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.

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

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.

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

 

 

By Kaitlyn Degnan
Impunity Watch Reporter, South America

BUENOS AIRES, Argentina — Despite polls and the media reporting to the contrary, the Presidential elections in Argentina have resulted in a tie. The top two candidates, current ruling party candidate Daniel Scioli and opposition candidate Mauricio Macri were neck in neck when votes were counted late Sunday evening.

Both candidates started fresh campaigns on Monday. They will face off against each other in a runoff election on November 22.

Results from 97 % of polling places reported that Scioli received 36.9 percent of the vote, and Macri received 34.3 percent. In Argentina, a candidate needs either 45 percent or 40 percent and a 10-point advantage in order to win. Anything less than that forces a second round, as in this case.

The tie came as a surprise – in the week leading up to the election, polls and the media were reporting that Scioli had at least a 10 percent lead over Macri. Scioli’s headquarters even declared victory late Sunday night, after the polls closed but before the final count came in.

Scioli is the handpicked Kirchnerismo successor to outgoing president Cristina Kirchner and currently the governor of the Buenos Aires province. A former vice president, he was originally seen as an easy win. Kirchnerismo is a leftist faction of Peronism (the political ideology started during the rule of Juan Domingo Peron) dominated by President Kirchner and her late husband Nestor Kirchner, who was elected as president for one term in 2003. The Kirchners, popular among the poor and working class but frequently at odds with the business community, have been in power ever since.

Macri, although a member of the opposition, has appealed during his run to Peronist ideals, a popular political movement in Argentina that crosses multiple parties. An engineer by trade, he is considered much more business friendly than the Kirchners. He is also the former president of one of Argentina’s most popular football clubs.

The third runner up in the race was Sergio Massa, a former Kirchnerismo who broke with the faction and ran as an independent candidate. Massa has the opportunity to step into a “kingmaker” role – his endorsement (and his 21 percent of the vote) could make or break either candidate. Although he was in negotiations with Macri prior to the election, as a former Kirchnerismo, he may decide to return and back Scioli.

Despite the lack of decision in the Presidential race, Sunday’s elections did prove historical for Argentina. Maria Eugenia Vidal was elected governor of the Buenos Aires province. Her election ended 30 years of control by Peronists, as she defeated Kirchnerismo former chief of staff Anibal Fernandez. Vidal is also the first ever female governor of the province. Macri appeared beside Vidal on stage following the vote count.

Macri and Scioli are set to participate in a debate on November 15.

 

New York Times – In Argentina Elections, Tight Vote Yields Presidential Runoff – 25 October 2015

BBC – Argentina election: ‘Two country’ poll highlights divisions – 26 October 2015

Buenos Aires Herald – ‘Argentina needs a change and we are ready to carry it out’ – 26 October 2015

Telegraph – Cristina Kirchner’s political project thrown into crisis by shock Argentina election result – 26 October 2015

Washington Post – After surprising election, top 2 Argentine candidates reset – 26 October 2015

 

 

By Kaitlyn Degnan
Impunity Watch Reporter, South America 

BRASILIA, Brazil — Brazil’s correctional system has often been criticized for its overcrowding, but a new report released last week by Human Rights Watch sheds light on the wide scope of the problem. The report illustrates an environment of overcrowding and corruption.

The problem is most pronounced in Pernambuco, a small northeastern state. Prisons there are meant to hold a maximum of 10,500 inmates at a time. They currently hold about 32,000 inmates, which is about three times its intended capacity. Currently, there is a thirty prisoner to one guard ratio.

Due to severe understaffing, many of Brazil’s prisons, including Pernambuco, are not controlled by guards, but by inmates. In their report, Human Rights Watch described the use of “keyholders” to maintain order in Brazil’s severely overcrowded prisons.

These keyholders, designated by penitentiary staff, maintain control over almost all aspects of life in the prisons, including the sale of drugs. Keyholders are usually backed by “militias” – strongmen who beat, threaten, and extort other prisoners.

Keyholders themselves usually have private cells, with amenities such as televisions and bathrooms. They often charge inmates about 2,000 reais (the equivalent of USD 530) for a portion of a cell and often require payment of weekly “taxes” to avoid beatings.

Prison staff maintain control over outside pavilions, the areas surrounding multiple cell blocks. Officials have been accused of turning a blind eye to the corruption, or receiving kickbacks.

Sixty percent of inmates have not been convicted and are still awaiting trial. A large number of prisoners in Pernambuco are awaiting custody hearings, wherein a judge makes a determination whether to hold or release the arrestee pending trial. Pernambuco only began providing these hearings in August 2015.  Arrestees are entitled to these hearings under international law.

Additionally, there is no separation of those awaiting trial and those convicted of lesser crimes and convicted violent criminals. Packed, unsanitary conditions have led to outbreaks of tuberculosis, HIV and sexual violence amongst prisoners.

For more information, please see:

Human Rights Watch – Brazil: Where Inmates Run the Show – 19 October 2015

Human Rights Watch – The State Let Evil Take Over – 19 October 2015

Human Rights Watch – Pernambuco’s Privatized Prisons – 20 October 2015

Vice News – This Report on Brazil’s Prisons Exposes a ‘Human Rights Disaster’ – 20 October 2015

Newsweek – Brazil’s Prisons are a ‘Human-Rights Disaster’” HRW – 21 October 2015

New Zealand Herald – Watchdog group blasts Brazil’s violent, crowded prisons – 21 October 2015