ABSTRACT

This chapter describes the legal battles of Derechos Humanos y Medio Ambiente—Puno (DHUMA) with the government and mining companies in situations of conflict related to the development and operations of mining sites in the southern Andes. It explains how the government has utilized arguments of “public benefit” and “state of emergency” to circumvent constitutional rights of affected communities. It also details how the disenfranchisement of indigenous groups allows standards of required community consent to be ignored, and how companies have been able to pay for security service from the national police, creating a major conflict of interest. Additionally, legislation has been passed that criminalizes social protest and invites violence against people and communities who resist mining development. The chapter also describes how DHUMA has attempted to defend affected communities and promote peace through legal channels and organized social action.