Pasivos ambientales mineros generados por actividades extractivas en Colombia: Marco jurídico, conflictos socioambientales y lineamientos para una gestión sostenible.

Abstract

In Colombia, the mining-extractive activity of inorganic substances: minerals, metals such as gold and platinum, emeralds, non-metals as construction materials and those of more recent exploration and exploitation, the mineral coltan constituted by columbite (Niobium Nb) and tantalite ( Tantalum Ta) and other chemical elements of the lanthanide group, usually called "rare earths" (Borda-Mancilla, 2020). The extractive activity is carried out under mining concession contracts, with an evident instability and legal insecurity to safeguard individual rights of people or groups of ethnic and rural communities, affected by the environmental impacts and environmental liabilities generated by extractive activities and closure of The projects, which in other contexts are described in a normative way as mining and post-mining when the concession mine is closed, dismantled and abandoned (in countries such as Chile, Peru and Bolivia). The legal problem identified by the authors is raised in the central research question: What are the socio-legal implications of the mining impacts and environmental liabilities generated by the mining-extractive activity and what are the socio-environmental conflicts generated on the communities and ecosystems of the area? of influence? Based on the secondary sources reviewed with bibliometric analysis on different publications and case studies, on the effects of small mining and medium and large mining, some underground and others open pit, in different Colombian departments the socio-environmental conflicts are described. cause of extractive exploitation, AMI and PAM, on the healthy environment, human rights, culture, health, territory-territoriality; also with notable consequences in job insecurity (FES-ENS, 2014). The main case studies, those reported by Saade-Hazin (2013); Urrea & Calvo (2014); Renteria-Becerra & Fernández-Soto (2018); Gerstenberg & Villegas-González (2019); Ayala-Mosquera et al. (2019). Through qualitative socio-legal research, using the analysis of the legal-normative context as a method, to collect and systematize the information from secondary sources. For the methodological development, three categories of analysis are addressed: i) national mining-environmental regulations, compared with Andean countries; ii) Mining Environmental Impacts (AMI) and Mining Environmental Liabilities (PAM); iii) violated human and collective rights, national and comparative mining-environmental regulations. The work converges in the proposal of guidelines directed towards a policy for sustainable and socially responsible mining management, in the face of the severe PAM generated by extractive activity, especially mega-mining.