Human Rights and Extractive Industries in Peru

By Rachel Schwartz
March 23, 2012

As Peru’s economy booms, the Ollanta Humala administration is committed to translating national prosperity into greater social inclusion, asserted Peru’s minister of justice and human rights Juan Jiménez Mayor. Jiménez presented Peru’s human rights-oriented vision for development along with the country’s vice minister for intercultural affairs, Iván Lanegra Quispe, and vice minister of mines, Guillermo Shinno Huamaní, at the Inter-American Dialogue on March 23.

The ministers outlined Humala’s inclusive focus, which led to the creation of the ministry of justice and human rights at the beginning of his term in December 2011. The purpose of the ministry is to ensure that minimum human rights standards as dictated by international, inter-American, and national norms figure prominently within Peruvian public policy. Jiménez described the agency as “human rights comptroller” charged with monitoring the different branches of government.

Part of Humala’s rights-based approach also includes harnessing Peru’s rapid economic growth to promote the inclusion and development of marginalized sectors, especially rural indigenous communities. Because extractive industries constitute a key aspect of Peru’s new national wealth, the Humala administration has devised a policy that Shinno termed “the new mining,” which views extractive projects “within the overall framework of local community development.”

Promoting local inclusion in this area requires more than forcing multinational corporations to comply with environmental standards and invest in education, health care, and other basic services. It also includes allowing communities to make their voices heard in the debate on new projects through consultas or consultations, mandated by the International Labor Organization’s Convention 169. Jiménez lauded Peru’s consulta previa decree passed in September 2011 as “the first piece of legislation [in the region] that links this international convention to national law.” The institutionalization of the consulta mechanism, though not yet complete due to disputes over the constitutionality of the law’s text, will provide a direct participatory avenue for communities to negotiate the terms of new projects in their territories and express their approval or rejection—in accordance with indigenous cultural practices.

Despite this landmark legislation, significant obstacles remain to truly promoting greater indigenous inclusion and political participation. Upon taking office, the Humala administration inherited over 200 resource conflicts throughout the country, many of which are long-standing and involve grievances such as the consequences of illegal mining, crackdowns on small artisanal groups, and community health risks. Mediating these historic and varied tensions and arriving at agreeable solutions for all parties will not be easy. Further, some accuse the state of continuing to criminalize leaders and activists peacefully challenging extractive projects, denying them their constitutional right to protest.

Lanegra also noted the lack of communication between the Peruvian state and local governments and communities as a key shortcoming that has hindered more effective dialogue. Part of this failure results from the state’s deficient cultural understanding of indigenous values and practices. “In terms of its relationship with indigenous peoples, we don’t have a state designed to recognize multiculturalism,” argued Lanegra.

However, the ministers agreed that the Humala administration is dedicated to opening the door to previously marginalized voices and promoting citizen involvement in political decision-making. “In many ways, representative democracy has given way to direct participation. This shift is irreversible, and we have to respect it,” concluded Jiménez.