RESOLVE

Fact Sheet

Fact Sheet | Hoja Informativa

What Are the Human Rights Concerns at Issue?

International non-governmental organizations (NGOs) have reported that the human rights of Ms. Maxima Acuña de Chaupe in Peru are at risk because of a land dispute between her and Minera Yanacocha S.R.L, of which Newmont Mining holds a 51% interest. NGOs have expressed concern that the risks to Ms. Acuña de Chaupe’s rights are connected to the behavior of the mining company. Linked to this, questions have been raised about Newmont’s adherence to international human rights standards. In particular, it has been alleged that Yanacocha’s relationship with Peruvian security forces was inconsistent with the Voluntary Principles on Security and Human Rights, which led to threats, intimidation, and possible eviction of Ms. Acuña de Chaupe from her house. The commitment of Newmont to its stated human rights principles has been questioned.

What Is the Purpose of the Fact-Finding Mission?

RESOLVE, an independent nonprofit organization dedicated to multi-stakeholder consensus building, will conduct an independent fact-finding mission to be undertaken by a multi-stakeholder team composed of members with integrity and credibility. The Yanacocha Independent Fact-Finding Mission (YIFFM) will seek to establish an understanding of the situation and provide an independent examination of Newmont’s adherence with the Voluntary Principles on Security and Human Rights in the situation concerning Ms. Acuña de Chaupe.

In particular, the Mission will seek to provide answers to the following key questions: 

  1. What was the process of land acquisition by Minera Yanacocha, and was the process of land acquisition appropriate, reasonable and in conformance with applicable international standards?
  2. What are the facts relevant to complaints that human rights have been violated and do NGOs and Newmont have access to all of the relevant information in this case?
  3. Has Minera Yanacocha’s conduct conformed to the Voluntary Principles on Security and Human Rights?
  4. Are there areas where Minera Yanacocha deviated from Newmont policy requirements and international standards?

Who Conducted the Fact-Finding Mission?

In preliminary consultations on the planning and conduct of the Yanacocha Independent Fact Finding Mission, stakeholders and experts were asked to suggest candidate team members. Team leader Tim Martin identified the best suited candidates, reviewed the requirements of the work in the context of their qualifications, consulted further and made a final selection. 

The mission team is composed of:

Tim Martin, Team Leader
Myriam Mendez-Montalvo, Team Member
Miguel Cervantes Rodríguez, Team Member
Dana Goodson, Policy Advisor

How Is the Mission Funded?

The principles of independence and transparency are essential to the mission, and RESOLVE has experience in organizing many similar processes adhering to these principles. Newmont is providing funding for the YIFFM, which were transferred to RESOLVE at mission start-up. Once transferred, the funds are under the sole authority and direction of RESOLVE. Mr. Martin will have full discretion and independence to conduct the fact-finding work as he sees fit, which includes no interference from Newmont/Yanacocha and their full cooperation on requests for information and access to people. All financial records relevant to the project will be shared with the multi-stakeholder advisory group to ensure transparency.

Mission team members will be compensated for their time and their direct costs (travel, accommodation, and meals) will be covered.

What are the Legal Implications of the Mission?

The mission is not a judicial investigation. Information collected will not meet evidentiary standards. It is not intended to have an impact on court cases.

How Will the YIFFM Conduct Its Work?

RESOLVE reviewed background documents, including those from affected parties, NGO stakeholders, Newmont, and Yanacocha. Mr. Martin, together with team members, developed a detailed program of work, which was reviewed by advisory group. The program of work involved field interviews with affected parties, company officials, and government officials. On the basis of the document review and field work, Mr. Martin prepared a draft report composed of consensus observations and recommendations from the team. The advisory group reviewed and commented on the draft, which is currently being prepared for publication.

What Is the Timeline for the Mission?

The planned schedule of work for the mission is as follows:

  • Phase 1 – Mission Preparation: May – August 2015. Document review; selection of the mission team and advisory group; preparation and consultation of terms of reference and program of work; review of background information; preliminary telephone consultations; scheduling of meetings.
  • Phase 2 – Conduct of Fact-Finding Mission in Peru: September 2015. Site visits and interviews.
  • Phase 3 – Report Preparation and Consultation:  September 2015 – September 2016. Report drafting, consultation with the advisory group, and finalization and distribution of the report. While initially envisioned to finish in December 2015, the Mission has been extended; after the initial trip to Peru, the team identified some key areas for follow-up and clarification and conducted additional work in March 2016.  The information was incorporated in the Mission draft report which was then consulted with Yanacocha and the Chaupe family through their attorney. 
  • YIFFM Status Update (June 2016): Consultations have been conducted with the directly concerned parties on the draft Mission report. The report is currently being finalized for publication. 

How and When Will Results Be Communicated?

RESOLVE will publish the report on its website and issue a press release announcing the report’s public availability. In addition to the public release, RESOLVE will convey the findings to Newmont, Yanacocha, and Ms. Máxima Acuña de Chaupe. 

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