By Kaitlyn Degnan
Impunity Watch Reporter, South America

CARACAS, Venezuela — Venezuelan President Nicolas Maduro’s government is facing intense scrutiny in the days leading up to the national election following the murder of an opposition leader last Wednesday. Luis Diaz, the Guarico States leader of the Democratic Action party of Guarico State was shot and killed during a public meeting.

Mr. Diaz was on stage with Lilian Tintori, a campaigner and activist. Ms. Tintori is married to opposition leader Leopoldo Lopez whose trial garnered worldwide criticism. It is unknown whether Ms. Tintori was also an intended target of the attack.

Other opposition figures have faced violence in the lead up to the election. Ms. Tintori alleged that she was the victim of at least two attacks, including the dismantling of brakes on a plane used by her team. Henrique Capriles, who lost the 2013 presidential election to Maduro has also been the victim of aggression.

President Maduro’s government has faced international criticisms in the aftermath of the killing, with statements of concern coming from a number of NGO and the United States. In a statement released the day after Diaz’s death, the Director of Amnesty International Venezuela, Marcos Gomez, said that the killing gave a “terrifying view of the state of human rights in Venezuela.”

The Democratic Action party is part of the Democratic Unity coalition, a bloc of opposition parties looking to unseat the Maduro’s Socialist Party. Democratic Action national leader Henry Ramos blames the Socialist party for Diaz’s death.

The Venezuelan government has denounced any connection between the ruling party and the killing, and has said that it would sue opposition leaders blaming the Socialist Party. Foreign Minister Delcy Rodriguez said in a tweet that trying to establish such links was in “bad faith.”

Venezuela has opened an investigation into the killing through the Public Prosecutor’s office. Government officials claim that Mr. Diaz was involve with a violent gang in Guarico, and that the killing was carried out on behest of a rival gang member.

The upcoming elections may be historical – there is a significant chance for the first time in 16 years that the Socialist Party may lose the legislature. In the past year alone, 43 people have died and hundreds have been injured during violence sparked by opposition protests..

 

For more information, please see:

Amnesty International – Venezuela: Killing of opposition politician sparks fears of spiraling violence – 26 November 2015

The Guardian – US condemns murder of opposition politician before Venezuela election – 26 November 2015

Reuters – Opposition activist’s murder shakes Venezuela before election – 26 November 2015

Business Insider – Venezuela lashes U.S., opposition amid blame over activist’s slaying – 27 November 2015

Global News – Calls for Venezuela to protect politicians after opposition leader killed – 27 November 2015

UN News Centre – Top UN human rights official calls for more safety after political opponent killing in Venezuela – 27 November 2015

Fox News – Slaying of Venezuelan opposition leader has become flashpoint ahead of elections – 28 November 2015

 

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BRASILIA, BRAZIL — A report from the United Nations Office of the High Commissioner for Human Rights states that the mud and residue unleashed in areas of Brazil earlier this month contains toxic heavy metals and chemicals at high levels. This is in contrast to declarations made by the dam’s owner that the mud released in the collapse did not present a danger to human health and that the water was not contaminated.

The report was authored by special rapporteurs John Knox and Baskut Tuncak. The rapporteurs expressed their concern that information about the toxicity of the disaster took three weeks to surface.

Samarco claims that the levels of metals and chemicals in the water, while high, are below what is considered dangerous. The Brazilian government has also backed the company’s claims that there was no increase in the presence of heavy metals.

However the report, citing data obtained from the town of Baixo Guandu’s water department, describes heavy metal levels that are “several thousand times the acceptable maximum.”

Mr. Tuncak has said that he finds it “difficult to imagine that you would see such high, elevated levels normally – in a region where people are eating fish and drinking the water – and not have major impacts on human health or the environment.”

The dam was located at an iron ore mine owned by Samarco, which is jointly owned by BHP Billton (Anglo-Australian) and Vale (Brazilian). The collapse released 60 million cubic meters of mud and mine waste into the city of Mariana and the Rio Doce.

The initial burst and resulting outpour of mud and waste killed 13 people. A quarter of a million people in the region depend on the river for drinking water, which has been cut off as a result of the incident. Thousands of fish in the river have also died.

The incident has been called Brazil’s worst environmental disaster to date. Brazil’s Environment Minister Izabella Teixeira told reporters that Brazil’s federal and state governments intend to sue Samarco for 20 billion reais ($7.2 billion) in damages.

 

For more information, please see:

Guardian – Mud from Brazil dam disaster is toxic, UN says, despite mine operator denials – 25 November 2015

Wall Street Journal – Brazil Dam’s Failure Flooded Region With Toxic Waste, U.N. Report Says – 25 November 2015

Gaurdian – Arsenic and mercury found in river days after Brazil dam burst – 26 November 2015

Reuters – Mud from Brazil dam burst is toxic, UN says – 26 November 2015

Sydney Morning Herald – Brazil to sue BHP, Vale for $7b in damages for Samarco dam burst – 28 November 2015

Reuters – RPT-UPDATE 2-Brazil to sue BHP, Vale for $5 bln in damages for dam burst – 29 November 2015

Water World – Brazil mine disaster: Doce River transporting “toxic sludge” towards protected habitat, says UN – 30 November 2015

 

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 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

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.

“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

 

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.

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