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27 December 2024

El Salvador Repeals Mining Ban Amid Controversy

Environmentalists raise alarms over new mining laws aimed at boosting the economy.

The government of El Salvador has recently drawn fierce criticism following its decision to repeal the law banning metal mining, raising alarms about the potential environmental consequences. The move rings particularly significant against the backdrop of widespread protests led by environmental activists and community groups, who warn of impending ecological dangers.

Following the swift legislative process on December 20, 2023, whereby lawmakers affiliated with President Nayib Bukele's party, Nuevas Ideas, approved the repeal of the prohibition, many Salvadorans expressed their discontent. Critics highlighted the environmental degradation associated with metal mining, particularly its threat to the nation’s limited freshwater resources, including the important Lempa River.

Prior to this repeal, El Salvador had maintained its ban on metal mining since 2017. This law was established based on serious concerns surrounding the country’s environmental health and vulnerability. Back then, it was pointed out by various experts and local organizations specializing in public health and environmental protection, as well as backed by findings from institutions like the United Nations, which rated El Salvador as the second country with the highest environmental degradation risks within the Americas.

President Bukele, on his social media platform X, defended the new mining policy stating, "El Salvador has potentially the richest gold deposits per km² worldwide... This wealth could transform the country... and all this with modern and sustainable mining, caring for our environment." His assertions were met with skepticism by environmentalists and experts, who questioned the validity of the studies backing such claims. The Casa Presidencial confirmed it did not possess the modern and sustainable mining studies cited by Bukele when questioned about the legitimacy of his statements, indicating the responsibility lies with the respective ministries.

Legal expert Luis Parada, who previously represented El Salvador against international mining companies, raised concerns over the repercussions of these policies. He recounted how Salvadoran courts had previously ruled favorably against mining firms due to their adverse environmental impact and the legal ramifications associated with such activities. Parada emphasized the potential for expensive lawsuits resulting from mining, highlighting past experiences where companies like Commerce Group and Pacific Rim had pursued claims against the Salvadoran government.

Parada's warnings included the allegation of misleading claims by mining companies, observing their history of downplaying environmental risks. He stated, "They are deceitful, their 'green mining' campaigns only talk about positive aspects; they gloss over the disastrous consequences.” His comments serve as cautionary advice for the government’s current push to attract investments potentially linked to the gold and silver deposits believed to exist within the Central American nation.

Despite the justifications provided by the Bukele administration, the voices of opposition have grown louder. The Catholic Church, which played a significant role during the formation of the 2017 ban, re-emerged to voice its dissatisfaction with the new policy. Archbishop José Luis Escobar Alas noted the disastrous repercussions mining could have, such as irreversible effects on the environment and local communities.

Environmental organizations have also intensified their advocacy efforts, calling for the new mining law to be rescinded. More than ten organizations protested before the Legislative Assembly, asserting, "It is demonstrated, both technically and scientifically, mining is devastating for El Salvador, where water and land are limited and precious resources." The activists labeled the new legislation as “disastrous” for the nation’s future.

The Assembly’s hasty legislative process raised suspicions among critics who view the expedited approval as strategic timing, hoping to stifle public backlash during the holiday season. The backlash has sparked debate about government transparency and accountability, with many calls for thorough public consultation before decisions with such broad and lasting impacts are enacted.

Looking back to the history of mining legislation, the initial ban was based on several key factors, including health risks to residents, environmental vulnerabilities, and the commitments El Salvador made under international agreements aimed at protecting the environment and public health. Prior to the ban's approval, community leaders had shared alarming anecdotes of water contamination and health issues, offering somber reminders of the consequences faced by communities living near mines.

With the mining industry’s reactivation pending, the stakes for El Salvador are higher than ever. Activists and legal experts alike are urging the public to remain vigilant. There is existing skepticism about the mounting pressure on the government to make concessions to mining companies who promise economic renewal rooted in land exploitation. Observers fear these promises may not equate to the long-term benefits envisioned, especially if environmental risks are inadequately managed.

President Bukele continues to push forward with his vision for mining, envisioning newfound prosperity for his nation. Yet as the environmental consequences loom heavy, the reality of balancing economic ambitions against ecological preservation remains one of the most pressing challenges facing El Salvador's future.

It remains to be seen how the government developments will shape both the mining industry and Salvadoran society, as grassroots opposition steadily rises against what many see as reckless abandonment of environmental safeguards.

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