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This paper explains how a comparatively weak Indigenous movement succeeded in establishing a precedent of Indigenous prior consultation reform in a national context adverse to Indigenous rights. The in-depth study of Peru shows that alliances between civil society actors and people inside certain state institutions who supported Indigenous claims can explain this outcome. The paper focuses on the collaboration of many human rights lawyers who became part of the Peruvian state. Still, the analysis also shows the limits and challenges of these alliances, particularly in the regulation phase. The paper shows that progressive state activists without strong ties to social movements, and the barriers they face inside institutional settings, can also contribute to the reproduction of weak institutions, particularly during the regulation phase of approved norms. The paper is based on long-term qualitative research in Peru. Data is culled from various source documents and semi-structured interviews with key actors, bureaucrats, Indigenous leaders and human rights professionals. [ABSTRACT FROM AUTHOR]

The increasing number of claims filed by Indigenous peoples against pollution caused by extractive industries makes the challenge of factualizing and measuring the damage caused in their territories necessary. In Peru, the Kukama Kukamiria people are among the most affected by the various spills from the North Peruvian Pipeline since its construction, one of the most well-known occurred in the lower Marañón River in 2014. This paper is about the efforts and limitations involved in aligning the Kukama Kukamiria's experiences with the criteria and frameworks for measuring damage and compensation amid the toxic environment and the complicated time and space of late capitalism. Based on ethnographic research and considering the judicial processes, the analysis found that compensation became a tool of dispute in which incommensurable Indigenous worlds emerged to claim for their incommensurability to exist. But in the Peruvian neoliberal and extractive context, compensation also became a technique for governing Indigenous lives and natures in a way that excludes those worlds. [ABSTRACT FROM AUTHOR]