[Indigsol] IPSMO Newsletter, June 25 - June 29
Angela Schleihauf
aschleihauf at gmail.com
Thu Jun 25 20:53:36 PDT 2009
IPSMO Newsletter, June 24th
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1) Ardoch- Pray for the Land, June 28th
2) Akwasasne has a New Women's Fire
3) Arrests of Indigenous Protestors
*3a) NYM Warrior Shark Refused Ransom (Bail) for Land Struggle*
*3b) Ottawa Citizen, Arrests near Pembroke*
4) Peru
*4a) Massacre in Peru: A Trip into the Amazon brings Answers and More
Questions, Ben Powless*
*4b) Peru revokes land-use laws, brokers peace with activists, Stephanie
Dearing*
*4c) Death at Devil's Bend*
*4d) Open Letter from Greg Macdougall and Response from Peruvian Embassy*
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1) Ardoch- Pray For the Land, June 28th
IPSMO will be arranging car rides to the Robertsville mine site. If you
want to go, contact us at ipsmo at riseup.net.
If you are planning to drive, and want to take people with you, contact
us: ipsmo at riseup.net
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Pray For The Land
June 28th 2009
On the Robertsville mine site
Participate in a universal call to prayer!
Human beings have an innate understanding of their relationship with the
earth and when the time comes we all welcome it among the most meaningful
obligations of our lives.
People of every faith recognise their sacred responsibility to care for
the earth. On June 28th, the Ardoch Algonquin First Nation is inviting
people of all faiths to join them again in praying for their homeland
which has been seriously harmed by uranium exploration.
If you have ever felt the need to speak up for creation and seek justice
for people who live close to the land please come to Robertsville to join
us. If you can’t come out to the land please encourage your faith
community to remember the Ardoch struggle when you gather together.
For information:
Robert Lovelace
705-748-9685
lovelace at queensu.ca
For a map to Robertsville, more pictures and site information go to the
Ardoch Algonquin First Nation Website: http://www.aafna.ca/
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2) Akwasasne has a New Women's Fire
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Check it out at:
http://www.akwasasnewomensfire.com
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3) Arrests of Indigenous Protestors
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*3a) NYM WARRIOR SHARK REFUSED RANSOM (BAIL) FOR LAND STRUGGLE,
RCMP TARGETS HIS WIFE FOR REFUSING TO BE SILENT
**[pigs are perfectly good animals and shouldn't be confused with police
officers.- ed]
*Native Youth Movement Warrior Shark is still denied bail by KKKlanada
and the illegal province of so-called british columbia. He is being held
captive for defending the Land and Secwepemc women and children against
sun peaks resort corporation and their mercenaries the royal canadian
mounted pigz (RCMP). His illegal capture took place on Thursday, May
21^st , 2009, almost 8 years after he was charged with defending the
Land and People. Now his wife is being targeted for being a community
organizer.
Sun Peaks Resort Corporation is illegally built on Un-Surrendered
Secwepemc Territory. In 2000 Secwepemc people moved back to the Land
surrounding Sun Peaks to stop their illegal expansion and destruction.
Immediately the people were targeted, over 70 arrests have taken place
in an effort to chase the people back to the reserved concentration
camp. The Secwepemc continue to oppose Sun Peaks' destruction as well as
all destruction to the Land, Water and Air.
Shark's wife, Miranda Dick, a mother of 5 is a part of the Secwepemc
Womens Council and a Warrior for the Land and People. She has been
targeted by the RCMP and threatened with criminal charges for refusing
to be silent about Shark's capture and her uncompromising stance to
protect her ancestors remains and sacred sites from the highway and
railways destructive illegal expansion.
A RCMP officer, from the Chase detachment, approached the Neskonlith
Chief and Council and said Miranda could be charged with Fraud for
collecting donations towards Shark's legal costs while she is on social
assistance. The RCMPigz are trying their best to use fake petty threats
to shut Miranda and the Secwepemc people up. They want Shark to be
isolated and the world stay uninformed about the Indigenous Land fight
here in so-called british columbia. KKKlanada does not want anybody to
know about the destruction that Sun Peaks, the Highway and Railway
expansion, Mining, IPP's (Dams), and the oil pipelines and tar sands are
doing to all Life. Their attempts to scare off community support and
create in-fighting will fail, the people are smarter than that. The
People will not be silenced, we are Earth's Army, here to speak for the
speechless and defend the defenseless.
A day before Shark was arrested, a Mohawk Warrior, Gator was arrested
for defending his Land from illegal destruction (development). In the
same time frame, the RCMPigz threatened Miranda (through DIA chief &
council) 15 individuals were harassed and targeted by the Vancouver
Integrated Security Unit (VISU) for organizing against the 2010 Winter
olympics, to be illegally held on Un-Surrendered Native Land. Also over
100 Native People were massacred in Peru for stopping illegal
destruction on their land. In Oaxaca, Native people fighting a mine were
attacked by mexikkkan police and military. In Mohawk Territory, our
brothers and sisters are refusing to allow armed boarder guards on their
land and have been roadblocked onto Cornwall Island by KKKlanadian and
ameiKKKan forces. We are Unified with all Indigenous People Worldwide,
we must know each other and our struggles, so we can help each other
defeat the enemies of the Earth.
World War 4 is here, the last battle of Nation states vs. Indigenous
People and the Land. What would Crazy Horse do? Native people will not
sit by and be silenced and massacred, our brothers and sisters in Peru
have killed over 20 police in response to the massacre of their people,
our ancestors are with us we stand in full solidarity with our people in
the Amazon, we will defeat these illegal rs invaders, have no fear.
Write to Shark at:
Joseph Romandia
05474879
Box 820
Kamloops, BC
V2C 5M9
We will not stop until we win! No Surrender!
We are seeking donations from all those out there that support the
Indigenous struggle for land and Freedom. All those that support Native
youth, here is your chance to make a donation for a good cause.
All donations can be made to:
Skwelkwek’welt Protection Centre
c/o PO Box 837
Chase, BC
V0E 1M0
Miranda Dick
Royal Bank (in the midst of switching to climate friendly banking)
Shuswap Ave., Chase, BC
Transit # 00880
Account # 5055447
If you are sending donations from the US, please send “international
money order” or it will take 30-business days to clear for cheques and
other money orders.
Any donations that would like to be made contact:
resistance515 at hotmail.com
<mailto:resistance515 at hotmail.com<resistance515 at hotmail.com>
>
for more info see below article.
Sun Peaks Court Order - Economic Racism?
The Supreme Court of British Columbia banned Aboriginal political
presence at Sun Peaks in an interlocutory injunction on September 3,
2004. The interlocutory injunction prohibits the Skwelkwek'welt
Protection Center from having a camp at SunPeaks to monitor the
destruction and sale of their land. People who are at the camp now
could be arrested at any time. This decision completely ignores or
recognizes any value to our Secwepemc indigenous economy.
The Honourable Madame Justice Satanove accepted an Order drafted by
Darcy Alexander, Vice President and General Manager of Sun Peaks and
Frank Quinn, Lawyer and Sun Peaks Investor. The Order gives the Royal
Canadian Mounted Police (RCMP) orders to stop and arrest any Indian
person and their friends who they suspect are going to occupy land at
the base area of Sun Peaks. People arrested under this provision would
be charged with “Criminal Contempt of Court”.
The BC Court Order totally endorses Sun Peaks’ economic interests and
denies the fact that indigenous peoples do have economic rights,
including the right to politically defend and protect their proprietary
interests when they are being willfully ignored by the federal and
provincial governments and industries like Sun Peaks.
Justice Satanove totally backed up Darcy Alexander and Frank Quinn's
condominium and townhouse development. Frank Quinn stated in his
Affidavit that he is building 60 condominiums and 48 townhouses.
Condominiums at Sun Peaks average about $255 thousand dollars a unit
which totals to $15 million dollars. Townhouses average approximately
$445 thousand dollars which totals $21 million dollars. The total sale
to be made by Frank Quinn under this Court Order is $36 million
dollars. Mr. Frank Quinn said in his Affidavit that “if the camp is not
removed, I believe sales for both these projects will be negatively
affected”.
Darcy Alexander tried to discredit the efforts of the Skwelkwek’welt
Protection Center by using a controversial and questionable Press
Release issued by the Shuswap Nation Tribal Council (SNTC). Darcy
Alexander submitted the SNTC Press Release as “Exhibit D” and said in
his Affidavit that “the Shuswap Nation Tribal Council, which does
represent local Indian bands, has issued a press release objecting to
the protest.” At the BC Supreme Court hearing Sun Peaks’ legal counsel
said the so called protestors did not represent any body and were
opposed to by the Shuswap Chiefs. Madame Justice Satanove used the SNTC
Press Release to justify her prohibition order.
The Skwelkwek’welt Protection Center did argue before the BC Supreme
Court that Aboriginal Title does have an economic component and that
this economic aspect of Aboriginal Title needs to be taken into account
in the “balance of convenience test” used to decide who is going to
suffer irreparable economic harm. It is clear that Frank Quinn would not
suffer anything by having to wait until our Aboriginal Title matters are
dealt with, but we would suffer immediately if he is allowed to build
the 60 condominiums and 48 townhouses. This was totally ignored.
The BC Supreme Court was briefed that the World Trade Organization (WTO)
did take our economic interests into account when the Indigenous Network
on Economic Trade (INET) had three amicus curiae submissions accepted in
the Canada US softwood lumber dispute. In those submissions it was
argued that “the federal government’s non-recognition of Aboriginal
Title is a cash subsidy to the Canadian forest industry”. This also
applies to the land that is being sold by Darcy Alexander and Frank
Quinn. It is clear that BC Supreme Court on this matter is living in the
dark ages when indigenous economic interests are valued at zero but when
the same property is granted to white investors it is valued at current
market values. This is a form of systemic economic racism.
The BC Court Order was drafted by Darcy Alexander and Frank Quinn and
basically prohibits any Indian person from going to Sun Peaks, because
it makes them subject to immediate questioning and possible arrest
for Criminal Contempt of Court. The BC Court Order does have some
limitations in the area and in terms of purpose but on the ground Indian
people always feel extreme duress under any prohibition enforced by the
RCMP. This has been described in many Indian criminal justice reports.
In fact the sign “No Indians Allowed” is being enforced by this BC Court
Order. It is based upon giving developers and real estate agents an
“Indian Free Zone” to sell our land under the protection of an
injunctive remedy by the BC Supreme Court. This kind of lopsided
valuations needs to stop if the economic conditions of our people are
going to meaningfully and substantially improve. Aboriginal title does
have a macro economic component.
The provincial government did argue that other alternatives do exist
like the Haida Case but they were reminded that the province has not set
a process to implement this. And that the decision to approve Phase 2,
and the $285 million dollar expansion was not subject to the Haida
process so their position was basically only giving lip service to the
Haida decision. The BC government said they did not want to stand on
their “Trespass Notice” but only on public interest arguments.
It is clear that the BC government realizes that Trespass is pretty hard
to defend against Aboriginal people who have Aboriginal Title. In fact
the Supreme Court agreed with the province to skirt around the Trespass
issue and focus on the behavior of the Secwepemc people and supports
living at the camp as being a nuisance.
The avoidance of dealing with Trespass however does not make the sale of
the condominiums and townhouses legally perfect from a private property
point of view. It is clear that the province and Sun Peaks are making
these sales with the full knowledge that the Secwepemc peoples reject
these real estate deals. The only support they got is from the Shuswap
Nation Tribal Council, who does not have Aboriginal Title at Sun
Peaks. Aboriginal Title belongs to the Secwepemc peoples collectively
and actually use and defend their land according to their traditional
values, knowledge and activities.
Right now there are about 12 people at the Skwelkwek’welt Protection
Center camp and they are subject to this Court Order. I feel these
people are on the front line defending the indigenous economic interests
of our peoples. The traditional values, knowledge and activities they
defend are the basis of our economic rights as indigenous peoples. I
fully support them in their committed effort to expose the way the
Canadian judicial system's “injunctive remedy” is the legal means to
impoverish our peoples.
Our people will not get one cent form Frank Quinn’s $36 million dollar
real estate deals – with our land – the only outstanding question is
what did the Shuswap Nation Tribal Council get from Frank Quinn, Darcy
Alexander and Sun Peaks?
------------------------------
*3b) Ottawa Citizen, Arrests near Pembroke*
The arrest Wednesday of six First Nations protesters near Pembroke could be
a part of what is shaping up to be a summer of discontent among Ontario
natives frustrated over a growing list of outstanding issues.The
protesters, led by Grant Tysick, chief of the Kinounchepirini
Algonquin, were arrested in the early morning after a 34-hour blockade
of a gravel quarry west of Pembroke.The blockade at Eastway
Developments on Henan Road was broken up by Upper Ottawa Valley OPP
officers and members of the OPP's Emergency Response Team around 5:30
a.m. Wednesday.The men were arrested without incident and there were no
physical confrontations of any kind, police said.The
Algonquins oppose Eastway's resource extraction without compensation as
well as the company's plans to build a subdivision on what they
consider to be traditional Algonquin land.Tysick said the
community is willing to let both projects go ahead as long as Eastway
consults with the community and agrees to negotiate with them for a
share of the resources and profits.Eastway Developments
president Dan Bedard did not return the Citizen's phone calls Thursday,
but the company's vice-president, Jimmy Lapointe, told the Pembroke
Daily Observer on Tuesday that the blockade was "a totally illegal
act."Another
native protest was expected today at noon by members of the Beausoleil
First Nation in Simcoe County. A press release issued by the Union of
Ontario Indians said natives were planning what was described as a
peaceful protest against a landfill now under construction near
Georgian Bay. The landfill, known as Site 41, is only eight kilometres
from Georgian Bay and adjacent to the Tiny Marsh Bird Sanctuary.On
May 9, a protest by hundreds of Mohawks temporarily closed the Seaway
International Bridge at Cornwall. Natives there are upset by government
plans to arm border guards at a customs checkpoint on the Akwesasne
reserve. Mohawks claim arming border guards is a violation of their
sovereignty and endangers the lives of community members who make
frequent crossings to the U.S. section of the reserve.These grievances
join a list of other issues still simmering.In
Ottawa, plans for redevelopment of the former Rockcliffe air base have
been on hold since 2007 due to an extensive land claim by Ontario
Algonquins. Negotiations are ongoing.Two years ago, near Sharbot
Lake, a blockade by two groups of Algonquins held up exploratory
drilling for uranium. A deal was struck late last year to allow limited
drilling by the mining company, Frontenac Ventures.In April and
June 2007 in the Bay of Quinte area, Highway 401 and the CN rail tracks
were blockaded by Mohawk protest leader Shaun Brant. His own Tyendinaga
band and national native leaders attempted to distance themselves from
Brant's actions, and he eventually received a three-month conditional
sentence.In Caledonia, just outside Hamilton, it has been more
than three years since members of the Six Nations blockaded a street
for a month to protest construction of a subdivision. That was followed
last year by a six-day blockade of the Caledonia highway overpass. Last
Friday, OPP charged an Oshweken man with pubic mischief for his part in
the protest, according to media reports in the Hamilton area. Talks in
the land dispute continue.Meanwhile, in
Pembroke, all six protesters who took part in the blockade of the
quarry were charged with mischief for obstructing lawful use of
property. Tysick was the only one held by police and he was released
after agreeing to bail conditions that prohibit his involvement in any
other protests and prevent him from associating with the other
protesters. Tysick is scheduled to appear in court on June 2.Tysick
said Thursday he plans to abide by the conditions of his release, and
he's hopeful that another blockade won't be necessary.Ottawa lawyer
Michael Swinwood is representing the protesters."The
position that we maintain would be that the OPP and the province of
Ontario are outside their jurisdiction," he said. "So they're
essentially the ones that are acting illegally and not the sovereign
Algonquins."Swinwood said he plans to apply for a writ of
prohibition on the charges against the protesters in order to take the
jurisdiction claims to a higher court.© Copyright (c) The Ottawa Citizen
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4) Peru
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**
*4a) Massacre in Peru: A Trip into the Amazon brings Answers and More
Questions*
Dear Friends and Allies,
I've recently published this article at
http://rabble.ca/blogs/bloggers/ben-powless/2009/06/massacre-peru-trip-amazon-brings-answers-and-more-questions-
please take the time to read and pass along.
My photos are still available at
http://www.flickr.com/photos/powless/sets/72157619320374511/ as well. This
article lays out the trip I made with other Indigenous leaders and
journalists into the Amazon recently. As of Monday, I have returned to
Canada. I would like to thank AIDESEP and the communities for their support
and for allowing me this honour to enter their lands.
You may have heard news recently that the government has given into
Indigenous demands - much of this is certainly to be applauded, but they
must still withdraw the remaining laws in question (there were 9, 2 have
been withdrawn) and stop the persecution of Indigenous leaders and the
militarization of the Amazonian communities to bring this to a peaceful end,
while the Interior Minister should resign too, at a minimum. You can read
this on the AIDESEP website in Spanish here.
In solidarity, nia:wen (thank you)
Ben Powless
Massacre in Peru: A Trip into the Amazon brings Answers and More Questions
By Ben Powless
| June 19, 2009
I arrived into Lima's Jorge Chavez International Airport on Friday June 5th,
after a personal trip to Cuzco and Machu Picchu. I had come to Peru for a
5-day Indigenous summit in the southern Peruvian Andes and decided to take a
few days off at the end to see these world-renowned sights, thinking I may
not have the chance again. At the summit, we had been informed there of the
situation on the ground in the Amazon. Alberto Pizango, president of the
organization AIDESEP, the Inter-ethnic Association for the Development of
the Peruvian Amazon, which represents 400,000 Indigenous Peoples of the
Amazon, had even come to the summit to speak. So on Friday, waiting for my
plane back to Canada, I was alarmed to hear of the crisis unfolding in the
Amazon, but felt remorseful that I would be leaving now, in the moment of
crisis. That is, until the security guard came looking for me to inform me
that my flight had been cancelled. Suddenly, I was free. They let me book
another return ticket to Ottawa, so I had them give me a week more in Peru.
The next day, I headed into the offices of AIDESEP, urged on by a friend
from the Ecuadorian Amazon who said they could use help. Immediately I was
put to work in the communications office, helping translate, taking photos
and audio of the press conference that morning, and looking into
international press and assistence. When I finally had the chance to meet
with the acting director, Pizango having already gone into hiding after a
warrant was issued for his arrest, he offered me the opportunity of a
lifetime. I was to head into the Amazon itself with a delegation from
AIDESEP, one of their lawyers, and some press. They needed a delegation from
their central offices in Lima to talk with the people, take pictures and
collect information, and I jumped at the opportunity.
That's how a week later I ended up in Jaen, an hour outside the town of
Bagua, where the tragic events of June 5th were centered. On Monday, June
8th I returned to the office, which was in turmoil, and it took hours before
anyone had enough free time to chat. I posted an article I had written
online, and worked to get it distributed far and wide, being one of the few
English language articles at the time to go in-depth about the events here.
I had another meeting with some AIDESEP leaders, and they told me that the
next day I was to head to the Amazon area to assist. It was settled.
The next day I came back once again to the office, and spent the day working
again, responding to many emails and a number of interview requests. Later
that night, we boarded a plane to Chiclayo, the closest town to the events,
the lawyer not making it due to miscommunication, but picking up two
journalists, a photographer and a documentary maker along the way. Arriving
at the airport, we caught a 5 hour ride to Jaen, since we couldn't directly
enter Bagua, which was under military curfew. The next day, we travelled
immediately to Bagua to begin reconstructing the events.
Here's the official story, up to that point: starting 55 days prior, Amazon
groups had begun a Regional Strike, shutting down a number of transportation
routes and oil facilities. The strike had been peaceful, the demands being
the retraction of a series of laws that were passed that would open large
swaths of the Amazon to foreign companies, including oil, mining, logging
and agricultural interests, which Indigenous groups feared would ruin the
environment irrevocably and threaten their very future. They asserted the
laws would open up about 70% of the Amazon to foreign companies. Moreover,
the process of arriving at these laws was a violation of ILO Convention 169
and the UN Declaration on the Rights of Indigenous Peoples, which say
Indigenous groups have the right to be involved in any decision making which
affects them, and have the right to free, prior and informed consultation
over any projects in their territories.
On June 5th, minutes before 6am, police were given the order to remove
protestors from a stretch of road known as the Devil's Curve, where a few
thousand Indigenous people had gathered for weeks. Suddenly, the approach
turned from conversation to confrontation. A few hundred police had decided
to descend from the hills overlooking the highway, provoking surprise and
interest from the Native groups, who weren't expecting the police at all.
They went up to talk and plead against violence, but words failed, and
according to many who were present at the incident, the police began to
shoot at the Natives. This provoked a few responses - many chose to flee,
returning down the mountain, while others took this as a call to war, and
climbed up, the Awajún and Wambi being renowned as warrior nations. Armed
with only spears, they tried to defend themselves, but many fell before the
automatic weaponry of the police's special forces. In the fog of war, nobody
can say exactly how many were lost, but we do know over a hundred were
wounded.
Soon after, at least one helicopter seems to have shown up over the horizon,
according to different accounts, shooting tear gas, bullets, and/or
incendiary bombs. Many were fleeing at this point, and ambulances and
private vehicles began to take away a number of the victims to the nearest
town, Bagua Chica, a few kilometres down the road. At some point, a number
of armoured vehicles (referred to as tanks by locals) of the DIROES - police
special forces - began to come down the road, unloading more police
outfitted for war. The attack continued with more teargas and bullets
raining down on protestors, who began to retreat, under cover of the partial
fog of teargas and some fires that had been lit on the road. Eventually the
protestors were forced away from the Devil's curve, and proceeded back to a
split in the highway kilometres away, only hours later. Police continued the
assault until nearly all the protestors had fled the area. This was the end
of the major clashes on the highway, leaving many Native protestors dead and
wounded on both sides, but marked the beginning of many unanswered
questions.
In Bagua, the town in closest proximity, an incredible turn of events
brought about a number more dead and wounded among the civilian population.
Shortly after the police began their operation, the casualties of the battle
unfolding began to reach the hospital in Bagua. The reaction amongst the
citizens of Bagua - a predominately Mestizo/non-Indigenous town - was
telling. Reacting in indignation, solidarity, outrage, perhaps even fear,
the townspeople revolted. Many gathered -unarmed - in the Plaza de Armas,
the main square that touches on the municipal building, the church, and the
police commission. By 8am, the town itself had turned riotous, throngs of
angry protestors massed outside the police building, wanting justice,
wanting to make sure the events transpiring minutes out of town didn't
repeat themselves. At this point, the aim seemed to be to not allow more
reinforcements into the town from the highway, or onto the highway from
town.
Regardless, the police response sealed the fate of a number of protestors.
As numbers swelled outside, rocks shattered the glass and the calm of the
town. Police ascended to the rooftop of their concrete building, and began
firing upon the crowd. Not only teargas, but live bullets dispersed much of
the crowd. The worst was over within a few short hours, leaving a few dead,
and many more wounded, taken to the hospital nearby. Among those mortally
wounded was Felipe Sabio, 30, an Indigenous leader from Wawas, an Amazon
community a few hours way. In total, there would be at least 10 civilians -
with the true number being potentially much higher - and 24 police dead as a
result of this day of indiscriminate violence that seemed to accomplish so
little.
This much, we thought we knew going in. We would have to return to ground
zero to unearth the real story.
Arriving the morning of Wednesday, July 10th, we met with Leandro Calmo,
Vice President of ORPIAN, Regional Organization of Indigenous Peoples of the
North Amazon. He explained to us that the official figure of only 9 deaths
on the civilian side was too low. The Apus, the leaders/elders of the
communities, had reported that many people failed to return from the
protests. Many communities, of course, were a good distance from this area -
four or five days journey, for some, so people would be just returning now
to their communities, and there were over 300 communities that took part, so
just amassing the information would be its own challenge.
Adding to this, Leandro related, there were witness reports coming in that
helicopters had landed in the area to take away bodies, and that bodies had
even been thrown into the rivers. Confounding the situation were the
military, who for five days following the incident had prohibited all access
to the area, even by the district attorney and local municipal officials who
were conducting their own investigation. They just wanted to find their
relatives, he said, so that they can return them to their communities. That
was their only desire, at this point.
Another leader from ORPIAN, Edwin Montenegro Davila, also shared his version
of the events from that day. He said at about 5:30 am is when they noticed
people descending the mountain, and many of the protestors went to
investigate, not suspecting police. They were surrounded. They tried to talk
to police - asked them not to shoot, but the yelling started immediately,
and the bullets soon after. Two of his compatriots were shot immediately.
People made a hastened retreat under cover of spears and rocks. He went back
to recover a fallen comrade, but was told by police to leave the man, or he
would be shot as well.
We asked about the reason for the protest. On this point, nearly all answers
we received were identical. People had left their communities, made the
journey, and camped out, surviving off little more than yucca and bananas,
for one simple reason. They wanted to protect their forest. "The forest is
our supermarket, the forest is our store, the forest is our pharmacy,"
related Edwin. They weren't against development, they said, but want a
better alternative. Were they the savages? No, they replied; look at how the
states waste resources. They were proper scientists, who protected the
forest, who protected humanity against climate change. This was the message
they wanted to share with the world.
The call came in that local officials had been granted access to the area
that morning, and had just completed their initial ground search. We hired a
van to bring us out to the site. There we met up with Héctor Requejo, mayor
of the province of Condorcanqui and the President of the Regional Grouping
of District Attorneys, Dr. Oswaldo Bautista, who told us what they had been
able to come up with, after a semi-exhaustive search. The result - very
little. Remnants of the confrontation, mostly, some bullet casings and spent
tear gas canisters, but it looked as if most everything else had been
cleaned up.
They had received reports of 20 people total being killed as well in the
battle, and heard reports of bodies thrown in the river, but not been able
to find any evidence. The most we could get from them was an admission that
it was suspicious that police would restrict access to the zone until almost
a week later. This was it - the centre of the conflict, the only signs it
had taken place were spent ammunition and a burned mountainside, which had
gone up in flames during and after the battle, raising speculation in turn.
Little answers there, so instead we headed over to the hospital to see if
people there knew more, had seen more. Already, most of the protestors had
left the area for their communities, so the few Indigenous protestors who
were left were mostly in the hospitals or the jails. We first met up with
Paul Ukuncham Pascual, of Orocruz, of 22 years of age, who actually belonged
to the military, as was not uncommon we found out. He had been among the
first up the hill before police opened fire, he said, before being shot in
the arm and side.
Roger Petsa Najantai, of Rio Santiago, 30 years old, had a similar encounter
which left him with two shots to the leg, to be taken away by ambulance.
Another young man by the name of Paulo Bitiap Lopez, 24, from the Shughung
Community in Chiriaco had been shot from above, with the bullet entering his
shoulder and exiting his side. He had traveled a week from his community to
arrive, and had been there for 58 days at that point, his stated intention
to protect the land. He lamented that the same Peruvian peoples were killing
each other, when all they wanted was a peaceful solution.
Lastly, as many had already left the hospital, we ran into Daniel Torres
Nanai, who hadn't been shot in the violence on the highway, but rather in
Bagua, the town itself. At 8:30am he had been two blocks from the plaza,
when the people decided to rise up, knowing of all the deaths, he related.
There was talk of taking the police commission, but instead the police got
on their roof and fired live rounds into the crowd, at which point he was
shot, in the right shoulder and in the stomach. He considered this whole
affair to be a crime by the government, who reacted violently against
Natives with a just claim, and who had not supported him in any way, though
he had to pay for expensive surgery and medical care. Then, on our way out,
a woman accosted us to demand that we be aware of the situation in the
jails, where there were 12 detained in Bagua alone, and families were not
being allowed to visit or even supplement their measly diet with bread.
Unfortunately our time did not allow us the liberty to also visit the jail -
Bagua was still under military-imposed curfew, and we had to leave town to
return to Jaen. The next morning we had a fortunate encounter with Nicanor
Alvarado of the Vicariato del Medio Ambiente in Jaén, a church official who
had been supporting the protests. His version of the events also matched
that told by protestors, and he added that he had seen two protestors beaten
badly, he suspected to death, hours after the main violence, when he had
returned to look for victims.
We then had the opportunity to meet with the Defensoria del Pueblo, the
"People's Defender," Dr. Roberto Guevara Granda. He provided the most
exhaustive information to date on what had happened to many of the victims
of the violence. The bodies of the deceased had been returned in days prior,
and included one unidentified man who had been taken by his community.
According to his account as well, the day before the confrontation had been
the first attempt to remove the protestors, but many people from Bagua had
arrived to support the protestors. Defeated, the police retreated, only to
return a matter of hours later with greater force.
After meeting these officials, we had the chance to catch up with a group of
Indigenous leaders from ORPIAN and AIDESEP who had decided to climb the
hills surrounding the Devil's Pass themselves, to see if they couldn't find
any evidence. First though, we ran into a family whose backyard was the
scene of much of the violence. The grandmother told us how the police had
come to their house after the main confrontation had subsided, to look for
hiding Natives. They had put their gun to the chest of her 10 year old
granddaughter, Marilu, threatening them to reveal the whereabouts of anyone
they were hiding. Eventually satisfied they weren't hiding anyone, one of
the special forces asked his superior if he should kill them all, while
leaving. "No," was the simple response that saved their lives. Later Marilu
showed us the spent tear gas canister and Amazon spear that she had found.
The search by Indigenous leaders proved less fruitful, however, and not a
trace was found. The only reminder that there had been a tragic battle
fought was the large swaths of vegetation which had been burnt that day
during or after the battle. This didn't settle speculation that the police
may have interfered with the evidence, but instead raised more questions
about the exact status of those missing. Few were left who had been at the
battle, and of them, no one seemed to know the unreported victims, they only
knew of their existence. There were few answers to be found in Bagua. We
would have to travel into the jungle to figure out what had happened.
The next day we headed out and made our first stop a few hours away in the
community of Wawas. Getting out of the car, we crossed the river in a dugout
canoe and proceeded into the village. Immediately we were met by Andrea
Rocca Vishu, mother of Felipe Sabio Cesar, who was shot and killed in the
violence within Bagua. She was crying, dressed in black, muttering "my son,
my son, they've shot my son." She brought us into Felipe's house, where we
met his wife Violeta Pitug Wanpush and four children - the youngest of which
had been born days before, after Felipe's passing. Felipe had been in Bagua
for over a month, the time since his wife last saw him.
She was visibly shaken, and repeated to us that "Felipe was no ordinary man,
that's why I'm so upset." He had been a community leader, always outspoken
yet humble, who had worked for the community radio and helped translate for
the community when he wasn't tending his fields or writing. "How can they
think we're terrorists, when we live like this," Violeta said, pointing to
her humble single-room home made of bamboo. "My children cry all day and ask
‘where is my daddy?' - how am I going to take care of them without my
husband?"
Community leaders brought us to meet with others who had been wounded in the
confrontation. First was Gramaniel César Yancua, 26 years old. He told us
how there were about 50 people who had gone up from Wawas to the Devil's
curve outside Bagua. He had been shot in the pelvis, saying that police
hadn't come to converse, but to attack. He added that many others were hurt,
but had been left there. Román Jintash Shug, 44, had also been in the
Devil's curve that morning, and had been shot in the testicles as a result.
He said the police arrived as if in civil war, that there was nowhere to go
once they started shooting. He had managed to escape into the mountains,
later taken by some friends to Bagua Grande for medical treatment. "Garcia
gave the orders. The police deaths gave them power, made them gain out of
the incident, while the Natives just stay dead," he left with us.
A few hours down the road, we arrived in the community of La Curva, home to
David Jausito Mashigkash, 19 years old, who had also lost his life to the
violence of Devil's Curve. David's father, Moises Jaucito Lucinda showed us
a picture of his son, saying they had no idea they would kill him. David had
lived since he was 11 outside of the community to attend school, and had
recently returned to the area to study nursing. The family brought us to see
the graveyard, his cousin Lucio Rocca Autuki sharing many of the last
moments of David's life. The morning the shooting started, David wanted to
ascend the mountain a bit to see what was going. His cousin lost sight of
him, and only found out he was dead when a photographer was showing his
pictures of the deceased. Lucio felt betrayed by the government - they were
getting ready to pack up and take down the barricade, that was the agreement
reached the night before with the military, he affirmed.
This version of events was affirmed substantively by the version narrated by
Salomón Aguanash, President of the Regional Committee for the Struggle for
the Respect of Indigenous Peoples' Rights, who we caught up with in
Nazareth. Salomón had been in charge of Indigenous operations in the Devil's
Curve area, and proved to be a wealth of information. He was able to give
some sense of the scale of the movement, informing us that there were about
3,600 people that had come out to the Devil's Curve blockade, 1,900 at
Station 6 (an oil facility) and a further 6,500 at Station 5.
Discussing the meeting that took place the day before the removal of
protestors, Salomón told us that the first meeting was planned for about the
early afternoon and was to involve General Uribe, the regional police chief.
In the end about 6,000 people showed up at this meeting, sans the general.
This meeting included thousands from Bagua who showed up to express their
support for the Indigenous cause. Out of that meeting, a smaller group of 9
representatives was formed who would meet with the general. In the meeting,
it emerged that the general had already received the word to clear out
protestors. Anxious to avoid a serious confrontation, the protestors asked
to have a truce until 10am so they could clear themselves out. To this, both
sides agreed.
Then, minutes before 6am the next day, the police came. According to
Salomón, they came over the tops of the hills and ignored pleas against
violence - and that's when the shooting started. After Indigenous protestors
witnessed two of their own fall to the ground, many reacted by throwing
their spears angrily, while others took the opportunity to flee. Salomón
testified that it was within 15 minutes of the police arrival, the
helicopters showed up, firing live ammunition, tear gas, and somehow setting
fire to the hills, perhaps with the tear gas or incendiary munitions.
"Tanks" (armoured personnel carriers) arrived now from the road, also
shooting at protestors. "If they wanted us to leave, why didn't they come
from the road at the beginning? The order was to kill us," claimed Salomón.
As to the numbers who didn't return, Salomón also noted discrepancies with
the official numbers. Having talked to members of Santiago, Nieva and Cenepa
communities, they were aware of at least 85 people who hadn't returned from
the protests, and another two from Tutongos. Community leaders would be
getting together to figure out final numbers of missing. He also identified
one more deceased, Jesús Carlos Timias ofUracuza, whose name didn't appear
in official lists, which would make the official list include at least 6
Natives and 5 non-Natives.
"We do not accept the kind of ‘development' that the president offers us,
because it is not sustainable and it threatens the Amazon rainforest, which
is humanity's heritage. For that reason, if the government insists on
sidelining us and continues to refuse to overturn the decrees, we will no
longer block roads but will instead draw our own limits to establish how far
into our territories we will allow the authorities to come. Our territory is
our market, our mother. We don't have supermarkets like people in the big
cities. We have to track and hunt down animals for two or three days, and
find our food in the jungle. Everything we need for our survival is in the
rainforest. That's why we are defending it with our lives. The struggle will
continue until the laws are gone. We'll shut down oil extraction, and stop
cooperating. What happens next is up to the government"
The next day, on our way out of the jungle, we made a stop at Station 6, oil
facility taken over by Amazon groups were a number of police officers loss
their lives also on June 5th. There were a number of military checkpoints
set up to get to that site, and they almost didn't let us in. In the end, we
made it, and though we couldn't get inside, we managed to talk briefly with
an engineer before he decided against it. The military then decided we
couldn't even take pictures of the facility, and wouldn't cooperate with any
information, so we left.
On our way out of the jungle, passing by Wawas later that day, we chanced
upon some thick oil collecting in a pool of muddy water on the side of the
road. Following the source led us up a steep ravine, at the top of which we
found a few dozen people gathered, working to repair an oil pipeline that
appeared to be leaking. Men were hunched over, cutting down oil-covered
vegetation and putting it into garbage bags, others scooping up the oil
slicks into barrels from atop fresh rain-fed pools. Another crew hastily
worked on the pipeline itself, while a group of Indigenous people from a
local community had gathered to see what had happened to their land.
Our very presence, replete with cameras, seemed to be menacing to the
company security guard who was stationed there, who quickly called over the
military. We got some photos and some "no comments" from officials, before
backtracking down the muddy slope. Military reinforcements soon arrived,
telling us it was illegal to take photos here, probably conflating legality
with a uniform. We acquiesced, talking to a number of the locals who were
concerned that the oil would leak into the river, and contaminate the
environment, the waters they drink and the fish they consumed.
In the end, it was this sort of archetypal incident that people feared and
that brought thousands of communities together to reject the government's
development model for the Amazon. In our trip to the Amazon, we had sought
to uncover new information. Much of what we heard hadn't been reported,
especially not internationally. However the trip revealed just as many
questions as it answered, particularly the number and fate of those who
participated in the confrontation early in the morning of June 5th, and who
haven't been seen since. The stories tell the reality, the faces, and the
sentiments behind a sensational incident that drew world attention, but
express the need for a detailed understanding of the Amazon peoples, their
way of life and their demands, if we are to avoid such senseless bloodshed
and misery again.
------------------------------
*4b) Peru revokes land-use laws, brokers peace with activists
By Stephanie Dearing.*
Two controversial land-use decrees that threw the Peruvian jungle open for
business were revoked by the government after some of the most violent
clashes in Peru's recent history resulted in the deaths of over 34 people.
A land imbued with ancient history, Peru has been struggling to keep up
with the rest of the world. Peru is home to the source of the Amazon
river, nestled in jungle in Peru's north. This same jungle is full of
resources that the rest of the world wants, such as oil and precious
metals. It is also the home for many indigenous peoples. In 2007 and 2008,
the Peruvian government expanded its attempts to cash in on the world's
interest in oil and other natural resources by creating about a dozen
decrees, which threw the Amazonian jungle open for free trade. Peru's
indigenous people have been protesting the acts in an attempt to save
their homes and lifestyles. On June 18th, Peru's President, Alan Garcia,
overturned two land-use decrees which, when announced, were the source of
ongoing protests by indigenous peoples in Peru for the past several years.
Those protests had escalated this past month, resulting in the deaths of
both protesters and police.
The moment was declared historic by protesters and the President, and
protesters have been celebrating. The United Nations Special Rapporteur
for Indigenous People, James Anaya, asked Friday for an investigation into
the violence, based on allegations of abuse levelled by indigenous
protesters against police. The government claims that only ten protesters
were killed in the clashes, but 24 police officers had died in the
violence. The indigenous protesters say that there are at least 30 dead
protesters, plus about a dozen other people who are missing.
The United Nations Human Rights Council has no binding authority, but may
present recommendations to the United Nations Assembly. The Council was
brought into being in 2006.
Earlier this year a Peruvian court found former President, Alberto
Fujimori, guilty of human rights abuses, in particular for two massacres
that resulted in the deaths of 25 people. The massacres took place in 1991
and 1992. Additionally, Fujimori was convicted of kidnapping a journalist
and a businessman in 1992. Fujimori himself did not participate in the
murders and kidnapping, the massacres were carried out by his elite
"Colina unit," a special group composed of military intelligence officers.
According to Human Rights Watch, Peru has had a history of
"authoritarianism and weak rule of law." Fujimori's conviction may still
be appealed.
------------------------------
* *
*4c) Death At Devil's Bend, 19 June 2009:*
http://www.survival-international.org/news/4687
------------------------------
* 4d) Open Letter from Greg Macdougall and Response from Peruvian Embassy
*
From: Greg Macdougall
[mailto:waawaaskesh at yahoo.ca]
Sent: Sunday, June 07, 2009 9:38
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,
Greg Macdougall
Ottawa, Canada
June 12, 2009
Embassy of Peru
1700 Massachusetts Ave. N.W.
Washington DC, 20036
THE GOVERNMENT OF
THE REPUBLIC OF PERU
PRESS RELEASE ABOUT THE RECENT EVENTS IN BAGUA, AMAZONAS, PERU
On 5 and 6 June 2009 clashes occurred between police and groups of
native inhabitants in the zone of Bagua, Amazonas. The unfortunate result
was
thirty-three people dead - 24 police officers and 9 civilians - according to
official figures. One hundred fifty-five persons were injured, of which
only 12 remain hospitalized.
No state institution, the National Police, the Prosecutor or the
Ombudsman, nor any other institutions, such as the Red Cross, has
information that there are
any more civilian casualties than those that have been registered
officially.
The Peruvian Government deeply regrets the deaths of policemen and
civilians,
and expects that the situation will soon return to normal. It is deeply
shocked that several policemen were tortured and brutally murdered.
The various autonomous institutions responsible for justice and law
enforcement, the public prosecutor, the defense lawyers, and the
Ombudsman, are making efforts to clarify these unfortunate events, within
the framework of
democratic governance and the rule of law. The Government will continue to
exercise the assigned powers by the Constitution, in order to guarantee the
fundamental rights of all citizens without distinction of any kind and to
provide legal assistance and supervision by competent authorities. In
carrying out the corresponding judicial procedures, the government reassures
those
persons involved that they will continue to enjoy all the guarantees
inherent
to due process.
The international community is contributing to this effort. For example, the
International Committee of the Red Cross (ICRC) is present on the ground and
has unrestricted authorization to conduct its humanitarian mission. The
Government encourages such activities.
The Government's objective is to avoid the destruction of the Amazon forest.
Informal miners who pollute the rivers with mercury, illegal coca growers
and
those who practice illegal logging and timber smuggling have destroyed more
than 10 million hectares (24.7 million acres) in recent years.
To defend and protect this ecological heritage of mankind, to
reforest areas that were destroyed and to reestablish order, the Government
approved legislation that reserves the ownership of 12 million hectares
(29.6
million acres) to 320,000 native Amazonian inhabitants and 15 million
hectares
(37 million acres) as natural sanctuaries. But extremist political movements
have convinced some of the indigenous population that they would be robbed
of
their land. This led to the blockading of roads and the interruption of
production plants. As required by law, the police proceeded to clear the
roads and were attacked with firearms, with the result of 24 casualties. The
elevated number of civilian deaths reported by sensationalists is thus
inexact.
It should be noted that, for the purpose of seeking a solution to this
situation, the country's political forces have agreed to suspend the
implementation
of legislative decrees 1090 and 1064, and to establish the National
Coordination Group
for the Development of Peoples from the Amazon - formed by members of the
Executive
Branch, Chairmen of the Regional Governments of the Amazon and indigenous
peoples'
representatives - who will be responsible for formulating a comprehensive
plan for
sustainable development for the Amazon region and indigenous peoples in the
areas of
education, health, land ownership, titling and registration of land rights
and any other
necessary measures.
The Peruvian Government reiterates its firm commitment to democracy, the
promotion
and protection of human rights and the rule of law and its continued
willingness to
maintain an open-ended dialogue with all sectors involved in this sensitive
issue, so as to
avoid the destruction of the Amazon, and in order to fulfill their
commitment to its own
ethnic groups.
Lima, June 12,
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 33 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 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 Ministers (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 region 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.
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 people.
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 AIDESEP.
Aftertwo 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 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, 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.
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