LIMA (Reuters) – Indigenous groups in Peru are turning to the courts with a new legal strategy for keeping mining and oil projects off their land, racking up victories that could make it harder for companies to secure permits in the major minerals producer.
Native communities from the Peruvian Amazon and the Andes have filed at least eight lawsuits against the government since passage of the so-called “prior consultation” law in 2011, which gives them the right to weigh in on official decisions that could affect them, according to judicial documents.
The law, based on an international pact Peru signed in 1993, aimed to grant overdue rights to indigenous people and prevent deadly clashes over mining and energy projects.
But several native communities complained the government did not consult them, or did not consult them early enough, on plans for tapping oil or mineral reserves nearby.
So far, the courts have agreed with them. Judges sided with native communities in all six of the lawsuits that have been decided, pointing to international law to annul government green lights such as mining and oil concessions.
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