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The environmental and social costs of extraction are still present, but with a different economic vision. “Extractive activities and the export of raw materials continue as before, but are now justified with a progressive discourse,” explains Puerto Rican environmental journalist Carmelo Ruiz-Marrero.

As a part of this shift, in 2012, the Argentine state obtained 51% control of the hydrocarbon company YPF, which was privatized in the 1990s. Last year, however, Argentina’s YPF signed a deal with Chevron to expand natural gas fracking in the country, operations set to proceed on Mapuche indigenous territory. In response, indigenous communities to be affected by the fracking took over four YPF oil rigs.

Yet while Correa rightfully spoke of the obligations of wealthier nations to contribute to solving the dilemmas of the global climate crisis, at home he expanded the mining industry and criminalized indigenous movements who protested extractive industries in their territories. Under his administration, numerous indigenous leaders organizing against mining, water privatization measures, and hydrocarbon extraction have been jailed for their activism.

The government has advocated for a plan to build a major highway through the TIPNIS indigenous territory and national park. Protests against the government plans galvanized a movement for indigenous rights and environmentalism. In response, the government led brutal repression against families marching in protest of the highway in 2011. Government violence left 70 wounded; victims and their families and allies are still searching for justice.

Meanwhile, outside of Latin America, governments, activists, and social movements are looking to places like Bolivia and Ecuador as examples for overcoming capitalism and tackling climate change. The model of Yasuní, and respecting the rights of nature can and should have an impact outside of these countries, and wealthier nations and their consumers and industries based in the global north need to step up to the plate in terms of taking on the challenges of the climate crisis.

In many ways, much of Latin America’s left are major improvements from their neoliberal predecessors, and have helped forge an exciting path toward alternatives that have served as inspirations across the world. Overall, they have brought countries out of the shadow of the International Monetary Fund and US-backed dictatorships, and toward a position of self-determination. For the sake of these new directions, the neoliberal right hopefully will not regain power in the region any time soon, and Washington will be unable to further meddle in an increasingly independent Latin America.

If an alternative model is to succeed that truly places quality of life and respect for the environment over raising the gross domestic product and expanding consumerism, that puts sustainability over dependency on the extraction of finite raw materials, that puts the rights to small scale agriculture and indigenous territorial autonomy ahead of mining and soy companies, it will likely come from these grassroots movements. If this model is to transform the region’s wider progressive trends, these spaces of dissent and debate in indigenous, environmental and farmer movements need to be respected and amplified, not crushed and silenced.

In the memo, lawyers also identified the Philippines, Singapore, Australia, Angola, Canada and several other countries where Chevron has significant assets as potential targets. In the Philippines, it even suggested using the services of Frank G. Wisner, the retired diplomat and a foreign affairs adviser for Patton Boggs, who recently waded into the crisis in Egypt as an envoy for the Obama administration.

The ruling’s impact is already being felt in Ecuador and beyond as a cautionary tale of the environmental and legal aftermath of oil exploration. Alberto Acosta, a former oil minister in Ecuador, called the ruling “a historical precedent.” It is “a reminder that we have to defend ourselves from the irresponsible activity of extraction companies, both oil and mining,” Mr. Acosta said.

due diligence and sanctions for non-compliant companies could provide the necessary incentive structures for companies and the Congolese state to strengthen their regulatory agencies, clear the soldiers out of the mines and render the trade more accountable and transparent. That could then finally prompt companies to invest in industrial tin mining in the Kivus – the Bisie polygon in particular – which would in turn cut out a lot of the crooked middlemen and militias that currently benefit from the trade and who parasitize the Congolese state.

The important fact is not the size of the Congolese market to the global market. The important fact is the size of the companies affected by the legislation to the producers (exporters/processors).

On the second point, I think you missed a key component. There is a background constraint to the equations you did, which is what can be done by the US. ENOUGH worked on a policy that resonated with US constituencies AND was directly material to the US Congress AND could be implemented through US legislation. So they can’t just advocate for any policy at all, but policies that are relevant in the US. Importantly, you ignore that ENOUGH does campaign on all sorts of other issues, including support for peacekeepers. This is not absent from their campaign materials. It was absent from the legislation, because that clearly would not be material to a financial reform bill. This is also a matter of facts. We can see ENOUGH’s support for peacekeepers, and we will see that in the future. On point three, it is not a question of facts. It is clearly stated as a counterfactual. “What if Congress doesn’t pay attention to other important issues?” I’m not sure what facts one can appeal to. I also find it highly unlikely that this legislation will distract Congressional attention from other DRC issues in the future. I suspect it is much more likely that it will RAISE the profile of the DRC in foreign affairs issues for Congress as a result of extensive lobbying. The “advocacy space” is not fixed. In fact, it might be expanded by the result of lobbying. But regardless, there is no “fact” to appeal to resolve this argument. Finally, Jason is right that the legislation creates an incentive structure for responsible supply chains, which in the long run will likely be a good thing.

An unintended consequence of this legislation will be the increased cost of doing business and possible end of doing business with 9 other African countries who may transship some Congolese material but also produce their own. If economies in the 9 other African countries listed in this law are injured as a consequence and livelihoods reduced then instability and poverty are the results of this well intentioned and poorly crafted legislation. Instability and poverty that could well lead to increased civil conflict in those countries.

The industry has another, entirely different, choke point. The processors. There’s a very small number of companies that have the ability to take coltan and produce tantalum from it. No more than a handful globally. Cabot in the US, Fluminense in Brazil, Starck in Germany, a couple in China, Ulba in Kazakhstan. Perhaps a couple more.

The way to effect real change in this situation is to follow the flow of money. It is as simple as that. While I agree with Tim Worstall that the processors of tantalum are the ones who really would make the decision to stop purchasing conflict minerals, they would no longer have incentive to buy if the electronics industry didn’t keep BUYING. That is why IMHO emphasis has been put on the electronics brands. GlobalWitness recently released a report which many of you may find of interest. Here is the link: http://www.globalwitness.org/media_library_detail.php/1019/en/do_no_harm_a_gu

Conflict mineral advocates see a DIRECT link between the exploitation of minerals and the perpetuation of the conflict. In contrast, we see the mineral sector as ONE important and wealth generating part of the wider economy. At the heart of our scepticism over the focus on the mineral trade is the fact that in the absence of genuine governance and security, any part of the economy - charcoal, cattle or fuel - can be exploited by a rebel group with guns, as you point out.

To pick up on the point made about Cabot’s campaigning for conflict-free minerals, it’s not just Cabot, there are a number of Western mining companies involved in this, as pointed out by the researcher Raf Custers in this article: http://www.intal.be/nl/node/9185

There is for example also Commerce Resources from Canada, about to develop two major tantalum-exploitation sites in British Columbia and Quebec. The anti-conflict mineral lobbyists they hired have allegedly been working closely with the Enough folks.

Advocates like myself, ICG, Global Witness, IPIS, Oxfam and, yes, Enough, have long argued for comprehensive security sector reform and support to the judiciary. ICG and myself (used to be one and the same) have also pushed for a holistic approach to the FDLR that would include more flexibility by the Rwandan government and the UN (although not political negotiations).The problem is that no one ever listened to us. I can't tell you how many briefings I've had with State Dept, FCO, DFID, EU and the AU about these issues. There was not enough of a domestic lobby for them to care. Now, Americans care because there has been intensive lobbying by advocacy groups, who sometimes simplify and bend the truth to pound their message through. I don't like that one bit, and it can lead to bad policy. This legislation is not bad policy, however, if it is applied correctly. I would like to see the US go one step further and push for large support to reforming the Congolese regulatory bodies in the Kivus, much like RCS if I understand correctly, which would make due diligence feasible. Also, if coupled with investigative bodies like the one we pushed for with CIC (http://www.cic.nyu.edu/peace_ssr/congo.html) even the underground gold trade could be better regulated.

I doubt Enough does more than talk to those sources in the industry, but if you have doubts then we should emphasize that the bill was also supported by Catholic Relief Services, Amnesty International, Global Witness and Human Rights Watch.

Does this mean that the 2006 Democratic Republic of the Congo Relief, Security, and Democracy Promotion Act (http://www.govtrack.us/congress/bill.xpd?bill=s109-2125) sponsored by then Senator Obama and co-sponsored by Hillary Clinton was not substantive or meaningful? Are there no provisions in the 2006 law that can play a constructive role in advancing peace and stability in the region?

I don't know of any simple general answer to your question of how this will all turn out.  The problems are often not simple.  A great deal is at stake, not just for the people of the countries.  Resource extraction impacts a global environment that is increasingly at severe risk.

there is sometimes dramatic conflict between the developmentalists, like left president Correa, and the indigenous communities affected by mining and dams.  Also, Evo Morales, despite being hugely popular, recently had to deal with a very big general strike in Potosí.  What do you make of these dynamics?  What are the hopes and prospects in Latin America regarding raising living standards, the paths of industrialization, environmental considerations, the role of social movements, and avoiding state coercion?

You said, "It's quite striking that we and other western countries can't reach, can't even approach, can't even dream about the level of democracy they had in Haiti.  That's pretty shocking.  Here's one of the poorest countries in the world.  The population that organized to win that election is among the most repressed and impoverished in the world; they managed to organize enough to enter the electoral arena without any resources and elect their own candidate."  Praising Bolivia at the same time, you asked, "Is it believable that we can't do the same? . . . We can take lessons from them.  Anything they've done we can do a thousand times more easily."