Gold Mining Sustainability in Colombia: Prioritizing a Mercury-Focused Approach

Gold has intrinsic and cultural value, as well as technological utility, which underpin its steadfast demand on the global market. However, supplying gold comes at a substantial cost. Up to 20 percent of the world’s gold comes from artisanal and small-scale gold mining (ASGM), which is conducted by individuals and small enterprises with limited capital. Modern-day ASGM practices contribute to significant human health and environmental harms in disadvantaged communities and critical habitats. In particular, the use of mercury in gold mining gives rise to potent toxin poisoning in humans and contributes considerably to biodiversity and ecosystem degradation. Using Colombia as a case study, this Note analyzes the challenges in legally formalizing the small-scale gold mining industry and instituting protective regulation. It argues that continued emphasis on mercury elimination could still yet catalyze the adoption of sustainable gold mining practices. A mercury-mitigating approach in ASGM should be prioritized for two key reasons. Moving forward, to better mitigate mercury use in ASGM for countries like Colombia, policymakers should prioritize improving the efficiency of litigation and adjudication pathways for mining law violations, with an emphasis on protecting environmental defenders and other advocates.