Indigenous groups at the Oak Flat copper mine.[x] Since 2011, on average three people in the Amazon have been killed per week trying to protect their land, according to a Global Witness report from October 2022. A quarter of the deaths were tied to the extractive industries. The mining industry was “directly linked to the most killings” and most of the individuals killed were Indigenous.[xi]

🌱 How has water scarcity due to mining impacted Indigenous Peoples?

Beyond water contamination, water scarcity through mining is also an issue. Several open-pit mines in Bolivia have, for example, caused water scarcity. More specifically, the open-pit mining for silver, copper, lead, zinc, tin and other minerals has adversely impacted Indigenous Quechua People in Bolivia. The mining has led to “water scarcity [...] near the Indigenous Quechua community collective, or ayllu, of Acre Antequera”. The mining has used up large amounts of the Quechua community’s freshwater, and the waste from mining activities has contaminated their food and large amounts of the remaining water in the area. As a consequence of this, the Quechua community is effectively left “without enough water to raise livestock and grow crops” in the dry season from May to November.[xii]

🌱 How does the water use by mines threaten cultural heritage?

Mining can also be seen as a threat to the cultural identity of people reliant on the availability of clean water. This is because, in addition to its utility value, water can have a value through being a part of our cultural heritage. Water can be a resource needed to sustain a traditional way of living, or a resource needed to maintain traditions and cultural practices. The water scarcity within the Quechua community has, for example, led to “an increasing number of residents […] relocat[ing] to other parts of the country, creating concern that many cultural practices will disappear”.[xiii] Beyond this, water ecosystems that are considered sacred or religious places are a good example of water’s significance for cultural heritage. Notably, at the Oak Flat copper mine, a land swap was approved allowing a mine to “be built on a site of religious significance for local indigenous groups” causing (mental) health damage and conflict.[xiv]

This post has been adapted from a newsletter written by Krisna Baghouzian and Christine Nikander. The newsletter titled “How does mining impact Indigenous Peoples’ water rights?” was originally published in “The E-Waste Newsletter”.

[i] Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)

[ii] Block, Samuel: Mining Energy-Transition Metals: National Aims, Local Conflicts. https://www.msci.com/www/blog-posts/mining-energy-transition-metals/02531033947 (05.11.2024)

[iv] Business & Human Rights Resource Centre: “You can’t eat lithium”: Community consent and access to information in transition mineral mining exploration. https://www.business-humanrights.org/en/from-us/briefings/tmt-2021/you-cant-eat-lithium-community-consent-and-access-to-information-in-transition-mineral-mining-exploration-in-europe-and-north-america (05.11.2024); Iris Crawford, Scott Odell: Will mining the resources needed for clean energy cause problems for the environment? https://climate.mit.edu/ask-mit/will-mining-resources-needed-clean-energy-cause-problems-environment (05.11.2024); Éléonore Lèbre, Martin Stringer, Kamila Svobodova, John R. Owen, Deanna Kemp, Claire Côte, Andrea Arratia-Solar, Rick K. Valenta: The social and environmental complexities of extracting energy transition metals. https://www.nature.com/articles/s41467-020-18661-9 (05.11.2024); Riofrancos, Thea: Shifting Mining From the Global South Misses the Point of Climate Justice. https://foreignpolicy.com/2022/02/07/renewable-energy-transition-critical-minerals-mining-onshoring-lithium-evs-climate-justice/ (05.11.2024); International Energy Agency: Sustainable and responsible development of minerals. https://www.iea.org/reports/the-role-of-critical-minerals-in-clean-energy-transitions/sustainable-and-responsible-development-of-minerals (05.11.2024); International Energy Agency: The Role of Critical Minerals in Clean Energy Transitions. https://iea.blob.core.windows.net/assets/ffd2a83b-8c30-4e9d-980a-52b6d9a86fdc/TheRoleofCriticalMineralsinCleanEnergyTransitions.pdf (05.11.2024); Laffont, Pascal: Critical minerals for clean energy transitions. https://unctad.org/system/files/non-official-document/GCF21_s4_Laffont_1.pdf (05.11.2024).

[iii] Office of the United Nations High Commissioner for Human Rights, Indigenous peoples face growing challenges to access safe water. https://www.ohchr.org/en/stories/2022/10/indigenous-peoples-face-growing-challenges-access-safe-water (19.03.2025).

[v] Global Witness, How the militarisation of mining threatens Indigenous defenders in the Philippines. https://globalwitness.org/en/campaigns/land-and-environmental-defenders/how-the-militarisation-of-mining-threatens-indigenous-defenders-in-the-philippines/ (27.03.2025).

[vi] Global Witness, How the militarisation of mining threatens Indigenous defenders in the Philippines. https://globalwitness.org/en/campaigns/land-and-environmental-defenders/how-the-militarisation-of-mining-threatens-indigenous-defenders-in-the-philippines/ (27.03.2025).

[vii] Global Witness, How the militarisation of mining threatens Indigenous defenders in the Philippines. https://globalwitness.org/en/campaigns/land-and-environmental-defenders/how-the-militarisation-of-mining-threatens-indigenous-defenders-in-the-philippines/ (27.03.2025).

[viii] Pedro Arrojo Agudo, Human rights to safe drinking water and sanitation of indigenous peoples: State of affairs and lessons from ancestral cultures. Report of the Special Rapporteur on the human rights to safe drinking water and sanitation, p. 10. https://www.ohchr.org/sites/default/files/documents/issues/water/2022-11-04/A-HRC-51-24-Friendly-version-EN.pdf (19.03.2025).

[ix] Christine Nikander & Heidrun Kordholste-Nikander: How can companies protect Indigenous Peoples’ rights by caring for forests? https://www.palsapulk.com/post/how-can-businesses-protect-indigenous-peoples-rights-by-caring-for-forests (13.11.2024); Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)

[xxxiv] Kanungo, Alokya: The Silent Cry of the Forest: How Deforestation Impacts Indigenous Communities. https://earth.org/the-silent-cry-of-the-forest-how-deforestation-impacts-indigenous-communities/ (05.11.2024)

[x] Christine Nikander & Heidrun Kordholste-Nikander: How does the mining of critical raw materials impact Indigenous Peoples’ rights? https://www.theewastecolumn.com/post/how-does-the-mining-of-critical-raw-materials-impact-indigenous-peoples-rights (13.11.2024); Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024)

[xi] Christine Nikander & Heidrun Kordholste-Nikander: How can companies protect Indigenous Peoples’ rights by caring for forests? https://www.palsapulk.com/post/how-can-businesses-protect-indigenous-peoples-rights-by-caring-for-forests (13.11.2024); Morton, Adam: Evidence grows of forced labour and slavery in production of solar panels, wind turbines. https://amp-theguardian-com.cdn.ampproject.org/c/s/amp.theguardian.com/environment/2022/nov/29/evidence-grows-of-forced-labour-and-slavery-in-production-of-solar-panels-wind-turbines (05.11.2024); Taft, Molly: Over Half the World’s Energy Transition Minerals Are on Indigenous Lands. https://gizmodo.com/over-half-the-worlds-energy-transition-minerals-are-on-1849865104 (05.11.2024); European Federation for Transport and Environment: How Europe can improve the way global extractive companies do business. https://www.transportenvironment.org/discover/how-europe-can-improve-the-way-global-extractive-companies-do-business/ (05.11.2024)

[xii] Christine Nikander & Heidrun Kordholste-Nikander: How does the mining of critical raw materials impact Indigenous Peoples’ rights? https://www.theewastecolumn.com/post/how-does-the-mining-of-critical-raw-materials-impact-indigenous-peoples-rights (13.11.2024); Radwin, Maxwell: Indigenous Bolivians flee homes as backlash to mining protest turns explosive. https://news.mongabay.com/2024/04/indigenous-bolivians-flee-homes-as-backlash-to-mining-protest-turns-explosive/ (05.11.2024)

[xiii] Christine Nikander & Heidrun Kordholste-Nikander: How does the mining of critical raw materials impact Indigenous Peoples’ rights? https://www.theewastecolumn.com/post/how-does-the-mining-of-critical-raw-materials-impact-indigenous-peoples-rights (13.11.2024); Radwin, Maxwell: Indigenous Bolivians flee homes as backlash to mining protest turns explosive. https://news.mongabay.com/2024/04/indigenous-bolivians-flee-homes-as-backlash-to-mining-protest-turns-explosive/ (05.11.2024)

[xiv] Christine Nikander & Heidrun Kordholste-Nikander: How does the mining of critical raw materials impact Indigenous Peoples’ rights? https://www.theewastecolumn.com/post/how-does-the-mining-of-critical-raw-materials-impact-indigenous-peoples-rights (13.11.2024); Donaldson, Alex: Mining causes 24.7% of environmental conflict involving indigenous people. https://www.mining-technology.com/news/mining-environmental-conflict-indigenous-people/ (05.11.2024); Ernest Scheyder, In blow to Native Americans, US court approves land swap for Rio's Arizona copper mine. https://www.reuters.com/markets/commodities/us-appeals-court-rejects-bid-block-land-swap-rios-arizona-copper-mine-2024-03-01/ (27.03.2025).

Current Threats to Indigenous Peoples’ Water Rights Through Mining

Subscribe To Our Newsletter.