Ratanakiri provincial authorities arrested 26 Vietnamese illegal gold miners in Ta Veng District, who were deported back to Vietnam through the O’Yadav international border with impunity.
On March 10, Ratanakiri deputy provincial governor, deputy prosecutor of the provincial court, mining ministry officials and the armed forces cracked down on six illegal mining operations, arresting 26 Vietnamese. The authorities also confiscated excavators used to extract gold in Virachey National Park, which borders Vietnam and Laos.
Out Latin, a project coordinator with the advocacy group Cambodian Youth Network, said the size of the gold mining business is beyond the legitimate jurisdiction of artisan mining. It was not standardized for extraction of gold mines, which could lead to the destruction of Cambodia’s natural resources.
“I think that the action against illegal miners by the provincial authorities was very trivial. They were operating large-scale mining, not artisanal mining, which are small-scale and typically involved individuals, families or small communities,” Latin told CamboJA News.
“These had machinery stationed at the sites for illegal excavation. All natural resources are the property of the state and mining without a license is illegal, so foreigners coming to extract gold are deemed perpetrators. It is not a small problem,” he added.
Thus, he called for stricter law enforcement to combat and prevent illegal mining as it is highly risky and environmentally damaging. Latin is concerned about the use of chemicals in the mines, as they are known to pollute water and destroy biodiversity. He believes that “most miners use cyanide” at the mines to extract gold.
“In my opinion, the authorities must increase law enforcement and punish those who [are destroying] our precious heritage and natural resources,” he said. “We don’t know how long they have been hiding while committing illegal activities.”
Provincial Mine and Energy Department director Ung Hou who joined the crackdown mentioned that the gold mining sites in Ta Veng district were “licensed” but the miners failed to follow the resource and management procedures during the exploration.
“It is not illegal but they did not comply with the regulations. They do have a license to operate gold mining in the area,” Hou said.
He declined to comment on the kind of punishment which would be taken against the Vietnamese and the identity of the company. Hou referred further questions to Ratanakiri provincial administration spokesperson and relevant authorities who collaborated in the crackdown.
“Yes, we have arrested people. But I cannot reveal the details,” he said. “They must be punished according to the law. There are various criteria to [consider] before punishment [is meted out on] the perpetrators. It depends on the court’s decision on the severity of the crime,” he added.
Deputy prosecutor Keo Pheakdey, who advised the team on the legal procedures, said the case “fell outside his jurisdiction” and “there were no court procedures against those illegal miners”. He said the case comes under the purview of the immigration department, which will be responsible for further action.
“I know that the immigration police are in charge of deporting them to Vietnam,” said Pheakdey, adding that he cannot reveal further details to CamboJA News, while referring questions to the provincial administration.
Some mining sites in Ta Veng district within Virachey National Park seem to be operated for a long period without license or the identity of the supposed mining company being known, a local media reported.
According to the mining law, mining operations occurring in “protected, reserved, or restricted” areas are only permitted with written approval by the relevant authorities. Mining is “forbidden” in national cultural, historical and heritage sites but the 2003 Law on Forestry has now permitted mining within protected areas. A study or evaluation must first be conducted on proposed extraction projects.
Ratanakiri deputy governor Ma Vichet and governor Nhem Sam Oeun did not respond to CamboJA’s request for comments. Numerous phone calls to them on March 16 went unanswered.
Sou Serey, spokesperson for Ratanakiri provincial administration, said the 26 Vietnamese were laborers who entered Cambodia legally through the border to work for a company, which obtained land concessions to develop rubber plantations.
They came to work at the mining sites and possessed passports, so the immigration officers deported them back to Vietnam on March 12 via the O’Yadav international border, Serey said.
Reang Den, deputy police chief for the immigration office in Ratanakiri, could not be reached for comment.
Meanwhile, Serey said they had been operating on the site for about two weeks before the crackdown. “All operations have been suspended for further action,” he mentioned, adding that the seized machinery was sent to court as it might have been “imported illegally”.
He explained that the company received an economic land concession to develop rubber plantations but changed it to gold mining. They did not have an exploration license yet. The company wanted to do a feasibility study for gold mining instead, but the process was not completed.
It should be noted that according to concession maps by rights group Licadho, no ELCs were given in Ta Veng district.
Article 35 of the Law on Mineral Resource Management and Exploitation states that mining operations must only be carried out with a mining license. In addition, anyone found to have violated the license by exploring or mining on state land designated as national cultural, heritage and historical sites, shall be punished with a fine ranging between one million riel and 10 million riel and jailed between one and five years. The apparatus and machinery shall be confiscated.
Over the last decade, companies which obtained economic land concessions (ELCs), seemed to have cut a vast swathe through protected areas to expand gold mining sites. This has resulted in the loss of wildlife and impacted the biodiversity and ecological system of the area.
Many miners use chemical substances like cyanide to process gold, risking contamination in the waterways, harming river organisms and endangering people’s health.
