Peru Moves Toward New Artisanal Mining Law with Focus on Rights, Formalization, and SocialLegitimacy

The Executive’s Technical Working Group on Artisanal and Small-Scale Mining (ASM) has taken steps toward drafting a new legal framework aimed at formalizing thousands of informal miners across Peru. During its third session, government officials, members of Congress, and representatives from the mining sector agreed to develop the foundational elements for a new Artisanal Mining Law. This draft legislation, once finalized, will be submitted to the Congressional Committee on Energy and Mines, with the aim of reinforcing the formalization process while safeguarding the labor and social rights of ASM workers.

Concerns over alleged human rights violations during recent interdiction operations against illegal mining were also addressed. As an immediate corrective measure, the group agreed to include a representative from the Ombudsman’s Office in these field operations for at least one week, ensuring legal compliance and the protection of fundamental rights. The working group also outlined three priority areas: supporting the formalization process for over 30,000 miners currently in transition, implementing a labor and social rights protection plan (presented by the Vice Minister of Labor), and building consensus around a legislative proposal for the new ASM law. Energy and Mines Minister Jorge Montero called on all stakeholders to submit their inputs to consolidate a unified draft.

This initiative signals an important shift in how the Peruvian government addresses artisanal and small- scale mining—not solely through enforcement, but through a participatory, rights-based approach. By combining formalization support, legal reform, and human rights oversight, the state demonstrates a willingness to work collaboratively with miners and affected communities. This is essential for building social license to operate at both the national and local levels. When mining laws reflect the needs of workers and communities—and are applied transparently and fairly—public trust grows, enabling more sustainable and socially legitimate mining practices in historically informal sectors.