The current legislative framework for mining operations in El Salvador, including those owned by transnational corporations, began with the enactment of the Mining Law in 1996, four years after the end of a 12-year civil war (OCMAL et al., n.d.). In 2001, this law was amended to, among other things, reduce the level of royalty ratesContinue reading “1996-2017 Salvadoran General Mining Laws and Amendments”
Subsoil Jurisdiction Archives
2006 De facto Moratorium on Mining imposed by successive Salvadoran governments
In 2006, the Salvadoran government, led by the traditionally business-friendly party, Nationalist Republican Alliance (ARENA) imposed a “de facto” moratorium on all mineral-related concessions in El Salvador. While not expressed in any formal document or policy, the moratorium was implicit in the fact that the government never granted Pacific Rim Mining Corporation an exploitation concessionContinue reading “2006 De facto Moratorium on Mining imposed by successive Salvadoran governments”
2006- Popular Law Drafting and Legislative Activities on the Right to Water
In El Salvador, the right to water and legislative initiatives protecting that right are closely linked to the socio-environmental and political struggle around metallic mining. For instance, in 2006 (the same year that a popular draft law to ban metallic mining was first proposed), a General Water Law was drafted by a group of aboutContinue reading “2006- Popular Law Drafting and Legislative Activities on the Right to Water”
2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining
The National Roundtable against Metallic Mining in El Salvador (Mesa Nacional) has been the driving force behind popular law-drafting efforts around the issue of metallic mining and its relation to human and environmental rights. The Mesa Nacional is an umbrella organization that began in 2005 in an effort to bring together social, environmental, and religious organizationsContinue reading “2006-2017 The Mesa Nacional drafts and proposes Legislative Bans on Metallic Mining”
2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures
Articles 115 and 116 of El Salvador’s Municipal Code require municipal governments to promote citizen participation through various mechanisms, including popular consultations (consulta popular). According to art. 117, a popular consultation must be held where “40% of eligible voters request in writing” that one be called (See also Stopesmining.org, 2014). Moreover, the municipal council cannotContinue reading “2014-2017 Five municipalities declare themselves “Mining-Free Territories” through popular consultation procedures”
2017 El Salvador passes Legislative Ban on Metallic Mining
On 29 March 2017, the Legislative Assembly approved a law prohibiting metallic mining in El Salvador. The law enjoyed cross-party support, passing with 69 out of 84 votes, well over the qualifying majority (Reuters, 2017 and Montoya, 2021).The law prohibits all exploration, extraction and processing of metals, whether in open pits or underground, and officiallyContinue reading “2017 El Salvador passes Legislative Ban on Metallic Mining”