New Peruvian Law Could Violate Human Rights

By Patrick Vanderpool
Impunity Watch Reporter, South America

Peruvian Citizens Protest Irrigation Project (Photo courtesy of www.chamiradio.org)
Peruvian Citizens Protesting Lack of Water (Photo courtesy of www.chamiradio.org)

LIMA, Peru – A plan by the Peruvian government to expand agriculture by diverting water from small villages near Machu Picchu to the Arequipa region of Peru is being met with staunch resistance. 

In anticipation of the public outcry regarding this irrigation project, the Peruvian government recently passed a law allowing for the use of military force during times of civil unrest, including demonstrations.  But many fear that protesters’ rights are in jeopardy because of the new law.

The law states that, should the military commit any illegal act in the process of its deployment; these will be dealt with in military courts, which are generally considered neither impartial nor independent.

This military court stipulation is contrary to international human rights law, which calls for human rights violations to be tried in civilian courts.

Just weeks ago, demonstrators clashed with police in the town of Espinar, leaving one person dead and forty-four additional people injured.  The conflict began when Peruvians took to the streets to rally against the irrigation project, claiming that it would leave Espinar without water.

Guadalupe Marengo, Deputy Americas Director at Amnesty International, said that using the military during these protests could put the protesters at a real risk of acts of excessive force committed against them with impunity.

The city of Cuzco was recently shut down for 48-hours during a general strike to show support for the protestors in Espinar.  The strike included transportation stoppages, a student walk-out of schools in the area, and additional clashes with armed Peruvian law enforcement officials.  Although the military has not yet been deployed to quell the happenings in Cuzco, many fear that they soon will be and the results will be deadly.

Marengo also stated that “[p]ast use of the military for law enforcement purposes in Peru has resulted in grave human rights abuses, which to this day remain in impunity. It should be seriously reconsidered.”

The Peruvian government has gone ahead with the irrigation project despite two judicial rulings suspending the tender process and ordering an environmental impact assessment.

For more information, please see:

Bikyamasr- Risk of Rights Violations during Peru Water Protests – 26 September 2010

World War 4 Report – Peru: General Strike against Irrigation Project Shuts Down Cusco – 26 September 2010

Planetizen – Irrigation Project Spurs Protests in Peru – 22 September 2010

The New York Times – Clash over Peru Irrigation Project Kills One – 17 September 2010

Author: Impunity Watch Archive