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Informe 045-2010-Dgsp-Esnapacmposq/ Minsa APPENDIX 1 INFORME 045-2010-DGSP-ESNAPACMPOSQ/ MINSA © The Editor(s) (if applicable) and The Author(s) 2016 233 A. Valencia, Human Rights Trade-Offs in Times of Economic Growth, Latin American Political Economy, DOI 10.1057/978-1-137-48868-8 234 APPENDIX 1 APPENDIX 2 “A Capability-Oriented View of Human Rights: A Case Study of the Mining Community of La Oroya-Peru” You are invited to participate in a study entitled, “A Capability-Oriented View of Human Rights: A Case Study of the Mining Community of La Oroya, Peru” that is being conducted by Areli Valencia. I am a graduate student in the Faculty of Law at the University of Victoria (UVIC) and you may contact me if you have further questions by e-mail at [email protected]. As a graduate student, I am required to conduct research as part of the requirements for a degree of Doctor of Laws (PhD). It is being con- ducted under the supervision of Professor Hester Lessard (Faculty of Law- UVIC), and Professors Cecilia Benoit (Department of Sociology-UVIC) and Laura Parisi (Department of Women’s Studies-UVIC). You may con- tact my main supervisor, Hester Lessard, at (1)(250) 721-8164, or by email at [email protected]. I hold a Canadian Graduate Scholarship sponsored by the Social Science and Humanities Research Council of Canada (SSHRC). This research is also being funded by the University of Victoria-Graduate Studies. © The Editor(s) (if applicable) and The Author(s) 2016 235 A. Valencia, Human Rights Trade-Offs in Times of Economic Growth, Latin American Political Economy, DOI 10.1057/978-1-137-48868-8 236 APPENDIX 2 Purpose and Objective The purpose of this research project is to collect lived experiences and insights from community members of La Oroya regarding their needs, social struggles, values, expectations and obstacles impeding the improve- ment of the quality of their lives. The reason for collecting this data is to inform my research on the extent to which human rights violations in this community refl ect the decrease in the range of opportunities for commu- nity members to make life decisions at the individual and collective level. More specifi cally, this data will provide valuable information to enable a better understanding of the extent to which the history of a long-standing mining tradition has transformed people’s lives and social relationships in this community. Dependency on mining activity has exacerbated the susceptibility to domination by political and economic powers, which has resulted in social confl icts and impediments to the realization of essential human rights for this community—i.e. the right to health, environment and the right to enjoy job opportunities. Importance of This Research Understanding human rights violations in terms of their impact on the well-being of people from La Oroya is crucial to critically evaluate how responsive and/or connected, if at all, the Peruvian social, economic, and environmental policies and laws are to the expectations and the needs of people from La Oroya. Whereas important studies have focused mainly on denouncing consequences of human rights violations in this community, my study seeks to contribute to these studies and the literature on human rights in general, by advancing a complementary framework to evaluate human rights violations that focus on the extent to which such human rights violations are historically, socio-economically, and institutionally determined. Participants Selection You are being asked to participate in this study because, as a resident of the community of La Oroya, your insights and lived experiences are valuable and play a central role in this project. What Is involved? If you agree to voluntarily participate in this research, your participation will include meeting with me for an interview lasting approximately 1–1.5 hours, during which I will ask you questions about your values, goals, APPENDIX 2 237 needs, struggles faced by your community, and your expectations for the future in La Oroya. The interview will be scheduled at a time and place that are convenient for you. Prior to starting the interview, I will ask your permission to digitally record your responses. During the interview I will also take hand-written notes. If necessary, I might contact you again for a follow-up interview. Voluntary Participation Your participation in this research must be completely voluntary. If you do decide to participate, you may withdraw at any time without any conse- quences or any explanation. If you do withdraw from the study your data will not be used or will be used only if permission is given by you. Anonymity If you agree to participate, your identity will be protected. For this pur- pose, rather than using your name I will employ numeric and anonymous codes. Confi dentiality In order to preserve your anonymity, privacy, and the confi dentiality of your responses, I will store the digitally recorded interviews, transcripts, and interview notes in a secure location such as a locked cabinet and/ or password protected electronic fi les on my personal computer. No one other than me will have access to this information. Risks As a researcher, I am aware of the struggles community members from La Oroya face in order to protect their health and environment vs. the defense of employment opportunities, which are directly and indirectly related to mining activity. I am also aware of the social tension and lack of trust this situation has created among community members who actively defend one of these positions. If you are afraid that your participation may cause you emotional stress or discomfort, you should be aware that this is an independent academic study that seeks to capture and understand a diverse range of perspectives in this community. Thus, it will provide space for both major concerns of this community—health and work—to be heard. In addition, your participation and confi dentiality of responses will be protected in order to avoid or minimize any potential risk. 238 APPENDIX 2 Benefi ts The potential benefi ts of your participation in this research include the opportunity to voice your values, needs and expectation for improving your quality of life both as an individual and as part of the community of La Oroya. In doing so, this study will promote individual and community values and expectations for a life of well-being and the goal is to infl uence the thoughts that these are important considerations when designing and implementing social and economic policies in Peru. Moreover, this study will create increased awareness about how the historical, socio-economic and institutional factors create the space and function as the root causes for human rights violations in La Oroya, and the extent to which these factors place signifi cant barriers for you and your community to improve their quality of life. On-Going Consent To make sure that you continue to consent to participate in this research, I will ask you to sign the consent form each time I meet you. Dissemination of Results It is anticipated that the results of this study will be shared with others in the following ways: dissertation and/or published articles or a monograph and/or presentations at scholarly meetings. Upon your request, you can also have access to a summary of my research results once the analysis of the data collected is complete. In order to ensure accountability to your community, my ultimate goal is to publically present the conclusion and recommendations made in my dissertation in La Oroya immediately after my oral examination in Canada. Disposal of Data Data from this study such as digitally recorded interviews and interview notes will be destroyed upon the completion of the PhD dissertation, publishing of the book monograph based on the PhD project in question or after publication of subsequent academic papers. Contacts Individuals that may be contacted regarding this study include Ms. Areli Valencia, the principal investigator, and the project supervisor, Prof. Hester Lessard. Contact information for both has been provided on page one of this consent form. In addition, you may verify the ethical approval APPENDIX 2 239 of this study or raise any concerns you might have, by contacting the Human Research Ethics Offi ce at the University of Victoria at (250) 472- 4545 or [email protected]. Your signature below indicates that you understand the above condi- tions of participation in this study and that you have had the opportunity to have your questions answered by the researchers. Name of Participant Signature Date A copy of this consent will be left with you, and a copy will be taken by the researcher. BIBLIOGRAPHY INTERNATIONAL COVENANTS AND DECLARATIONS Declaration on the Right to Development, UN A/RES/41/128 (entered into force 4 December 1986). Indigenous and Tribal People’s Convention , 27 June 1989, International Labour Organization Convention No. 169, Sess. 76 (entered into force 5 September 1991). International Covenant on Civil and Political Rights , 19 December 1966, 999 U.N.T.S. 171 (entered into force 23 March 1976). International Covenant on Economic, Social and Cultural Rights , 16 December 1966, 993 U.N.T.S. 3 (entered into force 3 January 1976). Universal Declaration of Human Rights , GA Res. 217(III) UN GAOR, 3d Sess., Supp. No. 13, UN No. 13, UN Doc. A/810 (1948). NATIONAL LEGISLATION (PERU) Declaration of the Privatization of Centromin Peru as a matter of national interest , Legislative Decree No. 647 (10 February 1992). Directoral Resolution No. 334-97-EM/DGM (16 October 1997) [Setting up the distribution of responsibilities between the state and Doe Run to address envi- ronmental pollution in La Oroya].
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