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How can business owners and community regulate the relationship between them (Peru)

Companies often operate in the proximity of communities or on land that is property of a community. The company's activities may cause nuisance and sometimes even threaten the safety and health of people.

Country

Peru

What challenges does it focus on?

Establishing a way to regulate the relationship between business and community in Peru.

Short summary

In Peru, there is something called Comunidad Campesina. These are legally recognized, self-governing entities. Comunidades Campesinas elect their own authorities who in turn have to respond to the Community Assembly, the body in which decisions are taken.

While private land rights exist within communities, Comunidad Campesinas are given some authority over how land can be used. Land in Comunidades Campesinas is therefore different from normal private property. In the specific case of mining, communities as surface owners do not have right to the subsoil rights. The state does. Therefore, community members have to give a 2/3 majority approval before the surface can be used and occupied by any company even if this company has rights to explore and exploit the subsoil. 

Research evidence

This rule may be found on this website

Related best practices

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