Category Archives: International Law

The Dangers of Working in the Lonmin Marikana Platinum Mine

On August 5, 2010 a horrible accident occurred at the San Jose mine in Chile. As the miners were about to eat lunch the walls began to collapse around them. They were trapped a mile below the surface with no way out. Mine officials and the miners’ families feared the worst. It was possible that the miners were in the danger zone when the accident occurred. The international community joined the Chileans in praying for the miners’ safe rescue. Mining officials on site quietly expressed their view that the missing miners needed a miracle to have survived the collapse.

Seventeen days later the miners, their families and national and international well wishers had their miracle; the miners had been found alive, though weak and hungry. The miners found probes that rescuers had drilled down to search for survivors. Using the probes the miners sent messages back up to the rescuers. Communication with the miners had been established. Chilean Undersecretary of Mining Pablo Wagner cautioned that it could take four months for a hole big enough could be drilled to remove the miners. Later it was discovered that the mine walls were too unstable to allow large scale rescue operations. The initial euphoria slowly turned to despair as rescuers realized the daunting challenges that they faced to free the miners from their soon to be grave.

In a rare display of international cooperation and assistance a plan was devised to rescues the miners. Once the proper equipment was on sight and the rescue plan had been fully discussed and agreed upon, the miners began rising to the surface in small one-man capsules. After two months of confinement almost a mile below the surface the first of the miners set foot on the surface. The accent vehicle was called the Phoenix and was paint in the colors of the Chilean flag. Specialist from NASA, an international team of drilling experts and millions of dollars made the rescue of the trapped miners a reality. Thousand of miles away people watch on their television sets or the live feed on their computers the rescue of each of the thirty-three miners. When the last miner stepped out of the ascent vehicle a relieved world let out a collective sigh.

Though the Chilean miners escaped their tombs in waiting underground mining is an extremely dangerous business. Although mine safety has improved over the years, tragic accidents still happen with the lost of life. It is believe that globally about 12,000 miners are lost each year. According to the International Labour Organization (ILO) mining employs around 1% of the global workforce but it generates 8% of work related fatalities. China and Russian seem to be the exception  to the global improvement in mine safety and a reduction in fatalities. The statistics indicate that developed nations normally have better safety records than developing nations. The experts believe that this is because unions are stronger in the developed nations. It is argued that unions insist on mine safety and advocate the well-being of the miners. In less developed nations unions are either weak or marginalized in the political and economic process. In the less developed countries if a miner complains about mine conditions or general miners’ safety he will most likely be out of a job.

South Africa (SA) is the world leader is mining and refining platinum group metals (PGMs). The world’s largest deposit of PGMs is located in Marikana which is located in Western SA. The owner and manager of this platinum mine is Lonmin Plc (Lonmin). The company was organized under British law in 1909 as the London and Rhodesian Mining Company Ltd. Today Lonmin’s principal headquarters is located in the South African city of Johannesburg with corporate offices also located in London, England. The company is seen as one of the world’s largest producers of PGMs. Lonmin engages in the exploration, mining, refining and marketing of PGMs.

The global automobile industry requires platinum to manufacture catalytic converters (CATS).  These devices control toxic emissions produced by internal combustion gasoline engines. Almost every government requires auto manufacturers to install CATS on the vehicles they produce to cut down on air pollution. Almost all present day automobiles that run on gasoline are fitted with a three way CATS to reduce toxic emissions. Without the converters the toxic gases would be expelled directly into the air. CATS are also used on generator sets, forklifts, airplanes, locomotives and other machinery that is used everyday. Lastly PGMS are used in making high-end jewelry.

About two weeks ago South African (SA) platinum miners lost their lives. The dangers that these miners faced was not located deep underground but above ground. When the miners lost their lives they were not working the mine because they had called an illegal strike. On the day in question their demonstration for higher pay and safer conditions, unfortunately, turned violent. On August 17, 2012 at South Africa’s Lonmin Marikana mine 34 striking miners died in clashes with police and mine security forces. The violent confrontation left another 78 persons injured. It would be an understatement to say the loss of life was tragic. The YouTube video of the confrontation between the police and the miners is graphic and disturbing. A police officer can be heard shouting orders to his men to stop shooting.

Iceland’s Prosecution of its Ex-Prime Minister

The Republic of Iceland  is a small island located in the mid-Atlantic. Iceland is about the same size as the State of Virginia. The population of Iceland has hovered around 320,000 for the last decade. The island supports small industries of fishing, agriculture, and tourism. Iceland lacks  natural resources and thus does not support any heavy industries. Still, the country offers its citizens free universal health care and excellent
educational opportunities through public schools and universities. The country
imports more than it exports. A prosperous and vibrant financial services industry fueled the country’s pre-September 2008 development. During the last decade world authorities
constantly ranked Iceland as one of the most desirous places to live. Iceland’s  per capita income ranks among the world’s best.   One has to wonder how a small island nation with limited resources produced an astonishingly high standard of living.

In September 2008 the global financial crisis arrived on the shores of Iceland like a tsunami. Since that day Icelandic society has not been the same, though it is on the rebound. The eruption of the Eyjafjallajokfull  disrupted commercial air traffic and cost the airlines millions of dollars. In Iceland the volcano spread ash over the country’s most fertile agriculture lands. The contamination of these areas has setback the island’s economic recovery.  Regardless of minor setbacks I believe that, ultimately, the citizens of Iceland must make lifestyle altering political and financial decisions to fix its economy. Iceland should shoulder the burden of its own mistakes. Icelanders should rebuild their nation’s economy while also repaying its debts.

Geir Hilmar Haarde served as Iceland’s  Prime Minister from June 2006 to February 2009. During his tenure as PM, Mr. Haarde also served as head of his political party, the Independents. Mr. Haarde’s political party represented the centre-right of the political
spectrum. The Independents were opposed to membership in the European Union and
opposed economic interventional. I would categorize the Independents as
proponents of lazier faire. Mr. Haarde’s political party maintained its political base in Reykjavik, the nation’s capita and  most populous region. Mr. Haarde’s party drew its support from the  upper levels of Icelandic society. Prior to assuming the position of P.M. Mr.  Haarde held other high level governmental positions. He received his undergraduate and post-graduate education from American universities.  The general opinion is that Geir Haarde served as P.M. without any political  difficulties until mid-September 2009. No one can argue that Mr. Haarde was not qualified to hold the position of PM. I believe that Icelandic society prospered under his leadership.

Many experts argue that U.S. government’s failure to  intervene in the collapse of Lehman Brother’s Holdings was the catalyst for the  global financial crisis. Speaking at a conference in New York City U.S. Treasury Secretary  Geithner said that Europe would not let their financial institutions be at risk  in the eyes of the public. In support of this belief he alluded to German Chancellor Merkel’s often stated assurance that Europe would not have another Lehman Brothers. With the collapsed of Lehman Brothers all short-term lending between  banks dried up.