On January 30, 2024, Colombia enacted Decree No. 44 of 2024 as a part of the country’s commitment to sustainable development, biodiversity protection, and the harmonious management of its natural resources. This legislation establishes temporary reserves of natural resources within the framework of mining-environmental regulation, addressing the challenges of environmental degradation and ensuring the sustainable use of Colombia’s rich natural resources.
The Constitutional and Legal Foundation of the Decree
The decree is anchored in the fundamental principles laid out in articles 79 and 80 of the Colombian Political Constitution, which underscore the state’s duty to protect the environment, conserve ecologically important areas, manage natural resources sustainably, and mitigate environmental deterioration. Furthermore, it aligns with international commitments such as the Convention on Biological Diversity approved by Law 165 of 1994, and national laws including the Code of Renewable Natural Resources.
Responding to Institutional Challenges
Decree No. 44 of 2024 is a direct response to the concerns highlighted by the Honorable Council of State in Ruling (AP) No. 250002341000-2013-02459-01 of August 4, 2022. (Decree No. 44, Preamble.) The ruling identified critical issues such as institutional disarticulation between the environmental and mining sectors, inadequate territorial planning, and insufficient control over mining activities. According to the Honorable Council of State, these challenges have contributed to the systematic violation of collective rights to a healthy environment, ecological balance, and sustainable resource management. (Decree No. 44, Preamble.)
Key Provisions of the Decree
The decree outlines a comprehensive strategy to address these challenges:
1. Temporary Delimitation of Natural Resource Reserves: The Ministry of Environment and Sustainable Development is tasked with identifying and delimiting areas to be temporarily excluded from mining activities. These areas will be selected on the basis of their ecological importance, the need for conservation, and preliminary studies indicating their incompatibility with mining. (Decree No. 44, art. 1.)
2. Criteria for Declaration: Temporary reserves will be declared on the basis of environmental importance, water resource areas, and areas that require restoration to maintain their ecological integrity. (Art. 2).
3. Effects and Scope: The temporary declaration of natural reserves prohibits the granting of environmental permits for mineral exploration or exploitation within these areas until their compatibility with mining has been assessed. (Art. 3).
4. The decree mandates conducting necessary technical studies and processes to potentially culminate in the definitive restriction or exclusion of mining activities, emphasizing a participatory approach in decision-making. (Art. 4.)
5. The newly declared temporary reserves must be incorporated into the Comprehensive Mining Management System (SIGM), ensuring that no new mining titles or concessions are granted until the legislation’s conditions are met. (Art. 5.)
6. The decree sets the validity of the temporary reserves for up to five years, extendable once, requiring the adoption of a work schedule for the delimitation and definitive declaration of these areas. (Art. 6.)
Stephania Alvarez, Law Library of Congress
March 14, 2024
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