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Peru

Report Findings

On May 3, 2017, the Supreme Court of Peru acquitted the Quechua defender Maxima Acuña de Chaupe, who had been charged with “illegally occupying land.” Due to her opposition to the Yanacocha mining company, she has been the victim of several attacks, intimidation, attempted evictions, and judicial harassment. On appeal, she was acquitted of all charges and her land rights were recognized. The Special Rapporteur on the rights of Indigenous Peoples, together with other special procedures, have sent several communications relating to Ms. Acuña de Chaupe’s case. Concern has also been expressed by the mandate over the conviction of the Aymara leader Walter Aduriri, who was sentenced to seven years in prison in July 2017 on charges of “disturbances” in the context of protests against mining concessions in the Puno region. 

TESTIMONY FROM THE SPECIAL RAPPORTEUR’S
CRIMINALIZATION SUMMIT IN GENEVA IN MARCH 2018
SPEAKER 1

Organization

ONG Derechos Humanos y Medio Ambiente

Spokesperson

Rodrigo Lauracio Apaza (:01 – 10:50)

Notable Quotes

1:33: “For us, in cases dealing with human rights and the environment, criminalization includes not only the use of criminal law as a means for repression, but also a series of actions that includes laws and regulations implemented by states. In the case of Peru, there have been a series of constitutional reforms. In the past, preliminary detentions could only last 24 hours. Now, in this context of conflict, people—especially social leaders—can be detained for up to 15 days.”

 

4:49: “In states of emergency, for instance, police can use force, which oftentimes will lead to serious threats to the life of social leaders, and to their physical and psychological well-being. Unfortunately, many organizations have—ironically--reached the conclusion that, unless some lives are lost, the state will not take action. In other words, with practice we’ve found explanations for the killing of our peasant community leaders and representatives. In the term of current president Pedro Pablo Kuczynski, nine people have already lost their lives: nine human rights defenders that, most of them, were indigenous representatives.”

SPEAKER 2

Organization:

ONG Derechos Humanos y Medio Ambiente

Spokesperson

José Bayardo Chata Pacoricona (10:50-18:16)

Notable Quotes

16:35: “We’ve also noticed that, for example, businesses have mechanisms at their disposal when their interests are affected. They can find ways to protect their own interests. But, what mechanisms do we have as Indigenous Peoples when our rights have been affected?"

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