This Monday, the Government finally sent to Congress the reform project of the Glacier Law.
The initiative, announced weeks ago by President Javier Milei, seeks to modify the environmental regulations in force since 2010.
In particular, this reform aims to facilitate mining investments in mountainous areas, according to a statement from the Office of the President.
The official proposal presented by the Executive must now be addressed during the period of extraordinary sessions. The intention is to obtain accelerated Congressional approval before December 30.
Due to a relaxation of the terms of the current regulation, the project generates concern among environmental sectors. This is due to its implications for the protection of glaciers.
The reform the Government wants of the Glacier Law
When presenting its reform proposal, the Executive harshly criticized the current regulations, which it described as “wrongly called ‘Glacier Law’“.
According to the official statement, this regulation has “serious interpretative flaws that create legal uncertainty“. Additionally, they paralyze productive investments and affect the legitimate exercise of provincial powers”.
Therefore, the reform of the law presented to Congress proposes to delimit the protection and focuses only on glaciers that fulfill “an effective hydric function“. This is a point that worries conservationist organizations.
Thus, this could exclude large areas of the so-called periglacial environment, which is also key to the environment and water supply.
According to the Government, the current regulations hinder “under ideological pretexts” the country’s economic development.
However, critics of the reform point out that the changes could affect the environment. They foresee a greater impact of mining in mountainous areas.
Weeks ago, more than 25 organizations of environmentalists, scientists, and social groups released a statement warning about the risks of modifying this regulation.
For Greenpeace, the reform implies a «environmental setback» of systematic magnitude and points out that «without glaciers there is no water».
The specialist in glaciology from CONICET, Lucas Ruiz, warns that there are visible and «hidden» glaciers —such as those of debris or periglacial— that fulfill hydrological functions.
Therefore, relaxing the protection would be «a direct threat» to those vital functions.
In contrast, Milei’s administration sells the initiative as “a true reform of environmental federalism“. They claim it fulfills commitments of the May Pact.
This is because, if approved, the proposal would transfer greater authority to the provinces. They could define which territories to protect and which not. This leaves in the hands of each provincial administration the debate between environmental care and mining investments.
The pressure of the mining sector
The reform of the Glacier Law responds to demands from the provinces that are part of the Lithium Table (Catamarca, Jujuy, and Salta) and the Copper Table (Mendoza and San Juan).
These provincial governments requested to move towards a federal model that facilitates the exploitation of natural resources.
Argentina has four of the twelve largest greenfield copper projects in the world, with a potential investment of USD 30 billion.
Therefore, the mining sector has been exerting pressure for years to modify the environmental regulations in Congress.
It is for this reason that, during the last year, President Milei anticipated his willingness to reform the Glacier Law, with support for the provincial approach.
The president previously detailed that the initiative arose from a proposal by the governor of Mendoza, Alfredo Cornejo. The idea is “to take advantage of the natural resources that have been offered to us”.
The debate in Congress
The Executive Power requested Congress to give “prompt treatment” to the project and ensure the “correct participation of the citizenry” during the legislative process.
The national administration expressed that this reform represents “a decisive step to put Argentina on its feet”, however, environmental organizations disagree.
The formal presentation occurred after more than fifteen years of the validity of Law No. 26,639.
In 2019, the Supreme Court of Justice urged the Nation and the provinces to reach a “federal agreement“. The goal was to reconcile the application of the regulation.
The discussion now moves to Congress, where the Executive hopes to accelerate the process to generate a favorable business climate.
