"The Ignored Cry: Indigenous Victims of Trafficking in Mining Communities"​

This report addresses one of the darkest and most urgent issues of our time: the trafficking and enslavement of Indigenous peoples in the context of mining, both legal and illegal. In recent decades, the growing global demand for minerals, driven by technology and the energy transition, has intensified extractive activity. Ironically, this pursuit of economic and technological progress is often built on a foundation of exploitation and violence. The ancestral territories of Indigenous peoples, rich in natural resources, have become the epicenter of a conflict where the greed for gold and other minerals clashes head-on with respect for life, culture, and human rights. This intersection of interests creates an ideal breeding ground for human trafficking, where individuals and entire communities are stripped of their freedom and dignity, becoming the "ignored cry" of modernity.

This report's main objective is to shed light on this complex and hidden reality. To do so, it seeks to:

Analyze vulnerability: Identify and describe the socioeconomic, cultural, and legal factors that make Indigenous communities particularly susceptible to trafficking and slavery.

Describe forms of exploitation: Detail the various mechanisms of coercion, deception, and violence used by human trafficking networks, as well as the specific forms of exploitation (forced labor, debt slavery, and sexual exploitation) that predominate in mining areas.

Assess legal challenges: Examine gaps in national and international legal frameworks, as well as institutional barriers that impede the protection of victims, the prosecution of perpetrators, and the restoration of community rights.

To understand the magnitude of the problem, it is essential to define the concepts used in international law. According to the Palermo Protocol (2000), trafficking in persons is defined as the recruitment, transportation, transfer, harboring, or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or a position of vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another, for the purpose of exploitation.

The concept of modern slavery encompasses a series of practices that, while not always conforming to the classic definition of ownership of a person, retain the essence of the deprivation of liberty and control over an individual's life. This includes debt bondage, forced marriage, and forced labor. The latter, defined by the International Labor Organization (ILO), refers to any work or service exacted from an individual under the threat of penalty and for which they have not volunteered. In the mining context, these practices manifest themselves in the withholding of documents, restriction of mobility, imposed debts, and violence, which turn workers, including many Indigenous people, into disposable assets.

Palermo Protocol and the ILO Convention on Forced Labor

The Palermo Protocol, annexed to the United Nations Convention against Transnational Organized Crime, is the primary global legal instrument to combat human trafficking. It establishes the obligation of States to criminalize trafficking, protect victims, and promote international cooperation. However, its implementation in remote and often lawless mining areas remains a challenge.

Additionally, ILO conventions, particularly the Forced Labor Convention (1930, No. 29) and its 2014 Protocol, explicitly prohibit forced labor. These instruments are crucial for addressing labor coercion in the mining sector, where precarious work and violence are used to force Indigenous peoples to work in extreme conditions.

United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

The UNDRIP, although not a binding treaty, is a fundamental instrument for the protection of the rights of Indigenous peoples. Article 7 prohibits the trafficking and enslavement of Indigenous peoples. Furthermore, it establishes the right of Indigenous peoples to self-determination, autonomy, and control over their lands, territories, and resources. This last point is especially relevant, as the vulnerability of Indigenous communities to trafficking often stems from the dispossession of their territories and resources, which are the basis of their subsistence and cultural identity.

Despite the existence of these international frameworks, national implementation presents serious deficiencies. Many countries with a high concentration of mining activity have ratified the ILO Conventions and the Palermo Protocol, but the effectiveness of their anti-trafficking and anti-slavery laws is limited.

A comparative analysis reveals that common challenges include:

Insufficient resources: Lack of funds and personnel to monitor remote mining areas.

Corruption: Collusion between local officials, illegal miners, and trafficking networks.

Lack of cultural focus: Laws and protection programs do not always adapt to the cultural and linguistic specificities of Indigenous communities, making it difficult to report and access justice.

In most cases, national legislation exists on paper, but impunity prevails in practice, leaving victims without real protection. Distance, lack of state presence, and intimidation by perpetrators mean that the victims' "cries" are effectively ignored by the legal system.

Systemic poverty and marginalization are the main causes of Indigenous communities' vulnerability to trafficking and slavery. Many Indigenous Peoples live in remote areas, with limited or no access to essential services such as education, healthcare, and infrastructure. This lack creates a cycle of economic dependency and lack of opportunity. The lack of formal education, often compounded by the language barrier, limits employment options and people's ability to identify and resist the deceptions of trafficking networks. In this context, false promises of employment and a better future in mining areas become a desperate option for survival, leaving victims exposed to exploitation.

Territorial dispossession is a determining factor in the vulnerability of Indigenous communities. The right to land is not only a matter of ownership, but the foundation of their cultural identity, their subsistence, and their autonomy. When communities lose control over their ancestral lands due to mining expansion, agribusiness, or colonization, they are forced to migrate. This migration, often without a secure destination or support, leaves them in an extremely fragile situation. Without the basis of their traditional economy (agriculture, hunting, fishing), they are forced to seek work in mining areas, where they end up becoming easy prey for traffickers, who take advantage of their uprootedness and desperation.

Institutional weakness is a key catalyst for trafficking. State presence in many mining areas is nonexistent or very limited, allowing criminal networks to operate with complete impunity. The lack of security and state neglect are manifested in the absence of law enforcement, labor inspectors, and judges capable of enforcing the law. Often, state institutions that are present, such as local authorities, may be compromised by mining and trafficking networks through corruption. This lack of legal protection leaves Indigenous communities without effective recourse to defend their rights or report abuses, perpetuating a cycle of violence and oppression.

Illegal and informal mining is the main driver of trafficking and slavery in Indigenous areas. Unlike regulated mining (which also poses risks), this activity operates completely outside the law. There are no environmental, labor, or safety controls. Illegal mining camps become lawless spaces, where violence, weapons, and alcohol are common. These crime-prone environments attract human trafficking networks, which operate with complete impunity. Promises of well-paid work lure victims, who upon arrival find themselves trapped in debt slavery or subjected to sexual exploitation, with no chance of escape. The illegality of the activity creates a cloak of darkness that protects the perpetrators and silences the victims.

The process of human trafficking in mining communities begins, in most cases, with deception. Traffickers, often individuals from the same community or outsiders who have gained their trust, approach victims with attractive job offers. These promises include high wages, job stability, and a promising future. For young people facing poverty and a lack of opportunities, these offers may seem like the only way out. However, upon arriving at the mining camps, the reality is brutal. The promises fade, and mechanisms of coercion come into play. Physical and psychological violence, intimidation, and threats to the victims' families are used to force them to stay and work against their will. In many cases, traffickers withhold identity documents, making it even more impossible for victims to escape.

• Debt Slavery (Enganche): The Cycle of Perpetual Indebtedness

One of the most common forms of modern slavery in mining areas is debt slavery, also known as "enganche." This system is based on financial manipulation. Traffickers advance an initial payment to the victims' families or charge them for transportation, lodging, and food. Upon arriving at the mine, victims learn that the cost of these "commodities" is so high that their wages are never enough to pay off the debt. The prices of basic goods in mining camps are disproportionately inflated. The debt balance constantly increases, creating a cycle of perpetual indebtedness from which it is almost impossible to escape. Victims are forced to work without real wages, with the empty promise that they will one day be able to pay off their debt and be free.

• Forced Labor: Inhumane Conditions in Mining Zones

Forced labor manifests itself in extreme and inhumane working conditions. In mining areas, victims are forced to work grueling shifts of up to 16 hours a day, without safety equipment or adequate breaks. They work with dangerous tools, in unsanitary conditions, and with exposure to toxic chemicals such as mercury and cyanide, which causes serious illnesses and premature deaths. Furthermore, they are exposed to physical violence and sexual exploitation by foremen or coworkers. The threat of violent reprisals and the lack of state presence prevent victims from opposing these conditions.

Indigenous women, girls, and adolescents are particularly vulnerable to sexual exploitation. They are lured to mining areas with false promises of employment as cooks or vendors, only to be forced into prostitution. In many mining camps, sexual exploitation is a common and accepted practice. Victims are treated as commodities and forced to serve the miners. This form of exploitation not only causes profound psychological and physical trauma but also exposes them to sexually transmitted diseases and unwanted pregnancies. Violence and lack of access to justice perpetuate their situation of sexual slavery.

Human trafficking to mining areas is not an isolated act, but operates through organized routes and networks. These networks extend from the communities of origin, often facilitated by local "recruiters," to the mining camps. These networks take advantage of the precariousness and isolation of Indigenous communities and have ties to criminal groups, as well as to the corruption of local authorities who turn a blind eye. Victims are transported, often in inhumane conditions, through clandestine routes or by river, making them difficult for authorities to detect. The lack of control in these areas and the impunity of the perpetrators allow these networks to operate efficiently and continue recruiting new victims.

The consequences of human trafficking and slavery in mining communities are devastating for victims, affecting their well-being on multiple levels. On a physical level, victims suffer from inhumane working conditions, malnutrition, and lack of medical care, leading to chronic illness, serious injuries, and, in many cases, premature death. On a psychological level, the trauma is profound. The constant threat of violence, isolation, loss of freedom, and humiliation lead to post-traumatic stress disorder, depression, anxiety, and sometimes addiction. Fear and hopelessness become an intrinsic part of their lives. Finally, the cultural impact is equally severe. Torn from their communities, victims lose their connection to their traditions, language, and ancestral practices, which erodes their identity and sense of belonging.

Trafficking not only victimizes the kidnapped person, but also tears apart the social fabric of their communities. Families suffer the loss of their loved ones, often without knowing their whereabouts, which generates endless pain and uncertainty. Forced migration and the disappearance of young women and men break down family and community structures. This family and community disintegration weakens traditional support systems that are crucial to the survival and resilience of Indigenous peoples. Furthermore, the return of some victims, with profound physical and psychological scars, can generate stigmatization and hinder their reintegration, perpetuating their isolation.

Despite the seriousness of the crimes, access to justice for victims of trafficking in mining communities is almost nonexistent. There are multiple barriers that prevent them from reporting crimes and punishing those responsible. The main one is the lack of state presence in mining areas. Without authorities or law enforcement, victims have nowhere to turn. Additionally, fear of retaliation from traffickers and criminal networks, who often operate with complete impunity, discourages victims and their families from speaking out. The language barrier and lack of awareness of their rights are also significant obstacles. Many victims do not speak Spanish or understand the complex legal procedures, leaving them completely defenseless.

Impunity is the driving force that perpetuates the cycle of trafficking and violence. When traffickers and exploiters operate without fear of punishment, crime becomes a safe and profitable business. The lack of effective investigations, prosecutions, and convictions sends a clear message that the lives and dignity of Indigenous victims have no value. This lack of accountability not only protects criminals but also erodes trust in the justice system and discourages victims from seeking help. Impunity is not only the absence of punishment, but the complicit silence that allows the "ignored cry" of victims to be lost forever in mining areas, ensuring the cycle of exploitation continues.

The analysis of the trafficking and enslavement of Indigenous peoples in mining communities reveals a devastating and systemic problem, driven by a confluence of factors. The vulnerability of these communities is rooted in structural poverty, territorial dispossession, and lack of access to basic services. In this context, illegal mining and informality act as catalysts, creating lawless environments where exploitation mechanisms such as deception, debt bondage, and forced labor flourish.

We have shown that the lack of a legal framework and an effective state presence is one of the main barriers to the protection of victims. Impunity for perpetrators is the norm, and the profound physical, psychological, and cultural consequences of exploitation add to the disintegration of the communities' social fabric. In essence, the "ignored cry" of the victims is the result of a system that prioritizes resource extraction over human life and dignity.

To address this humanitarian crisis, a coordinated and comprehensive response involving all stakeholders is essential:

• For Governments:

Strengthen state presence: Increase security, justice, and basic services in mining areas.

Reform legislation: Align national laws with international conventions (Palermo Protocol and ILO) and ensure that mining laws do not violate the territorial rights of Indigenous Peoples.

Ensure access to justice: Implement culturally sensitive and accessible complaint mechanisms for Indigenous communities, including translation and interpreter services.

• For Companies (legal mining):

Human rights due diligence: Conduct thorough risk assessments and ensure that their supply chains are free from trafficking and forced labor.

Invest in local development: Collaborate with communities on projects that offer economic alternatives to illegal mining, such as sustainable agriculture or community tourism.

Zero tolerance for corruption: Establish internal oversight mechanisms to prevent complicity with illegal mining and trafficking networks.

• For Civil Society and NGOs:

Document and raise awareness: Continue investigating and reporting cases of trafficking and slavery, providing reliable data to the public and governments.

Provide direct assistance: Offer legal, psychological, and medical support to victims, as well as social and economic reintegration programs.

Promote education and awareness: Work with communities to educate them about the risks of trafficking and strengthen their defense and self-protection capacities.

The trafficking and enslavement of Indigenous peoples in mining communities is not a problem of the past, but a painful reality of the present, hidden under the veil of impunity and indifference. The silence of the victims, silenced by violence and fear, has been ignored for too long.

It is imperative that this humanitarian crisis occupy a central place on the global agenda. An urgent call to action is needed to move from rhetoric to concrete action, so that the value of gold no longer outweighs the value of a human life. Protecting the rights of Indigenous peoples, combating illegal mining, and combating trafficking networks must be undisputed priorities if we want to build a future where development and social justice are not mutually exclusive. The first step is to listen to this "ignored cry" and act accordingly.