The Canadian organization Rights and Democracy has developed an assessment tool that communities can use to answer these questions for themselves. The system is called the “Getting it Right” Human Rights Impact Assessment tool, and is designed so that local organizations and citizens can, with minimal training, carry out their own study of how their basic rights -- such as free speech, water, safe working conditions, shelter, and education -- are affected by the actions of governments and companies establishing mines, agricultural operations, factories, or oil and gas pipelines.

“A lot of companies will do an impact assessment on their operations, using an outside consultant, but these don’t always do much for the stakeholders in the community, or promote accountability,” says Chris Jochnick, director of Oxfam America’s private sector program. “Helping community members conduct their own human rights assessment strengthens their capacity to examine their situation, frame their issues, and engage with a company or government,” he says. “We think this will produce a more robust and balanced assessment than one done by outsiders.”

The Rights and Democracy assessment tool helps people document how their rights are supposed to be protected under national law, and the actual effects of an investment project on these rights. It helps community leaders create a team, plan out the work and specific rights to assess, carry out surveys and community consultations, validate findings, write reports, and meet with companies and governments to urge action to address the problems uncovered in the assessment.

A tested tool

Rights and Democracy commissioned five assessments to test the system starting in 2005. One of them looked at the effects of a metal refinery on women’s rights in La Oroya, Peru, concentrating on the rights to water, health, adequate housing, and working conditions. It was done by the Centro de Promoción y Estudios de la Mujer Andina. The organization concluded that lack of enforcement of environmental rules by the state was one of the main contributors to the poor public health situation in the city. The report also cites lack of commitment by the Doe Run Peru SRL company to improve the environmental performance of the plant.

“By looking at the health problems in La Oroya through a woman’s eyes, this assessment helped uncover a pattern of children’s and reproductive health issues that was clearly connected to lead poisoning,” says Gabrielle Watson, Oxfam America’s planning and learning specialist who helped develop the assessment tool with Rights and Development.

Oxfam America is helping two organizations carry out a Human Rights Impact Assessment. One is related to a proposed natural gas operation in Bolivia where the Centro de Estudios Aplicados a los Derechos Economicos, Sociales y Culturales (CEADESC) will carry out the study with local Guaraní indigenous communities that were denied their right to be consulted about the gas exploration activities in their territory. The other case concerns tobacco pickers in the United States, and will be carried out by the Farm Labor Organizing Committee (FLOC). FLOC will look at efforts by migrant and undocumented farmworkers to improve working conditions on tobacco farms.

Watson says the human rights assessments will help people take control of the type of development carried out in their name. “Local people are the experts about human rights impacts of private investment projects in their communities. This tool puts them in the driver’s seat in the search for safer, more equitable outcomes that are good for everyone.”

According to Peru's Civil Defense Institute, the rains have hit 18 of the country’s 24 regions, causing suffering to more than 190,000 people and damaging more than 28,000 homes. Particularly hard hit are communities located along the major Andean rivers in Cusco and Puno in the south.

With a $100,000 grant, Oxfam is supporting its local partner, PREDES, to help 529 families living in temporary shelters in the provinces of Anta, Calca, and Urubamba.

"At the moment, we're improving the temporary shelters to ensure they have clean water and basic sanitation, and so avoid major health problems", said Oxfam’s Elizabeth Cano, who is coordinating the humanitarian response for the organization.

Work includes the installation of separate toilets for men, women, and children as well as the distribution of hygiene kits equipped with basics such as toothpaste and soap. Oxfam and PREDES are also working with civil defense committees to help communities and local authorities improve coordination to be better prepared for future natural events.

"The only thing we haven't lost is our health and our lives,” said Eufemia Araníbar, a member of the Nueva Esperanza neighborhood committee in the district of Izcuchaca. "We haven't lost our children or our husbands. Everything else we can rebuild, because we have our health", she tells us firmly.

In Cusco, a night that won't be forgotten

In Cusco, on Saturday, Jan. 23, people were already looking with concern at the clouds in the sky and the swollen rivers. Persistent rain had caused the rivers to rise, particularly at their confluence points. In a matter of hours, the Vilcanota, Jatumayo and Huatanay rivers and Huacarpay Lake had overflowed.

"Since Saturday 23, we've been in a state of alert, protecting ourselves, putting sandbags along the edge of the river. But it overflowed upstream, where we didn't expect it, and the houses have collapsed,” said Urbana Huamán, a 43-year-old single mother from Anta Province, as she showed a team from Oxfam the curved shape of a nearby river and lamented the miscalculation.

While in some areas residents stayed on the alert, elsewhere they had observed a reduction in the turbulence of the river and, instead of going out to keep watch and put up barriers, they went to bed, assuming they were safe.

"During the night, the water came and caught us unaware,” said 34-year-old Eufemia Araníbar. “Some people were awake, digging ditches, but some of us were asleep. Suddenly we were woken up by shouting and whistling. When I stood up, I felt water on the floor. My shoes were already wet.”

The first thing she did was to get her children out.

"We couldn't save anything, just a few clothes,” added Araníbar. “The water took everything. It took my pigs, my guinea pigs, my chickens..." And with them she lost she lost her savings.

Since that January night, the rain has not stopped. In March, the Quesermayo, Antarhualla and Kitamayo rivers in Calca Province broke their banks. There have also been landslides and more homes have been destroyed.

Now, it’s all gone—their home and their livelihoods--destroyed in floods triggered by heavy rain in the mountains of southern Peru. Across the country, the rains have affected more than 190,000 people. Eighteen of Peru’s 24 regions have been hit, including Cusco, which has experienced unprecedented amounts of rainfall.

"Suddenly we found ourselves with no house, no business,” said Salinas, as she showed an Oxfam team the plot of land on the river bank where her house used to stand and where now there is only debris.

"I didn't want to leave. I had to be carried out,” Salinas said, describing how the river water rose hip-deep in her house. She wanted to save her goods and her husband's work tools. Three days after she was evacuated, the house collapsed. Now the couple is living in the temporary shelter in a stadium, thinking about how to start over again.

María Gutiérrez, 50, from the district of Izcuchaca in Anta Province told a similar story.

"I used to be a storekeeper,” she said, using the past tense because the disaster has left her with no capital. She would buy corn, wheat, and beans, and store them in her house to sell. But all of that was washed away by the river.

"Even if I had the money, I couldn't set up my business again because I used by house for storage and now I wouldn't know where to store the goods", Gutiérrez added.

‘What are we going to eat?’

While shopkeepers wonder how they will recover their losses, a larger worry for the region may be the harvest. According to Peru's Civil Defense Institute, 21,730 hectares of crops, or more than 53,000 acres, have been destroyed and more than 130,000 acres have seen a partial loss of crops, mostly in the Cusco and Puno regions.

"Nearly 100 percent of the crops have been lost,” said Juvenal Durán, mayor of the district of Yucay in the Sacred Valley. "The farmers have lost their crops: the corn and cabbage are rotting. Agricultural insurance only covers 400 soles ($141), and there are people who rent their land, so what are they going to do when the crops fail? Yucay is dependent on agriculture. What are we going to eat? Where are we going to live? How are we going to be able to send our children to school?"

The communities in the upland regions have also been affected.

"In my community the crops are riddled with pests, late blight. What's more, as we farm on slopes, the soil is being washed away,” said Alejandro Huamán from Andahuaylillas. He’s worrying because farming is how his family makes a living.

Helping agriculture recover

The local authorities are aware that the focus must be on how to safeguard the next harvest.

"We've got a plan to ensure the next harvest: seeds, fertilizer, training, river defenses. In addition, we need to rebuild the bridges to improve trade and the irrigation channels,” said Gilberto Gil, a councilor in Urubamba.

At the same time, officials know that they need to think about how to help local communities adapt to unpredictable weather.

"This is going to be permanent due to climate change. We must prepare for rains and droughts. We have to address the immediate problems but also plan for the long term,” said Gil.

"One of our biggest concerns is that these disasters will increase poverty", said Elizabeth Cano, Oxfam’s humanitarian aid coordinator in Peru. "One of the main sectors that has been affected is the small-scale farming sector. Unlike the tourism sector, many small-scale farmers live in poverty, so it takes them longer to recover. We are appealing to the central government to increase support measures for this sector."

Unfortunately, not all indigenous groups participating in these working groups felt that the discussions were productive. AIDESEP, a long-time Oxfam America partner and one of the largest federations representing indigenous peoples in Peru’s Amazon, has withdrawn from the dialogue process, citing lack of progress and reluctance on the part of the government to accept its share of the responsibility for the violence in Bagua.

While indigenous people and the government struggle to continue a meaningful dialogue, the Indigenous Federation of Madre de Dios (known as FENAMAD) has been objecting to the presence of Hunt Oil of Texas in the Amarakaeri Communal Reserve (RCA), part of the 3.5 million-acre Block 76 oil concession located in the Madre de Dios region in southeastern Peru. FENAMAD contends that Hunt Oil could be playing indigenous communities against each other to gain access to their lands. “The current strategy of the US company Hunt Oil is to negotiate directly with the members of each native community and seek to divide them and provoke open confrontation among the brother indigenous people within each community,” FENAMAD is saying in a memorandum.

There is a real danger this could emerge as the next flashpoint in a disturbing stream of conflicts between communities and oil and mining companies in Peru. The Peruvian Ombudsman Office estimates that of the 273 social and environmental conflicts in Peru in the first six months of 2009, 80 percent were related to extractive industry projects. (In 2008 there were 123 social and environmental conflicts in the same period.)

FENAMAD and other indigenous federations are insisting that foreign oil, gas, and mining companies must attain the free, prior, and informed consent from communities before they can enter any indigenous lands such as the Amarakaeri Communal Reserve. The right of free, prior, and informed consent is a right of indigenous peoples established under international law, and requires free access to full information (including independent analysis of project proposals), adequate time for a community decision free of pressure and coercion, and the option to reject a proposal--or accept under certain conditions.  

The failure of oil, gas, and mining companies to gain appropriate access to communities with natural resources limits Peru’s ability to benefit from revenues it needs to help the approximately 50 percent of its population now living in poverty.

The legislature gave Peru’s President Alan Garcia broad powers to promote economic competitiveness through decrees last year, saying it was necessary to adapt legislation to comply with new requirements of the Peru-US Free Trade Agreement.  Indigenous federations and many civil society organizations have strongly protested the possible consequences of these laws for the Amazon rainforest and indigenous lands, as well as the fact that they were adopted without transparency or genuine consultation. Some of these legislative decrees were rescinded following violent confrontations last June, but many are still in force.

Oxfam America's campaign—called the Right to Know, Right to Decide—aims to arm local citizens with the information they need to weigh the costs versus the benefits and decide whether to provide consent for the projects to move forward.

“There is a potential for this confrontation to escalate to violence,” says Emily Greenspan, Oxfam America’s policy advisor who monitors oil and gas projects in Peru’s Amazon. “Companies seeking to operate in any areas need to attain the free, prior, and informed consent of communities. Those that appear to be forcing their way into communities risk serious conflict, as we have seen in the recent past.” 

In 2007, the Chinese consortium Xiamen Zijin Tongguan Investment Development Co Ltd took over the British mining company and transferred its headquarters from London to Hong Kong. The injunction, applied in June 2009, prohibited the company from disposing of its assets. If courts in the United Kingdom find Monterrico Metals to be responsible for the human rights violations inflicted on the farmers, it will be required to pay adequate compensation to the injured individuals and the communities to which they belong.

Oxfam International in Peru welcomes the British High Court’s decision. In Lima, Javier Aroca, coordinator of Oxfam International’s Extractive Industries Program in South America, expressed his satisfaction with the verdict issued on October 16, 2009. “This is an important step forward in the defense of human rights in Peru. It establishes a precedent and acknowledges the abuse to which the citizens who expressed their opposition to the expansion of mining in their communities were subjected”, he explained.

In August 2005, 27 men and two women were detained and held for three days at the Rio Blanco mine site in a remote area of northern Peru. They had been protesting against the development of the mine, which is the major asset of Monterrico Metals. According to their witness statements, the unarmed protestors were held against their will and subjected to physical and psychological torture allegedly by the Peruvian police, mine employees, and mine security guards. One farmer died.

Attempts to seek justice through the Peruvian courts have been slow and difficult. In March of this year, Peruvian prosecutors accused the police of torture, but cleared the mining company and private security firm Forza of wrongdoing. Thirty-one claimants, including all of the alleged victims held at the mine site, are now pursuing their case in the English courts, arguing that the company must have known of the conditions in which they were being detained, but failed to take steps to prevent or end their ordeal. Oxfam’s partner organization, FEDEPAZ (the Ecumenical Foundation for Development and Peace), together with the CNDDHH (Peru’s National Human Rights Coordinating Committee) filed the complaint on behalf of the victims and has been providing them with legal assistance in this case. FEDEPAZ said in a statement that this injunction confirming the freezing of Monterrico Metals’ assets constitutes an unprecedented achievement in the fight against impunity and marks an extremely important step toward the goal of achieving justice for the victims.

Oxfam soon will be releasing two video reports about this case.

De Laurentiis, who has been an Oxfam America Ambassador for a year, embarked on a weeklong trip to the Cusco region of the South American country ahead of World Food Day to get to know the conditions in which the small farmers live and work and the challenges they face.

"This trip helped me really think about the faces behind the food that all of us eat, and come to understand the arduous work small scale farmers do on a daily basis," said De Laurentiis. "The pride and passion I saw in the eyes of the farmers I met—for their land, for what they do and for the food they produce—was inspiring. Hearing that they barely make enough to put food on the table for their own children was heartbreaking."

Although there is enough food grown in the world for everyone, one billion people around the world—one in every six—go hungry every day. At least 70 percent of the world's poor people depend on agriculture for their livelihoods, but rising food prices, unfair trade rules, and a changing climate are extreme challenges to millions of small farmers, according to Oxfam.

"Many farmers I met spoke about increasingly unpredictable weather that makes growing potatoes harder every season," said De Laurentiis. "But I was moved by their determination and drive to combine the knowledge passed on from generation to generation with scientific expertise to adapt their farming practices. Such adaptation efforts must be supported as they are not only crucial to Peruvian farmers, but a necessary effort for the world to follow."

"Small-scale farmers hold the key to increasing global food production in a sustainable way but our policies have left them to fend for themselves on the front-line of hunger, poverty and climate change, said Raymond C. Offenheiser, president of Oxfam America. "We at Oxfam are working to reduce hunger through increased investments in small-scale farmers around the world and we are so proud to have Giada join our effort."

Efforts currently underway in Congress and an initiative recently announced by President Obama would provide critical resources for investing in agriculture and rural livelihoods.

"I have brought back many stories from the villages I have visited, you really can't help but be moved by such amazing people," said De Laurentiis. "Now more than ever, I am convinced that we must invest more–and more wisely–in local agriculture to help poor farmers lift themselves out of poverty."

De Laurentiis is an Emmy Award winning celebrity chef and regular contributor to the "Today Show" has hosted several successful series on Food Network, most notably "Everyday Italian." With much anticipation, she debuted her recent series for Food Network, "Giada at Home" in the Fall of 2008, and featured Oxfam's work in one of the series' episodes. Additionally, De Laurentiis is the best-selling author of four cookbooks and currently working on a fifth book with a release in Spring 2010. While on her month long book tour for "Giada's Kitchen" in October 2008, De Laurentiis included Oxfam inserts in each book sold, drawing attention to the growing problem of rising food costs and the hunger crisis worldwide.

Hatunmayo (Cusco)

Farmers in Cusco are reporting irregular rains and intense heat. This is affecting their potato and corn crops: in recent years, production has fallen by at least half. The Peruvian Ministry of the Environment corroborated this information in its 2009 National Environmental Study, which revealed that 80,000 hectares (about 195,000 acres) of potato and 60,000 hectares (148,000 acres) of white corn have been lost in the last 12 crop years due to climate change. Livestock farmers also report that new diseases are affecting their animals.

Cirilo Quispe Latorre, mayor and resident of the district of Cachimayo. “Eighty percent of the farmland is seasonal. In other words, if there is rain, we plant. If there isn’t enough rain, we can’t keep planting. I’m a native of this region. When I was a child, there was quite a lot of water in this region. There were toads and frogs that you don’t see any more. It’s a big worry. And if I go up to the mountains around Urubamba, I see that they’re almost black now. I worry and tell my children that those mountains used to be white with snow. Now that I’m a bit older, they’re black. What’s happening? A big change is taking place on our planet. I don’t know who’s going to come and sort out this situation. It’s worrying. The rains used to start in October, and we would plant broad beans, wheat, and potatoes. Now the rains begin around mid-December, and we lose more than a month and a half of growing time. Now, by the end of March the rains are over. It used to rain throughout most of April, with the dry season only starting in May. So, the rain has decreased at the beginning and the end.”

Teresa Rocca Mismi, communal farmer in the community of Chacacurqu. “I have potato and corn crops. There isn’t as much rain. The hail that’s fallen (we don’t normally see hail in this region) is what’s affected us. It hailed in mid-February. For example, the potatoes that should be big by now are just seeds. I don’t know why we’ve had hail this year. The rain used to start in October, now it’s December. This has been happening for five years. We want the authorities to help us.”

Central Andean Corridor (Piura)

Local residents in rural Piura report that changing rainfall patterns are damaging their mango and cassava crops. They also have noticed public’s health problems, specifically the emergence of diseases such as dengue fever (spread my mosquitos) and leishmaniasis (spread by sand fleas). A Ministry of Health employee corroborated this information, confirming the appearance of dengue in populations where the transmitting agent (the Aedes aegypti mosquito) never had existed previously.

Marco Sandoval García, president of the Santa Catalina Peasants’ Association. “When I was a lad, I remember that there would be two harvests a year in the lower rice-growing area. Now there’s only one. I also remember that in my community, we had drinking water 24 hours a day. Now it’s just two or three hours, depending on the rain. All the drinking water for Patachaco used to come from a single spring. Now we have to take it from two springs... There’s a shortage of water... The springs aren’t the same any more. Some of them are drying up. The elders say that the cassava never used to rot and could be harvested throughout the year. Last year, no one harvested cassava because it all rotted. My orange tree was full of blossoms, but then we had a sharp frost and all the flowers fell off. There’s instability. The climate is strange. For example, although it’s winter, we’ve just had seven days of strong sun. Some farmers think this is because there’s been a lot of deforestation of the hills. They don’t know that climate change is affecting the whole world. We’ve caused so much damage ourselves, with deforestation and pollution.”

Katerine Rosillo Quispe, Ministry of Health employee in charge of Health Center 1 in La Huaquilla (Morropón, Piura). “We’ve got high numbers of dengue transmitting agents in the region, which hadn’t been seen before. Those dengue mosquitoes are new for us. In La Huaquilla, the whole population is exposed: children, adults, the elderly. Climate change greatly affects health, especially as other types of pathologies appear, such as diarrhea, respiratory infections, but above all, the dengue mosquito.”

Newmont, the largest US-based mining company, agreed to the review in 2007 following allegations of serious rights abuses by police and private security forces hired to protect the mine. Among other recommendations, the review calls on the company to more rigorously investigate human rights abuses, disclose contracts with police forces, consider severing ties with a private security contractor, and promote greater dialogue with local communities.

"This report contains a number of important recommendations for addressing ongoing human rights problems at Yanacocha," said Raymond C. Offenheiser, president of Oxfam America. "Given the current tensions around mining projects in Peru, we urge Newmont to take immediate action to implement these recommendations."

The report is the result of a two-year mediation process between Newmont and Oxfam America under the auspices of the Voluntary Principles on Security and Human Rights, a global initiative bringing together mining and oil companies, governments, and nongovernmental groups. Newmont and Oxfam entered the mediation after Oxfam filed a complaint over abuses by security forces at Yanacocha in three separate incidents throughout 2006-2007. These included the fatal shooting of a local farmer involved in protests at the mine and the surveillance and harassment of members of a local human rights and environmental group.

Peru has been hit by a recent wave of protests around mining and oil projects. According to government estimates, there are more than 70 active conflicts at mine sites in various parts of the country, some of which have turned violent. Tensions reached a boiling point in early June when actions by the national police to quell protests by indigenous peoples in the Peruvian Amazon, who were protesting government decrees designed to open up more land to mining and oil operations, resulted in a tragic loss of lives and a large number of wounded police officers and indigenous peoples.

"Newmont can help reduce the level conflict in Peru by implementing these recommendations," said Keith Slack, extractive industries program manager at Oxfam America. "Doing so would be an important confidence building measure among local community members affected by mining operations."

The report recommends that Newmont more vigorously implement the Voluntary Principles on Security and Human Rights, which include ensuring that security forces employed by companies do not have a history of human rights abuse. The report further calls on the company to review the results of psychological examinations of all security personnel before employing them at the mine.

"This is a critical first test of the complaints mechanism of the voluntary principles," noted Slack. "Newmont's compliance with these recommendations is important for the continued credibility of the initiative."

This report follows a previous independent review of Newmont's community relationship management practices, the results of which were released in March. Oxfam encourages Newmont to continue taking leadership in this type of review process and to fully implement the resulting recommendations to improve relationships with local communities near mining projects.

At least 30 people have been killed in recent weeks in violent confrontations between indigenous protestors and police. The overturn of these decrees now sets the stage for dialogue. Shortly after congress rescinded them, President Alan Garcia delivered a speech in which he said that his government should have included indigenous people in discussions about the decrees before he issued them.

The government of Peru is now initiating a commission to start a dialogue with indigenous people, and will include Oxfam's partner AIDESEP, which represents a highly diverse group of indigenous organizations from all over the Amazon region.

"Oxfam hopes this dialogue initiative will be an important first step toward lasting solutions based on indigenous peoples rights and ensuring strong environmental regulation of extractive activities in the Amazon," said Frank Boeren, Oxfam America's Deputy Director in South America.