Court orders suspension of mining licenses in Colombia

A Colombian court has ordered the government to suspend the granting of mining licenses until the authorities establish or delimit natural reserve areas in which it will not be possible to carry out these operations because environmental risk.

The Administrative Court of Cundinamarca (center) supported its decision, which is subject to appeal, under the right "to enjoy a healthy environment, the existence of ecological balance as well as management and the rational use of natural resources ".

The suspension of the concession of mining titles will be of a maximum duration of three years, when the Ministry of the Environment must have updated the "cadastre minier", that is to say a map of excluded areas for the execution of these activities.

In its opinion, the Court recommends this update to protect wetlands, parks, natural parks, groundwater and "other areas of ecological importance", where there are current interests. and which are neither delimited nor recognized.

The decision was issued on December 6, but was made public on Friday by the left-wing senator Iván Cepeda, who, together with social organizations, had initiated in October 2013 a popular action for the "defense" of these territories.

"It is a judicial decision that finally admits that the mining policy contains significant irregularities to correct, for which it urges the mining and environmental institutions to coordinate the house before proceeding," said the legislator. A declaration.

Cepeda explained that the court had recognized the existence of areas excluded from mining for legal reasons and that, because of their "environmental importance, they should be added to this inventory" to avoid damage .

The judicial initiative filed by Cepeda and the organizations targeted the ministries of the Interior, Environment and Mines and the national environmental and mining licensing agencies.

The Ministry of Mines had suspended the granting of mining permits in February 2011 until the updating of the mining cadastre. But the National Mine Agency took over in October 2012.

The mining sector contracted 3.6% of Colombia's GDP in 2017.

Investment in this sector has declined significantly in recent years, with mining companies finding that there is "legal uncertainty" after holding popular consultations in various municipalities that have banned mining on their territory.