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Mining violates the Haitian Constitution (1987), which clearly states in Title IX, Ch. II, Article 253 that “The Environment being the natural framework of the life of the population, practices likely to perturb the ecological equilibrium are formally prohibited.” The 2011 Constitutional Amendments reinforce this by adding Article 253.1, which calls for extraordinary means to reestablish the ecological equilibrium, as long as forest cover is under 10%. The Constitution clearly must supersede the 1976 Mining law, especially as it postdates the Mining Law.

Furthermore, the mining would seem to violate the International Convention against Desertification and the International Convention for Biodiversity to which Haiti is signatory. Mining violates the related 2005 Haitian Law on the Environment and Sustainable Development in multiple ways, including priorities of water use.  

The mines also violate the commitment to clean water and to the environment expressed by President Martelly in his 2012 speech at the United Nations, as well as his supposed commitment to farmers and food security and exports, declared during the election campaign.  The mines also run counter to President Martelly’s former post of Ambassador for Protection of the Environment and Prevention of Disasters.  

Furthermore, surface mining goes against the whole tenor of Haitian law from 1864 to this day, which has continually underscored the importance of soil and forest conservation, especially for the prevention of landslides.

Under the 1976 Haitian Mining Law and under the 2005 Law on the Environment and Sustainable Development, mining sites are supposed to be restored to their previous pre-mining state.  Under the law, the financial responsibility for land restoration falls upon the mining companies, but the Haitian State needs to require adequate environmental bonding to ensure that this is done, in the event the company declares bankruptcy or leaves the country.  

Due to tropical and island location, mountainous conditions and complex geology, the cost of restoration may be especially high.  Karst terrain in Haiti makes the risks of water contamination especially high, whether we are dealing with mining or with fracking.

Under mining we must include quarries and unconventional petroleum production.  Study after study have shown no conventional petroleum in Haiti, so one can only deduce that they are after the unconventional forms, such as those requiring fracking.

For references and more information see: https://miningawareness.wordpress.com/2012/10/17/haitian-highland-clearances-and-mining-coming-the-removals-of-trees-agriculture-people-and-animals-part-i-majescor-and-somine-sa/

Below are google map photos of the area of Morne Bossa Haiti, VCS-Delta Mining’s “Flagship” Property where they assured everyone, less than a year ago, that they will do all sorts of environmental studies BEFORE mining begins! Mining appears to have started there during the “coup” years. Last month Canada Rare Earth Corp., a 4 cent penny stock company, agreed to give them $1.1 million for 15% of VCS Mining (which in turn owns 98% of Delta). Canada Rare Earth Corp. is to get 15 acres to build a rare earth refinery on the Morne Bossa property. Since Canada Rare Earth is a publicly traded company will VCS now be forced to show some transparency? VCS Mining seems the least transparent of all mining companies known to be involved in Haiti!
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Le Moniteur No 37 Lundi Mai 2010 Page 5

See also: https://miningawareness.wordpress.com/2013/01/06/haiti-morne-bossa-gold-missing/