Mining in the Amazon: An exploration of the tensions between infrastructure development, environmental protection, and indigenous rights under international and national laws

Abstract

This research examines the critical tensions between infrastructure development, environmental protection, and indigenous rights in the context of illegal mining in the Peruvian Amazon from 2008 to 2021. While infrastructure expansion is often seen as a driver of economic growth, it has simultaneously facilitated illicit mining activities, particularly within Indigenous Lands (ILs). Using Kernel Density Estimation (KDE) and binary logistic regression, this study maps the spatial distribution of illegal mining activities and identifies the primary factors driving their expansion in Peru's Amazonian region. The findings reveal a substantial increase in illegal mining over the last five years, particularly in the territories of Madre de Dios, Ucayali, and Loreto, where clandestine transportation networks, including unofficial roads and airstrips, have enabled unauthorized extractive activities. Regression analysis confirms that gold demand, proximity to clandestine infrastructure, and weak enforcement mechanisms are the leading contributors to illegal mining in Indigenous Lands. These results underscore the conflict between economic expansion and conservation efforts, exposing loopholes in legal frameworks and the marginalization of indigenous communities under Peruvian national laws and international human rights agreements. This study contributes to policy discussions on sustainable resource governance and the protection of indigenous territories in the Amazon, emphasizing the need for enhanced monitoring mechanisms, stricter enforcement policies, and participatory decision-making involving indigenous communities.