In a decision made very timely amid new mobilizations against oil and mineral operations on peasant and indigenous lands, Peru's high court last month struck down a provision of the country's penal code that rights advocates said criminalized the right to "social protest." The July 6 ruling by the Constitutional Tribunal voided an amendment to Article 200 of the Penal Code that had been instated under Legislative Decree 1237, issued by then-president Ollanta Humala in September 2015. The decree expanded the definition of "extortion" to apply not only to use of force to gain "economic advantage" but also "advantage of any other nature." This expanded definition has been used to bring criminal charges against protesters who have blocked roads or occupied oil-fields or mining installations. The legal challenge to the decree was brought by an alliance of regional human rights organizations led by the Legal Defense Institute (IDL). (IDL, Servindi, July 7)
Indigenous leaders are warning that a combination of neglect, inadequate preparations, and a lack of lockdown measures is exposing remote and vulnerable communities in the Amazon to potentially devastating outbreaks of COVID-19. The nationwide death toll in Brazil has soared above 11,000 amid growing anger at President Jair Bolsonaro's dismissive response. The situation is particularly bad in the Amazon gateway city of Manaus, where the number of fatalities is feared to be many times the official 500 to 600. Peru and Ecuador also have large outbreaks and significant Amazonian indigenous populations.
A court in Peru's Loreto region on Jan. 22 issued an order blocking all oil exploration or exploitation within a vast area of the Amazon rainforest along the Brazilian border, citing the presence of isolated or "uncontacted" peoples in the zone and the impossibility of obtaining their "prior consultation." The order affects Lots 135, 138 and 31B, which lie within Sierra del Divisor National Park, straddling the regions of Ucayali and Loreto. The case was brought in 2017 by the Regional Organization of Indigenous Peoples of Oriente (ORPIO), challenging the move by state agency PeruPetro to auction leases for the designated blocs.
A new rupture on the disaster-plagued North Peruvian Pipeline fouled local water sources that several indigenous communities depend on in Peru's rainforest region of Loreto. The spill occurred June 19 at kilometer 227 on the pipeline, in Manseriche district, Datem del Marañón province. The government's Environmental Evaluation & Fiscalization Organism (OEFA) is overseeing recovery efforts, but the local communities of Nuevo Progreso and Saramiriza are demanding emergency potable water deliveries, saying they have been without clean water since the spill. Pipeline operator PetroPeru is blaming the rupture on "an act of delinquency" by local residents. (Gestión, EFE, June 23; InfoRegion, Gestión, June 19)
The ongoing political crisis in Peru reached a grisly climax April 17 with the suicide of two-time former president Alan García as he was being arrested, over his suspected involvement in corruption surrounding troubled Brazilian construction giant Odebrecht. The ex-president shot himself in the head after asking for a moment to be alone to call his lawyer when National Police agents showed up to detain him at his home in Lima. He died in the city's Casimiro Ulloa Hospital—apparently after suffering three heart attacks. The remains were turned over the Casa del Pueblo, headquarters of his APRA party, after his supporters took to the streets to demand the body be transfered there. Outside the Casa del Pueblo, party followers have gathered to chant "Alan no está muerto, vive con su pueblo" (Alan is not dead, he lives on wth his people). (RPP, RPP, Clarín, Jurist)
Lizardo Cauper, president of Peru's alliance of Amazonian peoples, AIDESEP, has issued an urgent call for authorities to open dialogue with indigenous communities in the northern region of Loreto rather than militarizing the area in response to mounting social conflicts and attacks on the North Peruvian Pipeline. Noting that the aging pipeline is in chronic disrepair, with repeated spills contaminating the rainforest waterways, Cauper said: "We have made a call that, in place of militarization, they put in place a new pipeline. But it is not enough to have a new pipeline, but to respond to the demands of the people who are living around these oil activities." On Feb. 7, just a week after Cauper's comments, Loreto regional authorities called upon Lima to declare a state of emergency in response to paralysis of the pipeline, which delivers crude from rainforest oilfields over the Andes to the coast.
In a joint anti-drug operation code-named "Armagedon," Peruvian military and National Police troops carried out a series of raids in the remote Putumayo river valley along the Colombian border this week, arresting some 40, destroying four cocaine laboratories, and seizing large quantities of cocaine sulfate and harvested cannabis. The raids took place in the locality of Güeppí, near Laguna Pacora, Putumayo province, Loreto region. The majority of those detained were Colombian nationals, and authorities said they suspect the presence of "dissident" FARC units, who are trying to establish the zone as a staging ground to keep alive their insurgency. More than 350 troops have been deployed in the operation, with five helicopters and three planes as well as boats. The operation is being coordinated with Colombian security forces, who are carrying out similar missions on their side of the Río Putumayo. (BBC News, July 18; El Comercio, July 16)
Legal proceedings continue in Bagua, a town on the edge of the rainforest in Peru's Amazonas region, against 25 Awajún and Wampis indigenous activists over deadly violence at a pumping station for the North Peru Oilduct in June 2009. Station 6 had at that time been under occupation by indigenous activists opposed to expansion of oil operations into their Amazonian homelands. Violence broke out at the occupied pumping station on June 5, 2009, when word reached the activists there of that morning's Bagua massacre, precipitated by National Police attacking an indigenous roadblock outside the town. Ten agents of DINOES, the National Police elite anti-riot force, were slain in the clash at Station 6. Prominent indigenous leader Alberto Pizango, already cleared of charges connected to the violence at Bagua, is now among those being tried for the bloodshed at Station 6. The trial at the Bagua Penal Chamber opened Jan. 9, with the defendants facing possible life terms for kidnapping, armed rebellion, riot and other charges. (La República, Ideele Radio, Lima, Jan. 9)