(16-07-2025) According to the Minister of Energy and Mines, Eng. Jorge Montero, the draft bill of the Artisanal and Small-Scale Mining Law (MAPE Law) presents five critical issues that must be reviewed to avoid setbacks in the mining formalization process:
- Limitation of environmental oversight by regional governments: The draft restricts the ability of regional governments to enforce environmental regulations, which contradicts the Organic Law of Regional Governments, where this authority is clearly established.
- Risk of new legal loopholes in the formalization process: The bill proposes changes to the current REINFO mining formalization regime—valid until December 31, 2025—without an adequate legal transition, potentially creating loopholes exploitable by illegal operators.
- Violation of property rights in granting easements: The proposal includes a procedure that would force mining concession holders to transfer rights to third parties, which could amount to indirect expropriation without constitutional safeguards, violating Article 70 of the Peruvian Constitution.
- Contradiction with current regulations on alluvial mining: The draft allows activities that contradict Legislative Decree N° 1100, which prohibits the use of dredges in water bodies—a regulation upheld by the Constitutional Court. MINEM recommends adhering to technical and social criteria based on scientific evidence and international best practices.
- Unconstitutional proposal to exempt from criminal liability: The bill aims to exempt miners undergoing formalization from environmental crime prosecution, which is legally unfeasible and unconstitutional.
Source: Infobae