I. THE PERUVIAN STATE BREACHES ITS DUTY TO PROTECT THE HUMAN RIGHTS OF INDIVIDUALS AND COMMUNITIES NEGATIVELY IMPACTED BY CHINESE MINING INVESTMENTS IN PERU
1. Economic activities of States cannot be carried out to the detriment of their fundamental obligations to respect, protect and fulfil human rights. States of origin of enterprises that execute and benefit from productive investment have obligations that must be guaranteed to ensure that such activities impair the human rights of individuals, communities and peoples.
2. Peru, as a target state of Chinese investments in mining, must prevent, investigate, punish and repair human rights harm related to these investment projects. Peru has an obligation to conduct prior impact assessment and take measures to prevent harm prior to granting permits for these activities, as well as during their implementation, including consultation with parties affected by such investments. However, these obligations have not been respected.
3. In the labor field, several Chinese mining companies operating in Peru stand out because of their ignorance of fundamental rights at work. An example of this is the Chinese mining company Shougang, where low remunerative levels prevail, high levels of socio-labor conflict, as well as a long history of denunciations of bad anti-union practices and violation of the right of workers to collectively negotiate the improvement of their conditions of employment. Likewise, due to the recurrence of situations of irregular outsourcing and fraudulent labor recruitment, wage discrimination, non-compliance with health and safety standards at work (including a significant number of fatal accidents) and mass dismissals, which the Labor Administrative Authorities have not Been able to prevent or resolve. Moreover, the social conflicts in Shougang have also led to the loss of human lives as a result of shots fired by police officers in the context of the crackdown on trade union protests against the company’s facilities.