MAC: Mines and Communities

Mining protests in Madre de Dios region, Peru

Published by MAC on 2012-03-14
Source: Mining.Com, Peruvian Times

Illegal mining incorporated into the Criminal Code.

Informal and small scale miners in the south of the country are protesting a new law that will make informal mining a crime.

The new law is part of a series of efforts by the national government to regulate mining in Madre de Dios, a region considered by many as an environmental disaster.


Peru losing US$560,000 a day due to mining protests in gold-rich region

Cecilia Jamasmie

8 March 2012

Peru's Madre de Dios gold-rich region is losing US$560,000 a day as a result of informal miners' protests happening in the area since Monday, said the country's president of the regional chamber of commerce, Roman Meza.

According to the state news agency Andina, Meza is calling for dialogue between authorities and informal miners because the city has been besieged by over 10,000 protesters.

"All businesses have been forced to close. Police surveillance is limited. The two most important markets have been closed. The miners threatened to take over the main road which would worsen the situation much more," Meza was quoted as saying.

National informal miners association Fedemin kicked off an indefinite protest in Madre de Dios region on Monday, demanding the government to revoke a new decree that regularizes small-scale and artisanal operations.

Miners operating deposits illegally or breaking environmental rules now face up to 10 years in prison.

The regulation, according to Peruvian Informal Miners Association "Fedemin," organizer of the massive demonstration, "discriminates against the sector and will put thousands out of work."

The law passed last week established a new system to control and monitor chemical inputs used in illegal mining activities. It involves the involvement of a few state institutions. Tax agency Sunat will control tax and customs aspects; energy and mining investment regulator Osinergmin will oversee fuel sales, and production ministry will control chemical inputs.

The regulation also involves the armed forces and the public prosecutor's office contribution.

Illegal mining in the area involves about 30,000 people, who earn more than five times the national minimum wage.

Peru Sets Prison Sentence Guidelines for Illegal Mining

Andean Air Mail & PERUVIAN TIMES

March 1 2012

The Executive power, in a move to bring widespread informal mining under control, has incorporated the activity into the Criminal Code and set sentence guidelines for convictions on charges of undertaking unauthorized exploration, extraction and development of mineral resources, and causing damage to the environment through such activities.

D.L. 1102, published Feb. 29 in the official gazette El Peruano, considers sentences of between four to eight years’ imprisonment for these crimes, and up to 10 years on convictions for mining in unauthorized areas —natural reserves and peasant or indigenous community lands— as well as using river dredges, and contaminating irrigation or water systems used by humans.

The sentences also apply in the case of employing minors in the industry, and to government officials who grant fraudulent authorizations for such operations.

The financing of illegal mining, including the sale and distribution of equipment and products for the operations, is also now a crime.

Small mining and artisanal operations that are legally registered are now also held fully responsible in this new legislation for any negative environmental impact they may cause, according to mining and environmental laws, and are to be required to remedy the damages.

Although informal mining is the most notorious in the case of environmental damage —operating dredges on Amazonian tributaries and destroying miles of rainforest— small legal mining operations across the country have for many years escaped the more stringent supervision applied to the large and more visible mining operations.

The law will go into effect March 16, and illegal or informal miners as well as small mining operations are given 120 days to bring their operations into line with the new legislation.

Last month, on February 19, the Executive enacted D.L. 1100, which declares actions to be taken against illegal mining a national priority.  The actions include not only priority in documentary processes by the ministries of the Environment and of Energy and Mines but, more importantly, operations by military and police teams with ministry officials.

In November last year the Environment and Defense ministries, together with state attorneys, oversaw operations by the Peruvian Navy and police to destroy and impound 130 gold dredges in the Madre de Dios region, along the Inambari, Madre de Dios, Tambopata and Malinowski rivers.

Some 30,000 people are involved in the illegal mining industry, with some of its most menial workers earning more than five times the national minimum wage.

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