Community Right to Participate in Mining Policies with Reference to Tintaya and Rio Blanco Mining Conflicts in Peru

This research paper analyzes mining conflicts between native communities and mining companies with international capital, which creates a major impact on the locality, the country and also internationally. Because of their intensity, increasing levels of violence and polarization of positions, mining conflicts are a challenge to the governability, democracy, economic growth and ultimately the development of Peru. First, conflict processes are inherent to development. Second, conflict is a complex issue that needs a holistic approach to be addressed sufficiently. Among the issues related to conflict, one that will be explored is the increasing demand from local communities to have an influent participation in approving or rejecting mining projects on their lands. The issue clashes with the central government’s attempts to impose mining without providing an institutional framework to negotiate differences among the actors involved (communities, mining company, state and third parties), where meaningful community participation – one that is influent, intercultural, informed and appropriate – can take place. The cases assessed show that conflict can be transformed when there are duty bearers committed to protect, guarantee and respect right holders. With the state as the main duty bearer, and international organizations and the mining companies playing key roles, institutional changes can be provided for to process and transform political differences and allow communities to exercise meaningful participation. The escalation of conflict, as well as polarization, violence and authoritarian practices from all sides, can be prevented, but moreover, it may be possible to relate mining with [sustainable and participatory] development.