Provincia de Cajamarca Peru
Marco Antonio Arana Zegarra filed a writ of amparo against Directoral Resolution 351-2010-MEM/AAM, dated October 27, 2010, issued by the Directorate of Environmental Affairs of the Ministry of Energy and Mines, which approves the Environmental Impact Study (EIA) of the Conga Project presented by Minera Yanacocha SRL
In the lawsuit filed with the Civil Court of Cajamarca, the plaintiff requested the suspension of the Conga mining project through the suspension of its operating concession and the non-application of Ministerial Resolution 351-2010-MEM/AA, arguing the threats it posed to the right to life and a balanced environment, as well as irregularities during the approval of the project's Environmental Impact Assessment (EIA). This legal action was dismissed because administrative remedies had not been exhausted and there was no clear and imminent threat, since the project was already suspended due to protests by local residents.
The resolution was appealed to the Specialized Civil Chamber of the Superior Court of Justice of Cajamarca, which confirmed the decision of the Civil Court of Cajamarca.
In light of the above, the plaintiff filed a Constitutional Appeal before the Constitutional Court against the decision that rejected the request for suspension, alleging the impacts of the project, the insufficiency of mitigation measures and the irreversible damage to fragile ecosystems.
The Constitutional Court accepted the Appeal, considering that the previous judicial instances did not conform to the final justice, nor to an observance of the constitutional jurisprudence in environmental matters.
The court ordered the Cajamarca judicial branch to accept the lawsuit filed against the project. Currently, the evidence presented is being evaluated to determine whether the project will be deemed viable.
In compliance with the Constitutional Court's ruling, the Second Civil Court issued Resolution No. 60, requesting the competent court to assume jurisdiction over the case, under penalty of sanction. On October 16, 2015, the First Specialized Civil Court of Cajamarca admitted the lawsuit.
The Cajamarca Judicial Branch upheld the injunction filed against the Ministry of Energy and Mines and the Yanacocha SRL company, emphasizing that the ruling was based on the threat the project poses to the constitutional right of Cajamarca residents to live in a healthy and balanced environment, as recognized in Article 2.22 of the Political Constitution of Peru. The ruling orders the company to cease any actions that violate environmental rights and also nullifies the Environmental Impact Assessment approved in 2010.
The plaintiff warns of the impact on wetlands, vulnerable and fragile ecosystems in the face of climate change, pointing to the minimal value assigned to them within the Environmental Impact Assessment (EIA). The lawsuit also highlights the obligations assumed by the State in environmental matters and the duty to protect wetlands according to the Ramsar Convention, ratified by the Peruvian State, which recognizes them as ecosystems vulnerable to climate change and extensive pressures generated by humans.
In relation to the above, they point out that the authorities must adopt protection measures for “fragile ecosystems”, taking into account their characteristics and special climatic conditions.
The Constitutional Court's ruling that accepted the appeal mentions the right of future generations to a healthy environment and the importance of verifying environmental damage according to the international expert report ordered by the government, which, in the plaintiff's opinion, will be significant and irreversible in the fragile ecosystems of Cajamarca.
Marco Antonio Arana Zegarra
Peruvian State, Ministry of Energy and Mines, and Yanacocha Mining Company, SRL
The Conga project consists of an open-pit gold, silver, and copper mine in an area of immense natural value. It is a humid zone, covered with wetlands and lagoons, located at the headwaters of five important watersheds. The project anticipates the loss of natural lagoons; the disruption of more than 600 springs; the alteration of several ecosystems, including peat bogs; and negative impacts on the population in the surrounding area.
Standards
- Stockholm Declaration of 1972
- United Nations Conference on Environment and Development
- International Covenant on Economic, Social and Cultural Rights
- Convention on the Prohibition of the Use of Environmental Modification Techniques for Military Purposes
- Geneva Convention.
- Political Constitution
Beginning
- Caution
- Intergenerational Equity
- Solidarity
- Stake
- Children's interest.
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