On April 3, President Martinelli signed into law a bill that reestablishes the validity of Mineral Resource Mining Code, established in 1963 but which had been abolished by the Martinelli government in 2011. The code defines who may hold and profit from mining concessions in Panama, and establishes sanctions for those who continue mining projects without authorization.
Specifically, it establishes that no foreign governments, companies, or institutions may obtain, exercise, or profit from mining concessions. It also prohibits public officials and their relatives from directly or indirectly profiting from mining concessions. It establishes fines and sanctions for those who acquire or transport illegally extracted materials.
The re-establishment of the mining code comes as a result of the dialogues between the Ngöbe-Bugle people and the government over mining issues in the Ngöbe-Bugle territory. After a week of violent protests, agreements between the two parties resulted in the passing of Special Law 11, signed by President Martinelli in late March. Law 11 cancels all concessions for the exploitation of mineral resources in and near the Ngöbe Buglé territory, and prohibits future concessions for mining, establishing the Ngöbe people's right to self-determination within their territory. It states that any hydroelectric project the government plans in the territory will require approval by the Indigenous authorities and will be submitted to a referendum of the area’s residents. The Ngöbe-Buglé are to receive 5% of the annual billing from the projects, andat least 25% of the non-specialized jobs at the projects are to go to Indigenous people or other residents of the area.
Indigenous and other residents of the Ngöbe-Buglé territory held a meeting this past weekend to explain and analyze the new laws signed by Martinelli. An activist group, the Coordinator for the Defense of Natural Resources and the Rights of the Ngöbe-Buglé and Campesinos is planning to visit communities from Kodrini to Ñokribo in order to review the articles of the new laws and what they will mean, and celebrate this victory which has cost many lives and many years of protest.
