Strike three: Peru in problems

Violence in Peru: tales of the Government, Keiko Fujimori, Alberto Pizango, the quit of the Secretary Vildoso and the Decree 1090 off

By César Reyna -reservamoral.org

There are several points about we must speak. Here an analysis of the most salient today about what happened in our Amazonian land:

1) The "official tales" have been cleared yesterday night in "Intimate Enemies" TV show in Frecuencia Latina (Channel 2). This means, despite being part of the apparatus of government and have sympathies with Fujimorism, distributed version of a couple of former Police whose brother was in charge of the safety of the Station 6 PETROPERU. The former official disclosed that the police had been kidnapped several weeks ago by hundreds of native Aguaruna (Awajun) and not 5 june.

This version was confirmed by a woman of this ethnic group. She was also invited to TV show "Enemigos Íntimos" with Beto Ortiz, the presenter. The government had said through the Minister of Interior (Secretary of intern affairs), Mercedes Cabanillas, that the soldiers guarding the Station 6 had been massacred and their throats slit on June 5, World Environment Day, and the atrocities that occurred in the town of Bagua, Amazonas, Indians handled by outside interests. Knowing in advance that President Garcia was unarmed contingent because the natives had taken away their arms, proceeded with the eviction operation disastrous road of Bagua. The recovery of the track could not be carried out under such conditions as over twenty agents were taken hostage. To break violently against the demonstrators, most of the tribe was Aguaruna was put at risk the lives of the policemen held. The outcome under these particularities, could not only be fatal to the troops captured.

To make the matter clear, imagine what would happen if the family members of a gang bank robbers , who maintains several civilians captive in an agency, they are harassed or suppressed by the police. Do not react bandits in some way against the hostages? Did not lose for a moment the wisdom to know that their loved ones being hurt? Well, that just happened to the natives who kept the police at Station 6 PETROPERU as surely aware that members of his tribe were being repressed. The eviction of protesters from various ethnic groups was interpreted as a declaration of war by the Government, which ultimately led to the hits with the police. Here it is remarkable that they were being treated cordially by the Aguaruna and his insanity was unleashed by the cowardly and reckless actions of the authorities. If someone put at risk the lives of police officers was arrested because the government knew that Amazon would take reprisals against them. The operation had ever done in these circumstances. Therefore the responsibility for what happened lies with the Cabinet chaired Yehuda Simon and the Minister of Interior. Officials said the natives were savages and could not talk with them, so spread a spot, we decided to apply force. However, based on dialogue, a small group of police got 3000 native reopen for a few hours the road that connects with Yurimaguas Tarapoto.

2) The Fujimorism, including Congresswoman Keiko Fujimori can not be more timely at this time to raise the temporary suspension of the Legislative Decree 1090. Not that the proposal to establish a balance between enforcement and the repeal of the controversial rule seems unreasonable, but that is not yours. This initiative, awarded erroneously concluded the Keiko, came from the former leftist parliamentarian Javier Diez Canseco, who proposed the legislation vacatio "from the decree in the daily La República, ie its momentary failure" while it discusses its unconstitutionality or repealing " in Congress. The position of Monsignor Diez Canseco joined Miguel Cabrejos, president of the Peruvian Episcopal Conference, and now a mediator between the state and Amazonian communities. This was also the religious to the Republic that "the government should suspend the implementation of decrees rejected by the natives." The call was picked up by Rolando Souza, Carlos Raffo, Fujimori lawmakers to say that Keiko is carving statesman. Both seek to create an image of the candidate conciliatory in order not to lose the votes of the electors of the jungle, a former stronghold of Fujimorism.

3) Granted asylum by Nicaragua Mr Pizango it was to be in that executive officials pressured the judiciary. Both Alan García as its Minister of Interior, Mercedes Cabanillas, called the arrest of "offender" Pizango before the judicial authorities issued an arrest warrant. In addition, the National Congress that helped the president to leave an injured AIDESEP press conference were accused by their peers APRA "to obstruct the administration of justice by facilitating the 'leak' of the leading native version that collapses to the fact that you attended where there was no warrant of arrest issued by the competent judge, "according to The First newspaper in Lima. Despite being granted protection Pizango for "humanitarian reasons", we should not ignore that the president of the country is aligned with Chavez asilante. The Daniel Ortega in Nicaragua is dependent on Venezuelan aid to supply subsidized fuel. This can not overlook because Nicaragua is within the orbit or sphere of influence of Venezuela. If asylum was proceeded by an indication of Chavez, who coordinated Ortega surely because Pizango could not take refuge in neighboring Bolivia, where he received numerous expressions of support, much less in Venezuela, because it would support the Government's outlandish thesis native protest that was directed from abroad. While Pizango takes refuge in the Nicaraguan embassy in Lima, tens of APRA were taken in buses to protest against the asylum that was granted by the Government of Nicaragua. The "companions" of the star were taken under the promise of getting a job (in the state) in exchange for stopping traffic and disrupt the order in a residential area. Technically took a public road and no police came to evict them. Surely the Executive rod when measured with different manifestations which disturb the peace are designed to harass their rivals.

4) The resignation of Minister of Women and Social Development, Carmen Vildoso, put pressure on the ministers who have decided to remain in their posts. Yehuda Simon should take a step to the side. Politically it is burned, is a stinking corpse that nobody respects or cree. If the Ombudsman and the Church will play its part in the Roundtable with representatives of native communities for what is he? Their lack of credibility forces him to consult, now, with experts (anthropologists, negotiators, etc.). On matters that are beyond their capabilities long. Good intentions are not enough and the opening in the absence of knowledge and experience, as in the case of Yehude Simon, who is a veterinarian by profession. Simon, who had reached fame as a congressman and former premier Jorge del Castillo has lost that quality in their dealings with the leaders of AIDESEP. Without the essential attribute that you installed in the Presidency of the Council of Ministers (PCM), their presence is foolish and capricious.

5) Had to die over 30, to agree in the Peruvian Congress finally to discuss the Legislative Decree 1090. The order for suspension of the rule, which have now been folded APRA and National Unity (Unidad Nacional), the main opponents to the repeal, shall be conducted during the national strike called by the Indians. This was carried out despite a state of emergency and curfew by the Government. Today is a day for decisive progress towards a settlement agreed between all political forces and representatives of communities or apus. Al aprismo and its allies had no choice but to give as the purpose of the decree can not be achieved under current conditions. No investment required to develop land for crops or exploiting exogenous find much resistance because of the indigenous peoples. As its purpose becomes impossible, the government has no choice but to sit down to discuss a new regime for land and natural resources of the Amazon. For the mediator (the Ombudsman and the Church) will not be easy to talk to the peoples of the Amazon after the unfortunate events of last Friday, killing 24 policemen and 9 civilians (5 of them natives, according to official figures). The anomaly that caused the Administration to not having consulted with the natives. This obligation arises from the Peruvian government of ratifying the ILO Convention 169 in 1993. Now back to the consultation will be made, which distorts the nature of the Convention.

The debate about rules affecting communities should be repealed because it is illegal to convene public hearings, involving representatives of native communities. Things have to be done properly without skipping steps or pre-established procedures. Otherwise new questions arise to what the House finally approved. One can only repeal the policy package. Its cancellation would not leave in limbo the forests of the Amazon, as many claim, because the rules would become effective earlier repealed. All orders affected by this defect should be removed from the legal system to begin to discuss substantive issues that sought to regulate.

Conflicto en la Amazonía: no hay Estado

Conflicto en la Amazonía: no hay Estado



Por César Reyna

Los policías que murieron entre el viernes y el sábado pasados no lo hicieron por la patria, sino para instaurar la política del perro del hortelano del presidente Alan García, que consiste en entregar tierras, bosques y recursos a la iniciativa privada. Sin embargo, eso no significa que los uniformados victimados hayan respaldo las pretensiones del Ejecutivo pues debían obedecer a los encargados políticos del sector. Su participación en el conflicto fue involuntaria ya que nadie quiere morir ni ser lastimado por sus propios compatriotas en un disturbio. Si fallecieron 24 oficiales y suboficiales fue por un error estratégico de sus superiores, quienes no les dieron el respaldo necesario para realizar su labor, es decir, equipos, alimentos, etc. El grueso del personal policial gana alrededor de 800 soles (280 dólares), una cantidad ínfima para sobrevivir y mantener a sus familias. Los que ingresan al servicio activo lo hacen por falta de oportunidades (laborales y educativas) pues nadie quiere percibir un sueldo miserable y ejercer su trabajo en condiciones lamentables.

Varios familiares de los caídos han manifestado su descontento con el operativo llevado a cabo para liberar una vía terrestre próxima a la ciudad de Bagua, en la región de Amazonas. Los deudos señalan que los policías no estaban preparados ni tenían dónde dormir de noche. Muchos fueron enviados a la zona sin la experiencia necesaria para contener a una población enfurecida. Las bajas serían producto de la improvisación con la que se ejecutó el despeje de la conflictiva carretera pues el diario El Comercio reveló que la ministra del Interior y su comando policial ignoraron reportes de inteligencia acerca de las capacidades organizativas y logísticas de los amazónicos.

Si bien todo apunta a que las autoridades subestimaron la reacción de las tribus y pobladores de Bagua[1], cabe pensar que el sacrificio de los efectivos policiales pudo ser deliberado para descalificar a los nativos y su pliego de reclamos. García de alguna forma buscó el enfrentamiento para relacionar la protesta amazónica, que durante las seis primeras semanas fue pacífica, con las aspiraciones de los presidentes Hugo Chávez y Evo Morales. La hipótesis de que los policías fueron enviados al matadero cobra mucha fuerza a raíz de las declaraciones divisorias de Alan García y sus ministros, quienes azuzaron la violencia al tildar de "ignorantes" a los nativos la semana pasada. Estos personajes, expresaron además que hay un complot internacional detrás de las movilizaciones indígenas. Afirmar la presencia de agentes y dineros de países vecinos es un bluff con el que se trata de deslegitimar sus demandas como si no tuvieran discernimiento ni supieran defender sus intereses. Los nativos, sobre todo el pueblo awajun (grupo mayoritario en la parte nororiental del país), han sabido mantener a raya a los incas, los españoles y a los caucheros en el siglo pasado.

Si hay hombres instrumentalizados son los efectivos de las fuerzas del orden pues deben obediencia a las corrompidas autoridades de turno. Los selváticos desconfían del Gobierno porque ya intentó validar dos decretos que el Congreso tuvo que derogar por ser irregulares –el 1015 y 1073 que se emitieron de manera inconsulta y facilitaban la transferencia de las tierras comunales–.

La intención del Ejecutivo sería proscribir a las organizaciones que defienden a los nativos y al medioambiente (ONG), y procesar a los principales representantes para desarticular la movilización indígena. Así pretenden atemorizar a los que desean mantener la protesta y manifiestan abiertamente su oposición a los decretos (un paquete normativo que afecta a las comunidades).

El Gobierno aprista, bajo la mampara de la defensa de la democracia, trata de legitimizar sus acciones represivas e inconstitucionales. Hablar de democracia en un país que hace 10 años acaba de salir de una autocracia que tuvo mucho respaldo popular es prematuro y desacertado. El Perú, lamentablemente, no es una democracia aunque su sistema político posea algunos de sus elementos como elecciones “libres” y prensa “independiente”. Ni siquiera es un Estado ni mucho menos una Nación aunque esos conceptos figuren en su Constitución. Si no es ni lo uno ni lo otro no es más que un protoestado (o Estado fallido) que no ha podido consolidar el imperio de la ley. Nada une verdaderamente a los peruanos más que algunos potajes de su exquisita comida, y el fútbol, cuando juega la selección nacional. Una de las razones por las que no puede ser un Estado es porque los gobiernos suelen ser los principales trasgresores de las normas y la ética, como vemos en este caso. Sin contrato social no se puede asegurar que nos cobija un Estado de derecho. El empleo de la fuerza y la ausencia de diálogo y enmienda de los funcionarios gubernamentales, en el caso de la masacre de Bagua, confirma lo anterior.

Los indígenas de la Amazonía, desde ese punto de vista, no tienen por qué reconocer la autoridad del Gobierno ni las leyes que se promulgan en la capital. El Estado fue una construcción artificial que se les impuso desde la llegada de los conquistadores. Este sólo ejerce sus funciones mediante la coacción y la amenaza, en lugar de hacerlo mediante la legitimidad y el respeto de los derechos humanos. El desconocimiento y la falta de instrumentalización del Convenio N° 169 de la OIT, sobre comunidades nativas, revela lo poco que le interesan los derechos de las minorías.

Mucho me temo que la escisión territorial se materialice a medida que las necesidades más urgentes de la población sigan siendo desatendidas. La ausencia de reformas en materia de salud y educación, por ejemplo, dice mucho de un orden o sistema que desea mantener las desigualdades. Sin cambios tangibles y reales, y no groseros maquillajes estadísticos que no reflejan la realidad (sobre la dimensión de la pobreza y el crecimiento económico), nos acercamos al borde del abismo. Mientras los legisladores exhiban sus trapos sucios en el Parlamento sin ánimo de buscar una solución al problema de la Amazonía, las cosas se agudizarán y serán humanamente imprevisibles.

El día 11 habrá un paro general en la región. Las comunidades y diversas organizaciones sociales han acordado varios puntos tras la IV Cumbre Amazónica entre los que destacan el levantamiento del toque de queda en Bagua, del estado de emergencia en varias pronvicias y la renuncia del Gabinete ministerial presidido por Yehude Simon. También solicitan la vacancia presidencial, el establecimiento de una Comisión Multisectorial que investigue los luctuosos hechos de la semana pasada y la reforma de la Constitución.

Las fracturas sociales exhibidas en la ciudad de Bagua y sus cercanías, son prueba de un enorme descontento interno que puede conducirnos a un escenario apocalíptico. Esto, en palabras de Karl Marx, “puede tener un final horroroso o convertirse en un horror sin final”.

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[1] Algunos nativos tenían entrenamiento militar por haber combatido en el Cenepa y se enrolaron voluntariamente en las Fuerzas Armadas.

Amazonian peruvian war: State, be or NOT BE?

By Cesar Reyna

The policemen who died between Friday and Saturday did not last for the homeland, but to bring the dog in the manger policy of President Alan García, who is to deliver land and forest resources to private. However, this does not mean that the uniformed victims have sought the endorsement of the Executive should therefore obey the policy makers in the industry. Their involvement in the conflict was inadvertent and that no one wants to die or be injured by their own countrymen in a riot. If you killed 24 officers and NCOs was a strategic mistake by his superiors, who were denied the necessary support to accomplish this task, ie, equipment, food, etc..

The bulk of police personnel earn around 800 soles ($ 280), a small amount to survive and support their families. Those who enter the service do so for lack of opportunities (work and education) because nobody wants to receive a miserable salary and perform their work under deplorable conditions. Several relatives of the fallen have expressed dissatisfaction with the operations conducted to liberate a road near the city of Bagua in the Amazon region. The relatives say that police were not prepared or where to sleep at night. Many were sent to the area without the necessary experience to contain an angry population. Casualties would be the result of improvisation with which he executed the clearing of the road for the troubled newspaper El Comercio showed that Minister of Interior and its police command ignored intelligence reports about the organizational and logistical capacities of the Amazon. While it seems that the authorities underestimated the reaction of the tribes and people of Bagua [1], it seems that the sacrifice of the police might be deliberate to disqualify the natives and their specifications claims. Garcia somehow tried to link the confrontation protest Amazon during the first six weeks was peaceful, with the aspirations of presidents Hugo Chávez and Evo Morales.

The hypothesis that the police were sent to slaughter a lot of strength comes from dividing the statements of Alan García and his ministers, who incited the violence described as "ignorant" to the natives last week. These characters, expressed that there is a conspiracy behind the international indigenous mobilizations. Affirm the presence of agents and money from neighbors is a bluff with this is to delegitimize their claims as if they knew they had no discernment or defend their interests. The natives, especially the people Awajun (majority group in the northeastern part of the country), have managed to keep at bay the Incas, the Spaniards and the rubber in the last century. If there are men instrumentalised effective law enforcement because they must obey the corrupt authorities in turn. The jungle because they distrust the government attempted to validate two decrees that Congress had to be repealed by the irregular-1015 and 1073 that were released so inconsulta and facilitate the transfer of communal land. The Executive's intention is to outlaw organizations that defend the natives and the environment (NGOs), and bring those players in order to disrupt the indigenous mobilization. So seek to intimidate those who want to keep the protest and openly express their opposition to the decrees (a regulatory package that affects communities).

APRA -the Party on government, under the screen of the defense of democracy, is trying to legitimize its repressive and unconstitutional. Talking about democracy in a country that 10 years ago has just emerged from an autocracy that was very popular is unfortunate and premature. The Peru, unfortunately, is not a democracy but its political system has some elements of their election as "free" press and "independent." It is not even a state let alone a nation even though these concepts are included in its Constitution. If it is neither the one nor the other is just a protoestado (or failed state) that has not been able to consolidate the rule of law. Nothing really connects to the Peruvian stews more than some of its exquisite food, and football, where the national team plays. One of the reasons why it can not be a state is because governments are usually the main transgressor of the rules and ethics, as we see in this case. Without social contract is no assurance that we are a blanket rule of law. The use of force and lack of dialogue and amendments to government officials, for the slaughter of Bagua, confirms this. The Indians of the Amazon, from that standpoint, they need not recognize the authority of the government or the laws that are promulgated in the capital. The state was an artificial construction that were imposed after the arrival of the conquistadors. This only performs its functions through coercion and threats, rather than by the legitimacy and respect for human rights. Ignorance and lack of exploitation of the Convention No. 169 on indigenous communities, shows how little you care rights of minorities. I fear that the territorial division will materialize as the most urgent needs of the population remain unmet.

The lack of reforms in health and education, for example, says much of an order or system that wants to maintain inequality. Without real and tangible changes, not rude, make statistics do not reflect reality (on the scale of poverty and economic growth), we get closer to the brink. While legislators show their dirty linen in Parliament but not a solution to the problem of the Amazon, things will worsen and humanly unpredictable. The 11 days will be a general strike in the region. Communities and various social organizations have agreed on several points after the Fourth Summit Amazónica notably the lifting of the curfew in Bagua, the state of emergency in several pronvicias and the resignation of the Cabinet chaired by Yehuda Simon. They also ask the presidential vacancy, the establishment of a multisectoral commission to investigate the tragic events of last week and the reform of the Constitution. The social display in the town of Bagua and its vicinity, are evidence of a huge disappointment that they can bring an apocalyptic scenario. This, in the words of Karl Marx, "can have a horrific end, or become a horror without end."

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[1] Some natives had fought for military training in the Cenepa and voluntarily enrolled in the Armed Forces.

PERU: Legislative Decree 1090, who has not read is Alan García

By Cesar Reyna


When President Garcia said that "if we do not exploit the natural resources (oil, gas and mining), the State would have no money to meet the most urgent needs of the population," is implicitly admitting that the Peruvians are unable to generate revenue through our effort. His claim is serious because it condemned the country to rely solely on what can be extracted from the subsurface, or land, and not what it can produce through his intellect. Under the optical hallucination García, Peruvians should be protected because they can not organize or to decide what suits them. Thus the natives of the jungle, he says, are not capable of understanding the scope and meaning of a set of standards designed to promote and protect the environment. " More than once repeated that indigenous people and their representatives have not read the decrees that question, and is no longer influenced by ideologies and distorted versions of characters who "hates our investment."

Garcia did not see anything wrong in the decrees that are debated in Parliament and executive level through the first Yehuda Simon. Has no intention of yielding in negotiations with representatives of the people at Amazon have said that the rules are in accordance with the law and are beneficial for the country. But if what the president says is true, why the Ombudsman's Office, an autonomous body which is part of the state, has raised the unconstitutionality of the 1064 Act and has found anomalies in the 1090 decree that stands? Reports of this entity can be read for several days on their website. Hence, if someone did not understand what they regulate or fail these standards is the Doctor Garcia. Nothing cost the president informed it that the state institution specialized in recommending that others bring their actions to the law, had to believe based on the item.

The findings of the Ombudsman's Report on the D. Leg. 1090, to be discussed on Thursday whether it was constitutional or not in full, are demolishing. The questions are easy to understand because they are detailed and listed. Basically there are three objections which presented the controversial decree and are referred to: "1) the exclusion of forest land suitability and forest plantations of the regime of natural resources and forestry resources, 2) changes in forestry institutions, and 3) a provision related to the treatment of controversial origin of the wood. "

On the first point, the Ombudsman has rightly noted that "(...) The Legislative Decree No. 1090, unlike the regulated area of the Forest Act repeal not deemed to plantations and forest lands whose ability to use higher forest, in its list of forest resources. " This is disturbing because according to Article 22 paragraph 2 of the Constitution, the State must protect the fundamental right of all Peruvians to enjoy a healthy and balanced life. And natural resources are part of the content of that right. It therefore has a duty to protect its sustainable use, conservation of biodiversity and natural protected areas and sustainable development of Amazonia, with appropriate legislation (Articles 67, 68 and 69 of the Constitution). "Natural resources are part of the law and, moreover, are the patrimony of the Nation," said the Ombudsman in its conclusions. "However, the Organic Law for the Sustainable Use of Natural Resources does not provide the criteria and procedure to be used to qualify or disqualify a component of nature as a natural resource." Then goes on to say "(...) The exclusion of these components of the condition of forest resources and, therefore, naturally, creates uncertainty regarding the consequences of a possible application of Legislative Decree No. 1090. This situation was aggravated by not being governed by decree of the methods of sustainable harvesting, or the conditions or restrictions on its use. "

Regarding point two, the report argues that the 1090 decree "would weaken the mechanisms that ensured the sustainable use of forest plantations and maintains uncertainty about the regime applicable to land use whose ability to use larger forest." This would occur because "(...) There is no certainty with respect to the body that will take over the functions previously fulfilled the INRENA, through the Forest Wildlife, or the hierarchical level that it would have within the farming sector" . Also, "(...) was deleted from the National Forest Policy Advisory (CONAFOR) mechanism to allow public participation in forest policy decisions." This decree, like abolishing the unconstitutional 1064 negotiation between communities and companies exploiting natural resources on their land, imposing the easement, eliminating privileges of the affected or interested in the exploitation of forest resources. The dialogue seems to be important for a president who is considered a "democrat". Garcia no room for reason or for social protests or civil disturbance that we must trust that is leading us toward a better destiny. He knows better than anyone, after his speech anthological dog in the manger, which "identified" with "clear" the ills that afflict us, which requires the country. So minimize the claims of indigenous peoples, saying that his irrational mobilization due to their lack of understanding of reading (?).

Moreover, moving to more technical issues (legal), I agreed to revise Article 41 of the Act since 1090, according to the Office, "would legalize the controversial origin of wood, which could encourage unlawful conduct." This, rather than make improvements to the previous Law on Fauna and Flora, "which could generate primary forest was cleared to increase the number of hectares of forest land with fitness."

In conclusion, we need to demystify the topic of oil self-sufficiency - an argument that the government uses to forest concessions and not having to import crude, because no good use locally produced fuel deposits and if the consumer ultimately paid for the petrol and diesel at international prices. What savings you get it? None, no benefits, unless they are renegotiated contracts with oil companies to fill the tank with a dollar or less as in Venezuela or Ecuador.