A Comparative Study of the Introduction of Restrictions to Large‐Scale Mining in Four Latin American Countries

Abstract

Institutions are important to enhance the contribution of mining industries not only to economic growth, but also to environmental justice and equality. In this paper, we study the processes by which four Latin American countries modified their existing institutions to manage the effects or large-scale mining in their territories. We focus on the political struggles to introduce legislation to restrict the geographical expansion of large-scale mining in their territories. To this end, we integrate a leading theory of the policy process with theoretical insights from studies of environmental governance and political settlements. Our findings show that processes of policy change followed distinct paths with common elements. The elements that link the initial conditions with change are policy learning, challenges to dominant policy images, conflict expansion, and the involvement of veto players. We also observe that the outputs of the reforms diverge significantly. Three contextual variables contributed to the variability of the outputs of these reforms; the degree of cohesion of elites, the degree of development of environmental institutions, and the relative dependency on mineral revenues. During the processes of policy making, these institutions offered different opportunities and constraints for policy challengers to advance their agenda and for dominant actors to maintain the status quo. The new policy designs offer opportunities for countries to deal with the effects of mining on sensitive ecosystems but political instability threatens the long-term institutionalization of these reforms.

Policy designs for interorganizational coordination: Lessons from failures in governing the mining sector in Colombia and Ecuador

“…Roa et al (2011) point out that Ley 1382 (2010) was another attempt by the Colombian government to weaken environmental regulations on extractive activities by creating exceptions to environmental licensing for prospecting and exploring new areas. The Constitutional Court abrogated Law 1382 in 2011, due to the inobservance of due process, and later the same year, the government presented a new reform proposal that stalled in Congress (Cisneros, 2020).…”

“…President Rafael Correa (2007–2016) resumed Palacio's reform amid intense lobbying by the anti‐mining movement, to secure a prohibition of mining in areas with essential ecosystem services (Cisneros, 2020). During the constitutional process of 2008, the anti‐mining movement pushed the Constitutional Assembly to revert mining concessions overlapping protected areas and water catchments, those concessions without reports of investments or active working plans, and those adjudicated to individuals working for the sectoral authority.…”

How do courts contribute to policy integration? A comparative study of policy integration processes in Colombia, Ecuador, and Guatemala

“…Alternatively, the lack of goal compatibility and the absence of a credible challenge will generate resistance to change. In this case, a successful process of integration will require the activation of mechanisms that provides policy challengers with resources for conflict expansion (Cisneros, 2020 ). Intersubsystem alliances and coalitions can form to take advantage of the court’s decision to define new strategies to challenge the dominant policy.…”

Addressing climate change through climate action

“…The complaint was filed by a group of young people supported by several environmental NGOs. There exist several other examples (see, e.g., Cisneros, 2020) where courts have ruled in favor of stricter climate policies, which suggests that they will play a greater role in the future for eliciting more ambitious climate action from governments and corporations.…”