El Subcontrato de Formalización Minera en Colombia: Evaluación de su Aporte en la Formalización

Abstract

Mining in Colombia is a productive activity present in our territory since approximately the 16th century. However, in recent decades it has experienced a great boom with the large-scale exploitation and commercialization of minerals, thus demanding greater technical, environmental, and social regulation. In accordance with Article 332 of our Political Constitution, all mineral resources lying in the soil or subsoil are the property of the State, regardless of who holds the ownership, possession, or tenure of the land on which the minerals are located. However, high mineral prices have caused many miners to decide to carry out the activity without having the right to exploit and mine them, which is acquired through the signing and registration of a concession contract or any type of right acquired prior to the validity of Law 685 of 2001 (Mining Code). In many cases, they carry out mining activity within the area of a concession contract granted to a third party.

In order to promote mining legalization and environmental protection, the Government issued Law 1658 of 2013, which introduced the legal tool of "Mining Formalization Subcontracting" (SFM). Therefore, keeping in mind the strategy and objective of the SFM, this article will seek to evaluate the contribution this tool has made to the country in terms of mining formalization, based on an analysis of the regulations that underpin it and existing data on the use and application of the SFM, and thus, be able to counteract the formalization data against other figures other than the SFM, with the advantages that it has provided in the mining sector.