On March 21, 2019, the U.S. Court of Appeals revived Máxima Acuña and her family’s case against Colorado-based Newmont Mining Corporation, ensuring that the family would receive a fair trial. This is a huge victory for the Peruvian farmers, who originally had their case dismissed by the lower court, saying it should be heard in Peru. There is evidence of corruption in the Peruvian courts, especially by Newmont, so it was feared that the trial would be unfair.
Newmont Mining Corporation, owner of some of the world’s most lucrative gold and copper mines, has led a campaign of harassment and abuse against Máxima and her family since 2011. The company attempted to force them off their land to build the Conga mine, one of the largest open-pit gold mines in Latin America.
Several years ago, in true David vs. Goliath style, Máxima stood up to the mining giant, refusing to sell her 60-acre plot of land to them. Despite being sued by the company and having her house destroyed, she effectively stalled development on the proposed Conga mine.
The mine would have drained four mountain lakes, turning the Laguna Azul into a waste storage pit, and it would have threatened five watersheds in the high-altitude, biologically diverse wetland. Because of Máxima’s strong acts of resistance, these precious resources, which local people depend on, were protected. As such, she is a recipient of the 2016 Goldman Environmental Prize.
A legal battle has waged on for years between Newmont Mining Company and Máxima’s family. Knowing that the Peruvian courts have failed to protect the family up to this point, Newmont has attempted to thwart this family’s pursuit of justice by sending the case to Peru. The Third Circuit Court’s recent decision means that Máxima and her family will continue their case in the United States.
Global Greengrants Fund has supported the struggle against the Congo and Yanacocha project in a few ways. We have supported groups in Cajamarca to travel to Washington to speak to the Inter-American Human Rights Commission. In Bambamarca, grantee groups have held peaceful protests and vigils around the lakes that Newmont wanted to “move into a reservoir” for the Conga project. And local leaders have used funding to travel to Lima to present their case to Congress.
Our global network is thrilled that Máxima and her family are one step closer to the justice they deserve. We will continue to support Indigenous leaders in Latin America and beyond as they fight for their rights to land, water, and resources.