COMMUNITY DEVELOPMENT AGREEMENTS: AN APPROACH FROM A BOLIVIAN PERSPECTIVE

• Jurisdiction: Derecho Internacional

International Mining and Oil & Gas Law, Development, and Investment
(Apr 2015)
CHAPTER 11A
COMMUNITY DEVELOPMENT AGREEMENTS: AN APPROACH FROM A BOLIVIAN PERSPECTIVE
Fernando Aguirre
Partner
Bufete Aguirre Soc. Civ. Abogados
La Paz

[Page 11A-1]

FERNANDO AGUIRRE is Partner at Bufete Aguirre, a specialized business law firm in Bolivia. The firm will celebrate its 75th anniversary this year. Fernando is a graduate from the state university of La Paz and received a Diploma in International Law from Oxford University enjoying a fellowship from the British Institute of International and Comparative Law. Fernando heads the mining group of the firm, regularly advising four major mining clients that include Japan's Sumitomo Corporation fully owned Bolivian subsidiary, Minera San Cristobal, the largest private investment in the country. He has been lead counsel and negotiator for the National Association of Medium Miners, which gathered all main private mining companies during the three-year negotiation with all other mining stakeholders for the new Bolivia Mining Law enacted in May of 2014, He has advised the Bolivian Confederation of Private Entrepreneurs on other negotiations involving legislative changes, such as a new 2013 Investment Law and a draft law for a substitute Arbitration and Conciliation Law currently being discussed in the Bolivian Congress.

ROCKY MOUNTAIN MINERAL LAW FOUNDATION - INTERNATZIONAL BAR ASSOCIATION INTERNATIONAL MINING AND OIL & GAS LAW, DEVELOPMENT, AND INVESTMENT

Cartagena, Colombia

April 20-22, 2015

MINING SECTION

"COMMUNITY DEVELOPMENT AGREEMENTS"

An approach from a Bolivian perspective ******

Fernando Aguirre B.

Attorney - Partner

Bufete Aguirre Soc. Civ.

La Paz, Bolivia

fernandoaguirre@bufeteaguirre-lawfirm.com

• CDAs: general aspects by other panelists. World Bank activity/Source Book March 2012. Good Practice: Centre for Social Responsibility in Mining (CSRM), University of Queensland, Australia; CDAs. (2010); IBA's Mining Law Committee Newsletter. Upcoming program Dundee University.

• Latin America: Population of Indigenous People. Diversity.

• Total estimate 2010 (Census): 45 million

• Heterogeneous: One extreme: Mexico (17 m); Peru (7 m)

• (Absolute numbers): On the other: Costa Rica/Paraguay (100.000) Uruguay (80.000)

• Percentage of population by countries: total aprox region 8% vs USA-Canada 4%/5%.

• Argentina (2,4%); Brasil (0.5%); Chile (11,0%); Costa...