Lawyers ? I have mentioned lawyers .This is a translation service, I did not do this myself , to long and did not have the time .
Very good lawyer !
Nassef Perdomo Cordero, lawyer. From some time to date, the issue of mining and its convenience -or not- for the country has been put back on the table. Controversies have arisen in different areas about what to do with existing mining operations and whether new ones should be allowed to open.
This debate is normal since it is part of the conflict of rights and interests whose probability is recognized by the Constitution.
In concrete terms, it is a conflict between the rights to health (art. 61 CRD) and the environment (art. 63 CRD), on the one hand, and the rights to freedom of enterprise (art. 50 CRD). and the constitutional interest in the exploitation of mining deposits (art. 17 CRD).
This is a normal tension in the context of the application and effective recognition of fundamental rights, which is why the Constitution itself establishes that the assets and interests protected by this Constitution must be “harmonized” (art. 74.4 CRD). In such a way that, given this situation, it is up to each mining project to respect the right to the environment and to the health of the people and communities that could be affected.
However, this does not imply that the prohibition of mining projects is the rule, nor does it imply that any effect on the environment is sufficient to prevent said exploitation. The Constitutional Court has a fairly broad jurisprudential line on conflicts of this nature, and its conclusions have always aimed at finding a reasonable balance between mining (or industrial) exploitation and environmental protection.
In the same way that he has indicated that mining must respect the environment, he has also indicated that it is not enough to allege that damage, that it must be identified with technical reports.
And, in fact, he has also said that there are reasonable risks of industrial exploitation, justified by the need to develop productive activities that are provided for by law.
Due to the nature of the activities, this is something extensive to mining exploitation. Thus, the debate on mining is not one of absolutes, but one of consideration between the need for economic development and respect for the environment.
The search for that balance must always be rational and is governed by law.
https://eldia.com.do/mineria-medio-ambiente-y-desarrollo/