A week ago, the Ministry of Energy and Mines published the Supreme Decree project that regulates the rectory and expansion of the deadline for the integral formalization of small mining and artisanal mining. This proposal responds to the mandate of the Executive Branch to regulate the extension of the reinforce for six months and grant another six months of extension, if necessary.
However, this legal device introduces some controversial points. In its third modifying complementary provision, it is proposed that the ownership of the registration in this registry can be transferred by succession when the accredited informal miner dies. That is, a hereditary reinfing.
According to César Ipenza, a lawyer specialized in environmental matters, this measure contravenes the unique text of the General Mining Law when it is indicated that artisanal mining producers are dedicated to this activity personally, regularly and directly.
“We want to continue extending this activity for generations, apparently. If time is going to be expanded, future generations will be inherited. In addition, this issue wants to save the administrative responsibility that officials of the Ministry of Energy and Mines have, since We have had between 2016 and 2018, about 2,000 dead miners, who have been declaring production and is still in force, “he told this medium.
For its part, Máximo Franco BeckerPresident of the National Confederation of Small Mining and Artisanal Mining (Confemin)He argued that the transfer of ownership in the registration by succession is a correct approach. However, it specifies that the Supreme Decree project of the Executive regulates scope that does not correspond to it.
“You cannot with a Supreme Decree to regulate what the law does not send. Law No. 32213 is only authorizing them to regulate interoperability and rectory. However, in this proposal they are raising other things not included in this mandate of the Congress We are already presenting a document about it. ” He said.
While the leaders of the Confemin agreed to establish a technical table with the representatives of the Executive Power, this space is not yet installed. In that line, Becker protests because the contributions of their guild are not collected in the regulation proposal and announces that they are requesting the Parliament for an upcoming citation to Minister Jorge Montero to respond for this legal device.
Indefinite reim
For the president of the Confmination, the reimo sincereness is needed with the purpose of having an exact data, purifying the register and making a formalization plan. It also recognizes that this mechanism must be a “kind of brief that allows permanent work anywhere.”
A counterpart, specialists consulted by the Republic have sustained on more than one occasion that the balance of the reinfill is a failure. Of 84,486 registered miners, only 2,091 have managed to formalize. As César Ipenza recalls, a multi -party bench is held in Congress that represents the interests of informal and illegal mining.
Precisely, some legislators related to this sector are in the Energy and Mines Commission chaired by Paul Gutiérrez. They have the mandate to formulate a proposal for MAPE Law that until now does not find a consensus in its work methodology and in its content. While the confmin Reinfo indefinitely.
“What external actor other than an informal miner has participated in the discussions? Only, are congressmen who have particular interests about informal activity with managers of all the problems linked to the activity of small mining. Where are the affected and discordant voices?
Source: Larepublica
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