Cajamarca can not hold a referendum on Conga Eduardo Vega, Ombudsman (e), explained that the body responsible for public participation processes for mining projects is the MEM.
Ombudsman: Cajamarca referendum can not project Conga
Ombudsman (e), Eduardo Vega, said Thursday that the Regional Government of Cajamarca can not hold a referendum on the Conga mining project, and ruled out a possible participation of the autonomous entity in a query of this nature.
Through a trade, sent to regional president of Cajamarca, Gregorio Santos, said the body responsible for public participation processes on mining projects of medium and large mining (as in the case of Conga) is the Ministry of Energy and Mines.
"In that sense, neither the municipalities nor the regional governments are responsible for mining projects like Conga", detailed in written communication sent to Santos.
Vega Luna did this accurately, after learning that anti-mining would conduct a referendum against the Conga project and, according to the environmental leader of Cajamarca, Wilfredo Saavedra, the process would be supported by the regional government and the intervention of the Ombudsman.
"If carried forward the proposal of Mr. Saavedra, this would be illegal," said the defender, while underlining that the Ombudsman is not for participation in processes of "neighborhood consultations", which are not the responsibility of state bodies competent to do so.
He also indicated that the mechanisms for citizen participation in mining projects are different from those governing the referendum or popular consultation, where citizens participate in a voter identified in the exercise of their right to political participation.
In the latter case, the competent authorities are the National Office of Electoral Processes (ONPE) and the National Jury of Elections (JNE), as reported by the Election Law and the Law of Citizen Participation, said.
However, he said, it must be remembered that the Elections Act does not set the referendum as a mechanism for decision-making on mining projects, he said.
"This is because the referendum mechanism, which is exercised through voting, does not guarantee a dialogue between the state and the institutions representing the population of the area of ??influence of a project," said Vega in that office.
The referendum, he said, does not guarantee a process of reflection and discussion on the potential impacts of mining and, above all, not to enrich with additional proposals that decisions taken on the subject of public administration institutions.
"These characteristics are essential," he noted.
He added that, in a referendum, individual and secret voting does not require providing any kind of justification on preferences and prevents assumed technical and objectively analyze the positive and negative impacts of an investment project.
On the other hand, considered the Conga mining project had a stage of citizen participation in the various stakeholders should participate and express their proposals within the legal deadline.
ANDINA
https://www.rpp.com.pe/2013-02-07-defensoria-cajamarca-no-puede-hacer-referendum-sobre-proyecto-conga-noticia_565227.html