Barriers and legal guarantees for the local development of the mining community of Moa

Abstract

A study of the existing guarantees and barriers in Cuba for the local development of the mining community of Moa was carried out through a critical analysis of the Constitution of the Republic and environmental legislation, such as the Environmental Law, Foreign Investment Law, Law 76, Mining Law, the Mining Law Regulations and the Economic and Social Policy Guidelines of the nation. There are also some elements of mining regulations in Latin American countries. It is concluded that the Cuban mining legislation is integrated into the characteristics and principles of Cuban society, with the necessary control by the State to achieve a sustainable exploitation of mineral resources, also guaranteeing the protection of the environment and the prevention of any environmental impact. to achieve sustainable local development in the territories, constituting an advanced law in Latin America. It is argued that Cuban environmental legislation does not define the continuity of mining activities when the mines close due to depletion of resources or for other reasons such as disasters or a market crisis. Emphasis is placed on the need for mining activity, based on current wealth, to generate alternative economic activities to the closure of mines in order to achieve sustainability in mining.