Environmental crimes in extractive activities: Explanations for low enforcement effectiveness in the case of illegal gold mining in Madre de Dios, Peru. Issue 1 (March 2021)

• Record Type: Journal Article
• Authors: Espin, Johanna; Perz, Stephen
• Is Part Of: Extractive industries and society. Volume 8:Issue 1(2021)
• Page Start: 331
• Page End: 339
• Publication Date: 2021-03
• Subjects: Enforcement -- Environmental crimes -- Illegal mining -- Peru; ACAFMIRA High Commission for Mining Formalization, Interdiction of Illegal Mining and Environmental Remediation -- ASGM Artisanal and Small-Scale Gold Mining -- ASM Artisanal and Small-Scale Mining -- DREMH Regional Directorate of Energy, Mines and Hydrocarbons -- EIA Environmental impact assessment -- GOREMAD Regional Government of Madre de Dios -- INGEMMET Institute of Geology, Mining and Metallurgy -- LD Legislative Decree -- MDD Madre de Dios -- MINAM Ministry of Environment -- MINEM Ministry of Energy and Mines -- SD Supreme Decree -- SERNANP National Service of Protected Areas; Mineral industries -- Periodicals; Gas industry -- Periodicals; Petroleum industry and trade -- Periodicals; 338.205
• DOI: 10.1016/j.exis.2020.12.009
• Languages: English
• ISSNs: 2214-790X

Abstract

Highlights: Peruvian laws about illegal mining include ambiguities and complexities that result in low enforcement effectiveness. Centralized allocation of resources undermines funding of local and regional authorities. Weak collaboration among governmental agencies undermines enforcement effectiveness. Abstract: Despite the existence of multiple laws that codify regulations defining environmental crimes, illegal practices in extractive activities tend to occur because rules are not enforced. This study therefore aims to advance explanations as to why there is low effectiveness of enforcement of regulations to tackle environmental crimes in extractive activities. We draw on the law enforcement literature to identify explanations for why environmental enforcement fails to deter illegal practices in extractive activities. We then take up the case of illegal mining in artisanal and small-scale gold mining (ASGM) in the region of Madre de Dios (MDD) in the Peruvian Amazon. We evaluate qualitative data from multiple sources including legal documents, reports and interviews. The findings suggest two issues that have shaped low enforcement effectiveness in MDD: conflicts and lack of collaboration among agencies at different levels and sectors of government, and inadequate resource allocation from the national government to other levels. Enforcement is not monolithic in one governmental authority; therefore, it is crucial to recognize and address the existence of multiple levels and sectors of enforcement to improve the effectiveness of enforcement actions. These findings bear implications for theoretical perspectives on enforcement as well as public policies to increase effectiveness of enforcement of environmental regulations.