The legal and social conflict resulting from Illegal Mining in the Zaruma Canton

Abstract

The research paper focuses on the social and legal conflict generated by illegal mining in the Zaruma canton, El Oro province, Ecuador. Historical antecedents of mining in Zaruma are examined, highlighting its impact on the local economy, but also its negative effects on the environment and the health of the inhabitants due to destruction and pollution. The theoretical framework addresses the history of mining in Zaruma, the patrimonial rights of the city, the right to work of the miners, and the environmental damages caused by illegal mining. The conflict of rights between the protection of heritage and the need for work by miners is emphasized. The legal framework includes the Constitution of the Republic of Ecuador, the Comprehensive Criminal Code, the Mining Law, and municipal ordinances. The lack of effective regulation to control illegal mining in Zaruma is pointed out, despite existing laws. International instruments ratified by Ecuador in the field of human rights and the environment are mentioned, highlighting their importance in the legal hierarchy. A comparative analysis is carried out with other Latin American countries facing similar problems of illegal mining, such as Peru, Chile, and Bolivia. In conclusion, the need for more effective mining regulation policies by the Ecuadorian state is highlighted, with an emphasis on the protection of the environment and the rights of citizens. It is recommended to promote environmental education, strengthen cooperation between governmental entities, diversify income sources for mining communities, and ratify and comply with international treaties related to human rights and the environment.