Extending legal security in the Peruvian mining sector: The formalization of informal miners

Abstract

Informal mining in Latin America plays a significant role in terms of employment and in the production of key minerals, notably gold. However, its relationship with other types of mining is problematic, and its environmental footprint is negative. In many countries, the dividing line between what is “informal” and what is “illegal” mining is a grey area. However, attempts are being made in Peru, a country where more than a million people depend directly or indirectly on artisanal and small-scale mining (ASM), to formalize and provide legal security to informal miners. This chapter seeks to examine this process and to identify some of the key obstacles to the provision of legal certainty in ways that uphold the rights and obligations of different interests in the mining sector. It highlights reasons behind the development of new policies and both the challenges and dilemmas facing policymakers.