Draft new law proposing restrictions on the issuance of mining rights in Colombia's fragile ecosystem

The Colombian government has released a draft decree aimed at establishing new standards for temporary nature reserves based on mining and environmental regulations.

The draft decree was issued by the Ministry of Environment in accordance with the ruling of the State Council and other decisions of the Constitutional Court. Citizens, companies, associations and other entities can comment on it. The Constitutional Court ordered the Gustavo Petro government to implement a mining restructuring plan to protect the country's ecosystem.

In a video statement released on social media by Susanna Muhammad, the Minister of Environment of Colombia, said that, specifically, the decree was issued in accordance with a ruling of the State Council on August 22, 2023, which requires the Ministry of Mines and Energy to work with the Ministry of Environment to correct "the large-scale mining chaos caused by previous governments"

According to Muhammad, Colombia has granted hundreds of mining rights without considering environmental and ecosystem factors. Therefore, the ruling of the State Council ordered relevant ministries to take concerted action to establish temporary protected areas while properly planning and establishing long-term nature reserves.

The idea of establishing temporary protected areas is not new as it was included in the Natural Resources Act of 1974 and implemented in previous occasions.

The goal is to prevent mining authorities from continuing to issue mining rights in fragile ecosystems, "said the minister. However, the new law will never infringe upon existing rights. For example, a mining company that already has a mining license, work plan, franchise rights, and operates responsibly and complies with all legal requirements will be allowed to continue doing so

Muhammad pointed out that the new regulations will be strictly implemented, guided by the principle that natural reserves and ecological services are crucial for national development.

She said, "In the context of climate change, without water and environmental capabilities, there is no future for the economy. As a government, part of our responsibility is to organize our territory to ensure responsible growth

As early as May, Irene V é lez, the Minister of Mines and Energy of Colombia, expressed in a similar tone that a new mining policy being discussed by the government would consider restructuring the country's development areas around water resource protection.