Commentary: Peru Constitutional Tribunal sets strict criteria for private security contracts between extractive companies & national police, limiting their use
"Can Resource Extraction Companies Contract the Police? Case Comment on Peru’s Constitutional Tribunal Decision in Colegio de Abogados de San Martín v Poder Ejecutivo", 21 December 2020
Introduction
For decades, mine affected communities, human rights defenders and their allies in Peru have expressed concern about domestic legislation that allows resource extraction companies to enter into service contracts with the Peruvian National Police (PNP). There are numerous well-documented instances of conflicts between communities and mining companies where PNP officers have harmed or killed community members while performing paid services for a company. Many see these contracts as part of a larger process of militarizing resource extraction in the context of opposition from affected communities. They argue that these contracts elevate the risk of serious human rights violations and are unconstitutional because they diminish the independence of the PNP.
This case comment summarizes the 2020 decision of Peru’s Constitutional Tribunal on the issue of the constitutionality of the legislation that enables these contracts. In doing so, I focus on identifying, as clearly as possible, the constitutional requirements that the Tribunal imposes on PNP contracts with resource companies. In conclusion, I analyze the key weaknesses and strengths of the decision from a human rights perspective. I also identify in broad terms its implications for Peruvian authorizes, as well as for home states such as Canada where many resource extraction companies reside. This document’s appendix summarizes the new constitutional requirements that flow from the Tribunal’s decision, in general and specifically with respect to police contracts with resource extraction companies.
A. Overview: Constitutional Challenge to Police-Company Contracts
On June 23, 2020, Peru’s Constitutional Tribunal issued its decision in Colegio de Abogados de San Martín v Poder Ejecutivo in response to a constitutional challenge brought by the San Martin Law Society plaintiff to the legislation that enables these contracts ...