Illegal mining in Peru: who are the congressmen who helped suspend the decree that combated illicit activity?
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On Wednesday, March 13, the Plenary Session of Congress approved to repeal the legislative decree 1607 that sought to combat the illegal mineryestablishing as a deadline the March 20 for the formalization of mining activities.
Exclusively for Channel Nthe environmental lawyer Cesar Ipenza has indicated that the elimination of the decree was carried out expressly, ignoring the usual procedure of review and approval by the Energy and Mines Commissionchaired by Congressman Second Quiroz.
In addition to skipping said analysis, the repeal would have been achieved after key meetings between informal miners and congressmen Alejandro Muñantefrom Popular Renewal; Eduardo Salhuanafrom Alliance for Progress (APP), and Jorge Alfonso Marticorenatoday in Peru Bicentenario (formerly Peru Libre).
“This legislative decree, which has been expressly discussed, did not have an opinion from the Energy and Mines Commission and was put in place as a result of pressure from miners in Parliament, but we must also specify that this week these miners met with the Congressman Alejandro Muñante, with Congressman Eduardo Salhuana, who has been an advisor to the miners of Madre de Dios, with Congressman Marticorena who has presented initiatives that benefit informal miners, and has been put on the agenda in a peculiar way,” said Ipenza. .
The mining formalization In the country it has already been in process for 22 years. Legislative decree 1607 sought to put order in the Comprehensive Registry of Mining Formalization (Reinfo)—registry administered by the Ministry of Energy and Mines (Minem)— excluding those miners who did not meet the necessary conditions for their legal operation.
In other words, according to Ipenza, the objective of the standard was to differentiate between small miners who are committed to responsible exploitation and those who prefer to remain informal, using the Reinfo to cover up illegal activities.
“This Reinfo is usually used to disguise illegal mining and this affects formal activities, small miners who are doing things well and put them all in a single bag,” he details.
However, Ipenza warns that the recent vote in Parliament seems to open the door to the continuation of these illegal practices, which not only put ecosystems at risk, but also affect formal miners. that comply with current legislation.
“The formalization process has already lasted 22 years and the existence of these records dates back to 2012. It is not possible that we have 12 or 10 years for miners who do not have an exploitation contract or are not meeting the conditions to remain in that Reinfo. They are suspended,” Ipenza declared to Channel N.
Likewise, the repeal of the Legislative Decree 1607which offered to the Police authority to act in cases of illegal possession of explosive materials used in mininghas generated concern due to the consequences it could have in the fight against illegal mining activities and mafias that impact formal mining.
Well, this rule, which also contemplated the exclusion of offenders from Reinfo, has been eliminatedleaving police action limited to communicating to Minem about the improper use of explosives without granting them broader powers.
He Congress made this decision despite the background of fatal accidents in informal mines associated with the misuse of these explosives. Given this, Ipenza commented that it is expected that the Executive use your powers to observe this derogation in order to maintain vital tools in the fight against illegal mineral extraction.
“We hope that the Executive does its part to guarantee citizens the right to live in a healthy and balanced environment,” commented the specialist.
During the interview with Channel NIpenza described the act as a “clear pressure from miners outside the law” and accused Parliament of complicity with these illegal practices, suggesting that it favors illicit interests over the safety and effective regulation of mining in the country.
“From various spaces, such as the Illegal Mining Observatory, we see with great concern how private agendas, criminal organizations, impose themselves on decisions that should benefit the entire country,” said the specialist.
In addition, the environmental lawyer expressed his concern about the existence of other bills linked to the promotion of illegal mining.
Among them the legislative initiative 3634from the parliamentarian Jorge Luis Flores Ancachiof Popular Actionwhich would seek to increase the limit of hectares required to classify as a small miner, which, according to Ipenza, implies a setback in efforts to preserve the country’s natural resources and guarantee the well-being of the communities affected by the activity.
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