Title: Conflicto minero entre comunidades y Las Bambas (Perú): consulta previa, titulación y conflictividad
Author/Institution: A. I. Cruz Cárdenas – Maestría, Universidad Autónoma del Perú
Publication Year: 2023
Structural Roots of a Prolonged Conflict
A. I. Cruz Cárdenas’ master’s thesis investigates one of Latin America’s most emblematic resource disputes: the ongoing social conflict surrounding the Las Bambas copper mine in Apurímac, Peru. Through a legal-sociological lens, the study examines how incomplete land titling, fragmented consultation processes, and inconsistent state mediation have eroded trust between local communities, the Peruvian government, and the mining company. Cruz Cárdenas traces how procedural omissions in the consulta previa (prior consultation) process fostered perceptions of exclusion and broken promises, ultimately transforming what began as negotiation into a persistent cycle of protest and road blockade.
Methodology and Analytical Approach
The research combines documentary review, stakeholder interviews, and field observation across the Cotabambas corridor to reconstruct the institutional chain of events from the mine’s approval through its operational phase. By cross-referencing official resolutions, environmental-impact assessments, and testimonies from community leaders, the thesis exposes how administrative ambiguity over land rights— particularly communal titles—became the core source of contention. Cruz Cárdenas shows that the absence of an integrated state policy on land titling and consultation mechanisms not only weakened local governance but also delegitimized corporate social-responsibility (CSR) initiatives that arrived too late to rebuild trust.
Policy Implications and Pathways for Resolution
The thesis concludes that the Las Bambas case exemplifies the need for institutional coherence in Peru’s mining governance. Genuine conflict prevention requires aligning environmental licensing, consultation, and land-registry systems under a single framework that guarantees transparency and community participation. Cruz Cárdenas argues that achieving a durable social license to operate (licencia social para operar) demands more than compensation agreements—it requires recognition of territorial rights, shared decision-making, and consistent dialogue channels. The findings contribute to regional debates on how states can balance extractive growth with social legitimacy in an era of heightened environmental awareness and community empowerment.