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 Natural Resource 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 (Montoya, 2024). 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 anContinue reading “2006 De facto Moratorium on Mining imposed by successive Salvadoran governments”
2009-2016 Pacific Rim International Investment Arbitration against El Salvador
In April 2009, Pacific Rim Mining Corporation (“Pacific Rim Corp.”), through its wholly-owned subsidiary, Pac Rim Cayman LLC (“PRC”, together referred to as “Pacific Rim”), commenced an Arbitration action under the International Centre for Settlement of Investment Disputes (ICSID) Convention seeking damages of more than US$314 million from El Salvador for unlawfully terminating its rightsContinue reading “2009-2016 Pacific Rim International Investment Arbitration against El Salvador”
2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica
In October 2010, the International Commission on Human Rights (IACHR) held a hearing, entitled the “Situation of Environmentalists in Mesoamerica”, as part of its 140th Regular Period of Sessions. From El Salvador, the participants included the National Roundtable Against Metallic Mining in El Salvador (Mesa Nacional) and the Commitee in Solidarity with the People ofContinue reading “2010 Inter-American Commission on Human Rights hearing on the Situation of Environmentalists in Mesoamerica”
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 religiousContinue 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; Montoya, 2021).The law prohibits all exploration, extraction and processing of metals, whether in open pits or underground, and officially enteredContinue reading “2017 El Salvador passes Legislative Ban on Metallic Mining”
1997-2017 Nicaraguan Mining and related Laws
In 2001, a new law regulating mining was approved by the National Assambly, the Special Law on Mining Exploration and Exploitation (No. 387) and regulations thereunder (Decree No. 119-2001). In subsequent years, further laws have been passed regulating discharge waste water (Regulation establishing Rules for the Discharge of Waste Water – Decree No. 21-2017), andContinue reading “1997-2017 Nicaraguan Mining and related Laws”
2015- Citizen Development of Mining Legislation Draft
According to an interview conducted with a representative of the Humboldt Centre as part of The Legal Cultures of the Subsoil project, in 2015 the Centre began to develop a new proposed mining law that aimed at establishing an effective mechanism for regulating, controlling, and monitoring mining operations, including the taxation and royalty rules, theContinue reading “2015- Citizen Development of Mining Legislation Draft”