The new reality of participation of local authorities in mining projects in Colombia: interpretation of constitutional principles, new opportunities and participation mechanisms

Abstract

Without prejudice to the legal reforms that must regulate the participation of communities and territorial authorities in mining activities in Colombia, the social licence to operate (SLO) appears today as a new requirement for the viability of mining projects, recognised jurisprudentially. This tool must be dynamic and a new axis of action for Colombian mining companies, regardless of whether the projects are large, medium or small. Thus, today’s scenario also imposes on local authorities and the communities they represent a very important burden of responsibility. Their new role in the mining contracting processes demands that they assume it with technical rigour. They must prepare themselves, technically, to exercise this new jurisdiction in such a way that it does not become an instrument to ban mining projects or allow corruption. It is therefore necessary for these local authorities to know the processes of mining projects, to understand the importance of the industry and the opportunities that it can generate. They must be aware of the possibility of mining in a responsible way with regards to the environment and that participation does not mean the possibility to unilaterally prohibit mining or oil projects.