Peru Legalizes Dynasty of Illegal Mining Through Inheritance Law

The Peruvian government has ignited fierce debate after publishing regulations for Law 32213 that allow temporary permits for illegal mining operations to be inherited.

This controversial move comes as Peru struggles with widespread mining-related crime and environmental destruction. The new regulation permits the transfer of Reinfo registrations through inheritance.

These temporary permits are designed to help informal miners become legal and can now be passed on when the original holder dies. It also allows miners to relocate their operations to different concessions than originally declared, effectively expanding their reach.

Political opposition emerged immediately. Congresswoman Diana González called for urgent explanations from Energy and Mines Minister Jorge Montero.

She warned that this inheritance provision creates a pathway for illegal mining to continue under the guise of informality. The National Assembly of Regional Governments complained they were never consulted despite their supervisory role in mining formalization.

Congressman Wilson Soto criticized the executive branch for overstepping boundaries by “converting informality into a family right.”

Peru’s Informal Mining Crisis

Environmental experts argue the regulation transforms what was meant to be a temporary formalization process into a permanent arrangement that could span generations.

The Reinfo registry was established in 2016 as a temporary mechanism to reduce mining informality. Despite this intention, the Peruvian Congress has repeatedly extended its deadline.

The latest extension came in late 2024, giving informal miners another six months to regularize their operations. Ministry data reveals that only 4% of the 85,000 miners seeking formalization actually own the concessions where they operate.

This statistic highlights the massive scale of informal mining throughout Peru. The situation has worsened recently with the murder of 13 mining workers in Pataz province, prompting authorities to declare a state of emergency.

Illegal mining generates approximately $6 billion annually in Peru, representing significant lost tax revenue and environmental damage. The criminal networks behind these operations often engage in money laundering, human trafficking, and violence to protect their interests.

As the current Reinfo extension approaches its June 2025 expiration, lawmakers have proposed creating a new comprehensive law for small-scale and artisanal mining. Critics fear this legislation might further legitimize illegal operations rather than effectively regulate them.

The controversy underscores Peru’s struggle to balance economic development with environmental protection and rule of law. The inheritance provision particularly troubles experts who see it as surrendering to illegal mining interests rather than enforcing regulations designed to protect Peru’s natural resources and communities.

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