Leading an independent fact-finding mission in Peru
The Yanacocha Independent Fact-Finding Mission examined a conflict between Newmont Mining Corporation, a multinational gold mining company, and a local campesino family in the high Andes of northern Peru. At the root of the conflict was a dispute over a parcel of land called “Tragadero Grande,” located within the campesino community of Sorochuco. The Tragadero Grande land fell within the footprint of a planned multibillion-dollar mining project, where both the family and the company claimed distinct rights to the access and use of the parcel of land. The land dispute evolved into a multi-party conflict involving eviction attempts, corporate defense of possession, numerous legal cases and appeals, and allegations of human rights violations. Newmont Mining approached RESOLVE to undertake an independent fact-finding mission, given our experience with such missions and our long history as an independent, third-party convener on a range of complex environmental, social, and health challenges. Fact-finding involves affected parties, engaged stakeholders, experts, and decision makers in a number of key steps and is useful at the policy level and for site-based, community-level disputes. Fact-finding does not take the place of other processes but can be a useful complement.
A fact-finding mission is designed and implemented on a set of principles that include complete independence once the project is underway, transparency with regard to operations, and confidentiality when requested by stakeholders. Where human rights violations are alleged, particular priority is placed on ensuring affected parties are informed of the work of the mission and have the opportunity to provide information directly to the mission. In all stages of the mission, active transparency to engaged and interested stakeholders is maintained. The purpose of the Yanacocha Independent Fact-Finding Mission was to ascertain and establish factual information relevant to the dispute and place it in the context of Newmont’s adherence with the Voluntary Principles on Security and Human Rights. The Mission was not intended to reach a conclusion about the validity of the possessory rights or to deliver legal determinations about potential rights violations, as these determinations can only be made by courts or through negotiated agreements.
"…we intend to use their report to evaluate and improve our practices and, if possible, as a foundation for achieving a responsible solution that is consistent with our values, standards and international commitments." - Dr. Elaine Dorward-King, Executive Vice President for Sustainability and External Relations
RESOLVE's President, Stephen D’Esposito, appointed Tim Martin, former Ambassador of Canada and RESOLVE Senior Advisor, as Mission Director. Tim had full independence to form a team and conduct the fact-finding mission. He brought on board Myriam Méndez-Montalvo, an international advisor on democratic governance and human rights, and Miguel Cervantes Rodriguez, an expert on community relations, stakeholder engagement, and social sustainability for the extractive industries sector. He also subsequently appointed Dr. Deanna Kemp, Associate Professor at The University of Queensland’s Centre for Social Responsibility in Mining, as contributing author to the team’s report. An independent advisory group, which was composed of a balanced set of individuals of recognized integrity, was also appointed to review all key aspects of the Mission and its report. The financing of the Mission was not conditional on specific activities or outcomes.
In September 2016, the Yanacocha Independent Fact-Finding Mission published its comprehensive report on the complex conflict between Newmont Mining Corporation and the local campesino family. In the report, the team identified new information and included findings such as potential overemphasis on litigation. The fact-finding mission also concluded that while Newmont had generally adhered to the Voluntary Principles, there were specific gaps in this case. Finally, the fact-finding mission found no evidence of human rights abuse.
September 28, 2016
Stephen D'Esposito
President and CEO, RESOLVE
At RESOLVE, we’re here to tackle the toughest global challenges. The ones nobody else wants to touch. Where people are in conflict and planet problems are stuck. We’re here to unstick them. It’s not easy. It takes grit and ingenuity. And finding and working with the right partners. But we’re not called RESOLVE for nothing.
