Measuring incommensurability: compensations in judicial processes of oil spills in Northern Peruvian Amazon

Abstract

The increasing number of claims filed by Indigenous peoples against pollution caused by extractive industries makes the challenge of factualizing and measuring the damage caused in their territories necessary. In Peru, the Kukama Kukamiria people are among the most affected by the various spills from the North Peruvian Pipeline since its construction, one of the most well-known occurred in the lower Marañón River in 2014. This paper is about the efforts and limitations involved in aligning the Kukama Kukamiria’s experiences with the criteria and frameworks for measuring damage and compensation amid the toxic environment and the complicated time and space of late capitalism. Based on ethnographic research and considering the judicial processes, the analysis found that compensation became a tool of dispute in which incommensurable Indigenous worlds emerged to claim for their incommensurability to exist. But in the Peruvian neoliberal and extractive context, compensation also became a technique for governing Indigenous lives and natures in a way that excludes those worlds.