Peru: Indigenous groups submit class action against authorities that eliminated FPIC in electricity, hydro-ways and road projects
Summary
Date Reported: 4 May 2018
Location: Peru
Companies
China Minmetals - Parent Company , Minerals and Metals Group (MMG) (part of China Minmetals) - SubsidiaryProjects
Las Bambas - UnknownAffected
Total individuals affected: Number unknown
Community: ( Number unknown - Location unknown - Sector unknown , Gender not reported )Issues
Indigenous Peoples , Free, prior & informed consentResponse
Response sought: No
Source type: NGO
…Two years after their struggle started, indigenous communities demanding the annulment of a provision and a resolution they consider against the Act on the Right to Prior consultation to indigenous or aboriginal peoples (Law # 29785) and also against ILO 169 Convention…suppressing the right to free, prior and informed consent [FPIC] to these indigenous communities…the Ministry of Culture and the Deputy Ministry of Inter-Cultural issues, through their provisions have eliminated FPIC for the construction and maintenance of infrastructure regarding health, education and public services “aiming at benefitting” indigenous peoples…This has led to the fact that omission of FPIC becomes stronger illegally and against constitutional provisions in projects such as the electricity lines of Moyobamba, Iquitos, the road for the mining project Las Bambas [part of MMG, part of China Minmetals] and the Ucayali road, the Amazon Hydro-way and other future projects to come. They have created and will create serious impacts both to the environment and to the indigenous peoples in these zones…For this reason the Inter-Ethnic Association for the Development of the Amazon Jungle, AIDESEP (for its Spanish acronym) submitted a class action against both institutions asking for the annulment of those resolutions against consultations, and this Tuesday May 8, a legal hearing will take place at the Supreme Court of Justice of Lima (9 am), with the participation of leaders of indigenous communities.