Grounds for concern: The legal landscape shaking Colombia’s mining sector

Since last year, a series of regulatory changes have been creating uncertainty in Colombia’s mining industry, affecting investment flows in the sector.

At the start of 2025, the government announced two new potential measures that could further restrict mining in the country: the possible creation of food production protection areas (APPA) in 23 municipalities in southwestern Antioquia department, and a proposed regulation for a special mining district aimed at productive diversification in southern Córdoba.

These announcements come on the heels of decree 044, issued last year, which allows for the creation of temporary reserves that could halt mining.

Additionally, Gustavo Petro’s government is looking to enact a new mining law and establish state company EcoMinerales, which would play a key role in all phases of the industry.

BNamericas speaks with attorney Estefanny Pardo, senior legal advisor at Holland & Knight and a specialist in environmental litigation and conflict resolution in the mining sector, about the current situation in the industry and what to expect in 2026, which is an election year.

BNamericas: What is the current state of the mining industry in Colombia?

Pardo: We're in a state of anticipation due to the regulations that have been adopted and those that are being announced. Right now, we're awaiting the decision of the Council of State regarding the lawsuit filed against decree 044.

Additionally, there’s another lawsuit against a 2013 decree, very similar to 044, for which a precautionary measure has also been requested, as these measures can be introduced at any time.

We're also waiting to see what will happen with EcoMinerales, the mining law bill, the new regulations the mining authority will issue this year and the situation with temporary reserves and mining districts.

However, it’s important to highlight that the mining sector is highly resilient and has faced numerous challenges, one of which was the COVID-19 pandemic when the sector managed to sustain jobs despite all operations being suspended.

The new challenge is the current government, which has been very confrontational with the industry.

The mining sector has won some battles and has shown respect for institutional frameworks. When I refer to institutional frameworks, I’m talking about the courts, judges, the attorney general’s office, the comptroller’s office and all the institutions that have scrutinized the regulations issued or announced by the environment ministry.

BNamericas: Why is there concern about the mining district regulation?

Pardo: Because while mining districts are not reserves, they are territories where there's a clear intent to control all productive activities conducted in mining areas.

Mining districts don't outright block mining activities, but through these districts, regulations related to land-use planning and zoning will be issued, which directly impact mining, effectively serving as another way to restrict operations.

BNamericas: What is the lawsuit against decree 044 seeking besides its suspension?

Pardo: The decree empowers the environment ministry to declare this type of reserve. So, in addition to requesting its suspension, we’re asking the court to order the ministry to refrain from issuing regulations that would implement this decree.

For example, there was an attempt to declare a temporary reserve in La Jagua, a highly active mining area in the municipality of Puerto Berrío. A draft for public comment was even issued, but to date, the resolution hasn't been adopted.

After that, another draft was issued for the Santurbán area, causing significant unrest within mining communities – not just small-scale miners but also large companies. This led the ministry to extend the period for comment until this month, as there's a very cohesive mining community in Santander. Given this regulatory turbulence and the government’s stance against the mining sector, there’s a unified front within the industry.

When the draft resolution was released, it sparked a mining strike, protests, official statements and the filing of a constitutional injunction, among other significant measures.

Currently, there's strong alignment among miners – large, medium and small – to protect and advance the mining sector.

BNamericas: Are there large projects in Santurbán that could be affected if the reserve area is established?

Pardo: Yes, there are. The ministry has told people that small miners and those undergoing formalization won’t be affected.

This raises questions about the ministry’s consistency. If the aim of declaring reserves is to protect the environment, it shouldn’t matter whether the area hosts large-scale or small-scale mining operations.

Supposedly, reserve projects won’t impact mining titles that have already been granted and hold environmental licenses. However, in practice, when these projects progress and require modifications to licenses to move from one phase to another, that’s when issues will arise. In all likelihood, environmental authorities within these reserves will refuse to grant modifications to environmental licenses or extensions of mining titles.

BNamericas: Do you expect further regulatory changes this year?

Pardo: Very likely. We’re awaiting the new mining law bill, which is under prior consultation but has not yet been submitted to congress.

There’s also the EcoMinerales bill, which is in its second debate with a negative report.

There’s no clear understanding of EcoMinerales' funding sources or its core purpose because the bill aims to cover everything: exploring general minerals, strategic minerals, supporting formalization and managing reverted assets. This diversification is somewhat unclear.

What should happen next is for the process to advance to a full congressional debate to determine whether it will be approved.

BNamericas: With that negative report, is it possible that it won’t pass in the full session?

Pardo: That’s right.

BNamericas: How hard hit is the coal sector right now?

Pardo: The sector has tried to withstand the pressure as much as possible. However, socially, people have been somewhat influenced by the government’s narrative that coal is the biggest polluter, generates greenhouse gases and is the worst for the environment.

These claims, which aren’t true, have taken root in mining communities, generating opposition to projects. In Cerrejón, for example, there were numerous blockades last year, and this year began with more blockades along the railroad, along with opposition and protests.

Socially, I’d say the coal sector is more affected than other sectors and minerals.

BNamericas: Due to the current uncertainty, are there only minimal investments in the mining sector?

Pardo: Yes, although we expected worse. We thought that by this third year of the government, mining would be almost banned and companies would be shutting down.

Thanks to the legal sector’s efforts in defending the mining industry, this has been somewhat neutralized. We spent two years in a legal battle over royalties, which sent an important message to the sector: Colombia has strong institutions, respect and trust.

I believe Colombia’s legal system is robust, providing a critical counterbalance to the government’s regulations.

While there’s undeniable stagnation, there’s also a sense of relief because we’ve managed to neutralize, as much as possible, the regulations and changes the government sought to impose.

We’re in the third year of this administration. The environment minister, Susana Muhamad, has been in office since day one, yet she hasn’t been able to declare a single temporary reserve. This is partly due to opposition from the mining community and the legal challenges against these regulations.

Had the mining sector remained silent and not pursued legal action, we’d likely be facing a complete operational shutdown by now. We’ve managed to neutralize these regulations, which has been reassuring for the sector.

BNamericas: What are the expectations for this year?

Pardo: We’re currently in a tense situation. I think this will be a year of high expectations and challenges – not just for the mining sector but for all industries – because of the upcoming elections. The Petro administration will likely have to slow down its initiatives.

If we maintain this pace of neutralization, I believe we’ll close the year with positive outcomes and strong prospects for 2026.

BNamericas: Considering the 2026 elections, what can the mining sector expect next year?

Pardo: We’ll have to see who the presidential candidates are and what their proposals will be. Hopefully, there will be candidates who send positive signals to the mining sector. For the industry, it’s crucial to identify the leading candidates and understand their positions on mining.

To reassure investors, we’re hoping for a presidential candidate who will deliver clear, explicit messages about their mining policies.

BNamericas: Are there any early signs of candidates who could influence the sector positively or negatively?

Pardo: It’s still too early to tell, but I believe there are more right-wing pre-candidates than left-wing ones, and the right-wing candidates seem stronger and more prominent at this point.