Last Monday, Prime Minister Mirtha Vasquez announced that the Executive will propose to the National Society of Mining, Oil and Energy (SNMPE) a series of changes in the General Mining Law in order to reduce the amount of social conflicts related to the sector.
But nevertheless, In recent years, this is not the first time that modifications to the law have been planned.
Thus, in 2019, the Commission for Sustainable Mining Development was created with the aim of proposing regulatory and management measures for the development of sustainable mining activities.
The multisectoral working group led by Roxana Barrantes, current member of the board of the Central Reserve Bank of Peru (BCRP), presented its report in February 2020.
Consulted by La República, Iván Lanegra Quispe, a former member of the commission, pointed out that one of the main approaches of the study to reduce social conflicts is related to the introduction of regulatory changes that allow a territorial approach of mining activity.
“The report raises the importance of introducing a territorial approach to mining promotion policies. In such a way that mining is not an isolated element and is inserted in the country’s development plans ”, he mentioned.
According to Lanegra, this will also allow to improve the investment, the environmental cost and strengthen the elements of participation such as prior consultation.
It also specifies that changes in the mining law must take into account the concerns of indigenous peoples.
“You cannot let the indigenous people and the company solve everything, there must be an intervention of the State aimed at guaranteeing the rights of the peoples, in particular the right to land ”, he added.
Finally, Lanegra highlighted that the report included recommendations to improve environmental regulation and the use of resources from the taxes generated by mining.
The data
Changes. The Executive will also insist this year on proposing a mining tax reform, which was denied by Congress in the request for powers of 2021.
Non-substantial changes were proposed
Spotlight by: Carlos Herrera Descalzi, former Minister of Energy and Mines
A commission was appointed to review the mining issue and to propose something in this regard, there was one and that included changes to the General Mining Law, but not substantial; at that time what was involved was to improve the issue of social conflicts. Regarding the economic relationship, it was found to be adequate, it did not move. The topics that were seen were environmental, social, with relatively small adjustments, but not transcendent things. It was known that the exploration was very slow; The idea was to facilitate exploration activities, because they have very little environmental effect.
Most socio-environmental conflicts are related to mining
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