1. APLICACIÓN DE POLÍTICAS INTERNACIONALES SOBRE REASENTAMIENTO INVOLUNTARIO POBLACIONAL EN EL SECTOR MINERO.
- Author
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Barja Otero, Lucila Aurora
- Subjects
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MINES & mineral resources , *INVOLUNTARY relocation , *MINERAL industries , *LAND settlement , *MINING law , *GOVERNMENT policy - Abstract
This article discusses the process of involuntary population resettlement related to the relocation and rehabilitation of people, families, groups or communities displaced physically and / or socio-economic, who are located in strategic areas where a project of mining investment is required to be executed. Therefore, in the absence of a regulatory framework for this process in our national law, this paper develops international guidelines established by the World Bank and the Inter- American Development Bank (IDB, through the Operational Policy OP-710 and Operational Policy OP 4.12, respectively; which have been considered by mining companies in order to establish a framework for population resettlement, necessary for the execution of their projects. In this regard, according to a review of the provisions proposed by the Draft Law on promotion and facilitation of resettlement of populations in areas of influence of large mining projects; and those established by Law 29869, Law of population resettlement living in very high unmitigatable risk areas, it is determined that it is necessary to establish a regulatory framework in this regard and that any legislative proposal should have as its main objective the protection of individual rights and groups of the population affected by physical and/ or socio-economic displacement as well as generating positive impacts through sustainable development programs, so as to generate and promote the obtainment of a social license from the population where mining companies operate. [ABSTRACT FROM AUTHOR]
- Published
- 2015