He Prosecutor Federico Chávarry, of the Provincial Prosecutor’s Office Specialized in Environmental Matters of Punostated that there would be at least 300 thousand illegal miners in Peruwhich have been operating with impunity in regions such as Madre de Dios, La Libertad, Puno, Cusco and Áncash. This was indicated in an exclusive interview with the Institute of Mining Engineers of Peru (IIMP).
“The illegal miner is a miner who has no record. And if we measured the illegal miners by the miners that we have prosecuted, I think we would not even come close to 10% of the illegal miners that exist nationwide.”he commented.
Indeed, Chávarry indicated that, since 2019, the Public Ministry has investigated more than 7,200 cases linked to illegal mining, but to date, they have obtained 320 convictions, due to the intense investigative burden and the lack of personnel they have. As a result, the start of trials is delayed.
“Compared to the number of illegal miners there would be, there is little response that can be had regarding the eradication of illegal mining through judicial means. In addition, there is a large procedural burden faced by courts at the national level and this delays the installation of oral trials in illegal mining cases.”explained the lawyer.
Under this premise, the prosecutor stated that one of the main problems that the institution faces in fighting this illegal economy is the Comprehensive Registry of Mining Formalization (Reinfo), which gives protection to illegal miners, through Legislative Decree No. 1351. Its validity ends on December 31 of this year.
“This Reinfo has served as a kind of camouflage for illegal miners, because many of them underwent this procedure without the intention of formalizing it, but only so that they could receive exemption from criminal liability for the crime of illegal mining established by the decree. In its latest final complementary provision, it states that anyone who undergoes the formalization process is exempt from responsibility for the crime of illegal mining.”he noted.
Finally, he considered that the Congress of the Republic should not extend the validity of the Reinfo as has been intended for two more years in the Energy and Mines Commission, but rather look for another mechanism that encourages mining formalization and with regulations that allow constant supervision.
