[WSF-Discuss] Fwd: End police attacks on peaceful indigenous protesters

[Jai Sen]

Saturday, June 20, 2009

For those who want to go a bit deeper and also know ‘the other  
side’ : The official positions taken by the governments of Peru and  
the USA, on recent events in Peru.

             JS

fwd

Begin forwarded message:

> From: Ben Powless <powless at gmail.com>
> Date:  June 20 2009 4:33:36 AM GMT+05:30
> To: amazon-solidarity-peru at googlegroups.com, IEN <Ien at igc.org>,   
> Carlos A Quiroz <qc.carlos at gmail.com>, Tupac Enrique  
> <chantlaca at tonatierra.org>,  comunicaciones at aidesep.org.pe, Judy  
> Rebick <jrebick at ryerson.ca>,  Brian Murphy <brian at radicalroad.com>,  
> Jai Sen <jai.sen at cacim.net>
> Subject: Fwd: End police attacks on peaceful indigenous protesters
>
> I knew I had this somewhere - the US Embassies compilation of lies  
> and misinformation, in large format.
>
> ---------- Forwarded message ----------
> From: Cecilia Campana <ccampana at embassyofperu.us>
> Date: 2009/6/12
> Subject: RE: End police attacks on peaceful indigenous protesters
> To: Ben Powless <powless at gmail.com>
>
>
> Washington, DC, June 12, 2009
>
>
>
>
>
> In response to your message, please find herewith a press release  
> and a report about the background and context of the recent riots  
> in Bagua, Amazonas, Peru.
>
>
> Sincerely,
>
>
> Embassy of Peru
>
>
>
>
> PRESS RELEASE
>
>
> It has been widely reported that on June 5 and 6, riots took place  
> in the North Eastern part of Peru, particularly in the Province of  
> Bagua located in Amazonas Region. These disturbances have caused  
> the death of 33 people, 24 of which were agents of the National  
> Police and 9 civilians; as confirmed by the Ombudsman and the  
> Prosecutor’s office. The Peruvian Government deeply regrets the  
> loss of life of all our fellow countrymen which the country and its  
> institutions mourn.
>
>
> Regarding this issue, the Embassy of Peru would like to share the  
> following information:
>
>
> 1. At end June 2008, the Government enacted Legislative Decree 1090  
> “Forest and Wildlife Law” under special powers provided by  
> Congress. This law met the opposition of the native inhabitants of  
> the Amazonian region. After a negotiation process in which the  
> mentioned inhabitants were represented by the “Interethnic  
> Association for the Development of the Rainforest” (AIDESEP for its  
> acronym in Spanish), Congress approved Law 29317 in January 2009,  
> which reflected the proposals presented by AIDESEP and the views of  
> other organizations in order to modify LD Nº 1090.
>
>
> Notwithstanding AIDESEP continued to demand the repeal of LD Nº  
> 1090 and Law Nº 29317. Initially, they took the appropriate legal  
> steps to ask Congress for a repealing of these laws (by presenting  
> a demand of unconstitutionality to Congress which, if approved,  
> would be submitted to the Constitutional Tribunal for a final  
> decision). At the same time they started a series of demonstrations  
> in different zones of the country, including the Province of Bagua,  
> interrupting the provision of basic services as well as food  
> transportation.
>
>
> On May 20th 2009, the Government opened an opportunity for dialogue  
> and established a Multisector Standing Committee chaired by the  
> President of the Cabinet of Ministers and comprising 9 ministers, 7  
> representatives of AIDESEP and 3 other members of civil  
> organizations. The Multisector Standing Committee which was  
> installed on May 26th, could only held two sessions since the  
> process was interrupted on June 1rst, when the representatives of  
> AIDESEP decided to withdraw from the dialogue.
>
>
> Without waiting for a solution to their demands under the legal  
> procedures which was running in parallel, AIDESEP radicalized its  
> demonstrations. This compelled the Government to declare the State  
> of Emergency in early May. However, it was not until June 5 when  
> the situation worsened that the National Police was given  
> instructions to take measures in order to reestablish public order  
> and guarantee the safety of the population of Bagua. By this time  
> the seizing of roads, public services and private installations had  
> entered its 55th day.
>
>
>
>
> 2.- The Government of Peru rejects the news that have been  
> circulated that it has used force in a disproportionate way,  
> causing a high number of injured and dead among the civilian  
> population. The majority of victims who were cold blooded murdered,  
> as has been mentioned before, were agents of the National Police  
> who received orders to act with extreme tolerance toward the  
> protesters.
>
>
> 3.- The Government also denounces that AIDESEP has been spreading,  
> in an irresponsible manner, the idea that the mentioned legislation  
> threatened the ownership of the land by the native population. The  
> Government of Peru reiterates that neither the LD Nº 1090 nor its  
> amending law affects in any way the property of the indigenous  
> peoples. It is legally established that the 12 million hectares are  
> rightfully owned by the 400,000 inhabitants of the Amazon, which  
> together with the 15 millions hectares of reserve areas for  
> ecological sanctuaries and natural parks are untouchable.
>
>
> 4. The Government has initiated a thorough investigation and will  
> make all the necessary efforts to clarify these events and punish  
> those responsible for them, with due respect to the citizens’  
> rights in the Peruvian Constitution and with due observance of the  
> rule of law, as it is characteristic of a democracy. Up-to-date the  
> President of AIDESEP, the one that instigated this violence, Mr  
> Alberto Pizango Chota has sought and obtained political asylum by  
> the Embassy of Nicaragua in Lima in order to evade justice.
>
>
> 5. The Government of Peru has requested the participation of  
> prominent people and the mediation of the Church in order to  
> reestablish the dialogue within the shortest time. The Government  
> believes that the restoration of the dialogue is essential for  
> addressing the concerns the indigenous people.
>
>
> 6. Congress has suspended the application of LD 1090 for 90 days to  
> allow its full review. The former legislation will be temporarily  
> in effect while the Multisector Standing Committee will be  
> broadened to enhance the representation of the indigenous communities.
>
>
>
> Washington, June 10, 2009
>
>
>
>
>
>
>
>
>
> EVENTS IN BAGUA, AMAZONAS
>
>
> It is of public knowledge that on June 5 and 6, 2009, there were  
> violent clashes between police agents and residents of the city of  
> Bagua, located in the Amazonas Region, on the North-East of Peru.
>
>
> According to official information, so far there are 33 deaths, 24  
> of them are police agents and 9 civilians. This information has  
> been confirmed by other government organizations such as the  
> Ombudsman's Office. Moreover, it has been confirmed that the  
> officers were cold blooded murdered. The Peruvian Government  
> regrets the death of the 32 fellow citizens and shares their  
> families’ grief.
>
>
> The Government of Peru, through its institutions responsible for  
> justice administration and law enforcement (Public Prosecutor,  
> Public Defenders, Ombudsman's Office, the Police and the Army), is  
> making every effort to clarify these unfortunate events, with due  
> observance of the principles of a democratic Government and the  
> Rule of Law.
>
>
> There are inaccurate versions circulating not only in Peru but also  
> internationally stating that the Peruvian Government had resorted  
> to the use of force in a disproportionate and arbitrary manner,  
> causing a high number of casualties among the civilian population.
>
>
> The Government of Peru has made public in a timely manner about the  
> actions adopted to restore security and public order, as well as to  
> normalize the provision of essential services which were  
> interrupted for 55 days. The residents who disturbed public order  
> have justified their actions arguing that the “Forest and Wildlife  
> Law” violates their rights, in particular property rights and that  
> the Law was passed before consulting them. The Government believes  
> that this position is the result of a flagrant disinformation  
> caused by the leaders of those communities.
>
>
> Peru has a long tradition and constitutional commitment to the  
> protection and promotion of human rights. In this context, it has  
> actively supported various international initiatives that seek to  
> recognize the rights of indigenous peoples, such as the Declaration  
> on the Rights of Indigenous Peoples of the United Nations. In fact,  
> the negotiating process that led to this agreement was chaired by  
> Peru from its inception until its enactment by the General Assembly  
> of the United Nations in 2007.
>
>
>
>
>
>
>
>
>
>
>
>
> BACKGROUND
>
>
> By Law No. 29157 published on December 20, 2007, the Congress  
> delegated legislative powers to the Executive branch on various  
> subjects related to the Peru-US Trade Promotion Agreement and to  
> support improvements in economic competitiveness.
>
>
> Under this provision, the Legislative Decree (LD) No. 1090 "Forest  
> and Wildlife law” was enacted on June 28, 2008. This norm updated  
> the old forestry system and aimed at promoting an orderly and  
> sustainable development of our natural resources for the benefit of  
> all Peruvians.
>
>
> On September 26, 2008, a group of representatives of the  
> Interethnic Association for the Development of the Peruvian Amazon  
> - AIDESEP- requested the abrogation of LD 1090, because in their  
> opinion a) it infringed their property rights and b) it was issued  
> without prior consultation as called for by Convention No. 169 of  
> the International Labor Organization (ILO) concerning Indigenous  
> and Tribal Peoples in Independent Countries.
>
>
> From January to June 2008, the representatives of AIDESEP channeled  
> their concerns through the Peruvian Congress, holding a number of  
> meetings with members of relevant committees.  These deliberations  
> concluded with the drafting of an amended bill that included their  
> recommendations. The Ombudsman and the Legal Defense Institute  
> contributed with position papers to the drafting of the amendments.
>
>
> On January 14, 2009, the Law No. 29317 was passed. This Law amended  
> articles of the LD No. 1090[1].
>
>
> Notwithstanding, representatives of AIDESEP pressured to obtain the  
> repeal of both laws. By mid-April 2009, the AIDESEP’s leaders  
> prompted their associate members to adopt a more belligerent  
> stance, including demonstrations and roadblocks, which halted  
> transportation of cargo and passengers, and the supply of energy.  
> Simultaneously, the Congressional Constitution Committee continued  
> discussing the possible unconstitutionality of the LD 1090.
>
>
> As the interruption of public services and roadblocks worsened, on  
> May 9, 2009 the Government of Peru issued Supreme Decree No.  
> 027-2009-PCM declaring the state of emergency in certain districts  
> of Cusco, Ucayali, Loreto and Amazonas (Bagua). Pursuant to the  
> Convention on Civil and Political Rights and the American  
> Convention on Human Rights, the Peruvian Government informed its  
> decision to the General Secretariats of the United Nations and the  
> Organization of American States (OAS).
>
>
> On May 14, 2009, the President of AIDESEP, Alberto Pizango Chota  
> made a further call on associate members and allied political  
> forces to force a change of the Peruvian state model and to prepare  
> to declare a state of insurgency.[2]
>
>
> On May 20, 2009, and in part to address the lack of a national  
> legislative framework to norm the implementation of the ILO  
> agreement, the Peruvian government established a Multisector  
> Standing Committee in order to enhance the participatory process  
> and dialogue. The Committee comprised the Presidency of the Cabinet  
> and 9 other state ministries (Environment, Gender, Agriculture,  
> Energy and Mining, Education, Interior, Health, Transport and  
> Communications, Housing), 7 representatives of AIDESEP, a  
> representative of the National Institute of Andean, Amazonian and  
> Afro-Peruvians, and a representative of the mayors of the Amazon  
> area plus one representative of the Amazon’s regions Presidents.
>
>
> At the same time, on May 20, 2009, the Commission on Constitutional  
> Affairs approved the Report prepared by the minority in Congress  
> that supported the abrogation of the LD 1090, with seven votes in  
> favor, six against and one abstention. The Report was ready to be  
> presented to all members of Congress which if approved would have  
> been elevated to the Constitutional Tribunal for its final decision.
>
>
> The Government of Peru reaffirms, as it follows from the text of  
> the above mentioned laws, that neither the LD 1090 nor the amending  
> Law affect in any way the property rights of indigenous peoples. It  
> is legally established that the 12 million hectares are rightfully  
> owned by the 400 thousand native inhabitants of the Amazon, which  
> together the 15 million hectares of reserve areas for ecological  
> sanctuaries and natural parks are untouchable.
>
>
>
> DIRECT DIALOGUE PROCESS BETWEEN STATE REPRESENTATIVES AND THE  
> LEADERS OF INDIGENOUS PEOPLES[3]
>
>
>
> There has been substantive progress to promote dialogue with the  
> representatives of the indigenous peoples.
>
>
> A Dialogue Roundtable of the Multisector Standing Committee was set  
> up on May 26, 2009 and was chaired by the President of the Cabinet  
> of Ministers with the participation of the representatives of AIDESEC.
>
>
> After two meetings, the process was halted on June 1, 2009 by the  
> decision of the leadership of AIDESEP of suspending the dialogue.
>
>
> On June 4, 2009 the Peruvian Congress decided not to hold a plenary  
> session to debate and vote on the report that recommended the  
> abolishment of Legislative Decree 1090.
>
>
>
>
>
> RESTORATION OF PUBLIC ORDER
>
>
> The Peruvian National Police in coordination with the Ministry of  
> Defense, according to the Articles 166 and 137 of the Peruvian  
> Constitution, are in charge to restore and guarantee public order  
> in areas disrupted by violence.
>
>
> On June 5, 2009 the Government, in full power of its constitutional  
> rights, instructed the National Police to re open the Fernando  
> Belaunde Highway that was blocked by rioters in the location known  
> as Devil’s Curve. In that occasion the National Police agents were  
> attacked by organized rioters who acted violently against them,  
> executing 13 agents. 38 other police officers and 1 civilian were  
> taken as hostages when they were guarding Pump Station Number 6 of  
> the Peruvian North West Oil Pipeline.
>
>
> An urban mob that falsely claimed to represent the indigenous  
> populations attacked and burned down some public buildings and also  
> destroyed private property. Police agents, in the presence of  
> public prosecutors, arrested the rioters. The public prosecutors  
> will be in charge of conducting the investigation of possible  
> crimes and if applicable start criminal proceedings against the  
> offenders.
>
>
> In this context and due to the high number of persons detained as  
> suspects of criminal acts, the “El Milagro” Military Base is used  
> temporarily until the detainees are transferred to the locations  
> were they will be taken to court. It is important to mention that  
> this situation is closely monitored and supervised by the  
> prosecutors especially appointed to guarantee the life and security  
> of all parties involved. Legal public defenders have been appointed  
> to provide legal assistance to all involved parties.
>
>
> On June 6, 2009, it was learned that 10 of the police agents that  
> were taken as hostages the day before had been executed. These  
> police agents were instructed not to fire against the rioters.
>
>
> In light of these events, the next day the Government extended the  
> State of Emergency and established a curfew in Bagua. At the same  
> time, the judiciary ordered the detention of Mr. Pizango, but in  
> the event he has sought and obtained political asylum by the  
> Embassy of Nicaragua in Peru on June 8, 2009.
>
>
> The Ministry of Foreign Affairs of Peru informed of the declaration  
> of the State of Emergency to the Secretary General of the  
> Organization of American States and the United Nations.
>
>
>
> The Government of Peru has requested the participation of prominent  
> people and the mediation of the Church in order to reestablish the  
> dialogue within the shortest time.
>
>
> June 9. The Church agrees to mediate in the conflict.
>
> June 10. The Congress suspends the application of LD 1090, for 90  
> days to allow its full review. The previous legislation will be  
> temporarily in effect while the Multisector Standing Committee will  
> be broadened to enhance the representation of the indigenous  
> communities.
>
> FINAL COMMENTS
>
>
> The Government of Peru considers that the sequence of events above  
> described constitute a conspiracy against the democratic system, to  
> which the State has responded according to the Constitution  
> mandated authority.  The fundamental rights of all citizens  
> involved in these acts were respected without any kind of  
> discrimination, providing them with legal assistance and under the  
> supervision of relevant authorities. Once the judicial process  
> begins, all persons involved will continue to enjoy all the  
> guarantees provided by the law.
>
>
>
>
>
>
> The Government of Peru is determined to protect all citizens and to  
> take measures to prevent the resurgence of violence that may arise  
> through the exacerbation of the original conflict with due respect  
> to and observance of the Constitution.
>
>
> The Government of Peru reiterates its firm commitment to democracy,  
> the promotion and protection of Human Rights and the Rule of Law,  
> and its permanent will to engage in a constructive dialogue with  
> all parties involved.
>
>
>
>
> Washington, June 10, 2009
>
>
>
>
>
>
>
> From: Ben Powless [mailto:powless at gmail.com]
> Sent: Friday, June 05, 2009 8:03 PM
> To: Luis Valdivieso
> Cc: Eliana Moscoso; ysimon at pcm.gob.pe; rvasquezr at congreso.gob.pe;  
> LimaACS at state.gov
> Subject: End police attacks on peaceful indigenous protesters
>
>
> Mr. President Alan García,
>
> I am writing to express my deepest concern over the recent police  
> attack on peaceful indigenous protesters in Bagua, northern Peru.  
> Eyewitness reports from the field indicate that the police attacked  
> in the early morning, firing tear gas and live bullets that  
> resulted in the deaths of both protesters and police officers. I am  
> strongly urging your administration to immediately stand down,  
> refraining from using additional deadly force on indigenous  
> demonstrators.
>
> In the context of the Free Trade Agreement with the US, your  
> administration has attempted to roll back the rights of indigenous  
> peoples and open the Amazon rainforest to increased extraction of  
> natural resources by multinational corporations in contravention of  
> international laws and conventions that guarantee the rights of  
> indigenous peoples, including those ratified by Peru.
>
> In September 2007, the Peruvian government demonstrated true  
> leadership in introducing and supporting the United Nations  
> Declaration on the Rights of Indigenous Peoples on the floor of the  
> General Assembly. Today, your administration is acting in stark  
> contrast to its stated commitment to this Declaration.
>
> I respectfully urge your administration and the Peruvian Congress to:
>
> 1.Order an immediate cessation of violent police actions against  
> peaceful protesters.
> 2.Suspend the State of Emergency, withdraw your Special Forces and  
> decriminalize peaceful protests.
> 3.Uphold the constitutionally guaranteed rights of indigenous  
> peoples to self-determination, to their ancestral territories, and  
> to prior consultation and consent over any policies and activities  
> that affect them.
> 4.Repeal the series of contested Decrees passed when Congress  
> offered fast track authority to create laws facilitating the Free  
> Trade Agreement with the United States.
> 5.Enter into good faith meaningful process of dialogue with  
> indigenous leaders to resolve this conflict.
>
>
> Respectfully,
>
> Ben Powless
> Ottawa, Canada
>
>
> [1] The modified articles were: Article 1. Object of the law;   
> Article 4. National Plan for Forest and wildlife Development;  
> Article 6: National Forest and Wildlife Patrimony; Article 8 Forest  
> zonification;  Article 18. Economic compensation for the  
> utilization of forest and wildlife resources; Article 25:  
> Suppression of Vegetation Coverage in private land susceptible to  
> agriculture and pecuary; Article 37: Evaluation and control;  
> Article 41. Acquisition with good faith, confiscation and sanctions  
> of products or forest and wildlife species.
>
>
>
> [2]See:http://agenciaperu.tv/view_video.php? 
> viewkey=48894b8ea294e4f23b41&category=&section=12 y http:// 
> www.youtube.com/watch?v=WMwEiSiK3AM
>
>
> [3] See the paper prepared by the Presidency of the Cabinet dated  
> on 8.6.09: "Actions regarding the Amazonian communities strike,”  
> which states that "the Third Session of the Multi sector Committee  
> was not possible because of the absence of the representatives of  
> AIDESEP.
>
>
>
>
>
> -- 
> "In life we meet extraordinary people who follow us wherever we may  
> go" - Trisha Nagpal

______________________________
Jai Sen
jai.sen at cacim.net
CACIM, A-3 Defence Colony, New Delhi 110 024, India
www.cacim.net
Ph : +91-11-4155 1521, +91-98189 11325

NEW :
‘On open space : Explorations towards a vocabulary of a more open  
politics’, @ http://cacim.net/twiki/tiki-index.php?page=Publications  
(May 20 2009)

Check out both CACIM @ www.cacim.net and OpenSpaceForum @  
www.openspaceforum.net

Subscribe to WSFDiscuss, an open and unmoderated forum on the World  
Social Forum and on related social and political movements and  
issues. Simply send an empty email to worldsocialforum-discuss- 
subscribe at openspaceforum.net

P  Please consider the environment before printing this e-mail

Note : In case you are having problems opening any Word attachments I  
have sent you, you could try one of the following : (a) Put your  
cursor on the icon, do a right click, see ‘Open With’, and open with  
Word…; or (b), try saving the document onto your desktop or hard  
disc, and then opening it.  With apologies in advance if this advice  
seems to question your technological literacy…

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mail.openspaceforum.net/pipermail/worldsocialforum-discuss_openspaceforum.net/attachments/20090620/a9a8f380/attachment-0001.html>