Small-scale miners from all over Colombia have raised their voices to unanimously reject the reform project of Decree 1374/13 which seeks to declare and delimit temporary reserve zones without other technical criteria and behind the backs of the communities.
This project has sparked discontent and protest among thousands of artisanal and small-scale miners, who believe that this initiative would condemn them to illegality and would hinder the work they have been doing for more than 400 years in the mining regions, and would prevent them from formalizing their trade.
According to Ivonne González, director of the Colombian Federation of Small Ancestral Miners currently being formalized (FEDEMAPEC), the reasons for this protest are clear and strong, and she stressed that “first of all, this decree openly transgresses article 34 of the Mines Code by authorizing the creation of mining exclusion zones in the country without the support of solid technical studies. And secondly, it is based on the generalized application of the precautionary principle, which should be exceptional and not the rule.”
The leader indicated that the standard that the Ministry of Environment plans to issue goes against Article 47 of the Natural Resources Code, which recognizes acquired rights as a fundamental constitutional right.. Furthermore, these rights must be respected and enforced in the mining sector, ensuring that those who have invested decades in this work can continue legally and sustainably.
A fundamental point of his statement is that, to apply article 47 of the Natural Resources Code on reserves and article 34 of the Mining Code on areas excluded from mining, as well as to comply with the ruling of the Council of State, it is not necessary to publish a new decree.
According to the miners, existing laws already establish the guidelines and criteria for application, and the ruling of the Council of State is explicit in its approach towards the Ministry of the Environment.
“We reject the contradictory actions that the Government is taking towards the mining population: on the one hand, they invite us to ‘collectively’ build a reform of the Mining Code, but then, behind the backs of the communities and without any participation or consultation, we adopt decrees that contradict the promises and clearly harm our work, like the one that your ministry plans to issue”, declared Ivonne González, director of the Federation Colombian Ancestral Minors in the Formalization Process (FEDEMAPEC).
The situation is all the more complicated as the decision of the Council of State, which orders the Minister of the Environment Susana Muhamad to carry out this work, was the subject of a protection suit by the mining organizations and unions. The process is still ongoing due to allegations of disregard for the fundamental right to participation of those who will be affected by this decision. This demand has been promoted by unions like Asomineros, Fedecarboy and others, who defend their right to participate in this crucial debate.
Small miners are launching an urgent appeal to the Ministry of the Environment so that this decree is not issued and that they are heard. They announced the organization of a National Convention for minors in all departments of the country. In this event, they look for solutions to the problems they face in their work and want to develop a roadmap that allows them to formalize and carry out environmentally friendly mining.
They look forward to the government’s presence at this congress, because they firmly believe that by working together, they can find solutions that benefit everyone.. The voices of small-scale miners are being raised in defense of their work and in pursuit of a sustainable future for Colombia, where responsible mining is an achievable reality.
