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)
Supporters of longtime Peruvian social leader Hugo Blanco are protesting what they call a disinformation campaign launched by the military and political right in response to release of a documentary film about his life. The film, Hugo Blanco, Río Profundo, produced by filmmaker Malena Martínez, won last year's National Competition for Feature Film Distribution Projects, sponsored by Peru's Ministry of Culture. This has prompted a group of current and former generals and admirals of the armed forces to issue a joint statement accusing the Culture Ministry of helping to disseminate a film that glorifies "extreme terrorist violence." In an implicit reference to the Shining Path insurgency, the statement said the film is "alien to the sentiment of Peruvians, who have suffered decades of violence and terror, reversed with much sacrifice from all of society, especially our Armed Forces and Police."
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.
Following a trial lasting years, a criminal court in Peru's Cuzco region on Jan. 30 finally absolved 10 campesinos from Chumbivilcas province of charges related to a 2011 protest against the ANABI mineral project, which they say threatens the headwaters of the Rio Yahuarmayo (also known as the Molino). The defendants—nine men and one woman—are followers of the Tupac Amaru Agrarian Federation of Cuzco (FARTAC). They had been charged with "disturbance," "deprivation of liberty," "aggravated property damage," and other offenses typically used against protesters in Peru. If convicted, they could have faced up to 30 years in prison. The ANABI gold and copper mine is in neighboring Apurímac region, but the minerals are transported through Chumbivilcas on unimproved roads, raising dust that contaminates local lands and waters. (Diario Uno, Jan. 30; Wayka, Jan. 20)
Peru's top public prosecutor Luis Landa Burgos on April 25 ordered that new charges be brought against ex-dictator Alberto Fujimori over the forcible sterilization of thousands of indigenous and peasant women during his time in power in the 1990s. Three of his former ministers, Marino Costa Bauer, Eduardo Yong Motta and Alejandro Aguinaga, are also to face charges, as well as his director of the National Family Planning Program, Jorge Parra Vergara. Also named are presidential advisor Ulises Jorge Aguilar and the health director for Cajamarca region, Segundo Henry Aliaga. Landa said he has an archive of testimony from survivors including Inés Condori, an indigenous woman from Cuzco region who was the first to speak out about the forced sterilization she underwent in 1995. She traveled to the regional capital from her remote village for a check-up after the birth of her fourth child; at the hospital, she was put under general anesthesia and sterilized without her consent.
Thousands have taken to the streets of Lima every night since the Christmas Eve pardon of ex-dictator Alberto Fujimori, to be repeatedly dispersed by the riot police with tear-gas. One TV journalist was injured when he was hit by a fired tear-gas cannister in Lima's downtown Plaza San Martín on Christmas Day. The lead contingent in the marches has often been relatives of those assassinated and "disappeared" under Fujimori's rule, especially victims of the Barrios Altos and La Cantuta massacres—carried out in 1991 and 1992, respectively, by regime-linked death squads against suspected sympathizers of the Shining Path guerilla movement. Marchers hold placards with the faces and names of "disappeared" students, workers and activists from the Fujimori era. (RPP, Dec. 29; Diario Uno, Dec. 26)
Protests are breaking out in Lima following the Christmas eve "humanitarian pardon" of Peru's imprisoned ex-dictator Alberto Fujimori by President Pedro Pablo Kuczynski (PPK). The supposedly ailing Fujimori has been transferred from prison to a private clinic in Lima's Pueblo Libre district, where protesters are gathering, to be dispersed by police tear-gas. Demonstrators have also filled central Lima's Plaza San Martín. Angry protests have lkewise broken out in Cuzco, Arequipa, Chiclayo and other cities. The pardon came three days after PPK survived a congressional vote on removing him from office over his embroilment in the Odebrecht scandal. A right-wing bloc led by the dictator's son Kenji Fujimori abstained from the vote rather than following the majority of his own Fuerza Popular opposition party, led by his older sister Keiko Fujimori, in voting to remove PPK. Kenji's defection was critical in Congress failing to win the 87 votes necessary to sack PPK.
Protesters blocked the train line to the Inca archaeological site of Machu Picchu, stranding thousands of tourists during a 48-hour paro (civil strike) by residents of Peru's Cuzco region. British-owned PeruRail company announced that service was suspended July 13-4 because of the blockades. At issue is a planned new airport for the Cuzco area, that was suspended in March due to controversies surrounding the construction contract. The airport—slated for Chinchero Valley, to the north of Cuzco's capital in neighboring Urubamba province—has now been pushed back until 2020. Local residents were eager for the region's first intercontinental airport to boost tourism revenues, and as a symbol of autonomy from Lima. Constantino Sallo, president of the Defense Front for the Interests of Chinchero District, demanded the government set a timetable of between 90 and 120 days to break ground on the project.