Foreign mining, law and the privatization of property: a case study from Peru

Abstract

This article focuses on the convergence of the corporate power of Yanacocha Mine with the Peruvian State's public power, studied in relation to two interrelated and fundamental sites of power: Indigenous land rights and the regulation of the use of force. The analysis presents two international human rights litigation initiatives: the Negritos Case and the GRUFIDES Case, which illustrate the complex relationship between Peru's colonial history, Yanacocha's current status as one of the most profitable goldmines in the world, serious land rights violations, and the emergence of widespread social protest and the escalating use of private security companies by multinational mining companies. The analysis addresses four legal processes flowing from the private-public convergence: (1) the dispossession of Campesino communal land; (2) the production of Campesino consent; (3) the privatization of coercive force; and (4) the absence of effective legal remedies. The conclusion considers the significance of the case study for those who seek to use the law to engage in practices of resistance to the power configuration represented by the private-public convergence.

Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

“…Notes 1. This hacienda was the property of Eloy Santolalla, well known in the area for his mining activities in other areas of Cajamarca (Santolalla, 1906 Kamphuis (2012). 9.…”

Questioning the effectiveness of planned conflict resolution strategies in water disputes between rural communities and mining companies in Peru

“…Together with the Grande and Quinuario and Paccha Rivers, the Azufre River forms the Chonta Watershed. The Chonta River is about 39.8 km long and together with the Mashcon River feeds into the Cajamarquino River, one of the most important in the region (Koei, 2010 Kamphuis (2012). 9.…”

Indigeneity in the Air: The Case of Chinchero Airport in Cusco, Peru

“…In the Peruvian context, the literature on infrastructure has mainly addressed the social and environmental costs of mining and oil exploitation with reference to conflict and the role of social movements (Bebbington et al., ; Bebbington, ; Arellano, ). Authors such as Brain () have discussed the negative impacts of the mining industry on people's livelihoods, whereas Kamphuis () has examined the convergence of the corporate power of mines and the state's public power in relation to land rights and legal battles. Focusing on other types of infrastructure, Harvey and Knox () have shown the power of roads to stir popular images of development in the country.…”