The Minamata Convention on Mercury, adopted in 2013, is a landmark global effort to mitigate the health and environmental risks of mercury pollution, particularly in artisanal and small-scale gold mining (ASGM). Yet, as highlighted during a recent online event ahead of the Minamata Convention’s Conference of the Parties (MC-COP6) in Geneva, November 2025, its implementation faces significant hurdles. Two pivotal reports – the Special Rapporteur on human rights and hazardous substances and the Environmental Investigation Agency’s (EIA) “Traffickers Leave No Stone Unturned” – reveal systemic challenges, especially in regions with weak policy enforcement. This article explores these issues and proposes ways to unlock the Convention’s potential.
Persistent Challenges in ASGM Regulation
A core issue with the Minamata Convention lies in its framework. Article 2(k) classifies mercury use in ASGM as “allowed,” creating ambiguity that may inadvertently legitimise its continued use rather than drive its elimination. Without a sunset clause or enforceable timelines in National Action Plans (NAPs), countries lack accountability, resulting in inconsistent progress. The ongoing international mercury trade, permitted for ASGM, further complicates enforcement. Weak customs oversight and misclassified shipments enable mercury to be diverted to illegal operations, undermining the Convention’s objectives.
The socioeconomic context of ASGM exacerbates these challenges. Many miners operate informally, driven by economic necessity. Mercury’s low cost and accessibility make it a default choice, even when safer alternatives exist. Balancing the need to phase out mercury with the livelihoods of ASGM communities remains a delicate issue, requiring nuanced solutions that address both environmental and economic concerns.
The Human Rights Dimension
The Special Rapporteur’s report emphasises the human rights implications of mercury use in ASGM, advocating for the inclusion of local communities, particularly marginalised and indigenous groups disproportionately affected by mercury exposure. These communities, often in informal settings, face severe health and environmental risks. However, the report overlooks the critical role of civil society organisations (CSOs) working directly with ASGM communities. Over-resourcing governments while sidelining CSOs has contributed to the ineffective implementation of NAPs in many member states. CSOs are uniquely positioned to bridge policy and practice, yet their limited funding restricts their ability to drive community-led solutions.
Engaging local stakeholders is essential for crafting policies that resonate with those most impacted. Without meaningful participation, NAPs risk being disconnected from the realities of ASGM communities, hindering their effectiveness.
A Growing Threat
The EIA’s report exposes the alarming scale of mercury trafficking, estimating that 200 tons were smuggled from Mexico’s Queretaro mines to gold mines in Bolivia, Colombia, and Peru between April 2019 and June 2025. Controlled by drug cartels and armed groups, this illicit trade fuels an estimated $8 billion in illegal gold production, driven by soaring mercury prices and high demand in ASGM. In South America, particularly the Amazon, mercury contamination devastates ecosystems and communities, causing health crises and environmental degradation.
Weak governance in politically unstable regions, such as parts of Africa, amplifies these challenges. Corruption and insufficient regulatory enforcement allow illegal mining and trafficking to flourish. Economic desperation drives reliance on mercury, perpetuating a cycle of harm. Limited international support further hinders comprehensive action in these regions, where violence over resource control complicates interventions.
Pathways to Strengthen the Convention
To enhance the Minamata Convention’s impact, several measures are critical. First, revising the permissive stance on mercury use in ASGM is essential. A clear prohibition, coupled with enforceable timelines in NAPs, would signal urgency and accountability. Second, well-crafted and intentional monitoring systems for mercury imports and exports, supported by rigorous customs oversight, could curb illegal trafficking. Third, investing in research and development for non-mercury technologies is vital to provide miners with affordable, sustainable alternatives, addressing the socioeconomic realities of ASGM communities.
Empowering Stakeholders for Change
Stakeholder engagement, particularly with local communities and CSOs, is pivotal. These groups offer invaluable insights into context-specific challenges and can co-design effective policies. Resourcing CSOs alongside governments would enhance NAP implementation by fostering community trust and participation. Awareness campaigns targeting miners and communities can further promote safer practices and highlight mercury’s risks.
The Minamata Convention remains a vital framework for tackling mercury pollution, but its loopholes and implementation gaps must be addressed. By prohibiting mercury in ASGM, strengthening enforcement, and prioritising inclusive stakeholder engagement, the Convention can transform from dialogue to action. Collaborative efforts that empower local communities and CSOs will be key to protecting human health, preserving ecosystems, and unlocking the Convention’s full potential.
