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Article

16 Oct 2018

Author:
DHUMA -Human Rights and Environment (Derechos Humanos y Medio Ambiente), The Democracy Center, The Institute for Policy Studies (IPS) & MiningWatch Canada

Peru: Supreme Court overturns sentence against indigenous leader convicted for protesting Bear Creek mining project

“Supreme Court Accepts Appeal of Peruvian Human Rights Defender and Overturns Sentence” - October 11, 2018

On Friday October 5th, the Peruvian Supreme Court accepted Walter Aduviri’s appeal and overturned the sentence against him. Aduviri was a spokesperson for the Aymara indigenous communities during the 2011 Aymarazo protests in Peru against the proposed Santa Ana mining project owned by Bear Creek Mining Corporation from Canada. The Supreme Court ruled that Aduviri’s appeal was well founded and ordered that the case should begin again from zero in the regional courts…Both local and international civil society groups have been following the case closely because of two dangerous legal precedents in the case that risked weakening the broader movement in Peru for indigenous rights and in defense water, land and territory. For now, those precedents have been blocked…Bear Creek Mining Corporation, after the Aymarazo, also filed a multi-million dollar compensation claim against Peru at ICSID, the investment arbitration arm of the World Bank, for the cancellation of the Santa Ana mine. In December 2017, the same month in which the courts of “justice” condemned Aduviri, ICSID ruled in favor of Bear Creek and ordered Peru to pay more than USD$30 million in compensation, including legal fees and interest. Local community members have been calling for the compensation not be paid but rather for communities to be compensated for the economic losses and social upheaval caused by the presence of the mining company. This debate will continue in Peru in the weeks and months ahead