Abstract

DUARTE, Carlos. IMPLEMENTATION AND CRISIS OF THE CURRENT MINING GOVERNANCE SYSTEM IN COLOMBIA: THE MODEL OF EXPORT ENCLAVE. anal.polit. [online]. 2012, vol.25, n.74, pp.3-27. ISSN 0121-4705.

This work is based on a review of contemporary transformations of Colombian law, seeking to characterize the mining governance model from 1991 Constitution until now. To this end, a comparison is developed between the immediately preceding legal system (the Mining Code of 1988), followed by the Law 685 (current Mining Code), to arrive at the legal and social discussions that would lead to declare unconstitutional the latest legislative changes (Act 1382 of 2010). This exercise intends to delineate the management of mineral resources under the tension between policies of economic liberalization and social rights recognized in the new constitution. As a conclusion, it questions the current governance system compared to previous mining governance models implemented in the country. Then, a parallel between the Colombian legislation and the main elements that are changing in the Chilean mining legislation is done. Then, it analyzes how and administration that seeks, at all cost, to provide the best guarantee that the mining is done in accordance with multinational interests, can become an accessory of dispossession against the small miners in territories inhabited by many ethnic populations

Keywords : Governance mining; neoliberalism; state anthropology; Colombian legislative history.

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