Barrick respects the human rights, dignity and unique cultural characteristics of all indigenous peoples. As a company, we are committed to the development of constructive relationships with indigenous communities wherever we operate. We recognize that indigenous peoples want direct involvement in mining projects near their communities. They also expect the company to address issues related to their traditions and hope to secure benefits from mining operations.

In Nevada, Barrick's subsidiary Cortez Gold Mines has actively engaged with Western Shoshone Tribal leaders and community members for many years. In recent years, this engagement has focused on open discussion of Western Shoshone cultural and historical traditions during frequent dialogue meetings between the company’s managers and members of Nevada’s Western Shoshone communities.

In late 2008, Barrick signed an historic Collaborative Agreement with leaders of several Western Shoshone communities to improve education, business and employment opportunities for the Western Shoshone, enhance awareness of Native culture and to build greater mutual understanding. The Collaborative Agreement also establishes a Western Shoshone Educational Legacy Fund tied directly to revenues from the Cortez Hills mine. The Fund is expected to provide financial support for generations of Western Shoshone seeking higher education.

Mining is underway at the project after U.S. District Judge Larry Hicks on January 26, 2009 denied a request for an injunction filed by two activist organizations, a Nevada Shoshone tribe and a tribe from California. This legal challenge came after the U.S. Bureau of Land Management (BLM) approved Barrick’s plans for the project. Read more about this decision on page 15 of the April 2009 edition of Beyond Borders.

Dialogue Scope and Participation

Cortez Gold Mines has made a commitment to discuss and consider any issue that may concern the Western Shoshone community. Dialogue partners include members of the Tribal and Band Councils of the Western Shoshone who have been elected by their members to represent their interests. These forums provide a constructive process for raising awareness, sharing ideas and helping to create an environment of trust and partnership. These relationships are building trust and making it possible for the Western Shoshone to participate in many educational, economic and community wellness opportunities generated by our mining activities.


	Western Shoshone elders and elected leaders tour the Cortez Hills Underground exploration portal in the summer of 2007.

At the outset of these dialogue meetings, both parties agreed to general ground rules, which laid out the conditions, goals and spirit of the discussions. This agreement is driven by a desire to listen actively, to build understanding and to develop opportunities for the mutual benefit of the participants. Each meeting agenda is prepared by the host Tribe or Band on an alternating schedule coordinated by a third-party moderator, with limited input from the company. This process ensures that each host community’s issues are identified and discussed. In honoring our agreement, the company has kept the specific content of these discussions confidential. Despite frequent public inquiries, we remain firm in this commitment out of respect for our dialogue partners.

The dialogue process is open to all members of the Western Shoshone community. We believe that our engagement through the dialogue meetings has been positive, fostering open and constructive relationships with representatives of the majority of the Western Shoshone people. Unfortunately, organizations such as the Western Shoshone Defense Project (WSDP) have sought to undermine the dialogue process, repeatedly rejecting the company’s standing invitation to take part in this constructive process unless the company abandons its lawful right to operate in the area.

Furthermore, in the context of opposing our Nevada mining activities, false and inaccurate statements have been made by the WSDP, Great Basin Resource Watch and the Western Shoshone National Council. None of these groups, whose membership often overlaps, are elected representatives of Western Shoshone communities. In fact, many of the elected Tribal and Band Councils either support or do not oppose development and operation at Cortez. Members of the Western Shoshone Tribes and Bands are gainfully employed at Cortez Gold Mines and other Barrick mining operations in Nevada. Barrick has an active recruitment program within various Western Shoshone communities.

The following is intended to provide factual background information and address inaccuracies regarding Barrick’s operations in Nevada, including Cortez Gold Mines.

Legal Land Rights and Ownership

The presence of mining in the Mount Tenabo/Cortez area is not a recent development. Mining and the Western Shoshone have coexisted in this area for more than 140 years. Cortez Gold Mines is the owner of 720 acres of private land situated on and near the top of Mount Tenabo. The company has no plans to mine these private lands.

The allegation that the company is operating on lands owned by or held in trust for the Western Shoshone is false. These lands are located in areas that were mined for gold and silver beginning in the 1860s. Cortez Gold Mines holds land and mineral rights in Crescent Valley (Eureka and Lander Counties) Nevada under applicable U.S. laws and regulations.

It is well known, however, that some members of the Western Shoshone community have pursued claims against the United States, asserting title to federal lands on which Barrick, other mining companies, ranchers and businesses operate. Those claims have been determined to be without merit by the United States Supreme Court.

The Western Shoshone Defense Project frequently cites the 1863 Treaty of Ruby Valley as the basis for its claims of land ownership. Article IV of the Treaty, however, expressly authorizes mining activity on the lands subject to the Treaty.

It is further agreed by the parties hereto, that the Shoshone country may be explored and prospected for gold and silver, or other minerals; and when mines are discovered, they may be worked, and mining and agricultural settlements formed, and ranches established whenever they may be required. Mills may be erected and timber taken for their use, as also for building and other purposes in any part of the country claimed by said bands.

U.S. Government and UN CERD

It has been falsely asserted that the United Nations has ordered Cortez Gold Mines to cease operations on Western Shoshone lands. In fact, the United Nations has taken no action with respect to the company’s operations on any lands. The Committee for the Elimination of Racial Discrimination (UN CERD), an advisory committee, acting under its “Early Warning and Urgent Action Procedure” in 2006, cited “credible evidence” in response to information provided solely by members of the Western Shoshone Defense Project that “indigenous peoples are being denied their traditional rights to land.”

In April 2007, the United States filed its response to all pending issues raised by the UN CERD, including the issues raised by the Western Shoshone Defense Project. The full response of the United States is available at www.state.gov/documents/organization/83517.pdf. An eighteen-page annex to the report that addresses Western Shoshone issues is available at www.state.gov/documents/organization/83519.pdf.

In January 2009, the United States again filed a response to specific recommendations identified by the UN CERD. The full response is available at http://www.state.gov/documents/organization/113905.pdf.

In its responses to the UN CERD, the United States rejects the concerns raised by the UN CERD and presents the facts regarding the events at issue.

Cortez Gold Mines’ activities do not contravene the UN CERD’s recommendation that the United States “[d]esist from all activities planned and/or conducted on the ancestral lands of Western Shoshone or in relation to their natural resources, which are being carried out without consultation with and despite protests of the Western Shoshone peoples.” As stated, a small minority of Western Shoshone and outside interests have expressed their opposition to development at Cortez Gold Mines. Formal consultation is ongoing between the United States, represented by the Bureau of Land Management, and the elected representatives of the Western Shoshone Tribes and Bands with respect to Cortez Gold Mines’ activities at the site. This consultation is required by U.S law. The company’s continuing dialogue with the Western Shoshone is completely voluntary and does not involve any agency of the U.S. government.

Respecting Properties of Cultural and Religious Importance

Following an extensive evaluation of areas in the vicinity of Cortez Gold Mines mining and exploration area, including consultation with various Western Shoshone Tribes, Bands and elders, the United States Bureau of Land Management (BLM) designated two Properties of Cultural and Religious Importance (PCRI) with respect to Mount Tenabo and Horse Canyon. Land use decisions issued by the BLM approving Cortez Gold Mines’ activities in the vicinity of the PCRIs include specific requirements and protocols that must be followed prior to any activity within the PCRI areas. Direct Western Shoshone involvement in these decisions is an important feature of these protocols.

Spiritual Significance of Mount Tenabo

The assertion that Mt. Tenabo is central to the Western Shoshone religion is of relatively recent origin, first appearing in 1993, during studies prepared in conjunction with an Environmental Impact Statement to expand the Cortez open pit mine, at the foot of Mt. Tenabo. Western Shoshone representatives involved in that study agreed that the area was no longer used for traditional Western Shoshone activities.

Shortly thereafter, the WSDP organized a Western Shoshone spiritual gathering, held at the Dann Ranch, approximately 13 miles northeast of Mt. Tenabo. At this time, the WSDP was actively opposing a mining project proposed by another company, which was later withdrawn. These gatherings occurred annually from 1993 to 2000 but the event moved to an area below Mt. Tenabo soon after Cortez Gold Mines proposed to expand exploration in the area.

In addition to many historic workings mined by various operators since the 19th Century, Cortez Gold Mines has operated three open pit mines on the flanks of Mt. Tenabo: the Cortez Mine, which operated from 1969 to 1991, the Horse Canyon Mine, which operated from 1983 to 1987, and the South Silicified Mine, which operated from 1986 to 1987. No claims that Mt. Tenabo was important to the Western Shoshone community arose during the initial permitting of any of these open pit mines.

Access to Traditional Use Areas

The claim that the Western Shoshone people have been denied access to traditional use areas is false. Cortez Gold Mines respects the cultural and religious significance of traditional use areas. We have committed to the Western Shoshone communities that, with reasonable notice, we will continue to provide safe access through or around the mines to federal lands where the Western Shoshone may wish to conduct traditional ceremonies or engage in spiritual or other cultural activities. The top of Mt. Tenabo and most traditional plant gathering areas are accessed by privately constructed mining and exploration roads, which Cortez Gold Mines regularly makes available to Western Shoshone.

The company’s primary consideration with regard to public access is safety, for both employees and any visitors to active mining or exploration areas. As at any industrial site, heavy equipment operation and related activities include potential safety hazards. Proper controls, implemented by fully trained and equipped personnel, are required to ensure the safety of anyone who enters these areas. Barrick makes every effort to accommodate requests for access in and around our operations.

Our Responsibility

At Cortez Gold Mines, we are committed to long-term engagement with and inclusion of the Western Shoshone people in the planning, development and operation of our projects. The company will continue to carry out its activities in an open, honest and ethical manner, with the participation of interested community members. As a Responsible Mining company, we believe that adhering to these values is vital to maintaining the support of the community and to our business success.

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