sanction politics: lessons from mining policy in madre de dios, peru

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High Commissioner in action against illegal mining in operation in Madre de Dios 07.08.14 Photo: Guillermo Venegas, PCM Peru (Creative Commons) GOMIAM POLICY BRIEF GOMIAM is a knowledge network on small-scale gold mining and social conflicts in the Amazon. It is built on interdisciplinary research teams that share a comparative and transboundary perspective in five countries, namely: Suriname, Brazil, Bolivia, Peru and Colombia. Our academic results have been translated into policy recommendations – Policy Briefs. With this series, GOMIAM wishes to bridge the existing research and policy divide, by presenting specific policy problems, related evidence-based research results and implications and recommendations for policy makers. The complete Series and all the information generated by GOMIAM can be found at www.gomiam.org. SANCTION POLITICS: LESSONS FROM MINING POLICY IN MADRE DE DIOS, PERU October 2015 Main lessons learned: • Any policy that advocates the use of force to eradicate illegal mining should be approved by the local population. What is more, interventions must focus on engaging with those groups who, according to other local actors, are acting outside the law. The isolated results of using force in any country are very limited and generate local resistance. • The use of force as a mechanism for applying pressure so that miners engage in negotiation and formalization processes is only effective over the long-term if guided by a coherent plan for local formalization and participation. Eradication campaigns that do not respect the time require for participation and negotiation end up generating resistance towards the formalization process. State formalization policy should not be based on the use of force. GOMIAM BY: GOMIAM-PERU

Transcript of sanction politics: lessons from mining policy in madre de dios, peru

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High Commissioner in action against illegal mining in operation in Madre de Dios 07.08.14Photo: Guillermo Venegas, PCM Peru (Creative Commons)

GOMIAM POLICY BRIEF

GOMIAM is a knowledge network on small-scale gold mining and social conflicts in the Amazon. It is built on interdisciplinary research teams that share a comparative and transboundary perspective in five countries, namely: Suriname, Brazil, Bolivia, Peru and Colombia. Our academic results have been translated into policy recommendations – Policy Briefs. With this series, GOMIAM wishes to bridge the existing research and policy divide, by presenting specific policy problems, related evidence-based research results and implications and recommendations for policy makers. The complete Series and all the information generated by GOMIAM can be found at www.gomiam.org.

SANCTION POLITICS: LESSONS FROM MINING POLICY IN MADRE DE DIOS, PERUOctober 2015

Main lessons learned:

• Any policy that advocates the use of force to eradicate illegal mining should be approved by the local population. What is more, interventions must focus on engaging with those groups who, according to other local actors, are acting outside the law. The isolated results of using force in any country are very limited and generate local resistance.

• The use of force as a mechanism for applying pressure so that miners engage in negotiation and formalization processes is only effective over the long-term if guided by a coherent plan for local formalization and participation. Eradication campaigns that do not respect the time require for participation and negotiation end up generating resistance towards the formalization process. State formalization policy should not be based on the use of force.

GO

MIA

M

BY: GOMIAM-PERU

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1 http://gestion.pe/mercados/precio-oro-supera-barrera-us-1300-onza-20717422 Cremers L., Kolen J. & De Theije M. (2013) Small-scale Gold Mining in the Amazon. The cases of Bolivia, Brazil, Colombia, Peru and Suriname. Amsterdam: CEDLA.3 Sociedad Peruana de Derecho Ambiental (2014). La realidad de la minería ilegal en los países amazónicos. Lima: SPDA. Bezerra O., Veríssimo A. and Uhl C. (1996) “The regional impacts of small-scale gold mining in Amazonia”. Natural Resources Forum 20(4): 305-317. 4 Valencia L. (2014) Madre de Dios: ¿Podemos evitar la tragedia? Políticas de ordenamiento de la mineríaaurífera. Lima: SPDA.5 Heemskerk, M., Duijves, C. &Pinas, M. (2015). Interpersonal and institutional distrust as disabling factors in natural resources management: small-scale gold miners and the government in Suriname. Society & Natural Resources, pp. 1-16.6 http://www.enciclopedia-juridica.biz14.com/d/interdiccion-civil/interdiccion-civil.htm

1. A POLICY CHALLENGEOver the last decade, small-scale gold mining has grown significantly in the Amazon basin. Against this backdrop, national governments in the region have begun to use force as a means of combating informal and/or illegal mining. However, public policies that back violent campaigns of enforcement have failed to achieve their primary goal of detaining the expansion of mining in the basin. It is therefore worthwhile questioning the effectiveness of violence as a means of dealing with illegal gold mining in the Amazon.

2. CASE STUDY: SANCTION AND ERADICATION AS A PUBLIC POLICY Small-scale gold mining has grown significantly in the Amazon basin as a result of an exponential rise in gold prices, amongst other factors1. This phenomenon is linked to three inter-related processes. First, mining activities have gradually been adopted partly by residents and mainly by migrants to the Amazon basin. Second, unregulated mining activities - considered either informal or illegal depending on how they are categorized in each country – have grown2. Third, increasing environmental damage arising from mining has reached unlawful levels according to the laws in some countries3.

These social and environmental processes are linked to a double - legal and illegal – gold economy4. In its illegal dimension, this economy is characterized by: the unregulated circulation of mining inputs such as mercury; unregulated employment and people trafficking for mining extraction, as well as associated activities such as prostitution; the informal commercialization of extracted gold; the environmental destruction caused by extraction, and; growing and general conflict between distinct groups of miners over extraction areas, between miners and non-miners over the use of resources and between miners and different levels of government over the control, formalization and regulation of this activity5.

Against this backdrop, governments in the region have taken up the use of force as a means to combat informal and/or illegal mining. State policies of legal and violent enforcement share a common objective: to punish miners considered illegal by halting and/or destroying their operations. The legal frameworks and institutions responsible for defining and executing these policies vary from country to country, as do the specific outcomes and objectives pursued by the interventions (see Table 1). In countries like Brazil and Colombia, for example, the use of force is included in legislation pertaining to crime reduction, whereas in Bolivia and Peru the use of force is classified as a ‘sanction’ (loss of rights)6. This difference in legal terminology reflects the different objectives of the interventions; while in Colombia and Brazil the aim is to eradicate illegal mining, in Bolivia and Peru the ultimate goal appears to be to force illegal miners to enter into on-going formalization processes.

High Commissioner in action against illegal mining in operation in Madre de Dios 07.08.14Photo: Guillermo Venegas, PCM Peru (Creative Commons)

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SOURCES: Jurisdictional Mining Authority, Bolivia (http://www.autoridadminera.gob.bo/public/)Ministry of Energy and Mines, Brazil (http://www.mme.gov.br/)Ministry of the Environment, Ecuador (http://www.ambiente.gob.ec/) Ministry of Energy and Mines, Colombia (http://www.minminas.gov.co/minas).

As shown in Table 1, campaigns aimed at sanctioning or eradicating illegal mining have met with resistance from legally recognized miners’ organizations and federations in every country. Likewise, the outcomes of these campaigns have been very specific and limited.

Subsequently, it can be maintained that public policies employing violent legal enforcement have failed to reduce informal and/or illegal mining in the Amazon basin8. As such, it is worthwhile questioning the effectiveness of violence as a method for dealing with the challenge of illegal gold mining in the Amazon. The following article provides an analysis of sanction policies in the Peruvian region of Madre de Dios with the aim of extracting lessons to inform improvements in public policies advocating the use of force.

Table 1: Eradication and Sanction Policies in the countries of the Amazon basin 7

ECUADOR

CECMI – Coordinating Ministry for Security

The 2014 Integrated Organic Penal Code (COIP) classifies illegal mining activities

Eradicate illegal mining

Destruction of facilitiesSeizure of machinery

CONAIE (Confederation of Indigenous Nationalities)

99 operations between 2014 and2015

COLOMBIA

UNIMIC within the National Police

2014 Integrated Intervention Strategy Against the Illicit Exploitation of Mining Deposits

Dismantle the criminal structures behind illicit mining

Destruction of facilitiesSeizure of machineryDetention

The FARC and the ‘Urabeños’ (narco-paramilitary group)

Between January 2010 and March 2015, 881 operations were carried out involving 2,733 illegal mines. 7,419 people have been arrested. 839 kilos of illegal gold have been decommissioned. 1,352 backhoe loaders were seized and 176 destroyed.

BOLIVIA

AJAM – Ministry of Mining and MetallurgyADEMAF – Ministry of Planning and Development

2014 Law of Mining and Metallurgy2011 Law 100 of Border Development and Security

Prevent looting of natural resources

Destruction of facilitiesSeizure of machinery

FENCOMIN Federation

By 2013, ADEMAF had carried out several operations on illegal mining sites. Between 2010 and 2012, 5 operations took place. In June 2015, AJAM seized machinery valued at $700, 000 and detained 30 people.

(…) OF THE SANCTION

LEAD ACTOR/COORDINATOR

KEY DOCUMENT(S)

OBJECTIVE

MEANS

OPPOSING PARTIES

OUTCOMES

BRASIL

Federal Audit Office of IBAMA –Brazilian Institute of the Environ-ment and Natural and Renewable Resources

Ordinance nº 341 of 31 August 2011 – Approving the Internal Administration of IBAMA

Audit and issue administrative, environmental or compensatory penalties

Destruction of facilities and machinery on siteDetention

Federation of Garim-peiros (independent minerals prospectors)

Between 2007 and 2012 IBAMA deactivated 81 illegal camps and issued fines worth 75 million Reales, around 20 million USD.

7 For the data on Peru, see Table 2. 8 http://elcomercio.pe/opinion/colaboradores/formalizar-mineria-como-vamos-cesar-ipenza-noticia-1776062?ref=flujo_tags_517443&ft=nota_7&e=titulo

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9 García Morcillo J. (1982) “Del caucho al oro: el proceso colonizador de Madre de Dios”. Revista Española de Antropología Americana 12: 255-271. Chirif A. y Cornejo M. (eds) (2009) Imaginario e imágenes de la época del caucho. Los sucesos del Putumayo. Lima: CAAAP-IWGIA-UCP.10 http://www.washingtonpost.com/sf/world/2015/10/06/loggers/?utm_content=bufferde236&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer11 Pachas V. (2011a) Historia de una incertidumbre. Hábitat, conflicto y poder en la minería artesanal de oro de Perú. Lima: Earth First SAC. Valencia L. (2014) Madre de Dios: ¿Podemos evitar la tragedia? Políticas de ordenamiento de la minería aurífera. Lima: SPDA. Damonte, G. (2014) “Playing at the margins of the State: Small Scale Miners and the State formalizing quest in Madre de Dios” Working Paper GOMIAM.12 https://redaccion.lamula.pe/2014/10/09/presidencia-incomoda/gabrielarriaran/ http://www.actualidadambiental.pe/?p=27249

Madre de Dios and small-scale mining

Madre de Dios is one of the border regions in the Peruvian Amazon basin. Politically, this region has remained at a distance from the centralized national government. Economically, it has served as a centre for colonization and extraction due to its low population density and the natural resources it houses, such as rubber and gold9. Over recent decades, Madre de Dios has been coveted for hydroelectric power plant construction thanks to an abundant supply of water, and has also been targeted for the establishment of conservation areas due to its high biodiversity.

The original inhabitants of Madre de Dios are indigenous Amazonians, although at present a large majority of the population is made up by migrants from the Andean region of Peru. The different indigenous populations live mostly in communities that are officially recognized by the State, while the migrants work in agriculture and mining on either private land or State-approved concessions. The different population groups are extremely diverse and live alongside one another in a tense environment that sometimes evolves into conflict over resources10. Although different workers’ unions are organized by community or into fede-rations, political representation is fragmented and there is no unified leadership11. In the 2014 regional elections a candidate backed by miners’ groups was elected as Governor of Madre de Dios although he did not legally represent those organizations12.

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13 Gray A. (1986) And after the gold rush...? Human rights and self-development among the Amarakaeri of Southeastern Peru. Copenhagen: IWGIA.14 Damonte G., Bueno de Mesquita M., Pachas V., Chávez M., Flores A. and De Echave J. (2013). “Small-scale gold mining and social environmental conflicto in the Peruvian Amazon”. In Cremers L, Kolen J and De Theije M (eds) (2013) Small-scale Gold Mining in the Amazon. The cases of Bolivia, Brazil, Colombia, Peru and Suriname. Amsterdam: CEDLA: 66-84.15 Brack A., Ipenza C., Álvarez J. and Sotero V. (2011) Minería Aurífera en Madre de Dios y Contaminación con Mercurio. Una Bomba de Tiempo. Lima: Ministerio del Ambiente. 16 Damonte, G. (2012) “Repression and negotiation in an “unknown space”: state SSM policy, resistance, and conflict in Madre de Dios”. Working Paper GOMIAM. Damonte G. (2013) “Formalizing the Unknown: the stalemate over formalizing small scale mining in Madre de Dios. The Broker on line (http://thebrokeronline.eu/Articles/Formalizing-the-unknown). 17 CORDEMAD (1986) Madre de Dios. El Perú Desconocido. Puerto Maldonado: Corporación Departamental de Desarrollo de Madre de Dios. 18 Pachas V. (2011b) A propósito del Plan Nacional para la formalización de la mineríaartesanal en el Perú.Lima: CooperAcción. Mosquera C. (2006) El desafío de la formalización en la minería artesanal y de pequeña escala. Análisis de las experiencias del Perú, el Ecuador, Colombia y Bolivia. Lima: CooperAcción, AcciónSolidaria para el Desarrollo. Mosquera C., Chávez M., Pachas V. &Moschella P. (2009) Estudio diagnóstico de la actividad minera artesanal en Madre de Dios. Lima: Fundación Conservación Internacional. 19 http://elcomercio.pe/peru/pais/marcha-mineros-ilegales-miles-seguiran-hoy-protestas-noticia-1717369

Mining has long been a seasonal activity in Madre de Dios. For example, small scale mining features amongst the traditional livelihood activities of the Amarakaeri indigenous groups13. Since the middle of the twentieth century, Andean populations have been migrating, either seasonally or permanently, to Madre de Dios to labor in the small-scale mining sector. This century, however, alluvial mining in Madre Dios has grown exponentially driven by high gold prices14. As a result, both the population and mining areas are multiplying while the scale of extraction continues to rise due to endless operations. As in other areas of the Amazon, this scenario has led to the emergence of a black market economy for gold and has caused severe environmental damage in the region15.

Historically state presence in the region has been weak16. In the mid-twentieth century, the Peruvian government began to esta-blish some sort of permanent presence in Madre de Dios with the main objective of promoting plantations, mining businesses and, more recently, conservation initiatives17 . Over the last decade, the State has made efforts to consolidate its presence and authority in the region in order to regulate growth in mining and promote an agenda for national investment.

The solution to mining proposed by the State has been the formalization of miners with the intention of regulating their operations and mitigating the environmental impact of their activities. To achieve this, a formalization plan was elaborated which describes procedures related to: miner registration, control of production processes and scales to mitigate environmental impacts, the creation of mining activity exclusion zones outside the so-called “mining corridor” and the formalization of the gold market chain18. However, the plan was formulated without considering detailed information about the complex social scenario brought about by the gold rush, and thus it generated resistance from the local mining population19. In response, the Peruvian government decided the implement a sanction policy to eradicate those it considers illegal miners and to enforce compliance with the legislation set out in the formalization plan. The following section provides an analysis of this strategy and outcomes to date.

Box 1: Key facts: Madre de Dios

- Miners: It is estimated that between 15 and 30 thousand people earn a living from informal and illegal mining in Madre de Dios.- Extraction: Madre de Dios produces around 500 thousand ounces of gold per year, 10% of total national metal production. - Concessions and Operations: There are 2,500 mining concessions approved by MINEM in the region, but only 35 are authorized for exploitation. There are no official figures for the number of mining operations. - Environmental Impact: Around 50 thousand hectares deforested by informal mining in Madre de Dios. - Formalization: By 2014, around 70,000 informal miners from across the country had presented statements declaring their commitment to initiating the formalization process. Of these, 14,891 have already passed to the second stage of the procedure and 631 have finished the process ( just less than 1%). - Informal and illegal: Illegal miners who declare their commitment to the formalization process pass to the category of ‘ informal’. The large majority of miners have completed this stage. Notwithstanding, any miner operating in mining exclusion zones is considered illegal.

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SOURCES: MINAM (http://www.minam.gob.pe/mineriailegal/el-proceso-de-formalizacion-minera/)El Comercio (http://elcomercio.pe/economia/peru/solo-631-mineros-informales-han-accedido-formalizacion-no-ticia-1779703?ref=flujo_tags_517443&ft=nota_5&e=titulo, http://elcomercio.pe/peru/pais/mem-hay-mas-72-mil-mineros-que-buscan-formalizados-noticia-1721469?ref=flujo_tags_517443&ft=nota_24&e=titulo)SPDA (http://www.actualidadambiental.pe/?p=16438)

Sanction as a pressure mechanism

Emergency Decree number 012-2010 declares mining legislation in Madre de Dios an issue of national emergency. Subsequently, a package of formalization measures was initiated in 200120establishing mining exclusion zones and restricting the activity territorially to a space known as the “mining corridor”. With this legal foundation, further legislation was developed from 2011 onwards to regulate the use of force as a means of sanctioning illegal miners; that is to say those miners who do not comply with the rules established within the formalization plan. Subsequently, the General Department of Captaincy and Coastguards (DICAPI) was established as a branch of the Peruvian navy and put in charge of decommissioning and destroying non-authorized machinery in mining exclusion zones.

To date, sanction operatives have mainly focused on destroying “dredgers”21 and decommissioning mining machinery (see Table 2). These interventions, however, have had a limited direct impact, due in particular to the lack of precision and coherence of the operatives. Many operatives have failed to identify their targets accurately because they do not have access to or do not use precise information about where illegal operations are to be found22.

Table 2: Sanctions in Madre de Dios, Peru

The High Commission for the Formalization of Mining within the Presidency of the Council of Ministers

Armed Forces- DICAPI

2012 DL1100 and the 2014 National Strategy to Combat Illegal Mining

Eradicate the main illegal mining settlements and reduce the crime of illegal mining

Destruction of facilities and seizure of machinery

FEDEMIN (Federation of Artisanal Miners in Madre de Dios)

Between 2011and 2014, approximately 190 sanctions were issued during various campaigns

LEAD AGENCY:

EXECUTING AGENCY:

LEGAL FRAMEWORK:

OBJECTIVE:

ACTIONS:

OPPOSING PARTY:

OUTCOMES:

20 Con el Decreto Supremo Nº 056-2001 –EM. 21 A boat designed for dredging harbours or other bodies of water. http://www.oxforddictionaries.com/definition/english/dredger http://elcomercio.pe/economia/peru/desafio-mitigar-mineria-informal-exito-fracaso-noticia-1775279?ref=flujo_tags_130152&ft=nota_3&e=titulo23 Decreto legislative que regula la interdicción de la minería illegal en toda la República y establece medidas complementarias.

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As a result, many illegal miners remain at large while machinery belonging to some miners already engaged in the formalization process continues to be destroyed. It can be inferred from this scenario that the State uses sanctions more as a way of applying pressure than to eradicate illegal mining. The State knows it cannot eradicate thousands of illegal and informal miners using one-off sanctions, and as such has adopted a much stronger stance towards the formalization process. Extensive media coverage and national public support for these operatives sustains the hypothesis that the State uses sanctions mainly as a strategy for pressurizing miners in Madre de Dios24.

The cycle of sanctions, protests and tentative negotiations driven by each campaign can be understood based on this logic. After each sanction, the miners react by mobilizing (marching, blocking communication routes and calling for strikes), often with support from the regional government, against what they consider to be indiscriminate violence perpetrated by central government (Figure 1). In some cases, the protests conclude with negotiations and, in this way, the sanctions have the indirect effect of forcing forward the formalization process. Up till now, has this spiral of sanction, reaction and negotiation actually advanced the negotiation process? To answer this, it is necessary to review the terms of the formalization process under negotiation.

Figure 1: Cycles of sanction and negotiation

SOURCE: Authors’ own elaboration

24 http://archivo.larepublica.pe/14-09-2013/operaciones-de-interdiccion-contra-la-mineria-ilegal-continuaran http://elcomercio.pe/peru/pais/fuerzas-armadas-mantendran-intervencion-tres-regiones-noticia-1819016?ref=flujo_tags_514818&ft=nota_13&e=titulo

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The main points of the formalization plan under negotiation are:

• Firstly, prohibit the use of heavy machinery and dredgers in particular in order to limit the scale of production and the environmental impacts of the activity. In particular, the aim is to avoid extraction in rivers using dredgers. This is the condition that the State has been least prepared to negotiate, although at the same time a lack of information about the quantity and location of heavy machinery and dredgers has seriously limited eradication efforts. For their part, the miners play down the quantity and impact of said machinery.

• Second, the establishment of mining exclusion zones. The State has tried to organize mining activities territorially. First of all by carrying out Economic and Ecological Zoning (ZEE) in 2009 and then by establishing a ‘’mining corridor’’. At the same time, during negotiations the State has had to cede to miners’ on this condition by appro-ving mining activities in areas outside the corridor (Pachas 2012). It is clear that the lack of census data on miners and operations combined with the quantity and dispersion of alluvial deposits makes state territorial control all the more challenging. The miners defend their right to extract gold in exclusion zones based on the fact that they worked in these areas before the prohibition came into force.

• Third, the establishment of environmental standards for operations. The State has had to cede on this conditi-on on various occasions by introducing modifications to relevant laws and regulations. During negotiations miners have identified a number of gaps and incoherencies in technical and environmental legislation, thereby revealing the limited knowledge state technicians have of mining activities. A recurrent argument voiced by miners is that the environmental standards proposed by the State are not realistic and that imposing them would not imply formalization but eradication of this activity all together.

• Fourth, the establishment of formalization periods. The State has successively extended the deadline of this process in the face of limited success. The majority of miners have signed a letter of intent expressing their intent to formalize, however a negligible number have actually finished the process25. The miners attempt to postpone the deadlines while at the same time reaffirming their wish to formalize. The large majority does not confront the State but rather demands to be engaged in the formalization process as a way of avoiding or denouncing sanction operatives affecting their operations.

• Finally, the State has demonstrated little effectiveness in implementing regulation systems to effectively monitor the conditions and progress of the formalization process. The sanctions are violent and isolated operati-ves that do not follow the logic of legal control. The State is not capable of certifying compliance with conditions of formality ‘’in situ’’ even amongst the limited numbers of formal miners. Furthermore, the shortage of trained personal, the superposition of mining and non-mining concessions and the lack of data about the inhabitants and mining operations means that effective State control is practically impossible26. In this context, miners are reaffirming their ability to auto-regulate while the State looks to gradually increase its capacities.

25 No existe data confiable sobre el número de mineros. El Estado consigna el número de mineros con carta y los formalizados pero para todo el país, no para la región26 http://elcomercio.pe/peru/lima/madre-dios-tiene-concesiones-mayor-parte-su-territorio_1-noticia-1334405

High Commissioner in action against illegal mining in operation in Madre de Dios 07.08.14Photo: Guillermo Venegas, PCM Peru (Creative Commons)

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3. LESSONS LEARNEDLegally executed campaigns of violence targeting small-scale mining populations have had limited success and require case-by-case analysis. Even though practically all Amazonian countries have incorporated the use of force into their mining policies in the Amazon, the rationale, objectives and methods all vary. Experience suggests that these policies would produce better results if the use of force was considered solely as a complementary measure and linked to other state strategies and policies. In every Amazonian country, the one-off outcomes of the use of force are extremely limited and have generated local resistance.

In the case of Madre de Dios, sanction policy has been employed as a state strategy to consolidate territorial governance in the region. Beyond the nominal objective to ‘eradicate’ illegal mining, the use of force has been employed to apply pressure and bring about eventual negotiations with the general mining population. Sanction campaigns have served in some cases to initiate new cycles of negotiation with distinct miners’ groups, which have helped to drive forwards the implementation of government guidelines and population control measures contained within the formalization plan. The main lessons that can be extracted from the limited success of the strategy adopted in Madre de Dios include:

a) If the overall objective is to eradicate illegal mining, sanctions should be selective, precise and follow a coherent plan. That is to say, sanctions should be directed towards a specific group of miners that, according to other local actors, is acting outside the law. In Madre de Dios, imprecision during the execution of sanctions has provoked confusion and protests, and has encouraged resistance from different miners’ groups. b) When creating a sanction policy the state should have access to detailed and current information on local social and environment contexts. The Peruvian State does not have sufficient information to demonstrate that its interventions only target illegal miners. It is necessary to have at least some geo-referenced census data on miners and operations in order to legitimize the interventions.c) Forcing negotiation is insufficient for driving forwards formalization processes. Effectively, the sanctions in Madre de Dios have applied pressure on miners to initiate the formalization process. However, they have failed to advance the formalization process itself, which remains at a standstill. When negotiating formalization conditions and timeframes, miners’ groups have demonstrated they have more effective strategies than the State. As a consequence, the State-driven formalization process has not made significant progress despite the use of force.d) Finally, in an environment where legitimate governance is yet to be successfully installed the use of force produces very limited results. Thus the State should focus its efforts on establishing more effective governance in the region. Violent enforcement should only be used as an emergency response to support regional governance and not as the primary objective of state intervention.

4. REFERENCESBezerra O., Veríssimo A. and Uhl C. (1996) “The regional impacts of small-scale gold mining in Amazonia”. Natural Resources Forum 20(4): 305-317. Brack A., Ipenza C., Álvarez J. and Sotero V. (2011) Minería Aurífera en Madre de Dios y Contaminación con Mercurio. Una Bomba de Tiempo. Lima: Ministerio del Ambiente. Chirif A. and Cornejo M. (eds) (2009) Imaginario e imágenes de la época del caucho. Los sucesos del Putumayo. Lima: CAAAP-IWGIA-UCP.CORDEMAD (1986) Madre de Dios. El Perú Desconocido. Puerto Maldonado: Corporación Departamental de Desarrollo de Madre de Dios. Cremers L., Kolen J. & De Theije M. (2013) Small-scale Gold Mining in the Amazon. The cases of Bolivia, Brazil, Colombia, Peru and Suriname. Amsterdam: CEDLA.Damonte, G. (2012) “Repression and negotiation in an “unknown space”: state SSM policy, resistance, and conflict in Madre de Dios”. Working Paper GOMIAM.Damonte G. (2013) “Formalizing the Unknown: the stalemate over formalizing small scale mining in Madre de Dios. The Broker on line (http://thebrokeronline.eu/Articles/Formalizing-the-unknown)Damonte, G. (2014) “Playing at the margins of the State: Small Scale Miners and the State formalizing quest in Madre de Dios” Working Paper GOMIAMDamonte G., Bueno de Mesquita M., Pachas V., Chávez M., Flores A. and De Echave J. (2013) “Small-scale gold mining and social environmental conflicto in the Peruvian Amazon”. In Cremers L., Kolen J. and De Theije M. (eds) (2013) Small-scale Gold Mining in the Amazon. The cases of Bolivia, Brazil, Colombia, Peru and Suriname. Amsterdam: CEDLA: 66-84.

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Fernández L. (2010) Desarrollo territorial en Madre de Dios. Los impactos socioambientales de la carretera Interoceánica Sur. Lima: ProNaturaleza, Wildlife Conservation Society. García Morcillo J. (1982) “Del caucho al oro: el proceso colonizador de Madre de Dios”. Revista Española de Antropología Americana 12: 255-271. Gobierno Regional de Madre de Dios & IIAP (2009) Propuesta de Zonificación Ecológico-Económica del Departamento de Madre de Dios. Madre de Dios: Gobierno Regional de Madre de Dios.Gray A. (1986) And after the gold rush...? Human rights and self-development among the Amarakaeri of Southeastern Peru. Copenhagen: IWGIAHeemskerk, M., Duijves, C. & Pinas, M. (2015) Interpersonal and institutional distrust as disabling factors in natural resources management: small-scale gold miners and the government in Suriname. Society & Natural Resources, pp. 1-16.Mosquera C. (2006) El desafío de la formalización en la minería artesanal y de pequeña escala. Análisis de las experiencias del Perú, el Ecuador, Colombia y Bolivia. Lima: CooperAcción, Acción Solidaria para el Desarrollo.Mosquera C., Chávez M., Pachas V. & Moschella P. (2009) Estudio diagnóstico de la actividad minera artesanal en Madre de Dios. Lima: Fundación Conservación Internacional. Pachas V. (2011a) Historia de una incertidumbre. Hábitat, conflicto y poder en la minería artesanal de oro de Perú. Lima: Earth First SAC. Pachas V. (2011b) A propósito del Plan Nacional para la formalización de la minería artesanal en el Perú. Lima: CooperAcción. Pachas, V. (2012) El sueño del corredor minero. Cómo aprender a vivir contigo y sin ti. Cusco: CBC. Remy M. (1983) “Migrantes andinos a los lavaderos de oro de Madre de Dios”. Shupihui III(28)Sociedad Peruana de Derecho Ambiental (2014) La realidad de la minería ilegal en los países amazónicos. Lima: SPDA. Valencia L. (2014) Madre de Dios: ¿Podemos evitar la tragedia? Políticas de ordenamiento de la minería aurífera. Lima: SPDA.

CONTACT INFORMATION

Author: Gerardo Damonte (GRADE/PUCP)

GOMIAM team: Gerardo Damonte (GRADE/PUCP)Mourik Bueno de Mesquita (CBC)Franco Arista (Solidaridad)Victor Hugo Pachas (Consultor)Ludwing Bernal (CBC)

In case of remarks or questions, contact Gerardo Damonte ([email protected]) or Mourik Bueno de Mesquita ([email protected]).

* The GOMIAM Project is financed by the programme CoCooN- Conflict and Cooperation over Natural Resources of NWO-Wotro Science for Global Development.* This Policy brief only reflects the point of view of the author/s. The GOMIAM Project cannot be held responsible for any use which may be made of the information.* Photos: Presidencia del Consejo de Ministros Perú, CC Licence - Some rights reserved