Last update:
2021-10-31

Minister of Hudbay in the Constancia Project, Peru

The Hudbay company and the government promote 'green' mining for energy transition and electric cars. However, local villagers continue to live the patterns of dispossession, pollution, criminalization and lack of information.



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Description:

The mining unity followed by pampacancha are owned by the Minera company Hudbay Peru S.A.C., which exploits openly open copper, as well as molybdenum and silver, its area of ​​direct social social influence includes the originating peasant communities belonging to the Velille districts , Chamaca and Livitaca of the Province of Chumbivilcas in the department of Cusco.

The main components of the record is two tows, a disassembly deposit, a tank of NAG material, a process plant and a reservoir, the auxiliary components are the main deposit of organic soil, landfill, quarries, inadequate material deposits, Contact and non-contact channels, Poza of main sedimentation, power supply, water management system, control pools and other auxiliary facilities such as camps, offices, pollvorines, platforms, warehouses, between Others (Source: Hudbay Environmental Impact Study).

By process is the third modification From the detailed environmental impact study with which HUDBAY requests optimization of the mining plan of the Tajos, without altering the useful life of the mining unit, changes in the reservoir deposit (TMF), reconfiguration of the design of the disassembly deposit NAG and expansion of the mineral storage stack 3, expansion of the mineral storage stack 4. Optimization of the water management system according to the updated water balance, update of the solid waste management plan, realignment of internal roads and Hold.

The process for the EIA modification has a SENACE resolution that approved the plan of citizen participation (Directorial Resolution 00095-2020-Senace-PE / Dear) [1], the resolution points "... the mechanisms of Party Citizen Ipación adapt to the particular characteristics of each project, of the participating population and the environment where it is located, being able to use electronic, virtual or other media ... ". The mining company used a virtual mechanism in pandemic to initiate the process of participation of communities considered as a direct influence area of ​​mining. This has been rejected by its social representatives [2] However, the company maintained the involvement of collective rights such as transparency, participation, socialization of impacts and environmental affectations. Likewise, the Inter-American Commission on Human Rights in April 2020 issued Resolution 1/2020 "Pandemic and Human Rights in the Americas" in which states that States must "refrain from promoting legislative initiatives and / or progress in the implementation of Productive projects and / or extractives in the territories of indigenous peoples during the time the pandemic lasts. "

The mining company with virtualization does not guarantee the realization of citizen participation processes, monitoring, informative workshops on changes in the EIA, inclusion of communities in the zone of direct influence of the mine and social investment.

The year 2016 The Joint Court of Chumvivilcas gave the reason to the Family Huachaca Velazco because Hudbay made an illicit purchase of 1250 ha in terrain and the judge ordered the eviction for the day November 11 with the support of 150 police officers [3]. This situation makes it objectively see the repeated involvement of collective and individual rights over property and possession. The mining company buys land without due process, also purchases them because it is preferable to avoid the exercise of collective rights by highlighting prior consultation, consent, citizen participation, the right of benefits. It is logical, by depriving the territory to families the exercise of collective rights is avoided.

Impacts with the pandemic

According to Sunat's report, the Minera Hudbay company has at least 953 workers in a planner and 23 service providers. During the pandemic period due to the disease by Covid19 it has not stopped operating and the lack of transparency has triggered a series of pronouncements of the population, this because Hudbay publicly announced that it would work on its critical operations following the respective protocols, days After the Communities denounce the first case by Covid19 in the same mining unit, immediately the company by means of a communication, denies said complaint by saying that "currently there are no confirmed cases of COVID-19"; The statement days later was false because the Chumvivilcan health network reported that Hudbay had 18 positive cases for Covid19.

In a situation of pandemic, levels of transparency were missing in information and respect for the health authorities. It can not be assumed as a conduct "responsible dedication" when the truth is despised by hiding it.

Mobilized groups and motifs (possible or current projects impacts)

The constant response of the originating peasant communities and social organizations were first demanding, the Agreements is complied with, as well as the Framework Agreement with the District, second denounce environmental contamination and third require the implementation of the prior consultation process.

The environmental impacts and affectation are related to the Mining operation of Hudbay that has agreements and contracts of legal stability, being that the construction of the mine has generated differentiated economic impacts directly related to the increased cost of living, generates differentiated environmental impacts with greater intensity to the area of ​​direct and indi influence Straight, the Pollution of the Macaray River by the fields of industrial wastewater that has generated effects on health, livestock, biodiversity and customs, rises fragmentation and increase of multidimensional conflicts and socio-environmental conflicts [4].

Criminalization of rights

In the framework of rights criminalization such as social protest, freedom of opinion , of expression, freedom of assembly, freedom of association that constitute fundamental rights, however in a situation of partner environmental conflict the State through the Prosecutor's Office, the mining company and the Ministry of the Interior do as institutional practice to denounce the leaders , Despite not getting a single test, they are stigmatized and prevented from their individual development abruptly for years as a warrant. So we have:

Chamaca: The year 2016 after the protests against Hudbay as a result of the lack of compliance with Agreements of the Framework Agreement, as well as the lack of socialization of the Environmental Impact Study and other complaints of environmental pollution The defending leaders were repressed by the police and 6 men and 1 woman were criminalized, being denounced by several offenses before the prosecution. To date (2021) it is in the preliminary research stage.

Chamaca: In the year 2020 they denounce strong impacts on the environment and water sources of the Communities surrounding Hudbay's mining, there is alteration of the Andean ecosystem with losses such as Cerro Sayawaloma, dry Bofedales, pollution with dust and the pollution of the Macaray Chiloroya River by the dumping of the served or residual waters of the mining company [5] .

Livitaca: In the year 2021 as a result of the lack of state dialogue capacity to meet the demands of 15 communities of the district of Livitaca, the communities exercised their Right to protest against the Minera Hudbay company [6], as a result of mobilization by police intervention that repelled the protest left as a balance that he left 7 wounded comuneros caused by the impacts on the body with the use of pellets and tear [ 7]. Days after leaders and authorities were denounced. To date, the case is in preparatory research in the Provincial Prosecutor's Office of Chumbivilcas.

Velille: The 2021 in the Originarian Community Hatun Ccolllana and the Hudbay Peru company, With the participation of the Ministry of Energy and Mines, the path of access to the Mining Unit [8] was unlocked and unlocked. Also as a product of social protest, its leaders are criminalized or denounced, the case is in preliminary research.

Cusco: The year 2017 Jennifer Moore, Member of Miningwatch - Canada, and the American journalist and documentary John Dougherty were arrested by the Police for the projection of the documentary: mining conflicts "from Canada to the South Andean of Peru, the case of Hudbay Minerals" , in which content addresses the situation of contamination and environmental impacts generated by the mining of Hudbay. The detainees were threatened with the expulsion of the country, an illegal issue, with this, a campaign of criminalization and discredit against Moore and Dougherty [9] was initiated. Finally, in September 2019, thanks to Habeas Corpus presented by DD organizations. HH., The Lima CS Criminal Chamber dismisses the charges against them [10].

Police agreement: The mining company generates a series of nature involvement Environmental and Private Security To exert clash force, this is achieved thanks to the inter-institutional agreement with the police, in the case of South Andean Peruvian Cusco is a pattern around irregular payments that mining companies have made the police [11 ].

Hudbay energy transition speech

As the speech on global warming progresses The climate crisis, new horizons are raised from the capital, in this permanent desire to adapt to the new realities without losing an apex of its commercial and extractive strength. In this context, it is born and each day the energy transition becomes stronger as a new component capable of resolving CO2 emissions. According to the Copper Development Association based in Virginia, the United States, the copper will become an elementary mineral in this energy transition since, in the growing sector of electric cars, 85 pounds of copper will be needed for its comparative manufacturing between 18 and 45 pounds that conventional cars need [12].

Hudbay has fully incorporated the speech of the transition into its reports, presentations and social networks. The slogan in their social networks is "to produce copper to enhance the green energy of the future" [13]. Beyond seeing the energy transition as a need to fight against climate change, Hudbay analyzes the growing economies in the world who are beginning to adopt renewable and electrical energy solutions as opportunities to capitalize on copper production in their US mines and Peru.

In this sense, the Canadian mining company emphasizes that copper is an essential element for solar turbines, solar panels and electric cars. Likewise, it reaffirms the need for copper as an essential element for modern life given its extensive use in the manufacture of computers and electronic devices as cell phones. Underlining copper as an essential component for these activities, Hudbay assures its investors that the company is "ideally positioned to supply today's demand and tomorrow" [14].

On the other hand, the Peruvian Government, the Industrial Chamber of Mining and Osinerg, a supervising public body of energy and mining use the discourse of the energy transition in order to promote the extraction of metals and minerals in fragile ecosystems . According to Osinerg, "the price of copper is up, which encourages its production and Peru plays a fundamental role, because of its red metal production potential ... This involves energy transition, that is the message and this implies specifying the development of copper projects in the country "[15].

In the same way the government has gone beyond highlighting the role of the country in the manufacture of electric cars: "Lithium, as well as copper, are metals of the future because they are part of the demand for new products that will be manufactured worldwide, such as electric cars and the batteries "[16].

While Hudbay and the Government try to paint its mining activities and Hudbay as a result of recognizing the importance of fighting climate change and building more inclusive societies, the truth is that this corporate discourse is aimed at an audience in the global north and it is contrasted n Denunciations about lack of dialogue and transparency with workers and communities near their mine.

Basic Data
Name of conflict:Minister of Hudbay in the Constancia Project, Peru
Country:Peru
State or province:Chumbivilcas, Cusco
Location of conflict:Districts of Velille, Livitaca, Chamaca
Accuracy of locationMEDIUM (Regional level)
Source of Conflict
Type of conflict. 1st level:Mineral Ores and Building Materials Extraction
Type of conflict. 2nd level:Landfills, toxic waste treatment, uncontrolled dump sites
Mineral ore exploration
Tailings from mines
Pollution related to transport (spills, dust, emissions)
Specific commodities:Silver
Gold
Molybdenum
Copper
Project Details and Actors
Project details

With proven and probable reserves of 614,000,000 tons of copper and molybdenum mainly (gold and silver in less quantity) the minas of constancy and pampacancha have started at the end of 2014 its production to open pit in the districts of Livitaca and Chamaca (36 concessions). The main components of constancy are two chops, a disassembly deposit, a tank of NAG material, a process plant and a tailings deposit, the auxiliary components are: a main deposit of organic soil, a sanitary landfill, quarries, deposits of inadequate material, contact and non-contact channels, main sedimentation pool, power supply, water management system, control pools and other auxiliary facilities such as camps, offices, pollvorines, platforms, warehouses, among others (source: study of Hudbay environmental impact).

See more
Project area:22,516.
Level of Investment for the conflictive project1,320,032,359 [17]
Type of populationRural
Affected Population:8,000.
Start of the conflict:2014
Company names or state enterprises:HudBay Minerals Inc. (HBM) from Canada - 100% owner
Hudbay Peru SAC from Peru - filial
Relevant government actors:Regional Directorate of Energy and Mines Cusco,
Provincial Municipality of Chumbivilcas,
District Municipality of Velille,
District Municipality of Livitaca,
District Municipality of Chamaca,
Ministry of the Environment,
Evaluation Agency and Environmental Support OEFA,
National Service of Environmental Certification SENACE,
Ombudsman's Ombudsman.
Environmental justice organizations (and other supporters) and their websites, if available:Front De Defense of Velille,
Unique defense of the interests of Chumbivilcas,
Velille Barricas Gaskets.
Conflict & Mobilization
IntensityHIGH (widespread, mass mobilization, violence, arrests, etc...)
Reaction stageIn REACTION to the implementation (during construction or operation)
Groups mobilizing:Artisanal miners
Indigenous groups or traditional communities
Local ejos
Social movements
Forms of mobilization:Blockades
Involvement of national and international NGOs
Land occupation
Media based activism/alternative media
Objections to the EIA
Strikes
Occupation of buildings/public spaces
Arguments for the rights of mother nature
Impacts
Environmental ImpactsVisible: Air pollution, Biodiversity loss (wildlife, agro-diversity), Food insecurity (crop damage), Loss of landscape/aesthetic degradation, Noise pollution, Surface water pollution / Decreasing water (physico-chemical, biological) quality, Global warming, Soil contamination, Groundwater pollution or depletion
Potential: Desertification/Drought, Genetic contamination, Large-scale disturbance of hydro and geological systems, Reduced ecological / hydrological connectivity, Mine tailing spills
Health ImpactsPotential: Other environmental related diseases, Other Health impacts, Accidents, Malnutrition, Mental problems including stress, depression and suicide, Violence related health impacts (homicides, rape, etc..), Health problems related to alcoholism, prostitution, Occupational disease and accidents, Infectious diseases, Deaths
Socio-economical ImpactsVisible: Violations of human rights, Land dispossession, Displacement, Increase in violence and crime, Lack of work security, labour absenteeism, firings, unemployment, Loss of livelihood, Loss of traditional knowledge/practices/cultures, Militarization and increased police presence, Specific impacts on women, Loss of landscape/sense of place, Other socio-economic impacts
Potential: Social problems (alcoholism, prostitution, etc..), Increase in Corruption/Co-optation of different actors
Other socio-economic impacts Archaeological Remains
Outcome
Project StatusIn operation
Conflict outcome / response:Compensation
Criminalization of activists
Land demarcation
Court decision (victory for environmental justice)
Under negotiation
Do you consider this an environmental justice success? Was environmental justice served?:No
Briefly explain:Although the population is increasingly claiming their rights to monitor the activities of the mining as recognized by the General Law of the Environment, the achievements have been very limited, more struggles will be necessary to be heard.
Sources & Materials
Juridical relevant texts related to the conflict (laws, legislations, EIAs, etc)

Resumen ejecutivo del EIA del proyecto Constancia, Hudbay Minerals
[click to view]

References to published books, academic articles, movies or published documentaries

[17] Anuario Minero 2020
[click to view]

Canadian Mining in the Aftermath of Genocides in Guatemala (October 2021)
[click to view]

[1] Resolución Directoral N° 00095-2020- SENACE-PE/DEAR. Ver en el siguiente enlace:
[click to view]

[2] Empresa Minera Hudbay vulnera derechos de pueblos originarios de Chumbivilcas al virtualizar la participación ciudadana. Ver en el siguiente enlace:
[click to view]

[3] Mina en Cusco será desalojada por una familia de campesinos. Ver en el siguiente enlace:
[click to view]

[4] “Impactos mineros invisibilizados: Una mirada desde los actores sobre el Proyecto Constancia de Hudbay”. Disponible en:
[click to view]

[5] Comunero sostiene que actividad minera de Hudbay impacta sobre el territorio. Ver en el siguiente enlace:
[click to view]

[6] #ALERTA | Enfrentamiento entre pobladores y policía en el asentamiento minero de #Hudbay, #Livitaca – #Chumbivilcas, deja 7 heridos. Ver en el siguiente enlace:
[click to view]

[7] Pobladores de #Livitaca declaran al Ministerio Público que la #Policía golpeó a las mujeres y usó perdigones para reprimir a los/las manifestantes. Ver en el siguiente enlace:
[click to view]

[8] #Cusco: Hatun Ccollana da tregua a Hudbay tras conformarse comité técnico para atender demandas comunales. Ver en el siguiente enlace:
[click to view]

[9] #Cusco: Detención Arbitraria a periodista estadounidense y ciudadana canadiense por difusión de documental sobre minería. Ver en el siguiente enlace:
[click to view]

[10] “Evidente parcialidad” de la Policía hacia empresa minera, señala jueza en sentencia. Ver en el siguiente enlace:
[click to view]

[11] Convenio marco de colaboración interinstitucional entre la agencia de promoción de la inversión privada – Proinversion y el Ministerio del Interior con intervención de la policía nacional del Perú. Ver en el siguiente enlace:
[click to view]

[12] Battery metals: The world’s top 10 copper mining projects. Escrito por Frik Els. Publicado el 2 de diciembre de 2019 en jwn (geoLOGIC systems).
[click to view]

[13] Twitter de Hudbay Minerals.
[click to view]

[14] INVESTED, Informe anual de sostenibilidad, 2020. Hudbay.
[click to view]

[15] Edwin Quintanilla: El efecto de la minería de cobre en Perú para la imperiosa transición energética (Exclusivo). Escrito por Mónica Belling. Publicado el 12 de julio de 2021 en ProActivo.
[click to view]

[16] Minem: Perú suministrará litio y cobre a la industria de autos eléctricos. El Comercio. Publicado el 11 de agosto de 2018.
[click to view]

[17] Gobierno peruano. Anuario Minero 2020. Resporte estadístico.
[click to view]

Article on the Jan 2016 strike, it also refers to Hudbay's troubles in Guatemala
[click to view]

Lucha Indígena sobre el paro en enero 2016
[click to view]

Chumbivilcas: bloquean carretera por incumplimientos de empresa minera. Los pobladores de esta provincia cusqueña aseguran que la empresa HudBay no atendió sus demandas, sociales, ambientales y económicas. RPP noticias, 25 enero 2016.
[click to view]

IDL Reporteros sobre la sentencia de absolución de activista de Mining Watch Canadá
[click to view]

Related media links to videos, campaigns, social network

Miningwatch, Canada, report of January 2016
[click to view]

Communities stand united against Hudbay (2015)
[click to view]

Comuneros de Hatun Ccollana piden ser zona de influencia directa de mina Constancia de Hudbay Perú (2021)
[click to view]

Human Rights Organization Condemns Police Repression Against Peaceful Protesters at HudBay Mine in Peru. Marzo 2021
[click to view]

Continúa exigencia de derechos por parte de las comunidades a minera Hudbay por proyecto Constancia. Mayo 2020
[click to view]

COVID-19: Canadian Mining Company Endangers Workers and Communities in Peru
[click to view]

“What does Hudbay have to hide from Peruvians? MiningWatch Canada Staff Member, US Journalist Arbitrarily Detained in Peru over Documentary About Hudbay Minerals’ Operations” (2017)
[click to view]

A filmmaker and an activist visit Peru. You’ll never believe why they were arrested! (2017)
[click to view]

New Peruvian president to deal with dozens of mining-related conflicts. Junio 2021
[click to view]

Hudbay facing shareholder rebellion for “systematic” mismanagement (2018)
[click to view]

Peruvian Indigenous Communities from Chamaca District speak to Hudbay (2020)
[click to view]

Other comments:Hudbay is a notorious company in Guatemala for crimes in the Estora, Nickel Mining.
Meta information
Last update31/10/2021
Conflict ID:2289
Comments
Legal notice / Aviso legal
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