Comparison of the mining formalization process in Perú and Colombia: Progress, challenges and prospects

Abstract

This article compares the formalization processes of artisanal and small-scale mining (ASM) in Peru and Colombia, analyzing their legal frameworks, institutional arrangements, implementation mechanisms, key challenges, and good practices. Based on a documentary review of normative, technical, and academic sources (2010–2024), the study identifies similarities and differences in how both countries approach the integration of informal miners into the formal economy. In Peru, the process centers on the Integral Registry of Mining Formalization (REINFO), managed by the Ministry of Energy and Mines and implemented by Regional Governments. In Colombia, the National Mining Agency leads the strategy through formalization contracts and Special Reserve Areas (ZRE). Although both countries have specific legal instruments, they face common obstacles such as overlapping mining rights, limited institutional capacity, persistent informality, and lack of technical support. A key finding is the low motivation of informal miners to complete the formalization process, due to perceptions of high complexity, costs, and limited tangible benefits. In Peru, over 75% of miners registered in REINFO are currently suspended, reflecting a “stalled formalization.” In Colombia, although more flexible, the system also faces barriers such as reluctance from titleholders to sign contracts and the presence of illegal economies. The article concludes that mining formalization should be seen as part of a broader strategy for sustainable territorial development, and recommends actions such as streamlining administrative procedures, strengthening technical assistance, and promoting gold traceability schemes.