“Tragadero Grande: Land, human rights, and international standards in the conflict between the Chaupe family and Minera Yanacocha Report of the Independent Fact Finding Mission”
Newmont’s commissioning of the Yanacocha Independent Fact Finding Mission represents an initiative of human rights accountability. A commitment to the public release of findings was made at the outset and the governance arrangements agreed between RESOLVE and Newmont enabled the Mission to work independently and engage the family and the company without bias. The Mission has surfaced information that was not previously available to all parties and has highlighted where gaps remain. This provides a basis for engagement between the parties about the facts of the case. In the view of the Mission team, finding a pathway towards a solution in this case has been delayed by a dominant legalistic orientation, a lack of willingness to gather information on the root cause of the situation, and a preference for litigation over dialogue. Minera Yanacocha’s stated aim of opening a dialogue with the Chaupe family appears to be inconsistent with its actions. A starting point for a conversation would be to understand the family’s living conditions, talk to them about their situation, and commit to jointly clarifying gaps in the original land acquisition process. The Fact Finding Mission represents an effort by Newmont to advance understanding about the case. This effort will only contribute to a solution if there is willingness on the part of the company to reset the situation and open up a dialogue, and this is met with a positive response from the family.