Venezuela Considers Mining Law With Environmental Concerns

Venezuela’s National Assembly is advancing articles of a new Organic Mining Law, establishing foundations for state ownership and resource management. The legislation currently focuses on property rights but will soon address environmental and territorial issues. Advocates warn the law must protect water and biodiversity or risk enabling further destruction.

The current state of mining south of the Orinoco River is described as a national emergency. Drafts of the law do not include mechanisms for prior consultation with indigenous communities, violating international rights outlined in Convention 169 of the ILO. Any legislation concerning ancestral lands requires their real consent.

A key issue is territorial control; creating a National Superintendency for Mining will be ineffective without state guarantees of security against irregular groups controlling mining sites. The law should require reclaiming sovereignty over the territory before granting concessions. The proposed law must also strictly prohibit the use of harmful chemicals like mercury and establish mandatory remediation funds.