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United national organizations demand respect for the democratic rule of law in Cajamarca Region. From left to right: Zulma Villa (lawyer from IIDS), Gladis Vila (ONAMIAP), Ydelso Hernández (CUNARC), Lourdes Huanca (FENMUCARINAP), Jorge Prado (CCP) and Antolín Huáscar (CNA). Photo: Iván Herrera / Servindi. |
Unity Pact, 18th May 2014.- The Unity Pact of Indigenous Organizations of Peru and representatives from rural communities and rondas campesinas of Celendín, Cajamarca and Hualgayoc provinces, demanded that the Peruvian State respect the democratic rule of law, meet its international commitments and abide in "good faith" to an injunction recently granted by the Inter- American Commission on Human Rights (IACHR).
In a statement released today, at a press conference, the Unity Pact denounced with alarm and concern that the government intends to minimize the scope and avoid compliance of an injunction requiring the Peruvian State to protect the life and integrity of 46 leaders of communities and rondas campesinas in Cajamarca, the Chaupe family, the rondero Luis Mayta and indigenous journalist Chuquilín César Estrada.
The injunction was granted after three essential conditions were verified by the Commission: serious, irreparable and urgent threat to the life and personal integrity of its beneficiaries.
In a provocative and rebellious attitude, on Tuesday 13, the police arrested twelve peasants and activists in the Conga mining project area, near the El Perol lagoon, abused them with insults and threats, and even beat up some of them. Among those arrested was César Estrada Chuquilín, one of the beneficiaries named by the IACHR resolution.
The Unity Pact denounced the abusive, illegal and provocative action taken under the command of Jorge Luis Gutiérrez Senisse, Chief of Cajamarca Police, who ordered the arrests despite being informed of the peaceful nature of the inspection carried out by the ronderos and the Guardians of the Lagoons. The detainees were released early today, Wednesday 14th.
Unity Pact of Indigenous Organizations of Peru – Statement
¡We demand respect for the life and integrity of the Guardians of the Lagoons threatened by the Conga mining megaproject!
¡For the concerted fulfillment of the injunction granted by the Inter-American Commission!
The Unity Pact of Indigenous Organizations of Peru, comprised of the National Agrarian Confederation (CNA), Peasant Confederation of Peru (CCP), National Organization of Andean and Amazonian Indigenous Women (ONAMIAP), National Federation of Peasant, Artisans, Indigenous and Native Women (FENMUCARINAP), National Unitary Center of Rondas Campesinas (CUNARC) and the National Union of Aymara Communities (UNCA), as well as authorities and members of rural communities and rondas campesinas from Celendín, Cajamarca and Hualgayoc provinces, descendants of the Chachapoyas, Coremarcas and Caxamarcas indigenous peoples, declare the following:
After a request presented by the Unity Pact, on May 5 2014, the Commission decided to grant an injunction in favor of 46 leaders of communities and rondas campesinas of Cajamarca, the Chaupe family, rondero Luis Mayta and indigenous communicator Cesar Estrada Chuquilín, having verified a threat to life and personal integrity of the beneficiaries under three essential conditions: serious, irreparable and urgent.
With respect to a second aspect of the injunction, regarding the protection of territories threatened by the Conga mining megaproject, the Commission resolved that “the adequate mechanism to address these allegations and the information provided would be the petition P716-12”. This means that the Commission never dismissed the petition, let alone gave any endorsement to the mega project. But since it is a decision on the merits, it will be resolved in the petition filed on April 12, 2012 (P716-12) by the same applicants, currently underway.
The injunction issued by the Commission is of utmost importance and legal significance, because in its operative part resolves:
“The Commission requests that the government of Peru:
a) Adopt the necessary measures to guarantee the life and personal integrity of the beneficiaries;
b) Agree the measures to be taken with beneficiaries and their representatives; and
c) Report on the actions taken to investigate the alleged facts that gave rise to the injunction and thus prevent their recurrence.
The Commission also requests the Government of Peru to report on the application of the required measures within 15 days from the date of the adopted resolution and update this information periodically” (emphasis added).
We express our deep concern and rejection of the attitude of the Peruvian government and ambassador to the Organization of American States (OAS), Juan Jiménez Mayor, who untruthfully stated that the Commission had denied the request for injunction and that the Conga project should "continue working". Ignoring and misrepresenting the special nature of the injunction, Jiménez Mayor told the state TV channel that the guarantees for the protection of life and integrity set forth by the Commission are equivalent to those granted by the State to any of the 30 million Peruvians, understanding that the seriousness, urgency and irreparability assessed by the Commission are not particularly relevant. (1)
This misrepresentation of the resolution was interpreted by most national media as the official version, in the sense that the Conga megaproject should continue to be developed, to the extreme of presenting it as a "defeat of the anti-mining movement”. The progress of the mega project will increase the risk for the life and integrity of the beneficiaries, communities and rondas campesinas. It would also mean that more machinery is sent to the area, and more police and private security that will deepen the climate of repression, social tension, violence and unrest.
We are concerned that the Peruvian State tries to deliberately obscure the transcendent IACHR decision and in bad faith avoid fulfilling the injunction, transgressing Article 26 of the Vienna Convention, which obliges it to fulfill its responsibilities in "good faith".
Finally, we demand that the Peruvian State:
a) Respect the democratic rule of law, act responsibly in accordance with its international commitments and comply in good faith with the injunction issued by the IACHR.
b) Agree with representatives of the beneficiaries the measures needed to fulfill the injunction.
c) Report within 15 days and periodically about the injunction compliance.
d) Investigate the facts that gave rise to the injunction to prevent their recurrence.
e) Rectify and clarify the media about the true meaning of the injunction granted by the IACHR on behalf of the leaders, families and Guardians of the Lagoons.
f) Respect the indigenous people’s right to protest and the protection of natural resources from the extractive industries that threaten their way of life.
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(1) Juan Jiménez Mayor interviewed by journalist Nicolás Salazar in Channel Tv Perú. Thursday May 8, 2014. Available in: https://www.youtube.com/watch?v=nfcAAzrbpgU
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