{"id":27197,"date":"2026-07-28T12:53:11","date_gmt":"2026-07-28T10:53:11","guid":{"rendered":"https:\/\/fibgar.es\/?p=27197"},"modified":"2026-07-28T12:53:14","modified_gmt":"2026-07-28T10:53:14","slug":"the-peruvian-amazon-from-the-green-lung-to-illegal-gold-social-and-environmental-conflicts-between-unenforced-laws-and-forgotten-indigenous-peoples","status":"publish","type":"post","link":"https:\/\/fibgar.es\/en\/the-peruvian-amazon-from-the-green-lung-to-illegal-gold-social-and-environmental-conflicts-between-unenforced-laws-and-forgotten-indigenous-peoples\/","title":{"rendered":"The Peruvian Amazon: from the \u2018green lung\u2019 to illegal gold, social and environmental conflicts: between unenforced laws and forgotten indigenous peoples\u00a0"},"content":{"rendered":"\n
\n

Introduction<\/strong><\/p>\n\n\n\n

Historically, the cultural diversity of countries has, on numerous occasions, been characterised by practices of racism and exclusion towards indigenous peoples. This situation is reflected in the limited exercise of their rights and duties, as well as the insufficient incorporation of their basic needs into public policies; this creates gaps in maintaining a healthy and balanced environment, as well as in access to high-quality intercultural bilingual education, culturally appropriate health services, basic infrastructure\u2014including electrification, access to clean water and sanitation systems; among other fundamental aspects.<\/p>\n\n\n\n

Although these peoples constitute one of the most vulnerable groups and require priority attention from governments, the measures adopted do not always succeed in guaranteeing spaces of equality and respect for their rights. In this context, it is necessary to identify and analyse the main challenges and inequalities they face, as well as to review international standards aimed at protecting their fundamental rights; however, the implementation of these standards by States is often slow, of limited effectiveness, and there is even evidence of a lack of sustained commitment.<\/p>\n\n\n\n

Among the main causes of this situation are budgetary constraints, the limited availability of logistical resources, and the insufficient integration of an intercultural approach into public administration. Furthermore, in countries such as Peru, characterised by its cultural richness and diversity of indigenous peoples, the political instability of its leaders not only undermines the rule of law but also leads to a constant turnover of authorities and officials. This affects the continuity of policies and the fulfilment of commitments and obligations undertaken by previous administrations in favour of indigenous peoples, hindering the consolidation of sustainable progress in guaranteeing their rights.<\/p>\n\n\n\n

For this reason, ILO Convention No. 169, adopted in 1989, is of vital importance, as it constitutes the principal binding international instrument for the recognition and protection of the rights of indigenous and tribal peoples, emphasising their autonomy, the protection of their lands, and, crucially, the right to prior consultation regarding decisions that may affect them.<\/p>\n\n\n\n

Subsequently, following a protracted negotiation process driven primarily by indigenous peoples, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted in 2007 by the United Nations General Assembly, with the aim of guaranteeing full equality and rights for indigenous peoples. <\/p>\n\n\n\n

Scope of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)<\/strong><\/p>\n\n\n\n

The UNDRIP primarily emphasises collective rights such as self-determination, self-governance, participation in development and the administration of justice in accordance with their ancestral customs, as well as rights to lands and natural resources, cultural rights such as indigenous languages, and traditional knowledge; It also emphasises free, prior and informed consent and consultation as mechanisms for participation; in other words, it seeks the ongoing inclusion of indigenous peoples.<\/p>\n\n\n\n

In this regard, it is specified that the UNDRIP is not legally binding in the same way as an international treaty; however, it is necessary for States, within the framework of their existing commitments, to implement it in their public policies and good governance plans.<\/p>\n\n\n\n

Furthermore, the UNDRIP recognises the collective rights of indigenous peoples, with a view to guaranteeing the continuity of their existence, as well as their development and well-being; it highlights the right to property, which is consistent with the principle of non-discrimination and the right to culture. In this regard, the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have confirmed, in various cases, that indigenous peoples hold collective property rights over their lands and natural resources. Furthermore, in the case of Mayagana (Sumo) Awas Tingni v. Nicaragua, the Court noted that, \u2018among indigenous peoples there is a communal tradition of collective ownership of land; this is centred not on an individual, but on the group and its community\u2019 (United Nations Human Rights, 2013).<\/p>\n\n\n\n

Key regional challenges facing indigenous or native peoples<\/strong><\/p>\n\n\n\n

At present, most indigenous peoples continue to face serious difficulties in fully exercising their human rights, both individual and collective. This situation is a source of deep concern for the community authorities who represent them; in their capacity as spokespersons for the population, they are making an urgent appeal to States to address their priority needs and to guarantee respect for their fundamental rights.<\/p>\n\n\n\n

The participation of indigenous peoples in decision-making helps to achieve better outcomes in projects and programmes. The effectiveness of government programmes, including those specifically designed to benefit indigenous peoples, can be undermined from the outset if this principle is not respected, as the absence of adequate consultation can lead to situations of social conflict, in which indigenous peoples express their anger and mistrust, and which, in certain cases, have resulted in acts of violence (United Nations, 2009).<\/p>\n\n\n\n

Illegal mining<\/strong><\/p>\n\n\n\n

It is important to highlight a problem that, regrettably, is on the rise in some Amazonian countries in Latin America, such as Peru, Brazil and Colombia, namely illegal mining.<\/p>\n\n\n\n

Gold mining, particularly in its illegal form and through the indiscriminate use of mercury, is causing profound and systemic damage to these territories. The contamination of rivers, fish and soil leads to mass poisoning, chronic illnesses, neurological damage in children, congenital malformations and silent death.<\/p>\n\n\n\n

In 2025, in Peru, the Amazonian Centre for Scientific Innovation (CINCIA), in collaboration with the Frankfurt Zoological Society Peru, identified alarming levels of mercury in the hair of people from seven indigenous communities in the district of Alto Nanay, Maynas province, in the Loreto region; with levels of up to 27.3 mg\/kg \u2013 twelve times higher than the limit recommended by the WHO (2.2 mg\/kg). Children aged 0 to 4 recorded levels of between 6.3 and 20.7 mg\/kg, whilst women of reproductive age reached levels of up to 20.19 mg\/kg \u2013 critical levels that put the neurological development of foetuses at risk. Almost 80 per cent of those tested faced a medium or high risk associated with the consumption of contaminated fish (CINCIA, 2025).<\/p>\n\n\n\n

This level of exposure is also found in Amazonian communities in Colombia and Brazil, posing a serious threat to public health, food security and the very continuity of life.<\/p>\n\n\n\n

Furthermore, illegal mining and the use of mercury destroy social and cultural fabrics; they ravage sacred sites, lead to sexual violence, recruit young people into criminal networks, and fuel threats, murders, forced displacement and the criminalisation of community leaders; consequently, these activities fragment the territory, undermine local economies and violate the human and collective rights of indigenous peoples.  From the worldview of indigenous peoples, gold is an element of spiritual power that must not be torn from the earth without respect, because its exploitation upsets the natural order and disrupts the harmonious relationship with all beings in the territory.<\/p>\n\n\n\n

In July 2025, I took part in the \u2018First Exchange of Amazonian Indigenous Peoples on Illegal Gold Mining and Mercury Pollution in their Territories\u2019, held in the Amacayacu National Natural Park, in Leticia, Colombia, organised by the Foundation for Conservation and Sustainable Development (FCDS). The event was attended by community leaders and members of indigenous peoples from Peru, Colombia and Brazil, as well as representatives from the National Service for State-Protected Natural Areas (Sernanp) and the Ombudsman\u2019s Offices of Peru and Colombia, amongst other stakeholders. This forum provided an opportunity to hear from the indigenous peoples of the tri-border region, who identified the various problems caused by illegal mining and issued a joint statement calling on the States to adopt urgent measures. (FCDS, 2025).<\/p>\n\n\n\n

In light of this Amazonian crisis, the statement issued to the governments called on them to guarantee comprehensive physical and mental healthcare programmes for families, prioritising children, young people and women, including screening, toxicological tests and specialist medical care; and to consider establishing an Amazonian community health monitoring network to address mercury exposure, coordinated with national and international health systems, ensuring timely information for decision-making. Furthermore, the States were required to protect food security by strengthening traditional food systems, given the risk of contamination of fish, which constitutes the main source of food for local communities.<\/p>\n\n\n\n

Similarly, with regard to the defence of indigenous territory and living culture, it was concluded that States must ensure the demarcation, collective titling and legal security of their ancestral territories; protect the lives and integrity of defenders and community leaders through effective protection mechanisms and access to justice; furthermore, they must protect indigenous peoples in isolation and in initial contact, as well as cross-border communities, from the growing threats posed by gold mining.<\/p>\n\n\n\n

With regard to the defence of governance and community-based monitoring, it was considered essential to strengthen cross-border cooperation between States to curb the illegal trade in gold and mercury and associated crimes; it was therefore agreed that national and international standards must be applied from the cultural perspective of indigenous peoples, ensuring full respect for their rights; furthermore, that States must effectively comply with treaties and judicial decisions recognising the Amazon and other natural elements as subjects of rights; this must be accompanied by the allocation of sufficient budgets for these actions, and by guaranteeing participation in their management and monitoring.<\/p>\n\n\n\n

Social and environmental conflicts <\/strong><\/p>\n\n\n\n

In Peru, the murder of the indigenous leader Quinto Inuma highlighted the risks currently faced by environmental defenders in the Amazon; he was ambushed and killed for denouncing illegal activities such as land encroachment, land trafficking, drug trafficking and illegal logging (Arellano, 2024). <\/p>\n\n\n\n

As discussed above, the Amazon is a disputed territory where indigenous peoples are resisting extractivism that threatens their environment and culture. Although they are now recognised as subjects of international law, research such as \u2018The Oil Debts\u2019 highlights the vast gap between the law and reality; consequently, in Ecuador, Colombia, Bolivia and Peru, more than 8,000 contaminated sites have been identified that remain unremediated after 50 years of oil exploitation. This situation, in which soils and wetlands have been affected by crude oil, represents an outstanding debt in terms of redress for historical injustices, undermining the peoples\u2019 fundamental right to determine their own development strategies (Arellano, 2024).<\/p>\n\n\n\n

With regard to social conflicts, particularly in areas inhabited by indigenous peoples, it is essential that states intervene in a timely manner to prevent situations that may threaten or violate fundamental rights, as well as undermine local, regional or national governance, and to pave the way for dialogue processes that contribute to their resolution.<\/p>\n\n\n\n

In Peru, the department of Loreto has recorded the highest number of social conflicts since 2020. As of May 2026, there were 24 such cases, the majority of which were environmental in nature and linked to oil extraction; these involve indigenous peoples demanding environmental remediation and compliance with agreements signed between the State and indigenous organisations regarding prior consultation, infrastructure and logistical facilities, and human resources in health centres and educational institutions with an intercultural focus, as well as the titling of their communal territories, access to telecommunications, and the development of productive projects in agriculture and fisheries, amongst others (Ombudsman\u2019s Office, 2026). <\/p>\n\n\n\n

Consequently, social and environmental conflicts are exacerbated by the frustration and mistrust felt by the indigenous population and their leaders, owing to the repeated failure to honour agreements reached in dialogue with the State. The State must carry out its interventions following a prior analysis of each demand, through its multidisciplinary working group, with an intercultural approach taking precedence.<\/p>\n\n\n\n

Shortages and inadequate public services <\/strong><\/p>\n\n\n\n

The right to water and sanitation requires States to develop effective public policies; this is because a lack of access to these services prevents basic needs from being met and increases the risk of disease. Indigenous peoples, in particular, are highly vulnerable due to poor environmental and social conditions; this is caused by the impacts of illegal mining and extractive activities, which result in oil spills contaminating the water sources used by local communities, compounded by the State\u2019s limited presence.<\/p>\n\n\n\n

In 2020, following the outbreak of the COVID-19 pandemic, the World Health Organisation recommended hygiene and prevention measures to tackle the disease; however, in most Latin American countries, the grim reality of a lack of drinking water, sanitation and overcrowded housing conditions became apparent; furthermore, it highlighted social inequalities and the need for governments to strengthen their public policies and sustainable development goals to address these gaps. <\/p>\n\n\n\n

In that same year, Peru\u2019s National Institute of Statistics and Informatics (INEI) reported that 9.2 per cent of the population did not have access to water via the public network, and 25.2 per cent lacked sewerage services. This situation is most acute in the Amazonian region of Loreto, where 43.7 per cent of the population did not have access to water via the public network, and 25.1 per cent lacked sewerage services. These gaps in water and sanitation provision in the Loreto region are exacerbated by various environmental and social challenges that disproportionately affect rural populations, such as indigenous communities (Ombudsman\u2019s Office, 2023). <\/p>\n\n\n\n

Conclusions<\/strong><\/p>\n\n\n\n

Despite the existence of an international regulatory framework, there remains a worrying disconnect between this framework and reality on the part of States, with public administration that is slow to act and lacking in commitment, thereby increasing the vulnerability of indigenous peoples.<\/p>\n\n\n\n

Environmental issues such as illegal mining and the use of mercury pose a threat to indigenous peoples due to the irreversible damage they cause to health. Indigenous populations suffer from structural exclusion that limits their access to basic services; this problem is exacerbated by political instability and a lack of continuity in public policies, hindering the effective fulfilment of their fundamental rights. The absence of prior consultation processes not only undermines their self-determination but is also a direct cause of social conflict and mistrust towards the State.<\/p>\n\n\n\n

States must ensure the application of an intercultural approach in public administration; in other words, they must strengthen indigenous governance, protect environmental defenders, and ensure that state interventions respect the worldviews and development strategies specific to each community. <\/p>\n\n\n\n

By Milagros Costa Sinacay, <\/strong>a Peruvian lawyer with extensive experience in the defence of fundamental rights, specialising in the protection of vulnerable groups and the oversight of public administration. She is a specialist in interculturality, indigenous peoples, the environment, community relations, governance and the resolution of socio-environmental conflicts, and is currently studying for a Master\u2019s degree in Governance and Human Rights at the Autonomous University of Madrid.<\/em><\/p>\n\n\n\n

This article was selected as part of the Call for Papers by FIBGAR\u2019s ALERTA Latam Observatory, aimed at students on the Master\u2019s in Governance and Human Rights at the Autonomous University of Madrid. We would like to thank the author for their valuable contribution to this forum for analysis and critical reflection on the challenges facing Latin America, and for their commitment to promoting human rights, justice and democracy in the region.<\/em><\/strong><\/p>\n\n\n\n

REFERENCES<\/p>\n\n\n\n

Amazonian Centre for Scientific Innovation (CINCIA). (2025). Mercury in Loreto: Human and fish exposure in the context of mining expansion in the Amazon. Peru. https:\/\/cincia.org\/wp-content\/uploads\/Reporte_-Mercurio-en-Loreto_-Exposicionhumana-y-en-peces-.pdf<\/a> <\/p>\n\n\n\n

Arellano, A. (2024). Mongabay. Indigenous peoples in Latin America: 2023, a year marked by violence against communities and their territories. California, United States. https:\/\/es.mongabay.com\/2024\/01\/balance-pueblos-ind\u00ecgenaslatinoamerica-2023-marcado-por-violencia\/<\/a> <\/p>\n\n\n\n

Joint Statement by Indigenous Peoples and Local Communities of Colombia, Peru and Brazil on Gold Mining and the Use of Mercury in the Amazon. (2025).<\/p>\n\n\n\n

Ombudsman\u2019s Office. (2023). Access to drinking water and sanitation in vulnerable populations: the case of the indigenous communities of the Four Basins in Loreto. (Ombudsman\u2019s Report No. 0001-2023-DP\/AMASPPI. Peru, p. 4.  https:\/\/cdn.www.gob.pe\/uploads\/document\/file\/4570043\/INFORME%20AGUA%20POTABLE%20SANEAMIENTO%20POBLACIONES%20VULNERABLES.pdf?v=1684 337445<\/p>\n\n\n\n

Ombudsman\u2019s Office. (2026). Report on Social Conflicts No. 264. Peru. https:\/\/www.defensoria.gob.pe\/wp-content\/uploads\/2026\/03\/Reporte-de-ConflictosSociales-n-264-febrero-26.pdf<\/a><\/p>\n\n\n\n

United Nations Human Rights Office. (2013). Handbook for National Human Rights Institutions. Geneva (p. 18).<\/p>\n\n\n\n

United Nations. (2009). General Assembly, Human Rights Council, 12th session. Geneva (p. 13).<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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