7 of September of 2020
MME will support mediation between titleholders and small-scale miners

The National Development Plan 2018-2022 provides that the mining authority must conduct a mediation process in the event that applications for formalization of traditional mining are submitted in an area entirely occupied by a mining title. However, there was no regulation that organized this negotiation process, so if a titleholder refused any kind of mediation or if the small-scale miner and the titleholder failed to reach an agreement, the mining authority had no other choice that reject the formalization request. 

Therefore, the Ministry of Mines and Energy ("MME") considered it necessary and appropriate to issue a special provision to carry out these mediation processes in a coordinated and timely manner. Thus, the objective of Resolution 40237 of August 14, 2020 (the "Resolution") is to define the mediation guidelines that allow dialogue and conflicts resolution between the miners who have been carrying out mining activities in the area of a mining title and the beneficiary of this mining title. This, to achieve the implementation of the mechanisms of formalization of small-scale mining through the figure of devolution of areas. 

First, the Resolution establishes that the MME (through the Directorate of Mining Formalization or whoever is acting on its behalf), should intervene in the meetings that are held for mediation processes, by a series of activities and procedures aimed at facilitating mediation and the decisions that are achieved in this scenario. In fact, one of its tasks as an intermediary is to carry out a periodic follow-up that allows the mining authority to verify the advances in the procedure of devolution of areas that has been agreed in the mediation process. 

The agreements reached in the mediation process will be recorded in a minute that shall contain the decisions and steps to follow for the procedure of devolution of areas for formalization. In any case, the MME must inform the mining authority in writing of the result of the mediation. 

However, not all issues regarding mining formalization will be subject to this process. The decision of which mining titles can be subject to the devolution of areas takes into account: (i) the conclusions in the reports of inspection visits; (ii) the strategies of inter-institutional articulation in territory for the support of small mining communities; and (iii) the social problems that require a special rapprochement, among others. 

Notwithstanding the above, and in observing the parties’s autonomy of the will, the titleholder and the small-scale miner may enter into agreements outside of this scenario, if they consider it appropriate. 

To see the Resolution, please click on the following  link

 

 

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