The Minister of Energy and Mines, Víctor Hugo Ventura, reiterated to the country’s extractive sector that a mining moratorium is being prepared with a period of no less than two years, while the legislation that governs this productive activity is modernized.
The announcement was made during the closing of the Second National Congress of Responsible Mining organized by the Chamber of Industry of Guatemala (CIG) and the Union of Natural Resources, Mines and Quarries (Grenat) and the official added that the government and the ministry will support and They will work on the modernization of the legal framework, as well as on the preparation of the respective bill.
“This means that new license applications are temporarily suspended, but what is in process will continue. We are thinking regarding a prudent period of two years, in which the issue can be discussed and an agreement can be reached,” said Ventura, explaining that there will be a broad dialogue.
He added that they are aware of the importance of having modern, sustainable mining, in the three axes of development such as social, environmental and economic, and without forgetting the great challenges of the new mining which is to promote activities that generate value. aggregate.
For their part, representatives of the aforementioned union said they agreed on a serious review of the mining legal framework and proposed several actions, but they oppose a moratorium.
The legislative initiatives
Prensa Libre asked Ventura if the government will send a bill to the Legislature, considering that there are already three (one presented in 2024 and two recovered from previous years) to which the official responded that there is no need to send a new one because The three mentioned already exist.
This is what each project contains:
Initiative 6049
Proposes the Moratorium Law on Metal Mining Recognition, Exploitation and Exploitation Licenses; It was presented to the Legislative Directorate in March 2022 by the deputies who made up the Semilla bench that year Román Wilfredo Castellanos Caal, Lucrecia Hernández Mack, Bernardo Arévalo De León and Samuel Andrés Pérez Álvarez. The proposal was read in plenary session in February 2024.
It has 4 articles that decree the moratorium on metal reconnaissance, exploration and exploitation licenses and operations for a period of 10 years. It includes the prohibition of the granting or extension of licenses, and the suspension of those with an exploitation area greater than 5 square kilometers.
In addition, it establishes conditions to disable the moratorium, including that the MEM has carried out studies to determine the presence of rare earths and types of minerals in the country; and the creation of metal mining regulations.
It also proposes to reform the royalty percentages, modifying paragraph 1 of article 63 of decree 48-97. With this, royalties for the exploitation of minerals would rise to 51%, of which 40% will go to the State, and 11% to the municipalities. Currently, said article states that it is 1%, it already establishes that half a percent goes to the State and half a percent to the municipalities.
The proposal does not modify the part that refers to construction materials, which will pay 1% royalties to the communes.
Initiative 6152
It provides for the approval of a law that declares Guatemala “Territory Free of Extractive Metal Mining”, known in the plenary session of Congress on February 15, 2024. It was presented by Sonia Gutiérrez and Adán Pérez y Pérez, from Winaq, on October 19, 2022 .
In its 15 articles, it declares of national interest the completion, termination and cancellation of extractive metal mining operations, through State activities towards sustainable development that seeks social well-being, protection and preservation of life and health, water and natural resources.
The purpose of the law is to establish the legal framework for the completion of extractive metal mining operations and, among other issues, establishes that the MEM must finalize current licenses and not grant new ones, apart from the fact that the Ministry of Environment and Natural Resources (MARN ) must suspend the process of environmental impact studies.
Initiative 6335
Proposes approving a Mining Moratorium Law; It entered Congress and the plenary session in February 2024, presented by VOS deputies, José Alberto Chic Cardona and Orlando Blanco. Contains 4 items.
Establishes the mining moratorium for a period of 3 years, also with the suspension of issuance of licenses for the recognition, exploration, and exploitation of metallic minerals, so that the MEM can review compliance with the work plans of the licenses that are in place. current, through audits.
In cases where non-compliance is demonstrated, the MEM and the MARN must proceed to deduce administrative and criminal responsibilities. The MEM will not be able to grant licenses within that period.
The three initiatives were sent to the Energy and Mines Commission of Congress.
“Amendments can be made”
Deputy Samuel Pérez, one of the speakers of the initiative presented by the Semilla bench in 2022, said that it is a position that belonged to the party, but that now belongs to the government, so they will speak with Minister Ventura to define the amendments that are necessary.
“We believe that (mining) is a bad business in a broad sense because it leaves little income for the State, it generates little employment and of poor quality; “It practically does not contribute to economic growth and mechanical mining activity in particular is especially harmful to the environment.”
Communication with the minister should be finalized in the coming weeks before the plenary session of Congress goes on recess, which begins on May 16, Pérez added.
The president and vice president of the Congressional Energy and Mines Commission, Orlando Blanco and Luis Contreras respectively, were also consulted, but they have not responded.
Blanco is a speaker for the VOS initiative for a 3-year moratorium; Meanwhile, Contreras mentioned in a meeting of said legislative chamber with the head of the MEM, on March 13, that they will analyze the initiatives that were transferred by the plenary session to that commission for the respective opinion.
La Grenat opposes to the moratorium
The executive director of Grenat, Valery Zurita, explained that the sector is paying attention to the legislative initiatives and what they have heard regarding the intention of a moratorium, but states that article 25 of the Political Constitution of the Republic declares utility and public need, the technical and rational exploitation of hydrocarbons, minerals and other non-renewable natural resources.
Furthermore, since 1985, when that Constitution was created, the country defined what the role of mining was, “so if we are going to talk regarding a moratorium or a ban on mining, we would be talking regarding going once morest the Constitution”.
The executive said that the union agrees that they should talk and open dialogue with different actors to seek reforms, but not only to the law, but also to the environmental evaluations and consultation processes. “Stopping that industry should not be the solution; “We can improve, without needing to stop it.”
Regarding the bills in Congress, he said that they know that one proposes a moratorium for three years, the other is for 10 years and the third is a total ban.
The executive expressed that “the message that the President (of the Republic) conveyed through the Minister of Energy and Mines is encouraging, indicating that the intention is to seek to activate the projects that are currently suspended.” This message was given at the inauguration of the Responsible Mining Congress, although at the closing of the event, the minister spoke to them regarding the already mentioned moratorium.
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