Peru
Peru: high court rules for indigenous rights
Peru's Supreme Court ruled Aug. 16 that decrees on application of the Prior Consultation Law recently issued by the Energy and Mines Ministry are unconstitutional. The legal challenge was brought by the nongovernmental Legal Defense Institute (IDL), which argued that the Ministry's guidelines called for "informational workshops" rather than a decision-making process. The high court agreed that the guidelines failed to conform with the International Labor Organization's Convention 169, which outlines standards for the rights of indigenous peoples. Peru ratified Convention 169 in 1994. The guidelines, principally concerning oil and mineral development, are voided by the ruling. (Gestión via No a la Mina, Aug. 17; La Republica, Aug. 16)
Peru: oil spill threatens rainforest reserve
Indigenous leaders in Peru's northern Amazonian region of Loreto on Aug. 10 protested that a leak from Pluspetrol's oil operations at the exploitation bloc known as Lot 8X is causing contamination within the Pacaya Samiria National Reserve, with which the bloc overlaps. Alfonso López Tejada, president of the Cocoma Association for the Development and Conservation of San Pablo de Tipishca (ACODECOSPAT) said that the reserve is "every day more unprotected against oil spills." (RPP, Aug. 11; El Comercio, Lima, Aug. 10)
Peru: police 'death squad' leader absolved
A court in Trujillo, Peru, issued a ruling July 23 absolving former National Police colonel Elidio Espinoza and nine troops who served under him in the deaths of four suspected "delinquents" in the coastal city in 2007. Espinoza, who was accused of operating a "death squad" within the National Police, had been sentenced to life in prison by the Public Ministry, the branch of Judicial Power with authority over government officials, for the crimes of kidnapping, homicide, and abuse of authority. After the ruling was issued, Espinoza led his supporters in a public celebration in Trujillo's Plaza de Armas. (Peru21, RPP, July 23)
Peru: Culture Ministry halts Camisea expansion
Peru's Vice-Ministry of Inter-Culturality (VMI) on July 12 issued a critical report temporarily blocking expansion of the country's biggest gas project and asserting that two "isolated" indigenous peoples living in the area could be made extinct if it goes ahead. The VMI report is a detailed review of the Environmental Impact Assessment (EIA) of the planned expansion of the Camisea project in the southeast Amazon, which was written by the operating company, Pluspetrol, together with UK consultancy Environmental Resources Management (ERM). Approval of the EIA is currently pending by Peru's Ministry of Energy (MEM). According to the VMI, the health, "traditional economic activities" and ways of life of the indigenous peoples in "initial contact" and "voluntary isolation" would be severely impacted and two of them, the Nanti and the Kirineri, could be made "extinct."
Peru: pro-coca lawmaker ordered imprisoned
The First Supra-provincial Court of Lima on July 30 issued an order of preventative detention against ex-lawmaker Nancy Obregón, on suspicion of narco-trafficking and "collaboration with terrorism." Obregón, who rose to prominence as a leader of peasant coca-growers, was taken into custody by troops of the National Anti-drug Directorate (DINANDRO), and turned over to judicial authorities for interrogation. Her case will then return to a judge who will decide whether she is to be held for the full 15 days permissible under Peruvian law.
Peru: general strike against labor reform
On July 27, the day before Peru's independence day celebrations, the country's General Workers' Confederation (CGTP) and the activist network #Tomalacalle (Take the Streets) marched through the center of Lima, seizing avenues in defiance of riot police backed up with armored vehicles, to protest the new Civil Service Law passed earlier this month. CGTP secretary-general Mario Huamán pledges to launch a general civil strike in August to demand repeal of the law. The bill's passage in early July saw angry protests in cities throughout the country, with tear-gas used to disperse demonstrators in Arequipa and elsewhere. The law, introduced to Congress by President Ollanta Humala, limits collective bargaining for public-sector employees to work conditions and not wages, yet restricts the right to strike to only after "mediation or negotiation mechanisms have been exhausted." It also imposes strict evaluation measures the CGTP says threaten job security. Lawmaker Verónika Mendoza (Popular Action/Broad Front) is preparing a measure to have the law annulled as unconstitutional. (La Republica, July 28; Peru21, July 27; El Comercio, July 19; El Comercio, July 4; La Republica, July 3)
Peru: Montesinos cleared in bloody 1997 raid
The Penal Chamber of Peru's Supreme Court on July 21 affirmed its acquittal of imprisoned former intelligence chief Vladimiro Montesinos of homicide charges related to the 1997 military raid on the Japanese ambassador's residence in Lima after it was seized by guerillas of the now-defunct Tupac Amaru Revolutionary Movement (MRTA). Two commandos, one hostage, and all 14 of the guerillas were killed in the operation, code-named "Chavín de Huantar." Two commandos who oversaw the operaiton, Nicolás Hermoza Ríos and Roberto Huamán Azcurra, were also cleared of homicide charges in the ruling. The three had been acquitted last October, but prosecutors requested a review of the earlier ruling on the basis of forensic evidence. The high court admitted that at least one of the "terrorists" (as the guerrillas are almost universally refered to in Peru's press), Eduardo Cruz Sánchez AKA "Tito," had been "executed"—shot to the head after he had already surrendered to the commandos. But the court found that it could not be determined who shot him, or if orders were given for the killing.
Day of mining protests throughout Andean nations
July 22 was declared a Global Day of Action Against Mega-Mining, with protests held throughout the Andean nations under the banner "No to mining, yes to life." Among the most significant actions was a mobilization by local campesinos on the site of the Conga gold mining project in Peru's Cajamarca region, which was occupied by protesters carrying their giant green-woven Mother Earth flag. In Argentina, protests were reported from the mining-impacted regions of Chubut, Catamarca and Mendoza, with a solidarity march in Buenos Aires. (La Republica, Lima, Terra, Argentina, July 22) In the far south of Chile, the local Austral Defense Front marched in Punta Arenas to protest open-pit coal mining on nearby Riesco Island. (Radio Popular, Punta Arenas, July 22) In Maipú, on the outskirts of Santiago, residents marched to demand closure of the open-pit mine at Quebrada de la Plata they say is contaminating local drinking water. (Diario UChile, July 24)












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