My Dialogue with Peruvian Embassy

"Cecilia Campana" <ccampana@embassyofperu.us>
Date: Wed, July 1, 2009 9:37 am
To: Carol S
joyhealer AT joyhealing4u.com
Priority: Normal


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






FOR IMMEDIATE RELEASE

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.



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 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.













_____

From: Carol Sterritt
Sent: Wednesday, June 10, 2009 3:01 PM
To: Luis Valdivieso
Cc: Eliana Moscoso; ysimon@pcm.gob.pe; rvasquezr@congreso.gob.pe; LimaACS@state.gov;
rluque@defensoria.gob.pe; apalomino@defensoria.gob.pe; pdlcruz@defensoria.gob.pe;
informaciones@ccffaa.mil.pe
Subject: End police attacks on peaceful indigenous protesters



Mr. President Alan García,
I PROTEST THE KILLING OF THE INDIGENOUS PEOPLE!
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 Initiate an impartial investigation into the events of June 5 at the Devil's Curve
near Bagua Chica
3. Lift the State of Emergency, withdraw your Special Forces and decriminalize
peaceful protests.
4. 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.
5. 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.
6. Immediately drop all legal charges against indigenous leaders in order to be able
to enter into good faith process of dialogue with indigenous peoples to resolve this
conflict.


Respectfully,

Carol Sterritt
Kelseyville California USA


_____

<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=§ion=12
and 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.

"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."

What a load of bullcrap. The truth: These "natural sanctuaries" were stolen from the indigenous and given over to multinational corporations. That is what the US/Peru "free trade (for the rich)" deal is all about, and what the corrupt Alan Garcia regime is all about. And the indigenous people who were stripped of their rights to the land got in the way of the rich getting richer. So they open fired on their peaceful protests with gunship helicopters and assault rifles, likely paid for by U.S. taxpayers.

That it is because of the horrid indigenous peoples, that the developped nations use the oil, that they indigenous peoples are the problem, and that they are the polluters!