POPULAR CONSULTATION AND SOCIAL LICENSE
Jurisdiction | Derecho Internacional |
(April 2003)
POPULAR CONSULTATION AND SOCIAL LICENSE
Popular Consultation is not provided by the Peruvian legal framework as a valid legal mechanism for communities to regulate private investment in the country. Therefore, communities cannot express their ideas by means of Popular Consultation, to decide upon the possibility of accepting or rejecting private investment projects.
The economic development policy of the Peruvian Government is based upon free private initiative and free market, and is expressed, regulated and developed through the Regional and Central Governments, as promotion entities of private investment, for the benefit of the community and the common interest.
This doest not mean that the rights of the communities to participate in the investment projects which affect them are not respected, as no mining project shall be developed if it does not have Social License or the acceptance it implies on the hand of the communities directly affected by the project. Our company is aware that it shall have the social license to be able to develop and to run the mining project. Finally, these factors will permit a positive Social Balance to the affected communities.
Nevertheless, Social License and Popular Consultation are two completely different concepts.
Social License means the permanent acceptance of the mining Project by the affected community, and it occurs as a consequence of a gradual, dynamic and permanent process of communication and interaction between the company and the affected communities.
This citizen participation process allows the company to permanently inform the communities about the characteristics of the project; answer and gather its questions and initiatives; inform and implement joint alternative community development programs; as well as to create valid conflict solving mechanisms, is performed by means of implementing an adequate Citizen Participation mechanism which allows the company to
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acquire this Social License which is required for the development and operation of a mining project.
This initiative is regulated by the peruvian mining legal framework which requires that every mining company that intends to develop a mining Project, has to have a Citizen Participation Plan to regulate the way in which the company will interact with the communities where they develop their activities and that it is part of the Environmental Impact...
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- Mining Law & Investment in Latin America (FNREL)
- TABLE OF CONTENTS
- CHAPTER 1 CREATING A POSITIVE INTERNATIONAL MINING INVESTMENT CLIMATE1
- CHAPTER 2 REGALÍAS A LA MINERIA EN CHILE Y PERU
- CHAPTER 2 ROYALTY PAYMENTS ON MINING IN CHILE AND PERU (ENGLISH VERSION)
- CHAPTER 3 STRUCTURING OF MINING VENTURES IN LATIN AMERICA — PANEL DISCUSSION
- GENERAL COMMENTS ON THE USE OF "FORM 5" IN ARGENTINA (ENGLISH VERSION)
- CONSIDERACIONES SOBRE EL USO DEL "FORM 5" EN ARGENTINA
- ARBITRATION IN BRAZIL AND THE 1958 NEW YORK CONVENTION — RELEVANT ISSUES
- LA JUSTICIA ARBITRAL EN COLOMBIA: MECANISMO ALTERNO DE SOLUCIÓN DE CONFLICTOS
- THE ARBITRAL JUSTICE IN COLOMBIA: ALTERNATIVE DISPUTE RESOLUTION SYSTEM (ENGLISH VERSION)
- DISPUTE RESOLUTION ARBITRATION AND MEDIATION —CHILE— (ENGLISH VERSION)
- LA RESOLUCIÓN DE CONTROVERSIAS EL ARBITRAJE Y LA MEDIACIÓN —CHILE—
- Choosing the Proper Forum and Jurisdiction, and the Importance of Treaties and Enforcement of Arbitration Awards A U.S. Perspective … 5 Significant Developments in International ADR
- CHAPTER 5 THE CONCEPT OF FORUM NON CONVENIENS IN U.S. LAWSUITS
- EL PROBLEMA DE LA SEGURIDAD: CÓMO CONSEGUIR SEGURIDAD EN LAS OPERACIONES DE EXPLOTACIÓN DE RECURSOS SIN INCURRIR EN RESPONSABILIDADES INTERNACIONALES
- THE SECURITY CONUNDRUM: HOW TO MAKE YOUR RESOURCE OPERATIONS SECURE WITHOUT CREATING INTERNATIONAL LIABLITIES (ENGLISH VERSION)
- RESPONSABILIDAD POR DAÑO AMBIENTAL EN EL SECTOR MINERO1
- LIABILITY FOR ENVIRONMENTAL DAMAGE IN THE MINING SECTOR
- LIABILITIES ARISING FROM MINING ACTIVITIES IN LATIN AMERICA
- LIABILITIES ARISING FROM MINING ACTIVITIES IN LATIN AMERICA
- TAXATION OF THE MINING INDUSTRY IN CHILE: AN UPDATE
- REGIMEN FISCAL DE LA INDUSTRIA MINERA EN MEXICO
- TAXATION OF THE MINING INDUSTRY IN MEXICO (ENGLISH VERSION)
- MINING INVESTMENTS IN ARGENTINE
- PERSPECTIVES ON SUSTAINABLE DEVELOPMENT IN THE MINING INDUSTRY
- CHAPTER 9 Canadian Aboriginal Law: Creating Certainty In Resource Development
- PUBLIC PARTICIPATION IN NATURAL RESOURCES MANAGEMENT IN LATIN AMERICA: TO INCLUDE OR NOT TO INCLUDE
- THE ROLE OF PUBLIC PARTICIPATION IN NATURAL RESOURCES DECISIONS
- CONSULTA VECINAL Y LICENCIA SOCIAL
- POPULAR CONSULTATION AND SOCIAL LICENSE
- NEGOTIATION WITH LOCAL COMMUNITIES: HOW TO BUILD A LONG-TERM RELATIONSHIP
- MINERIA Y AGRICULTURE; ¿SON INCOMPATIBLES?
- CONFLICT BETWEEN OWNER AND CONCESSIONAIRES DUE TO PRAEDIAL OCCUPATION UNDER THE CHILEAN LEGAL SYSTEM (ENGLISH VERSION)
- CONFLICTO ENTRE PROPIETARIO Y CONCESIONARIOS POR OCUPACION PREDIAL BAJO EL REGIMEN JURÍDICO CHILENO
- SOLUCION DE CONFLICTOS ENTRE PROPIETARIOS SUPERFICIARIOS Y TITULARES MINEROS: EL CASO PERUANO
- RESOLUTION OF CONFLICTS BETWEEN SURFACE OWNERS AND MINING CONCESSIONAIRES; THE PERUVIAN CASE
- CHAPTER 13 Methods of Financing
- CHAPTER 14 FINANCING OF MINING PROJECT
- LA INDUSTRIA MINERA Y LOS MERCADOS DE CAPITALES DE RIESGO EN LATINOAMERICA: EL CASO CHILENO
- THE MINING INDUSTRY AND VENTURE CAPITAL MARKETS IN LATIN AMERICA: THE CHILEAN CASE (ENGLISH VERSION)
- LAWS, REGULATIONS AND PROCEDURES FOR LISTING EXPLORATION AND MINING COMPANIES ON CANADIAN STOCK EXCHANGES
- CHAPTER 16 FINANCIAL GUARANTEES
- POLITICAL RISK INSURANCE — MIGA's GUARANTEES PROGRAM (ENGLISH VERSION)
- POLITICAL RISK INSURANCE — ZURICH EMERGING MARKETS SOLUTION
- CHAPTER 18 USING LONG TERM INTERNATIONAL CONCENTRATE SALE AGREEMENTS IN MAJOR PROJECT FINANCING
- ISSUES OF ENVIRONMENTAL LAW IN THE DISPOSAL OF WASTE FROM TAILING DAMS AND OTHER MINING WASTES
- AN OVERVIEW OF MINE WASTE REGULATION IN THE UNITED STATES
- PROTECTION FOR FOREIGN INVESTORS IN LATIN AMERICA UNDER BILATERAL INVESTMENTS TREATIES
- EMERGENCY LAWS vs. RIGHTS GRANTED UNDER PRE-EXISTING LAWS: THE ARGENTINE CASE
- null PREVENTING AND MITIGATING A FINANCIAL CRISIS IN MÉXICO
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