Environmental Engineering Reference
In-Depth Information
further development of the sector in the Afro-Colombian communities. According to
the state's definition, there is no place for elaborate techniques in artisanal mining, as
only panning is considered. This definition rejects the complexity of artisanal mining
and obscures their practices, making the communities more economically vulnerable
and invisible. Moreover, there is an expectation that traditional communities remain
static in their artisanal mining practices, which prevents them from increasing their
productivity and income.
Mechanised miners are typically from outside of the Chocó region and use heavier
equipment including excavators. Unlike artisanal miners, these miners are required by
law to have mining titles, a concession agreement and an environmental licence from
the national mining department (Ingeominas) and the regional environmental author-
ity (Codechoco). This requires proof of financial and technical viability of the mining
operation, as well as a detailed environmental management plan. Most of them do not
fulfil these legal requirements and are therefore considered illegal. Some of these min-
ers have ties to guerrilla and paramilitary groups and narco-traffickers. They establish
agreements with the municipal administrations that authorise their mining activities,
despite not having legal mining titles. Municipal administrations charge approximately
USD 900 for the construction of the mine and a monthly fee of USD 250 while it is
operating. Such agreements also establish a set of minimal environmental management
conditions that may include the prohibition of mining operations during the weekends
in order to avoid visible water pollution on these days. This is important for commu-
nities, because the weekends are the time for families to enjoy the river. Sometimes
municipal administrations require miners to allow members of the community to pan
in their mines. There are two reasons for this: (1) it is a means of generating income for
community members, and (2) it creates acceptance of mining activities among the local
community. The competition between the artisanal miners and mechanised miners is
one source of conflict in the Chocó gold fields.
Apart from the “authorisations'' from municipal authorities, the mechanised min-
ers have to make agreements with the Afro-Colombian landowners, the families that
derive their private land titles from the collective land rights of the community. Typi-
cally in this situation, miners have already made arrangements with municipal mayors,
the public officials who are in charge of administering land use. Municipal adminis-
trations have an important influence on how mineral resources are exploited, because
in practice they are the main local environmental authority and the main regulatory
entity. They are the entity responsible for developing municipal land use plans, as
well as granting land use permits. It is worth noting that, in contrast to national and
regional environmental authorities, municipal authorities also have policing authority,
a jurisdiction that allows them to decide whether or not measures will be taken to close
down mines. Depending on the conditions of the land, the Afro-Colombian landown-
ers' capacity to negotiate, and how promising the deposit looks, mechanised miners
must pay them between 10% and 15% of the total production. In other cases they pay
a rental fee based on the same criteria. Sometimes landowners will set environmental
management requirements such as backfilling intervened areas. These requirements
are however not always met, and the landowning families do not have the means to
enforce the tenants.
Local Community Councils, who are the administrative bodies of the Afro-
Colombian collective titles, also have agreements with mechanised miners that work
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