The Cantonal Council must regulate mining in Cuenca
With more than 78% approval in the five questions on the prohibition of metallic mining in Cuenca, the Popular Consultation becomes a mandate that, to be put into practice in a regulated manner, must pass through the Cantonal Council.
The National Electoral Council (CNE) confirmed that no appeals were presented to the results of the Popular Consultation in Cuenca, which included five questions, referring to mining activities in the five rivers of Cuenca.
This refers to mining in the basins and routes of the Tarqui, Yanuncay, Tomebamba and Machángara rivers that cross the urban area, and the Norcay river that runs from the Cajas National Park to the Guayas province.
The constitutionalist and professor of Law at the University of Azuay (UDA), Sebastián López, indicates that the popular will is immediately fulfilled, so that although there is still no municipal regulation, companies cannot continue with their operations.
It explains that those companies that have already started their mining exploitation phase will not be affected by the Consultation, this includes the Río Blanco project, which, although it is detained by a judicial resolution, does not suffer alterations with the results of the plebiscite.
"All companies that have concessions, or that have not reached the exploitation phase, simply will not be able to take any action because it is assumed that their ultimate goal will be precisely the exploitation of minerals, which is expressly prohibited by the Consultation," he details.
There are a total of 43 mining concessions that would be left without the possibility of developing mining projects according to the cadastre of the Agency of
Mining Regulation and Control (ARCOM).
Two more projects, apart from Río Blanco, are under development: Loma Larga and Ruta del Cobre, both in the advanced exploration phase, so in theory they could not advance towards mineral exploitation.
In theory, explains the lawyer Santiago Maldonado, because the Consultation prohibits medium and large-scale mining, so companies can request that their project be downgraded to small-scale mining and expand their operations.
The constitutionalist López warns that the Cantonal Council must treat the results of the Popular Consultation as soon as possible to avoid falling into an omission of the citizenship's mandate.
Councilor Cristian Zamora, who is part of the Cabildo Environment Commission, from where the Popular Consultation was requested, points out that there is the will from the building body to put the issue on the agenda and approve the new regulations.
(JMM) - (I)