The constitutionalist Samuel Abad exposes the claim of unconstitutionality before the TC, which has been left to vote.
How is the lawsuit for unconstitutionality of the Reinfo?
This lawsuit was filed last year, on November 13, 2023, by the Loreto Bar Association. In exactly 5 days we will turn one year old. They are in the area and recognize the amount of pollution that exists as a result of the illegal mining. The lawsuit was filed, answered, and the report of a United Nations expert who was at the hearing was presented. What is sought with this lawsuit is that this extension of the formalization registry, better known as the Reinfowhich has had successive extensions and expires on December 31 of this year. Apparently, Congress wants to extend it again.
Look: Diana Gonzales: “El Reinfo is a failure”
Only 2% of those registered have formalized it.
It is not a new topic. This formalization process began 22 years ago, in 2002. And it has been extended until December 31. Today there are five bills. The idea of formalization, in itself, is not bad. The problem is that this has failed. This formalization process has become a formula for illegal miners to exploit and carry out this illicit activity without any control. It is enough that they have a certificate that certifies that they have registered in the Reinfo so that they enjoy impunity, because they are not criminally or administratively responsible. Nothing happens to them. And the purpose of achieving formality has not been met, because only 2% of those registered have been able to formalize. It has been a model that has failed. The only thing it has contributed to is the pollution of the environment and the impact on health. Remember that these miners use mercury, which has serious consequences for people’s health and lives, because it has contaminated waters and affected areas where indigenous peoples live. It has even fostered illegal economies, affecting additional rights with issues such as trafficking and forced labor. And they have also murdered several environmental defenders, as has been publicly reported. The State has abdicated its control function, dictating these types of regulations that have created a parallel State. Let’s hope that the Constitutional Court (TC) act quickly, because the process ends at the end of the year and what can happen is that along the way new extensions are issued to Reinfo and the TC cannot rule on a new law that has not yet been the subject of the lawsuit.
The TC is asked to rule on the underlying issue, so that another law does not overturn it.
That is what we have requested. In the hypothetical case that a new extension law is approved, which we also ask the T.C. is to rule on the new rules. We have asked the T.C. to declare unconstitutional not only Law 31388 that extended the Reinfo until December 31, but also to close this formalization process. This formalization system is 22 years old and has not fulfilled its mission.
For the IPE, from 2005 to 2023 the export of illegal gold multiplied by seven.
We live in a parallel country where the law is not respected. Here, based on Reinfo, the law is not respected because crimes are committed and illegal gold can be exported without any problem, without criminal, civil or administrative liability. Nobody has that. Rules have been issued that allow formalization that have not actually contributed to formalization. And what Congress is proposing is only extension after extension. And truly, this situation is generating rights violations. This should motivate the pronouncement of the Constitutional Court. Congress itself has recognized that these regulations affect rights, but has said that it is an exceptional situation, justifying this impact on rights. But a 22-year violation of rights cannot be justified. To declare this rule unconstitutional, 5 votes out of 7 are required. Legally, it is 30 days after the hearing, which was on Tuesday, November 5. But the validity of this law expires on December 31. And many times the T.C. he takes his time. That is why we have asked that it be resolved as soon as possible, given the situation. Illegal mining generates pollution and affects the right to life, health and integrity. The illegal mining It is an island of impunity. And protected by Reinfo.
PLEASE NOTE
“The MAPE law (Small Mining and Artisanal Mining) is not going to resolve this issue either. Obviously, it must be approved, but they are different things. This extension must be eliminated. And then, let the authority act.”
“Capacity and budget are required in regional governments, because they have to do with artisanal and smaller-scale mining. Illegal miners are often hidden there. Their control and management capacity must be strengthened. Also the role of the police, so that they protect those who report, because if not they kill them.”
RECOMMENDED VIDEO
