EL COMERCIO, 03, FEB. 2013, PAGE 16
Ministry recognizes
not reviewed the
Assembly of 2012.
In the census are
3480 registered
members and only
part 725.
[email protected]
Only 150 miles separate
Cañaris of Chiclayo, but
road is more visible in the
Earth map that makes the
journey lasting more than seven hours.
The district where this
Cañariaco not connected
vialmente with the capital
of the region to reach Cañaris
must leave Lambayeque,
reach Pucara, in Cajamarca,
and from there up into a truck
to the head of basin
where the 40 000
hectares of the rural community
San Juan de Canaris.
Unlike the other community
located in rural
area, Tupac Amaru II, which does have
export projects
organic coffee, the San
John lives basically Cañaris
of subsistence agriculture.
Owns more than half
land in the district, and that
total, 22,000 hectáreasforman
part of the mining project
Candente Copper Peru.
Since the conflict began
in Canaris, Energy Minister
and Mines (MEM), Jorge Merino,
results mentioned
General Assembly on
in July last year, in
which approximately 70%
of the 725 people who participated
voted for the income
the mining company.
However, in several documents
to which trade
had access, technicians
the Mining Department
presented indicate that writing
by the mining with the results
of that assembly was not
revised "because the company withdrew
the reset request
operations. "
On August 9, 2012 Cañariaco
Peru Copper presented a
request "start authorization
exploration activities
mining "and attached writing
public detailing the
results of the communal assembly
that authorizes the entry
to community land.
But two months later, on 12
October, the mining company
This procedure desisted
and so the writing was not revised.
If the company gave up its
request for resumption of
exploration activities under
which operates under now?
The Mining Department
indicates that activities
the company makes at this time
"Are continuing
exploration activities "
which began in 2008.
In January of that year and has
in community-Public Records
authorized for one year
Millennium Exploration (now
Copper Cañariaco) use
surface area "for exploration
and studio work
environmental impact. "the term
expired on January 6, 2009.
Since then the community
not again discuss a new
income, until last year. then,
Yes no request for resumption
or authorized community
the extension of the stay of
the company since 2009, which is
the current status of the company?
The company maintains
they are continuing
with operations and precisely
Assembly in July
approved such continuation. Deputy
Mine, Guillermo
Shinno, said: "The company
resumes with the permission of the
community in the assembly of 8
July, which was made by order
judge's repeated refusal to
of the policy community. "
As noted the same sector,
such results were not
verified. this Week
the Ombudsman recommended
the Government "check
Peru Copper Company Cañariaco
has the authority to
surface land use. "
On July 23, 2012, days after
Assembly convened
by the magistrate, Cañariaco Copper
registered before a notary
Chiclayo results that
meeting.The record mentions
she had the presence of
"Qualified commoners, who
represent the most comprehensive,
more than 80% ", but does not require
many villagers were
registered. Only mentioned
that 70% (about 500)
gave permission "for exploration
for three years. "
The voter registration community
has, however,
3480 registered commoners.
The Private Investment Law
Development Activities
Communal Land Economics in
(26505) states that for
"Lease or exercise any
other act on the commons
will require the agreement of
not less than two thirds of all
members ". Ie
at least 2,300 votes.
In respond to MEM
Regulation of Law 26505
notes that not necessarily
you must have a quorum at the
assembly to reach a decision.
However, different
They pointed consulted lawyers
that such an interpretation would
very restrictive for the right to
Property, since Regulation
has a lower rank than the law.
Alicia Abanto, head of the Program
Indigenous Peoples
the Ombudsman argues
"There are indications that
permission from the company would not have
received two thirds
favorable, so we asked
sector to check the minutes of
the July meeting. "on this
subject, yet does not respond MEM.
San Juan de Canaris was recognized
in 1956 as a community
Indian. He kept this title
until 1970, when a decree
promulgated by the government
Velasco Alvarado modified
the community name to
peasant. Although not yet
know the official list of the
indigenous peoples in Peru, the
Act Regulations consultation
stresses the obligation upon
of the promoter (in this
If the MEM) identification
of people to consult.
The new procedures unique text
This field makes the query
be implemented prior to the
granting of the concession, the
Start or restart authorization
exploration activities
and exploitation.
The Minister has stated that the
consultation does not apply in the
Cañariaco because
is a resume, but
of continuing activities
that began before
the validity of the regulation.
Several publications recognize
Canaris as indigenous people:
ethnolinguistic map of
Indepa (2010), the census INEI
2007, the "Atlas of indigenous peoples"
UNICEF, plans
concerted development of the region
Lambayeque and district.
Even in the same study
Cañariaco environmental impact
Copper is mentioned that "San
Juan de Canaris has tradition
and indigenous commoner ".
"We have fulfilled
with the legal framework "
Asked about the issue of
authorization to use land
community, Enrique Bernuy
Candente exploration manager
Copper, which operates the project
Cañariaco in Lambayeque,
said "expect
the State continue its work of
dialogue "and that for the time being
give more interviews.
Just said the
company has complied with the framework
legal. "We have fulfilled
all the regulations that the State
asks. So now we are
providing security, knowing
we have fulfilled the law. as
we must do is ask
the community. If they say no
four thousand peasants, because they
show their records, showing
where is the registration of new
commoners. Do the four thousand
are entered in the records?
Do not look for more conflict, "he concluded