Tribunal Delegation to Investigate
the Case of Mining – Serbia and Dundee 2024
From September 12th to 16th, a delegation from the International Rights of Nature Tribunal will visit the Homolje Mountains in Serbia. The delegation will investigate the environmental and human rights impacts of mining activities conducted by the Canadian company Dundee Minerals. The focus will be on the severe consequences these activities have on the region’s biodiversity and ecosystems, as well as the related human rights violations.
During their visit, the delegation will engage with local ecosystems and their defenders. The findings will be formally presented in Belgrade, accompanied by an act of accusation against those responsible for the damages.
This visit is part of the Tribunal’s preparation for its 6th international hearing, titled “The Post-Extractivism Non-Mining Era,” scheduled for March 2025 in Toronto, Canada. The hearing will coincide with the Prospectors & Developers Association of Canada (PDAC) Convention, a major event for global mining interests. The session will spotlight the Rights of Nature violations perpetrated by the mining industry, with Canada as a leading actor.
This Tribunal’s verdict will contribute to its ongoing efforts leading up to the UNFCCC COP30 in Belém, November 2025, where it will present the “New Pact with Mother Earth.”
Tribunal delegation
Francesco Martone
Italy/Ecuador
Marie van der Loos
Belgium
Background
Description
Located in the mountainous region of eastern Serbia, Homolje is one of Europe’s few remaining wilderness areas and one of the top biodiversity hotspots on the continent. There are more than 140 protected and highly protected species under the Bern Convention alone, including the highly endangered Eurasian lynx and golden eagle. As a part of the Carpathian Mountains, it is renowned for its pristine beauty, abundant wildlife, and crystal-clear waters.
In December 2021, the Canadian company Dundee Precious Metals announced their plans to open a gold mine in Homolje using surface extraction techniques involving potentially cyanide (this option is still being explored) (SaveHomolje).
Lithium and gold have become rare metals towards which a race is being organized globally to meet the demands of technological developments, digitalization, and so-called “green transitions” (electric cars, batteries, renewable energy infrastructures) (Le Monde Diplomatique). Violations of the Rights of Nature are on the rise, as well as threats to the local communities, and defenders raising their voices against them.
Objectives of the Serbia visit
- The collection of facts and materials, and the reporting and constatation of the destructive impacts of the Dundee project on the Serbian ecosystems.
- Meeting the frontline defenders of the Homolje mountains and taking stock of their testimonials.
- The pronunciation of a Tribunal Statement of Accusation addressed to the Dundee company and the government of Serbia. Offering this statement as a tool for local communities and organizations fighting to defend the rights of the affected ecosystems.
- The articulation of these efforts with the EBRD European Bank for Reconstruction and Development (as a potential financial backer of the project). Complaint mechanisms and Bern Convention mechanisms to further advocacy and pressure of the respect of the Rights of Nature and its defenders.
Resources and websites
- Mining and environment in the Western Balkans file:///C:/Users/User/Downloads/Mining%20and%20environment%20in%20the%20Western%20%20Balkans-2009967.pdf
- Bern Convention complaint, second case: https://rm.coe.int/files70-2022-mines-in-bosilegrad-and-homolje-region-serbia-complaint-f/1680aa90b3
- Responses to a joint letter by the Special Rapporteur on human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment, The Working Group on Arbitrary Detention (WGAD), the Special Rapporteur for human rights defenders, and the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Waste, regarding the information they received on the alleged arbitrary detention of four environmental activists in the Municipality of Majdanpek https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=37594
- Mandates of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy, and sustainable environment; the Working Group on Arbitrary Detention; the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=27831
- Review of the EBRD’s Project Complaint Mechanism – comments on the existing policy http://bankwatch.org/sites/default/files/comments-EBRD-PCM-currentpolicy-19May2013.pdf
- Monde diplomatique “Convoitise européenne sur le lithium serbe” https://www.monde-diplomatique.fr/2022/09/DRAGOJLO/65034?m=sFWpz%252FOB7BAImYyOGoD7s93fDq%252FpW%252BCJypLxCUPAwqZR2bHghINYu4obos7elL4iBIiSikrT%252B6nKi1zvrlX6iZ7QrFBMytTGCIP5t9vVCKrxRfCJ0Q%253D%253D#partage
- Short article about Homolje as a preview: https://www.morethanbelgrade.com/homolje-mountains/ https://breathtakingserbia.wordpress.com/2016/07/01/the-vinatovaca-rain-forest/
Organizers of the Visit
International Rights of Nature Tribunal
The Tribunal is an ethical platform of civil society that acts in a subsidiary manner to States to review cases and judge them through the lens of the rights of Nature. The Tribunal has judges recognized for their impeccable ethical and moral trajectory, which makes their verdicts heard and respected by civil society.
GARN European Hub
Led by Zoe Lujic
Earth Thrive
International organization working on protection, advocacy, and establishment of the Rights of Nature, Law of Ecocide, and Nature restorative justice in the Balkan & Mediterranean bioregions