3. Producción
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Item type:Publication, Limited state governance and institutional hybridization in alluvial ASM in Peru(Elsevier, 2021-08-01)In the Peruvian Amazon region, mining activities have contaminated land, riverbeds and shores, including in protected areas, causing serious social and environmental impacts. Against this backdrop the Peruvian state decided to implement a formalization plan to regulate small-scale mining and to eradicate mining activities in conservation areas. After years of protests, negotiations and military campaigns in the so-called war against illegal mining fought by the media and central state authorities, the formalization plan for small-scale gold mining in the Amazon has not fulfilled its stated objectives. This article explores the reasons behind the impacts of the formalization process on local governance and institutions. The author argues that the inability of the Peruvian state to effectively apply formalization regulations and laws is explained by limitations in regional governance and also the emergence of local powers which have contested state authority. In addition, the article asserts that state intervention has triggered processes of institutional hybridization which are transforming the rules for governing mining activities. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Property without law?: Why land titling and adverse possession do not solve the problem of informal property(University of Zaragoza, 2024-01-01)It is common to find «informal ownership» in Latin America in the context of illegal takings. Human settlements in Peru, favelas in Brazil, or camps in Chile, in all cases, a group of people builds land rights outside the law. Although this phenomenon has been analyzed many times from an economic perspective, mostly proposing the granting of property titles as a solution, the review of the Peruvian case shows its ineffectiveness. In 1982, 53.54 % of the houses in Peru had property titles; however, after almost forty years and multiple land titling laws, in 2017 this percentage dropped to 50.65 %. Moreover, between 2001 and 2018, 46 % of new housing was built upon informal property through illegal takings. The present investigation proposes another view from the legal perspective, investigating on the traditional civil institution of the adverse possession, and offering a refocus to the problem. - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Alluvial Gold Mining, Conflicts, and State Intervention in Peru's Southern Amazonia(Elsevier Ltd, 2023-03-01)Artisanal and small-scale mining is one of the most degrading activities in the southern Peruvian Amazonia and its uncontrolled expansion has sparked conflicts over its exploitation, the distribution of profits, and their impacts. To analyze how State actions and other factors have triggered its misgovernment, conflicts, and environmental degradation, we constructed a chronology of events related to territorial occupation, gold exploitation, conflict evolution, and state intervention. The overlapping rights that the government assigns to the territory is one of the most controversial actions. For this reason the spatial distribution of mining, forestry, conservation, and property rights was analyzed using QGIS software. As results, we identified places with up to four rights or uses assigned by government institutions and state interventions that compound informality and chaos in the area. We conclude that the main causes of conflicts and misrule stem from weak state, evidenced by deficient services provided, the concession of incompatible usage rights over a single territory, and the enactment of regulations for purposes other than the public good. Finally, mining formalization has not been successful, because formality does not offer major advantages to the miners, being costly and bureaucratic, while informality is not an inconvenience for miners.