By Gabriela Mancero
November 2015
The draft Law 223 of 2015 on the so-called Areas of Interest Rural Development, Economic and Social (Zidres) and presented to Congress by the Government, was approved in its third reading by the Fifth Committee of the Senate.
To understand the scope of this proposal, the project defines Zidres isolated geographical areas as the most significant urban centers. Besides being areas that require high production costs adaptation, they have a low population density and high rates of poverty.
Precisely these areas lack minimal transport infrastructure and marketing of products, and their agrologic and climatic characteristics, are inappropriate for family production units.
The creation of the Zidres may be the way to move towards removing restrictions to the use of unproductive areas and make way for large industrial projects.
How these lands are delivered?
The bill provides that any person may file productive projects and register with the Ministry of Agriculture, to ensure the financial, environmental, legal and administrative feasibility.
In this vein land they not sold, but concesionan or leased without the limit of the UAF (Family Agricultural Units) who present a productive project for the area.
The Zidres have a special legal status: is understood as «public utility and social interest», the paragraph of Article 1 of this bill in its preliminary provisions defines that:
«The ZIDRES are considered of public utility and social interest.»
Implying their character of general interest. Constitutionally it means that prevails on the matter.
Additionally, the project would have to associate small and medium farmers landless.
Moreover, the approval of each of the areas is effected through a council of ministers by decree technical report and after Unit Rural and Agricultural Planning (UPRA).
What are the objectives of the bill?
Among the objectives of the bill include:
Promoting access to land to peasants
Rural employment
Food security
The social inclusion of farmers and farm workers as social agents,
Encourage conservation.
While the intent is laudable project to seek food security of the country, the question is what will happen with those rights acquired mining concessions that face a superpoción of an agricultural project areas covered by this law, knowing that mining projects are also public utility in accordance with Article 13 of the current Mining Code, which states:
«Article 13. Public Utility. In implementing Article 58 of the Constitution, declared of public utility and social interest the mining industry in all its branches and phases. Therefore they may be ordered in their favor, at the request of an interested party and the procedures established in this Code, the expropriation of the property of real estate and other rights constituted thereon, which are necessary for the exercise and efficient development.
Consecrated in this article, in no event shall expropriation of property acquired, built or by the recipient of a mining title for exploration or exploitation or for the exercise of their respective easements. «