South America

Colombia/FARC Peace Talks Slowing Down According to Rebels

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BOGOTA, Colombia — FARC rebels have accused the Colombian government of stalling the peace talks. In a statement released on Tuesday, FARC head Timoleon said that FARC was “worried that on the government side there seems to be a deliberate effort to slow down (negotiations), to complicate the progress of the agreement.”

FARC Leader Timoleon Jiminez speaking in Havana, Cuba. (Photo courtesy of TeleSur)

FARC fears that the alleged stalling and the government’s emphasis on maintaining the March 23, 2016 deadline for a final agreement is a tactic to coerce the rebels to make concessions.

Negotiations for peace have been in the works in Havana, Cuba since the end of 2012. In September, Colombian President Juan Manuel Santos and FARC leadership signed an agreement on transitional justice.

However peace is not simple: there are a number of complexities which both the government and FARC leadership will have to contend. For example, FARC is not the only paramilitary group active in Colombia, and there is a concern among members that if they give up their arms they will be at risk of attack from other groups.

President Santos has said that the government plan was for FARC to set up communities in secured areas, both for their own protection and so they can be ruled out in the case of violence committed elsewhere. FARC has yet to agree to this.

During a visit to the Philippines early this week to attend the Asia-Pacific Economic Cooperation (APEC) Leaders’ Meeting, President Santos also announced that he would request a UN resolution to bring official monitors into the country to oversee the ceasefire once the final peace agreement is signed. He said that the resolution would be “the best way possible” to ensure the success of the peace process.

The conflict between Colombia and FARC rebels has been ongoing since 1948. If ended, it would signal the end of a civil conflict which has left at least 220,000 people dead.

 

For more information, please see:

Colombia Reports – Santos will ask UN to monitor and verify pending ceasefire with FARC – 16 November 2015

Latino Post – Colombia Government Seeks to Help FARC Rebels Become Law-Abiding Civilians? – 16 November 2015

TeleSur – FARC Calls on Colombian Government to Stop Stalling Peace Talks – 17 November 2015

Latin American Herald Tribune – FARC Chief Accuses Colombian Government of “Slowing Down” Peace Process – 18 November 2015

Manila Times – PH to help Colombia in peace talks – Aquino – 18 November 2015

UN Commissioner’s Statement Angers Venezuela’s Maduro

By Kaitlyn Degnan
Impunity Watch Reporter, South America

GENEVA, Switzerland — The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein called for Venezuelan President Nicolas Maduro to respect and defend human rights in Venezuela, even of those who oppose state policies. He also questioned the impartiality of the Venezuelan judicial system in political trials, such as that of opposition leader Leopoldo Lopez, who was sentenced to 14 years in prison in September.

Venezuelan President Nicolas Maduro addresses the UN Human Rights Council in Geneva. (Photo courtesy of UNPhoto)

“The Human Rights Committee also recently expressed concerns, which I share, about intimidation, threats and attacks against journalists, human rights defenders and lawyers,” said the Commissioner. He also expressed concern regarding the declared state of emergency lingering in 24 municipalities.

The commentary came at the start of a special session of the United Nations Human Rights Council regarding the human rights situation in Venezuela.

President Maduro called the Commissioner’s comments “audacious accusations and imperialist attacks … taken from the agenda of global harassment.” He accused the Commissioner’s statement as a break in internal procedure, describing it as “absolutely biased conduct.” Commissioner Zeid’s comments were delivered via a pre-recorded video statement, which was screened prior to Maduro’s speech.

Venezuela, along with member states Bolivia, Ecuador, Nicaragua, Algeria and Saudi Arabia have announced their intention to lodge a formal complaint.

Maduro also accused the United States of using human rights as a “political weapon” against Venezuela. “The West,” according to Maduro, seeks to “isolate our country.”

Paul Patin, U.S. Mission Geneva spokesperson, responded to Maduro’s accusations, calling the address an attempt to draw attention away from his government’s repressive policies before the national election.

Venezuela was recently re-elected to the Council despite criticism from around the globe. International activists had encouraged U.N. ambassadors to boycott the special session.

 

For more information, please see:

TeleSur – Maduro Slams US Misuse of Human Rights Discourse at United Nations – 12 November 2015

UN News Centre – Venezuela must uphold rights of ‘even those who disagree with state policies’ – UN human rights chief – 12 November 2015

Voice of America – UN Rights Council Criticized for Welcoming Venezuelan President – 12 November 2015

Venezuela Analysis – Venezuela’s Maduro Highlights Human Rights Advances at UNHRC, Slams Western Bias – 15 November 2015

 

Ecuador Set To Try Human Rights Violations, Postpones Start Date

By Kaitlyn Degnan
Impunity Watch Reporter, South America

QUITO, Ecuador — Ecuador will try five former military officers and an ex-police officer on charges of crimes against humanity. This is the first trial of its kind in Ecuador.

The trial, which was to begin on November 9 in front of the National Court of Justice, was postponed after one of the accused fell ill. Javier Arregui, legal counsel for accused Mario Apolo presented the court with a medical certificate stating that Apolo suffered health issues that prevented him from attending the preocedings.  The trial start was rescheduled, but the start date was not released.

Cordero-era victim Susana Cajas. (Photo courtesy of Latin American News Dispatch).

Ecuador’s Attorney General Galo Chiriboga said of the delay, “the logical thing would have been to begun the trial, and wait on a reaction by the hospital to know when the officer could be available.”

The charges surround alleged human rights violations committed against Luis Vaca, Susana Cajas and Javier Jarrin. All three were members of Alfaro Vive Carajo, a leftist guerilla group, active during the 1980s. The violations were reported to have occurred between 1985 and 1988, during the presidency of Leon Febres Cordero.

The defendants are accused of subjecting Vaca, Cajas and Jarrin to physical and psychological torture, as well as sexual abuse. The three were forcibly disappeared in 1985. Cajas and Jarrin were released after 15 days in detention, while Vaca remained detained for three years.

The detentions were confirmed in a statement by Ecuador’s fiscal general of state.

The trial will hear from 69 witnesses, 11 expert testimonials, and review more than 70 documents related to the incident.

The trial is the result of the Truth Commission launched by current President Rafael Correra in 2007 to look into allegations of rights abuses under the Cordero administration.

The victims and their families are hopeful for justice after almost 30 years of impunity.

 

For more information, please see:

TeleSur – Truth, Justice and Repatriation in Ecuador for Human Rights Day – 14 December 2014

La Republica – Ecuador celebrará juicio por crímenes de lesa humanidad denunciados por Alfaro Vive – 6 November 2015

La Hora – Militares retirados respaldan a procesados – 7 November 2015

Fiscalía General del Estado – El caso ‘Vaca, Cajas, Jarrín’, por lesa humanidad, cumple 30 años de impunidad – 9 November 2015

International Business Times – First Ecuador Human Rights Trial Begins for Crimes Against Humanity in Alleged 1980s Abuses – 9 November 2015

Latin America News Dispatch – Ecuador Proceeds with Historic Rights Abuse Case Against Former Officers – 9 November 2015

TeleSur – UPDATE: Trial in Ecuador for Crimes Against Humanity Postponed – 9 November 2015

 

Chile Disputes Creation of Peruvian District

By Kaitlyn Degnan
Impunity Watch Reporter, South America

SANTIAGO, Chile — Chileans are protesting in reaction to the Peruvian government’s creation of the new La Yarada-Los Palos district. The Peruvian Congress passed the decision last month and was signed into law on Saturday morning. The Chilean government has issued a statement rejecting the move.

The creation of the district would allow residents of the area to elect representation to the Peruvian Congress and to take part in national politics. President Ollanta Humala hopes the move will also push development in the area.

Peruvian President Ollanta Humala. (Photo courtesy of La Prensa SA).

A communique from the Heraldo Munoz, head of the Chilean Foreign Ministry, said that the new district “includes territory that is unquestionably Chilean.” Munoz also said that although Chile would keep open channels of diplomatic communication to resolve the matter, the new district has “significantly deteriorate[d]” the relationship between the two countries.

The area in question has been in dispute since the end of the 1879-1883 War of the Pacific. Following the war, Peru and Bolivia lost territory in the region to Chile, including Bolivia’s only outlet to the sea.

A land treaty laying out the border was signed in 1929, but both Peru and Chile have different interpretations of the treaty. As a result, both countries claim the so-called “land triangle,” which covers 37,610 square meters.

The International Court of Justice issued a ruling on the border in 2014 which awarded additional ocean territory to Peru.

The incorporation of the district comes only days after Chile complained of Peruvian military presence at the border. Chilean President Michelle Bachelet alleges that the Peruvian military travelled to an area known as Milestone 1 in vehicles and took photos. Chile interprets Milestone as the site of the border between the two countries.

Chile claims that the presence was in violation of a 1994 bilateral accord dictating procedures for the surveillance and patrol of the Peru-Chile border. Peru denies that the incident occurred. Chile has also cancelled a scheduled bilateral meeting, set for December 7.

 

For more information, please see:

BBC – Peru-Chile border defined by UN court at The Hague – 28 January 2014

Peru this Week – Chile upset over Peruvian military presence at border – 5 November 2015

Andina – Peru Ambassador: Land boundaries with Chile are perfectly established – 6 November 2015

Fox News Latino – Peru denies posting troops on border with Chile – 6 November 2015

Peru this Week – Chile border: Peru denies military presence – 6 November 2015

La Prensa – Humala enacts law to create border district despite Chile objections – 7 November 2015

Yahoo News – Peru steps up border dispute with Chile – 7 November 2015

BBC – Chile and Peru in border spat over La Yarada-Los Palos area – 8 November 2015

Costa Rica Star – Border Conflict Between Chile and Peru Intensifies – 8 November 2015

Volkswagen and Brazil to Negotiate Torture Settlement

By Kaitlyn Degnan
Impunity Watch Reporter, South America

SAO PAULO, Brazil — Volkswagen and Brazilian justice officials will negotiate a settlement for the torture of Volkswagen employees during Brazil’s military dictatorship. The company is accused for allowing the torture and detention of employees who opposed the dictatorship.

Volkswagen of Brazil. (Photo courtesy of DW.com)

The Brazilian National Truth Commission, implemented by President Dilma Rousseff in 2012 to investigate allegations of crimes and other wrongdoing during the military dictatorship of 1964 to 1985, released a final report in December 2014 saying that Volkswagen collaborated with the regime in 1972. Volkswagen handed over facilities near Sao Paolo to the regime, which were then used as detention and torture centers.

Activists representing former Volkswagen employees filed a complaint in September alleging that 12 Volkswagen employees were arrested and tortured at the factory in Sao Bernardo do Campo, which is near Sao Paolo. Other employees were allegedly laid off and placed on regime blacklists.

Lucio Bellentani, a former Volkswagen employee and communist activist reported that he was taken “in handcuffs to the personnel department” where he was tortured.

Brazilian justice officials are considering using the reparation funds to build a memorial or museum dedicated to the victims of the military dictatorship – though talks are still ongoing. Manfred Greiger, a Volkswagen official has said that discussions will go on at least into 2016: “we want to look at the pros and cons of the next steps to be taken.”

At least 400 people were disappeared during Brazil’s military dictatorship. Volkswagen is the only company named in the Truth Commission’s report to conduct its own investigation into allegations.

 

For more information, please see:

DW – Brazil: Torture lawsuit against VW – 23 September 2015

Agence France-Presse – Volkswagen to negotiate settlement in Brazil rights case – 1 November 2015

Estado – Volkswagen negocia reparação judicial por apoio à repressão durante ditadura – 1 November 2015

TeleSur – Brazil Dictatorship-Backer Volkswagen Negotiations – 1 November 2015

DW – Report: VW negotiating torture reparations in Brazil – 2 November 2015