The plenary session of Congress approved tonight a new law for the expansion of the Reinfo (Comprehensive Mining Formalization Registry), for six months, with the option that the Executive can extend this period for up to six additional months, by means of a supreme decree.
“The term of the comprehensive mining formalization process for small and artisanal mining activities ends on June 30, 2025. The aforementioned term may be extended, only once, for six (06) additional months by decree issued by the Ministry of Energy and Mines,” reads the final text approved at nine at night.
The norm was sanctioned with broad support in the vote, after the approval of a more consensual opinion in the Energy and Mines Commission, chaired by the legislator. Paul Gutierrez (Magisterial Block).
Extension period
The expansion of Reinfo, then, would be for up to one yeartaking into account that it will be difficult for the Executive and Congress to approve a law for small mining in just six months.
In fact, this is the third extension of Reinfo from Parliament. This state power approved a first extension in 2019, until 2021. This year the same Parliament gave an extension until 2024 and now they have just done the same until 2025. In this entire period, a law could not be approved that formally regulates the activity of small mining.
Previous proposals
In the debate of the Energy and Mines Commission there were voices from the left that sought a longer period. Segundo Montalvo asked for at least a year, plus an extension for six months, but he had no support.
Diana Gonzalesfrom Avanza País, proposed an extension for only three months, but left open the possibility that the Executive could establish new extensions, indefinitely, through decrees.
Their argument was that, given a possible delay in approving the new law on small-scale mining and artisanal mining within the twelve-month period, the issue could return to Congress in a very risky period, such as the electoral season. His request was also not supported.
The approved text differs widely from the proposal promoted by the National Confederation of Small Mining and Artisanal Mining of Peru (Confemin), for an extension of up to five years.
Next steps
What is coming now is the beginning of the debate for the approval of the small and artisanal mining law. Paul Gutierrezfrom now on, announced that on Monday they will begin the analysis of the project presented by Palacio, in order to seek the approval of the new standard within the maximum period of twelve months.
The aforementioned law on small and artisanal mining must be consolidated into formalization, a process that has been postponed since the issuance of the legislative decree 1293from the year 206.
Controversies about the norm
One aspect that was a matter of discussion in the Energy and Mines group was whether or not the regional governments maintained the functions for the formalization processes. The approved text now establishes that everything is concentrated in the Ministry of Energy and Mines.
The new norm now specifies that it is the exclusive responsibility of the aforementioned ministry to “exercise the stewardship of small-scale mining and artisanal mining activity, including supervision and coordination at the regional level, as well as implement the policies for its formalization.”
Another aspect that emerged along the way was the proposal presented at the last minute by Fujimori legislator Arturo Alegría; something that had not been commented on in the commission’s previous debates and that was not consulted with the Ministry of Energy and Mines.
This is a proposal of traceability. The approved standard now establishes the creation of the Interoperable System for Small Mining and Artisanal Mining, “to supervise the operational traceability of minerals, explosives, chemical inputs and controlled products in small and artisanal mining.”
This system will be implemented by the Ministry of Energy and Mines within a period of six months, and must be interconnected with other entities such as SUNAT or the Police, and the Financial Intelligence Unit and Reniec must provide information.
The omission of Congress
Congress avoided addressing in the Reinfo expansion law the possibility of repealing a clause of legislative decree 1293, which allows impunity for illegal miners continue to operate in prohibited areas, without being able to be included in investigation files for the commission of crimes.
Parliamentarian Ruth Luque asked in plenary to include the repeal of said clause, without having support. The new expansion of Reinfo, consequently, will also continue to benefit the illegal mining.
