The Aymara peasant communities of the Kelluyo district, in the province of Chucuito, Puno region, filed an injunction against the Ministry of Energy and Mines (MINEM), the Geological Mining and Metallurgical Institute (INGEMMET) and a foreign investment mining company for the imposition of seven mining concessions located in their territories.
This legal action is an organized response to Dina Boluarte regime’s authorization of mining, just six days after assuming the presidency of Peru. The mining company Consolidated Copper Corporation, which later changed its name to Nueva Energia Metales S.A.C, won those mining rights. Thus, the 6400 hectares comprising the mining concessions represent a threat to the people’s cultural identity and spirituality.
These metallic mining activitiy, located in the Callaccame, Pusuma and Mauri Chico transboundary watersheds shared between Peru and Bolivia, directly impact indigenous communities of Alto Aracachi Queluyo, Centro Aracachi Chiaraqui, Pérez and Maycu Phujo. These concessions affect their fundamental rights to prior consultation, territory and self-determination as Aymara indigenous peoples, as guaranteed under Peru’s Constitution and the ILO Convention 169.
For this reason, the Second Civil and Criminatl Court of Desaguadero admitted a lawsuit filed on unconstitutionality grounds by the communities of Alto Aracachi Quelluyo, Chacocollo and the Isca Chacocollo, sponsored by the Human Rights and Environment (DHUMA), an institution associated with the Muqui Network.
The lawsuit seeks the annulment of these mining concessions in accordance with Article 200.2 of the Political Constitution of Peru, Articles 6 and 7 of ILO Convention 169, the American Convention on Human Rights and other international instruments that recognize the rights of indigenous peoples. The lawsuit also requests that the Vice-Ministry of Interculturality be ordered to carry out an adequate prior consultation process, with the participation of all affected communities.
In addition, of the seven mining concessions granted to Nueva Energía Metales S.A.C., there are new mining petitions presented by the company Energy Craft America S.A.C., which shwos an accelerated expansion of mining activity in the transboundary basins thanks to Dina Boluarte’s pro-mining policies.
TESTIMONIALS
The struggle of the altiplano communities to defend their territory and the environment is not new. Eleven years ago they resisted the Santa Ana mining project, promoted by the Canadian Bear Creek Mining Company. The following is the testimony of their leadership:
“Through GPS geo-referencing, we have identified that the mining concessions overlap with housing zones, agricultural and livestock areas essential to our subsistence, and even encompass the Kelluyo district’s main city square,” expressed Daniel Limache Illacutipa, president of the Alto Aracachi Quelluyo community.
He went on to explain that their concern is that the mining activity could contaminate their land and water sources. “We are aware that, in other regions of the country mining operations have created serious problems like crime, human trafficking, and environmental destruction. Furthermore, these activities have seriously affected the social and cultural coexistence of these communities.”
Similarly, the president of the Chacocollo community and Isca Chacocollo annex, Rubén Primitivo Llave Gómez, recalled that, during the 2011 protests against the Santa Ana mining project, many authorities and community leaders were criminalized and prosecuted. “Faced with this situation, we have decided to file an injunction lawsuit against the Peruvian State and the mining company, seeking that the judicial instances protect our rights recognized both by the constitution and by ILO Convention 169. It is not possible for the Peruvian State to treat those of us who inhabit and care for our communities, and guard our borders, are as if we were invisible, excluding us from government policy decisions. The government has never been present in our communities, but when it comes to mining concessions, these are granted with ease, without showing respect for our decisions.”
