Print Source: Information Analysis Bureau
The standard was approved by the so-called 'Congresillo' in January 2009. It establishes a royalty to the State's highest private enterprise of all proceeds from the sale of minerals. You are also given priority in allocation of land for exploration and development, and created the National Mining Company. The miners' unions claimed that the rule changes are radical and fear more reforms. In the Assembly there is a project that Pachakutik introduced in May this year.
The strongest feature of the current Mining Law, which was approved by the Interim Congress in January 2009, is that this time the state has a greater involvement in their own natural resources, because this country is going to take off its economy, as leagued assembly COUNTRY block the vote on the second debate of the law. The assembly of the ruling party contributed with 50 votes in favor of the Act, 65 members present.
The content of this rule does not retain any of the Mining Law was enacted in 1991, employers and consultants say. "He took a turn over 180 degrees," Orbea consultant said Victor, who also collaborates with the College of Engineering Geology, Mining, Petroleum and Environment (Cigmyp).
based Assembly of reforming the law, namely, Articles 408 and 313 of the Constitution which state that property are inalienable, and indefeasible State non-renewable natural resources, and in general, products subsoil, and other fields. Also non-renewable resources are considered a strategic sector and the state reserves the right to manage, regulate, control and management. Orbea
For current law there is no state boundaries, as participation in contracts with mining companies. He explained that the new text back royalties from last year, gives the government a minimum of 5% of profits by mining.
This benefit could rise to 50% plus the income tax, utilities, Value Added Tax (VAT).
procurement system, also unique, modified according to Orbea. The article states that the concessionaire will have to sign a separate agreement with the state to explore, exploit, benefit and other resources.
"Now there is the single contract which had given him extraordinary powers to universal, say the mining concession, which in part was fine but otherwise not. Now we have that the dealer must explore a mining area, but the while I discover a site has to return to talks with the State to negotiate a contract for exploitation. If you do not agree, what makes (the state) is contracted to the dealer as professional services, "said Orbea.
This type of contract is almost unique in the world, said the consultant, even in Latin America. "For there are negotiations stalled because many foreign companies do not look kindly on that ...."
concessions on areas that previously taken without due process also will regulate the current Mining Law, said Vicente Encalada, president of the Chamber of Mines of El Oro explained that before the grant was sought directly of land but now you enter a system that may also involve other interested bidders on the same property.
also mentioned that the company interested in exploring for or extracting minerals must submit a semiannual report to explain the progress of their work. "Before the patent is only being paid a dollar in the first year per hectare, and over time reaches $ 16. This time they asked for the plan of work, investment and semi-annual report is to verify if what you (the company) has committed to invest and work was being done, "he said.
For Marcos Reyes, president of the National Mining Chamber, radical reforms of the law were made to restrict mining in the country in private hands. He said because the validity of the new law the State reversed nearly 3 000 concessions, leaving about 800, with which he said there are not many resources to the country, from the payment of license fees hectares.
But he said that the reversal of mining concessions had to do with irregularities. "What happens is that you had to recover for the state a given surface to form a new state company ... So where going to work this new state company would create if needed the concession in private hands. Had to recover them, had them back. There was an argument that is waved at any given time in the Assembly, and as there was a minority, obviously as illegal because obviously it has been approved for this mandate is issued " . Demand
Constitutional Court
Indigenous Organizations as Conaie Ecuarunari, Confeniae, called in December 2008, then file the draft Mining Act Irina Assemblywoman Cabezas, who held the presidency of the Committee on Economic Development and Production 'Congresillo'.
The Indians said that the text of the law affecting the concept of "good living" and therefore was autocratic and unconstitutional.
the absence of consensus, the groups filed suit in March 2009, the Constitutional Court. But in March this year, the president of the organization, Patricio Pazmino, said the constitutionality of Article 15, 28, 31, 59, 87, 88, 90, 100 and 105 of the standard.
These items are related to declarations of public utility easements, freedom of exploration, mining concessions and more. Warranty
environmental involvement
In May 2010 Clever Assemblyman Jimenez, head of block Pachakutik, presented a bill to reform the Mining Law. The text still does not pass debate, and although not known with accuracy the content the author of the project, according to Jimenez Blog of the National Assembly, the proposal is the correct application of the constitutional mandate on participation Ecuadorian state the benefits of exploiting natural resources that are not clearly regulated. "
Jiménez said that the current Mining Law avoids the responsibility of the State in terms of policies and measures, "to avoid the impending environmental impacts, which leads to implicit more than punishment, the obligation of the owner mining restore ecosystems and compensate individuals and communities affected by mining. "
In that sense, Assemblyman proposes the creation of a guarantee of 10% of proven mineral reserves of the state mining companies Ecuador to ensure care for the environment.
The Mining Act prohibiting the installation of camps in areas of national security, which was not met by the prefect of Zamora Chinchipe, Salvador Quishpe, who has reiterated that the area of \u200b\u200b20 km of national security are located foreign companies.
said it repeatedly denounced the current government, including documentation but has not received a response.
not updated safety regulations since 1998
Vicente Encalada, president of the Chamber of Mines of El Oro, said that regulations on safety in the mining sector in Ecuador is not Reform for twelve years. However, he stressed that the updating of regulations has no major impact on the occurrence of accidents.
explained that the issue of mine safety has been discussed in international meetings, where it has been reported that countries like Chile and Finland, known for many mining, security codes has more than 2,500 standards, but still maintain a high rate of accidents.
"The problem is that everyone thinks is the lack of regulation, lack of laws, regulations which make accidents, it is not. The problem of accidents is lacking in conscience that arise from the lack of training. So no one can, no person, manager or worker measuring or assessing risk and less aware of the dangers but is aware, "he said.
explained that the entities responsible for reviewing compliance with safety standards in mining is the Undersecretary of Mines, where he indicated that the owner could not be pronounced on safety in mines in the country because he was at the site of Portovelo (El Oro).
In that place where the company operates Minesadco, working in the country for ten years, four miners were trapped in a landslide last Friday. After the accident the undersecretary Energy, Mines and Petroleum suspended the granting of the mining company for inactivity in the area, due to the incident.
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