Peru gov't says applying indigenous rights law in mining sector

jueves 12 de noviembre de 2015 15:51 GYT

By Mitra Taj

LIMA Nov 12 (Reuters) - Peru is starting to apply an indigenous rights law in the country's key mining sector, reversing course from its previous position in order to ward off potential lawsuits, the government said on Thursday.

The government could ask some companies to suspend some exploration activities while the law is applied retroactively, said Deputy Culture Minister Patricia Balbuena.

Peru's so-called prior consultation law, passed by President Ollanta Humala in 2011, aims to give indigenous people more say in extractive projects that could impact them. It requires the government to negotiate with native communities before approving projects, but does not give them the right to veto them.

Fears the law would slow investments and the view that Quechua-speaking communities in the mineral-rich Andes don't qualify as indigenous had kept the government from requiring consultations for mining projects.

But Balbuena said that after an internal dispute, the government has decided that it cannot deny that there are indigenous communities near potential new mines.

"It's a threat to legal security because you're putting forward projects that you'll later have to annul," Balbuena said in an interview.

"We can no longer say that there are no indigenous communities in the Andes. That debate is over, and I think that's a big advance," Balbuena said.

The government has already held consultations with communities near two mining exploration projects. Each process took about 30-40 days, Balbuena said.   Continuación...