Geologists quit talks on Costa Rican mining bill

Talks on Costa Rica’s mining regulations with the social committee of the legislative assembly have been halted after the national college of geologists (CGCR) quit the discussion over proposed legislation that it says fails to promote metallic mining.

The CGCR “decided not to participate again in the working tables on bill 21584, because it does not agree with the bills that DO NOT PROMOTE metal mining activity, particularly when this would provide fresh funds to public coffers in these times of historical crisis and unemployment,” it said in a statement.

In March, María José Corrales (pictured) and Jorge Fonseca of the national liberation party (PLN) presented a bill to promote social development through responsible mining.

“During the last 12 years there has been no congruence between the existing mining legislation and the reality that we are living as a country,” said CGCR president Marlene Salazar.

In a list of complaints about the situation, the CGCR said there is no real interest in what is best for the country regarding mining resources, that there is no desire to generate new funds to combat the fiscal deficit or the nation’s many economic problems, and that the executive and legislative branches have no political desire to have serious and responsible mining production.

“The representatives always use the excuse of the environment to avoid presenting realistic bills with tangible results for Costa Rica and they also justify themselves and support bills with no proven feasibility, viability and that cause serious constitutional shocks,” the association added.

For these reasons, it calls for “clear legislation that permits and regulates [mining] activity, because the absence of due regulation just promotes illegal mining and the institutional barriers are used to discourage professional industry,” the CGCR said. 

Currently, the environment and energy ministry (Minae) grants permits for exploration and concessions for metal minerals. In September 2019, attempts began to classify these into three types – artisanal, small-scale and medium-sized mining.

Prior to starting mining, environmental feasibility is secured through the national environmental technical secretariat (Setena).

In 2010, gold mining at Crucitas was suspended following a court ruling annulling a prior decree which declared it in the public interest. Canadian company Infinito Gold subsequently launched an international arbitration claim against Costa Rica in 2014 for US$94mn. A decision is still pending on that case.

“More than 10 years ago the CGCR warned the legislative assembly and the executive branch how dangerous it would be to cancel the project in Crucitas if mineral resources were not used rationally and professionally at the national level, and pointed to the urgent need to have clear legislation that allows activity and regulates it. It’s a pity that history is repeating itself now,” added Salazar in a separate press release.

The CGCR warned that should the meetings of the social committee continue to be postponed through August, with a general election coming up in 2022, the chances of the bill passing will be significantly reduced.

Pictured: The Las Crucitas mining camp in 2010. Credit: AFP