Theodor Paleologu
Minister for Culture and the Cults
Ministry for Culture and the Cults
Soseaua Kiseleff No.30
Ro - 011347 Bucharest
Fax: +40 21 222 82 39

15 June 2009

Dear Minister
Dear Dr Paleologu,

Gabriel Resources, the commercial company that wishes to exploit the Rosia Montana gold/silver deposit, is currently seeking ways to obtain from the ministry of Culture (MCC) a new archaeological discharge certificate (ADC) to replace ADC No4/2004 which was annulled by the Brasov Court of Appeal in November 2007. Alburnus Maior is the Rosia Montana-based community organisation that together with other NGOs secured this important legal precedent and which since 2000 has been campaigning against Gabriel Resources’ mine proposal due to its unacceptable social, environmental, economic and cultural impacts. Amongst those who over the time openly expressed their opposition to the destruction of Rosia Montana’s unique patrimony count the Romanian Academy, Romania’s Orthodox Church, Romania’s Royal Family, ARA, ICOMOS, Europe Nostra and 1000 scholars and scholarly institutions from the international community of archaeologists, historians and other classicists. We are addressing you to express our deep concern over the potential granting of a new ADC and would like to detail our reasons to you.

The ‘Alburnus Maior’ Roman mining settlement at Rosia Montana forms part of Romania’s cultural patrimony of national interest protected by law No5/2000. Given that Gabriel Resources would like to mine the areas that fall under that protection, they were legally obliged to carry out archaeological research - hence the birth of the ‘Alburnus Maior National Archaeological Research Programme’. One of the areas that required research has been the Carnic Massif. Over the years this massif was partially researched by a team of mining archaeologists from Toulouse University contracted by the ‘Alburnus Maior National Archaeological Research Programme’. Albeit the fact that Mrs Beatrice Cauuet, the mining archaeologist in charge, never recommended Carnic’s archaeological discharge, the National Commission for Archaeology (NCA) recommended its discharge which was set in stone with archaeological discharge certificate (ADC) No.4/2004 and signed off by Mircea Angelescu, the general director of the MCC’s Directorate for National Cultural Patrimony.

Carnic is central to Gabriel’s mining development because it contains the highest gold reserves. During the years when Carnic was researched, the archaeologist’s relevant reports where not made public in their entirety but only meaningless passages. In contrast, Mrs Cauuet's 2002 report detailed the unique archaeological value of the several kilometre-long Roman and even pre-Roman mine galleries unearthed within Carnic. This report has proven to be vital in the successful court challenge of ADC No.4/2004.

In its judgement to annul ADC no. 4/2004, the Brasov Court of Appeal – the court of first instance in the case - ascertained that "It was proven that the Carnic Massif cannot yet be restored to regular human activities. The archaeological research is not yet finished. The underground of that area still presents a significant archaeological interest, as it is one of the most important mining centers of the Roman civilization [...] Starting mining activities (standard activities including the use of explosives) would lead to the alteration of the protected archaeological vestiges in the area. Referring to the described situation, the Court establishes that, at the moment of the issue of the Archaeological Discharge Certificate, the research was unfinished, the final report was not written and the exact identification of the areas which have to be protected and preserved was not decided [...] The exploitation of a part of the Carnic Massif is incompatible with the obligation to protect the Roman galleries discovered in the area. Their integrity would be affected. In claiming that in the Carnic Massif were discovered fewer vestiges than in other areas or that conservation works would be expensive, does not justify the issuance of an Archaeological Discharge Certificate."

In recent press releases and reports to its investors Gabriel Resources writes that "As the Company prepares its application for a new ADC 4, it will address all deficiencies identified by the Supreme Court. The Company anticipates applying for a new ADC 4 in the near term."

As shown above, the court ascertained that Carnic has not been fully researched, therefore no ADC can be granted over un-researched areas. From the areas already researched within Carnic, the court was able to confirm Carnic’s unique archaeological importance which is reflected in its protection status under Law 5/2000. Whilst this is not a deficiency that can be ignored it means that there exists no scientific basis for ever discharging Carnic; this no matter what future research within Carnic might bring to light. Even Romania’s mining law (Art. 11/1) clearly stipulates that no mining may take place in areas of archaeological sites. The MCC should thus reject any request for a new ADC over the Carnic Massif, and should ensure the long-term protection of Carnic's Roman and pre-Roman mine galleries as patrimony of universal importance. ICOMOS has voiced its support for such an initiative which, in contrast to Gabriel’s open cast cyanide mine, would ensure that the cultural value of the Alburnus Maior mining settlement is fully recognized, demonstrate the commitment of the Romanian government to cultural leadership, and guarantee a sustainable income for the local inhabitants.

We look forward to reading you reply and remain

Yours sincerely,

Eugen David
President
Alburnus Maior