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Friday, September 18, 2015
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Nature of the Case

Constitutional remedy filed against a lower court decision of March 21, 2013 (resolución de fojas 394, Sala Especializada Civil de la Corte Superior de Justicia de Cajamarca), which dismissed a complaint by a citizen of Cajamarca against the Ministry of Energy and Mines, and Minera Yanacocha S.R.L., requesting the protection of the fundamental right to live in an adequate and balanced environment. Alleged violation to the latter right by Yanacocha´s Conga mining project and the Ministry’s decision that approved the project´s Environmental Impact Assessment (EIA).

Enforcement of the Decision and Outcomes

As of September 2015 the case file had been sent to the trial court in Cajamarca where it is expected procedures will resume.

Significance of the Case

With this ruling the highest tribunal in Peru states its independence and impartiality by affirming the importance of the right to a live in a healthy environment, as well as the right to due process in assessing whether this right has been violated. This is a courageous decision by the Peruvian Constitutional Tribunal in a highly contested and politicized case which led not only to extensive marches and protests (which were eventually repressed with violence and which resulted in deaths), but also to the resignation of high profile government officials. With this ruling the Peruvian Constitutional Tribunal aligns itself with the most progressive courts in Latin America which have upheld the constitutional right to live in a healthy environment.

Ruling
  • Date of Ruling
    • Friday, September 18, 2015
  • Forum
    • Constitutional Tribunal of Peru
  • Forum Type
    • domestic
  • Countries