Indigenous mobilizations in Peru

20 May 2009

While one legislative decree has been repealed by the Constitution Commission in Peru's Congress, indigenous groups continue their protests demanding that the other nine decrees also be repealed. AIDESEP leader, Alberto Pizango, who was recently charged with sedition and disturbing the peace, approves of the small step forward.

Amazon Watch has published an issue brief explaining the context and background on the situation in Peru. The brief explains President Garcia's attitude toward indigenous land and how indigenous leaders have been pursuing adequate recognition of their land rights for years. The indigenous groups have also been pushing for Peru to comply with the standards set out in the International Labor Organization 169 treaty.

read brief:

Alberto Pizango, leader of AIDESEP and spokesperson for the indigenous push to repeal the legislative decrees, has detailed the infringements on indigenous rights. The criticisms of the indigenous groups are the following:

1. The Peruvian government has created a new legal framework which threatens the rights recognized in the constitution and the international agreements in order to facilitate Peru's fulfillment of the free trade agreement with the US.

2. The legislative decrees numbered 994, 995, 1020, 1060, 1064, 1080, 1081, 1083, 1089, 1090 and the law 29833 as well 29317 (which modifies the legislative decree 1090) violate human rights and the territories of the indigenous peoples.

3. The intolerance and lack of respect for the rights of the indigenous people.

UPDATE:

The Constitutional Commission in Peru's Congress repealed the legislative decree 1090 (and therefore its modification in the form of the law 29317) which ignored article 66 of Peru's constitution which states that the right to grant use of the land in Peru must be determined by a law, not an legislative decree. The Constitutional Commission voted 7-6 (with one absention) to repeal the legislative decree 1090. 

Several Congress members, including the Prime Minister Yehude Simon, have agreed to revisit and modify the legislative decrees. The indigenous groups, on the other hand, are asking that the decrees be repealed entirely, not simply modified. Undoubtedly this conflict will need to be addressed in the coming days. The government has approved a measure to reinitiate dialogue with the indigenous groups in hopes of reaching agreement on these issues.

Alberto Pizango of AIDESEP has charges against him for crimes against the state powers and constitutional order, and for disturbing the peace.

Read articles below about the latest update on the situation:

"Declaran inconstitucional el decreto 1090" (La Republica)

"Crean comisión que tratará problemática de pueblos de la selva" (El Comercio)