Analyzing Social Conflicts and Criminal Allegations Associated with Mining Industries

This paper aims at analyzing the social conflicts and criminal allegations associated with the Mining industries through the lenses of Marxist criminology theory, feminist theory and intersectional criminology theories based on the CEDAW report and the ‘Canada Brand’ that highlights the human rights violations and sexual violence against women committed by Canadian Mining industries.

Running head: CRIMINOLOGY
Criminology
Name of the Student
Name of the University
Author Note

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Introduction
Canada is considered as one of the top mining countries but the operations of majority of
the mining corporations have been associated with social conflicts and violations of human rights
including sexual violence against women. The mining corporations majority of which has their
headquarters located in Canada have also been involved in issues pertaining to their operations
that are resulting in environmental degradations.
Thesis statement
This paper aims at analyzing the social conflicts and criminal allegations associated with
the Mining industries through the lenses of Marxist criminology theory, feminist theory and
intersectional criminology theories based on the CEDAW report and the ‘Canada Brand’ that
highlights the human rights violations and sexual violence against women committed by
Canadian Mining industries.
CEDAW (2016) Report to the UN Committee on the Elimination of Discrimination against
Women
The report submitted to the UN Committee on the Elimination of Discrimination against
Women alleges that Canada has been favoring and providing financial assistance to Mining
companies operating overseas are engaged in discriminatory practices against women, subjecting
them to heinous crimes like rape and violence.
A recent case at Papua new Guinea’s Porgera gold mine that has been operating for years
by the Canadian miner Barrick gold, local women have lodged complaints against the mine

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security personnel who have been involved in committing sexual violence and brutal gang rape
against the women working the mine.
The ‘Canada Brand’ report: Violence and Canadian Mining Companies in Latin America.
Toronto: Osgood Hall Law School
Imai, states that this report talks about the violence and criminalization that is associated
with the Canadian mining industry in Latin America. It lists the incidents that have been
attributed by the Canadian mining companies. The operations of almost more than thousand
Canadian mining companies have been associated with social conflicts and violation of human
rights as well as by negative environmental consequences.
The involvement of the Canadian corporations in committing serious violence or abuse
against women is not an isolated allegation as there are systematic and persistent reports against
the Canadian extractive sector that are operating overseas to be involved in serious violations of
human rights. While some of the women victims have been entitled to remedies, others are
pursuing legal remedies. Women who are unable to seek legal remedies due to their financial
restraints or fear of social stigma, have no other option but to live with the injustice caused to
them.
Analysis
Although the theories on criminology include elements of social conflict, the theories do
not emphasize on a major restructuring of the society. The theories perceive criminal behavior,
the law and the penalties imposed for violating the law to be the outcomes of deep inequalities of
resources and power that prevails in the society (Cowling 77).

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According to Brock, the Marxist criminology theory is based on the concept of class
struggle (Cowling 94). The bourgeoisie or the oppressor who aim to keep the labor costs low and
the proletariats or the oppressed who strived to keep the labor costs as high as possible. He
believed that in capitalist society, the individuals are affected by egoism where poor people
committed crime due to economic necessity and the rich commits crime for their greed (Spitzer
17). Marxist criminology theory asserts that in the advanced countries of capitalism, the
changing pattern of production and tendency to make super-profits has led to the incline in
employment of women who are subjected to the worst form of exploitation.
Matthews, Rick and William states that as per the modern Marxist criminology, class
struggle is perceived as the main source of all crimes which includes violations of human rights,
sexism, racism and capitalism. Capitalism generates egoism and ignores humanity as it relies on
competition for valuable resources, setting persons against persons or groups against groups only
to make profits accomplish their objectives.
In regards to the crimes committed by the mining industry for the accomplishment of the
profit making objectives of the company, a recent case study may be taken into account. This is
evident from the ‘Canada Brand’ report where cases related to Escobal mine were reported. The
establishment of the mine was protested by the residents as the mine would have a adverse effect
on the water supply of the region, thus, affecting the farmers communities within the region.
Here, this cases study demonstrates the Marxist criminology theory of class oppressions between
the bourgeoisie (mining industry) and proletariats (farmer community) in Guatemala where the
charges brought against the mining industry were discharged due to lack of evidence or false
evidences statements.

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According to Morash, in regards to violence committed against women as observed in
CEDAW report, Hudbay’s Fenux mine demonstrates an example of class inequality between
the rich and the poor. In Guatemala, 11 women were sexually exploited and homes were burned
down resulting in deaths and several injuries caused to the residents who protested against
eviction of indigenous communities for the establishment of the Hudbay mine. This incident
depicts the Marxist criminology theory of class inequality that leads to commission of crimes for
earning profits.
According to Morash, the radical feminism theory emphasizes that the origin of
patriarchy and the subordination of women rest in male aggression who exercises control over
the sexuality of women. The aggressiveness in men is inherent and women are dependent on
men, which makes it easy for men to control and dominate women (Chesney-Lind 648).
The sexual exploitation of women in Fenix, Guatemala is evident of the fact that gender
oppression is an obvious feature of capitalist societies where the dependency of females on men
and their disadvantages with respect to the size makes the women subjected to dominance and
control (Chesney-Lind 646). The structure of both relations of production and domination are
patriarchic. Most of the women working in the mine or those who protested against the
establishment of mines became easily subjected to the powerful and more aggressive men, given
that they lacked power and belonged to the oppressed class. The women, mostly belonging to the
indigenous group were subjected to exploitation due to their incompetency to fight back while
they are exploited.
According to the Potter, the intersectional criminology theory includes several aspects of
humanity such as race, class, sexual orientation, gender and disability, which are said to be

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interconnected as their relationship, is crucial to understand the human condition. This
theoretical framework can be used to understand the social inequality and injustice existing in the
system in several ways (Potter 306). Imai states that racism, classism, sexism do not act
separately instead they are interwoven and form several forms of oppression, thus, developing a
system of oppression that itself demonstrates combination of several forms of discrimination.
Similarly, in case of the criminalization with which Canadian mining industry is associated with,
it reflects the injustice and social inequality in the system is the result of classism, sexism and
racism.
This is evident from the fact when the establishment of the mining industries in
Guatemala and the Escobar mine were into process, it not only resulted in violent eviction of the
indigenous communities which signifies oppression of racism. The establishment of Escobar
mine also had an adverse impact on the environment and the charges made by the farmers and
the local residents were either dismissed due to lack of evidence or covered with false statements
made advanced by the mining leaders. This represented classism where the leaders subjected the
workers or the poor class to oppression and exploitation (Potter 310).
Thus, based on the theories, it can be inferred that the transformation of capitalist society
into a socialist community shall reduce the incline in the crime rate. The exhibition of respect
towards human rights can only prevent further exploitation of humans and the environment as
well.

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Reference list
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