The mining sector has been rather concerned these days and much more now that we are beginning the year and date which is declared in inexequible mining reform are getting closer. The Constitutional Court will declare inexequible that was discussed and adopted by the Congress of the Republic in the year 2010, and it was enacted under the Act 1382 2010.
This law of 31 articles, reformed key of the existing mining code points, but the Constitutional Court decided to declare it inexequible regardless of the benefits that brought, since how this reform affects directly large mining indigenous and Afro-descendent, in social, economic, political and environmental matters, it was necessary to give a prior consultation with these mining operations before submitting to the Congress for discussion (prior consultation is a fundamental right of the minorities of a State and) It is stipulated in article 7 of the Convention 169 of the ILO).
Consequently, the Constitutional Court under the judgment C-366 of 2011, decided to declare this reform inexequible and gave the Government a deadline of two years for these consultations and its new presentation to the Congress that approved it. Because already we are approaching the time limit and the new project still it has not been presented to Congress, is more, only until now began to give the series of consultations needed to let communities know what, think and formulate their ideas for the creation of a new project that reformed the old mining code.
We must remember that the reasons why the Constitutional Court gave a deadline of two years and was not definitive in its decision, was by the environmental hazard running if left overnight for reform without a floor. Between what might be lost if these changes and the consultations were not made on time, is the issue of extensions of mining titles that were reduced from 20 to 30 years, that was the time that is stipulated in the old code; This time was reduced because currently measures and techniques for the protection of the environment are being upgraded rapidly and everytime you look for an extension, the company to be eligible under the new environmental regulation is necessary.
The reform would also fall down to article 34 of the previous mining code that determines excludable mining areas where the Colombian coasts were included, the wilderness and wetlands areas, archaeological, historical or cultural interest places. The foregoing mining titles as those of organic may not cancel, since these are protected by a normative silence.
Other environmental issues found in the new reform is the creation of the National Plan of ordering mining that should be carried out in concordance with the Ministry of environment and the restrictive prohibition of places of exploration and exploitation in which minors are if, whether this found and identified, the contract for exploitation will be cancelled automatically.
It is necessary that the Ministry of mines proceed smoothly lightning series of consultations which is under obligation to make and send the draft to the Congress as soon as possible with message of urgency, if they wish, to the adoption of a reform, we all know de-classified large discussions, many prominence and a myriad of interests.
Source:www.activolegal.com - @RevistaGobierno