Environmental Engineering Reference
In-Depth Information
small-scale mining operations. Notwithstanding the de facto legal pluralism and col-
lective land rights of the Afro-Colombian people, there are many conflicts over the
land and the access to gold rich soils.
The formal legal situation is not sufficient to organise the small-scale mining sec-
tor. In response to the contradictions over the use of natural resources, communities
and miners have developed informal norms to cope with the situation. Such infor-
mal arrangements contribute to a state of de facto legal pluralism and to engaging
legal systems. The parties, however, are different than in the case of Suriname: Afro-
Colombian artisanal miners, Community Councils, mechanised migrant miners from
outside the region, municipal administrations and illegal armed groups. Although they
are not necessarily mining at the moment, large-scale mining companies are also actors
within, because they have interests in the region and have been granted mining titles
by the Ministry of Mines.
The preservation of cultural and ecological diversity are guaranteed in the Con-
stitution of Colombia. Law 70 of 1993 assigned and recognised collective land rights
of Afro-descendants and also established locally elected Community Councils as local
authorities. Law 21 established mechanisms for protecting the cultural identity and
rights of these communities through free prior and informed consent (FPIC) require-
ments. Although ethnic communities therefore have the right to self-determination,
their internal laws cannot contradict the constitution or any other law that has national
reach (Lugo 2006: 212). Additionally, environmental law 93 mandated government
agencies to work with indigenous and black communities in the conservation and sus-
tainable use of the resources in the region. To this end an environmental authority
(Codechoco) was created.
Artisanal mining has developed inside legally recognised mining areas of the Afro-
Colombian communities, and this type of mining does not require additional mining
titles or licences. Miners use simple technologies as well as small dredges and pumps.
Within these collective titles, the Community Councils are the official managers of
natural resources and are free to allow artisanal miners to work. Artisanal mining is
mainly done on the collective land titles of Afro Colombian communities. There are
some specific agreements between the miners and the community, as the collective land
titles are locally divided among families. In some cases, after covering the production
costs (pay for fuel, food and cook), 50 percent of the profits go the owner of the motor
or the Afro-Colombian landowner, while the remaining 50 percent is divided equally
among the different workers. In other cases, after costs are covered, what remains is
divided equally among the total number of “posts'': one for each worker, one for the
equipment, one for the engine and one for the landowner. These last three items are
usually owned by a single person who is typically the head of the production unit.
Depending on the location of the mine, different mining methods are used. The most
traditional and smallest artisanal miners do not use chemicals - mercury and arsenic -
for beneficiation.
The artisanal miners of Condoto and Tadó have consolidated responsible social
and environmental practices in alliance with NGOs (Amichocó and ARM). Some of
these miners have certified their own practices with the fairtrade/fairmined label in
order to obtain a premium for their products. This type of mining causes a low envi-
ronmental impact and there are no conflicts with the local communities. The lack of
state recognition for this form of small-scale gold mining is, however, an obstacle to
Search WWH ::
Custom Search