Why Informal Mining Persists: Community Legitimacy and Governance Challenges in Peru

Title: Sustainability of Informal Artisanal Mining in the Peruvian Andean Region
Author/Institution: Felipe Rafael Valle Díaz et al. – Universidad Nacional José María Arguedas
Publication Year: 2023

Felipe Rafael Valle Díaz and colleagues’ 2023 study examines the persistence and sustainability of informal artisanal mining in Peru’s Andean highlands. Drawing upon crime prevention records, environmental conflicts data, and interviews documented by national guardianship institutions, this research outlines how artisanal and informal miners continue to flourish despite environmental degradation and scant formal oversight. The study highlights four interlinked drivers of this endurance:
community-issued social licenses via assembly agreements, regulatory flexibility toward formalization, rising socio-environmental conflict tied to mining expansion, and declining agricultural income pushing economic reliance toward mining activities.

A key contribution of the research is its identification of the social mechanisms underpinning staying power in informal mining communities. Community assemblies grant conditional legitimacy—or social license— for mining practices, even when environmental laws are ignored. The study finds that formalization requirements are often relaxed, enabling activity to continue informally. Meanwhile, growing conflicts are not only a consequence of environmental damage but also a reinforcing factor—mining becomes a de facto livelihood option when agriculture becomes less viable. These dynamics offer insight into how mining survival is embedded in local socio-economic strategies, not merely in regulatory gaps.

This research offers a powerful lens to interpret stakeholder tensions fueling informal mining conflicts in Peru today. It underscores that these disputes are not merely lawless but are rooted in socio-economic necessity and community legitimacy. For policymakers and companies aiming to strengthen their license to operate (LTO), the study suggests that effective formalization demands respect for communal institutions, adaptive compliance mechanisms, and alternatives to mining livelihoods. Without these
elements, outsider-driven enforcement may provoke resistance rather than collaboration, perpetuating cycles of conflict.