The Dark Side of Judicialization: Criminalizing Mining Protests in Peru

Abstract

Social conflicts stemming from industrial mining projects in Peru have increasingly been fought in court cases in recent years. This article analyzes the dark side of this judicialization of mining conflicts, a process through which state authorities criminalize participation in social protests and attempt to prevent the mobilization of social movements. This use of the law by public authorities is an example of the so-called shrinking space in which the scope of action of civil society actors is increasingly restricted and constrained worldwide. This article presents an in-depth analysis of a specific court case against a group of mining opponents in the Cajamarca region of Peru. Based on ethnographic field research conducted in Peru, the article discusses three different modalities of the law’s domination, exploring the various ways the law rules those who oppose large-scale extractive projects.

Keywords

• criminalization
• legal mobilization
• shrinking space for civil society
• mining conflicts
• Peru
• criminalización
• movilización legal
• reducción del espacio para la sociedad civil
• conflictos mineros
• Perú