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You can find the current article at its original source at http://www.theguardian.com/environment/andes-to-the-amazon/2014/jun/29/peru-licence-to-kill-environmental-protestors
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| Version 1 | Version 2 |
|---|---|
| Peru now has a ‘licence to kill’ environmental protesters | Peru now has a ‘licence to kill’ environmental protesters |
| (35 minutes later) | |
| Some of the | Some of the |
| recent media coverage about the fact that more than 50 people in Peru – the vast majority | recent media coverage about the fact that more than 50 people in Peru – the vast majority |
| of them indigenous – are on trial following protests and fatal conflict in | of them indigenous – are on trial following protests and fatal conflict in |
| the Amazon over five years ago missed a crucial point. Yes, the hearings are finally going ahead and the charges are | the Amazon over five years ago missed a crucial point. Yes, the hearings are finally going ahead and the charges are |
| widely held to be trumped-up, but what about the government functionaries who | widely held to be trumped-up, but what about the government functionaries who |
| apparently gave the riot police the order to attack the protestors, the police | apparently gave the riot police the order to attack the protestors, the police |
| themselves, and – following Wikileaks’ revelations of cables in which the US ambassador | themselves, and – following Wikileaks’ revelations of cables in which the US ambassador |
| in Lima criticized the Peruvian government’s “reluctance to use force” and | in Lima criticized the Peruvian government’s “reluctance to use force” and |
| wrote there could be “implications for the recently implemented Peru-US FTA” if | wrote there could be “implications for the recently implemented Peru-US FTA” if |
| the protests continued – the role of the US government? | the protests continued – the role of the US government? |
| The conflict | The conflict |
| broke out in northern Peru after mainly indigenous Awajúns and Wampis had been | broke out in northern Peru after mainly indigenous Awajúns and Wampis had been |
| peacefully protesting a series of new laws which were supposedly emitted to | peacefully protesting a series of new laws which were supposedly emitted to |
| comply with a trade agreement between Peru and the US and which made it | comply with a trade agreement between Peru and the US and which made it |
| easier, among other things, for extractive industries to exploit natural | easier, among other things, for extractive industries to exploit natural |
| resources in their territories. Following a blockade of a highway near a town | resources in their territories. Following a blockade of a highway near a town |
| called Bagua – and an agreement that the protestors would break up and go home, | called Bagua – and an agreement that the protestors would break up and go home, |
| reached the day before – early on 5 June the police moved to clear it and | reached the day before – early on 5 June the police moved to clear it and |
| started shooting. In the ensuing conflict, 10 police officers, five indigenous | started shooting. In the ensuing conflict, 10 police officers, five indigenous |
| people and five non-indigenous civilians were killed, more than 200 injured – | people and five non-indigenous civilians were killed, more than 200 injured – |
| at least 80 of whom were shot – and, elsewhere in the Bagua region, a further 11 police officers | at least 80 of whom were shot – and, elsewhere in the Bagua region, a further 11 police officers |
| were killed after being taken hostage. | were killed after being taken hostage. |
| “So far | “So far |
| only protesters have been brought to trial,” said Amnesty International in a | only protesters have been brought to trial,” said Amnesty International in a |
| statement marking five years since the conflict and pointing out that human | statement marking five years since the conflict and pointing out that human |
| rights lawyers have said there is no serious evidence linking the accused to | rights lawyers have said there is no serious evidence linking the accused to |
| the crimes they are being prosecuted for – which include homicide and rebellion. “[S]o far little | the crimes they are being prosecuted for – which include homicide and rebellion. “[S]o far little |
| progress has been made to determine the responsibility of the security forces. | progress has been made to determine the responsibility of the security forces. |
| Likewise, no progress has been made to investigate the political authorities | Likewise, no progress has been made to investigate the political authorities |
| who gave the orders to launch the police operation.” | who gave the orders to launch the police operation.” |
| Does this desperate | Does this desperate |
| failure of justice not effectively constitute a “licence to kill” for the | failure of justice not effectively constitute a “licence to kill” for the |
| police? Maybe, maybe not, but whatever the answer Peru has now formalised that | police? Maybe, maybe not, but whatever the answer Peru has now formalised that |
| licence by emitting a law that, as the Dublin-based NGO Front Line Defenders (FLD) puts it, | licence by emitting a law that, as the Dublin-based NGO Front Line Defenders (FLD) puts it, |
| grants: | grants: |
| . . . members of the armed forces and the | . . . members of the armed forces and the |
| national police exemption from criminal responsibility if they cause injury or | national police exemption from criminal responsibility if they cause injury or |
| death, including through the use of guns or other weapons, while on duty. Human | death, including through the use of guns or other weapons, while on duty. Human |
| rights groups, both nationally and internationally, the Human Rights Ombudsman | rights groups, both nationally and internationally, the Human Rights Ombudsman |
| (Defensoria del Pueblo) as well as the UN High Commissioner for Human Rights | (Defensoria del Pueblo) as well as the UN High Commissioner for Human Rights |
| all expressed deep concern about the law. In the words of the [Lima-based] Instituto | all expressed deep concern about the law. In the words of the [Lima-based] Instituto |
| Libertad y Democracia [IDL], the law equates, in practice, to a “licence to | Libertad y Democracia [IDL], the law equates, in practice, to a “licence to |
| kill.” | kill.” |
| That law, | That law, |
| no. 30151, was promulgated in January this year and is, according to the IDL’s | no. 30151, was promulgated in January this year and is, according to the IDL’s |
| Juan José Quispe, a modification of existing legislation passed by the previous | Juan José Quispe, a modification of existing legislation passed by the previous |
| government. The modification consists of replacing three words – “en forma reglamentaria” – with another | government. The modification consists of replacing three words – “en forma reglamentaria” – with another |
| five – “u otro medio de defensa” – | five – “u otro medio de defensa” – |
| which Quispe says means that any soldier or police officer can now kill or | |
| injure a civilian without needing to use his or her weapon “according to | injure a civilian without needing to use his or her weapon “according to |
| regulations”, or by using something other than his or her weapon. | regulations”, or by using something other than his or her weapon. |
| “We | “We |
| continue considering this law as one that grants the armed forces as well as | continue considering this law as one that grants the armed forces as well as |
| the national police a licence to kill,” Quispe told the Guardian. “It permits a | the national police a licence to kill,” Quispe told the Guardian. “It permits a |
| high degree of impunity. During the repression of social protests, police | high degree of impunity. During the repression of social protests, police |
| officers and soldiers who cause injuries or deaths will now be exempt from | officers and soldiers who cause injuries or deaths will now be exempt from |
| criminal responsibility.” | criminal responsibility.” |
| Quispe says | Quispe says |
| that the exemption will also apply to police or soldiers who, in the fight | that the exemption will also apply to police or soldiers who, in the fight |
| against narco-terrorism in particular, accidentally kill civilians. | against narco-terrorism in particular, accidentally kill civilians. |
| “It’s a | “It’s a |
| dangerous law and constitutes a threat to everyone,” he says. “It permits the | dangerous law and constitutes a threat to everyone,” he says. “It permits the |
| use of weapons by contravening existing law and international parameters such | use of weapons by contravening existing law and international parameters such |
| as the United Nations’ Principles. It gives soldiers and police officers a carte blanche to commit crimes with | as the United Nations’ Principles. It gives soldiers and police officers a carte blanche to commit crimes with |
| impunity.” | impunity.” |
| The | The |
| controversial law was highlighted by the FLD in a report published this month titled “Environmental | controversial law was highlighted by the FLD in a report published this month titled “Environmental |
| Rights Defenders at Risk in Peru.” What that report makes clear is that if | Rights Defenders at Risk in Peru.” What that report makes clear is that if |
| you’re Peruvian and you publicly express concern about the environmental and | you’re Peruvian and you publicly express concern about the environmental and |
| social impacts of mining operations you can expect the following: death threats, rape | social impacts of mining operations you can expect the following: death threats, rape |
| threats, physical and electronic surveillance, smears and stigmatization by | threats, physical and electronic surveillance, smears and stigmatization by |
| national mainstream media, police acting as “private security” for mining | national mainstream media, police acting as “private security” for mining |
| companies, confiscation or theft of equipment, “excessive use of force by | companies, confiscation or theft of equipment, “excessive use of force by |
| police” during protests, arrest, or detention, and prosecution on charges of “rebellion, | police” during protests, arrest, or detention, and prosecution on charges of “rebellion, |
| terrorism, violence, usurpation, trespassing, disobedience or resistance to an | terrorism, violence, usurpation, trespassing, disobedience or resistance to an |
| official order, obstructing public officers, abduction, outrage to national | official order, obstructing public officers, abduction, outrage to national |
| symbols, criminal damage, causing injury, coercion, disturbance or other public | symbols, criminal damage, causing injury, coercion, disturbance or other public |
| order offences.” | order offences.” |
| While the FLD’s | While the FLD’s |
| report acknowledges that the “vast majority” of court proceedings have ended in | report acknowledges that the “vast majority” of court proceedings have ended in |
| acquittals or with the charges dropped, it argues that the “extraordinary use” | acquittals or with the charges dropped, it argues that the “extraordinary use” |
| of lawsuits constitutes an “abusive use of the judicial system” and impedes “the | of lawsuits constitutes an “abusive use of the judicial system” and impedes “the |
| work of the [accused], affecting their reputation and furthering the view – | work of the [accused], affecting their reputation and furthering the view – |
| often upheld by national media – that they are violent extremists. This is | often upheld by national media – that they are violent extremists. This is |
| especially the case when accusations of terrorism, rebellion or violence are | especially the case when accusations of terrorism, rebellion or violence are |
| levied.” It states that almost 400 people currently face court proceedings, and | levied.” It states that almost 400 people currently face court proceedings, and |
| cites one man as an example, Milton Sanchez Cubas, who has faced roughly 50 but | cites one man as an example, Milton Sanchez Cubas, who has faced roughly 50 but |
| never been convicted. | never been convicted. |
| The FLD’s | The FLD’s |
| report ends with a serious of recommendations to Peru’s government, including | report ends with a serious of recommendations to Peru’s government, including |
| that the “licence to kill” law is repealed. | that the “licence to kill” law is repealed. |
| “All | “All |
| documented instances of intimidation, death threats, physical attacks, | documented instances of intimidation, death threats, physical attacks, |
| surveillance, stigmatisation, smear campaigns, and judicial harassment appear | surveillance, stigmatisation, smear campaigns, and judicial harassment appear |
| to be directly related to legitimate and peaceful work,” it states, “in | to be directly related to legitimate and peaceful work,” it states, “in |
| particular in supporting. . . local communities opposed to mining projects and | particular in supporting. . . local communities opposed to mining projects and |
| their impact on their environment, territory and livelihood.” | their impact on their environment, territory and livelihood.” |