Decree 052 of January 19, 2021 of the Presidency of the Republic.

By which the publication of the Draft Legislative Act No. 022 of 2020 Senate – 458 of 2020 House ‘By which the Political Constitution of Colombia is amended in Article 79 by adding a clause that expressly prohibits the exercise of mining exploration and exploitation activities in moorland ecosystems – first round’ is ordered.
 

DECREES:
Article 1. Publication. Order the publication of the definitive text of Draft Legislative Act No. 022 of 2020 Senate – 458 of 2020 House ‘BY WHICH THE POLITICAL CONSTITUTION OF COLOMBIA IS AMENDED IN ARTICLE 79 BY ADDING AN INCRIPTION EXPRESSLY PROHIBITING THE EXERCISE OF MINING EXPLORATION AND EXPLOITATION ACTIVITIES IN PARAMOUNT ECOSYSTEMS – FIRST TURN’, the text of which is as follows
TURN’, the text of which is as follows:

 

“LEGISLATIVE ACT
No.________________________________________
AMENDING ARTICLE 79 OF THE POLITICAL CONSTITUTION OF COLOMBIA BY ADDING AN INCRIPTION EXPRESSLY PROHIBITING THE EXERCISE OF MINING EXPLORATION AND EXPLORATION ACTIVITIES IN PARAMOUNT ECOSYSTEMS-FIRST TURN

THE CONGRESS OF COLOMBIA
DECREES:

Article 1. Add a paragraph to Article 79 of the Political Constitution, which will read as follows:
All people have the right to enjoy a healthy environment. The law shall guarantee the participation of the community in decisions that may affect it. It is the duty of the State to protect the diversity and integrity of the environment, to conserve areas of special ecological importance and to promote education for the achievement of these goals. The state has a special duty to protect water.

It is forbidden to explore or exploit mining of any kind or hydrocarbons in páramo ecosystems and their buffer zones.
Urban and suburban expansion and activities with a high impact on these ecosystems are also prohibited.
The municipalities, through their land-use planning tools, will establish the uses in ecosystems adjacent to the moorlands that could cause damage to them, especially with regard to artisanal and subsistence mining in the buffer zones, in order to mitigate the negative impact on these ecosystems.
 

Article 2. This legislative act shall enter into force as of its promulgation.
THE PRESIDENT OF THE HONOURABLE SENATE OF THE REPUBLIC
ARTURO CHAR CHALJUB
THE SECRETARY GENERAL OF THE HONOURABLE SENATE OF THE REPUBLIC
GREGORIO ELJACH PACHECO
THE PRESIDENT OF THE HONOURABLE HOUSE OF REPRESENTATIVES
GERMÁN ALCIDES BLANCIO ÁLVAREZ
THE SECRETARY GENERAL OF THE H. HOUSE OF REPRESENTATIVES
JORGE HUMBERTO MANTILLA SERRANO”.

Article 2. This Decree shall enter into force on the date of its publication.

PUBLISHED, 19 January 2021.

M&M Estudio Jurídico. All Rights Reserved.

Attachments:


DECRETO-052-DEL-19-DE-ENERO-DE-2021-1.pdf