By Brendan Oliver Bergh
Impunity Watch Reporter, South America

GUATEMALA CITY , Guatemala – Guatemalan president Otto faces accusations atrocities that would link his command to war crimes and crimes against humanity as the trial of former leader Efrain Rios Montt goes underway.

Rios Montt was indicted in January 2012 on charges related to 15 massacres of the indigenous Ixil people in 1982.  Prosecutors have begun the trial by attempting to link this Rrios Montts history of representational inhumanity, and establish how as a general he willfully ignored soldiers who used rape, torture and arson as weapons against rebels.  Montt  has yet to take the stand, and when he does will be the first Guatemalan former head of state to do so on the charges of genocide and crimes against humanity.

Related to these incidents however was testimony from former army engineer Hugo Reyes that linked current president Otto Perez to war crimes an atrocities during the Guatemalan6g6y civil war. The engineer testified that under Perez’s commanded, soldiers’ intentionally and willfully destroyed property and burned homes and killed unarmed civilians.

These accusations led to statements that President Perez has vehemently rejected, referring to witness’s testimony as “a lie” and refused to comment on the potential testimony.

During the civil war, Perez was known as Major Tito Arias commanded troops along with another officer in northwestern Guatemala. Reyes, testified that the two coordinated the burning of homes and “pulling people out so they could execute them.” He continued by explaining how soldiers would take kidnapped civilians back to the military barracks where they were tortured, killed and then unceremoniously dumped into mass graves.

This is not the first time that Perez’s past as a military officer has led to speculation. When Perez took office, many questioned his participation in the war that took 200,000 people, and lead to the forced disappearance of another 45,000.  After his ascension to the presidency, human rights activists questioned whether he would bar efforts to bring army officials accused of war crimes to justice, but beyond the rejection of Reyes testimony, Perez has not gone to lengths to stop the criminal courts from processing war criminals.

It is unknown if this testimony will lead to anything. As a sitting President he enjoys amnesty as a public officials and cannot be subpoenaed.

Reyes has stated that he fears for his life, explaining that he fears retribution from Perez and other military commanders stating “I’m totally sure that they feel nothing in their soul torturing and disappearing someone.”

For more information, please see:

Human Rights Watch – Guatemala Genocide Trial A Landmark – 19 March 2013

Reuters – Guatemalan President Rejects Testimony Linking Him To War Crimes – 5 April 2013

Stabroek News – Witness At Ex-Dictator’s Trial Links Guatemalan President To War Crimes – 5 April 2013

El Tiempo – ‘The Conviction Of Former Dictator Rios Montt Could initiate Reconciliation’ – 5 February 2013

 

By Pearl Rimon
Impunity Watch Reporter, South America

SUCRE, Bolivia – Bolivian President Evo Morales has made recent comments about the country’s withdrawal from the Inter-American Commission of Human Rights (IACHR).

This announcement came immediately after the IAHCR ‘s hearing on the construct of a road through the Isiboro Sécure National Park and Indigenous Territory.

“We are seriously considering withdrawing from the commission,” Morales said, according to The Associated Press. “We have our dignity and sovereignty to put in place in these kinds of institutions,”

President Morales’ stance is similar to Ecuadorean President’s Correa’s, who is advocating a series of reforms to the IACHR. One of Correa’s reforms is to change IAHCR’s headquarters in Washington D.C. The Commission “has offices in the United States and that country has not ratified any human rights treaty,” said Morales. President Correa and the Bolivian Alliance for the Americas (ALBA) received approval for the proposal to block the Organization of American States (OAS) rapporteur’s office from pushing reports on freedom of expression, block the office from independent financial support and place it under control from member states. The OAS is made up of ambassadors from member states.

The ALBA members have threatened to withdraw from the human rights organization if their proposal was not met. ALBA took advantage of the weakening support for the human rights system in South America. The OAS is in charge of writing the restructuring for the organization that encompasses the ALBA’s recommendations.

Morales has accused the OAS of coming to Bolivia for the purpose of defending governments “that were massacring the Bolivian people.”

OAS Secretary General José Miguel Insulza said that he would oppose efforts to weaken human rights. However, in response to the ALBA’s recommendations, Insulza proposed a statutory overhaul to govern the IACHR. His recommendations are for the governments to decide the IAHCR monitoring, force delays in the organization’s  findings and restrict the power to issue precautionary measures.

Isuluza has said, “  “The OAS and its member states need an autonomous and strong commission and an autonomous and strong court of human rights. But these bodies also need to take into consideration, in the course of their work, the points of view of the democratic governments of the hemisphere.”

The Inter-American system for the protection of human rights occurred after the adoption of the American Declaration of the Rights and Duties of Man in 1948. The Commission of Human Rights was created in 1959.

Venezuela withdrew from the American Convention on Human Rights in September.

 

For further information, please see:

Christian Science Monitor — Victory for human rights in Latin America? – 25 March 13

 Al Jazeera — The IACHR against colonialism – 23 March 13

 Fox News Latino — Bolivia Threatens To Pull Out of International Human Rights Organization – 22 March 13

Americas Quarterly — Human Rights Under Siege in the Americas – 12 February 13

By Pearl Rimon
Impunity Watch Reporter, South America

 LIMA, Peru – Peru has reinstated selective military service. However, this obligatory military service can be avoided by paying a $700 fee. The government of Peru is being accused for imposing a draft for the poor.

Military service in Peru has been voluntary since 1998, but the harsh conditions and lack of incentives has left the armed forces short 30,000 recruits this year.

President Ollanta Humala, a former army officer, reimposed the draft via decree. Military chief Adm. Jose Cueto announced that the draft would be held in May. The draft applies to all males between the ages of 18 to 25 chosen by lottery. There are exemptions for parents, university students and anyone who can afford the $700 fee.

“It seems to me completely improvised with the aggravating factor that it directly affects the poor,” said human rights activist Wilfredo Ardito. Ardito called the draft discriminatory on several counts. The poor get hit twice — they cannot afford neither higher education nor the fine, he said.

Adm. Cueto believes that President Humala acted out of necessity in issuing the decree. He told The Associated Press that Peruvian armed forces are operating in a different era from the one in the 1980s and 1990s that contained many human rights abuses.

The draft entails two years of obligatory military service. Cueto believes that the draft would be beneficial for poor young men.  He has said, “Military service has been stigmatized as something bad and the exact opposite is true, because it provides a series of benefits to young men, principally those of humble means. It offers instruction, trains them, creates values and, in addition, gives them a profession.”

Peru’s southeastern hot zone, located between the Purimac and Ene river valley is where more than 80 soldiers have been killed since 2008 in battles between the cocaine-funded vestiges of the Shining Path.

The soldiers who participate in the draft are paid a little more than $100 per month and can increase to $146 with room and board included. However, the minimum wage in Peru is $283 per month.

Most of the citizens are against this draft seemingly imposed just on the poor. “I’m against it. They would be depriving young people of their right to decide. A lot people here can’t afford to pay (the fine),” said Eduard Rodriguez, a 24-year-old gastronomy student.

Peru may have taken a cue from neighboring countries in the reinstatement of its draft, since Boliva and Colombia have ranks of their armed forces filled by many poor citizens.

 

For more information, please see:

Associated Press —Peru criticized for ‘avoidable’ military draft – 27 March 13

East Oregonian — Peru criticized for ‘avoidable’ military draft – 27 March 13

Fox News Latino — Peru Criticized For Military Draft On The Poor – 27 March 13

Yahoo News —  Peru criticized for ‘avoidable’ military draft – 27 March 13

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BOGOTA, Colmbia – Colombia is in the midst of progressing gay rights and supporting same-sex marriage. A court ruling has been mulling around the Colombian House of Representatives that would effectively legalize gay marriage. The A new bill has passed the first of four major votes, but is not expected to progress through the senate unless an impasse is found amongst legislators.

At this moment Colombia does not recognize gay marriage, but the country has been progressing since the homosexual activity was decriminalized in 1980s. Between 2007 and 2008, the Constitutional Court made three rulings that gave same-sex couples the same pension, social security, inheritance and property rights as heterosexual couples.

The bill making the rounds has a time limit. If the Congress does not pass a  “comprehensive, systematic and orderly legislation” by June 20, 2013, same-sex couples will automatically be granted all marriage rights. Their ruling held that the Colombian Constitution which defined a marriage between ‘man and woman’ does not “’imply a prohibition against a legal bond between homosexuals, similar or equal to that of the heterosexual couples.”

While the courts have been supportive, it seems unlikely that the legislature will be able to find a solution and the court’s ruling will take effect. According to Augusto Posada the Speaker of the House “the issue is not going, because I have not seen any initiative from the pews to pull it off,” indicating that religious opposition  may have something to do with senators indecision to find comprehensive legislation. Previously, six different bills attempting to legalize same-sex marriage have been proposed and defeated, with religious conservatives remaining opposed to any such legislation.

According to opposition within the Senate some believe that homosexuals cannot constitute a marriage or family, and if new legislation would grant those abilities as well as the ability to adopt would be the gateway to legitimatized pedophilia. While parts of the arguments seem archaic, Conservative party spokesman is weary of allowing the courts to dictate laws. Senator Hernán Andrade has called for the bill be put to a referendum, and see whether the citizens would support the bill.

According to polls taken back in 2010, Colombians seemingly support marriage equality, with 63% of Bogota supporting gay marriage.

For more information, please see:

El Tiempo – If There Is No Law, Gay Unions Would Be Entitled To Only Solemn – 23 March 2013

RCN Radio – Colombia Will Not marriages of Same-Sex Couples – 24 March 2013

Edge On The Net – Colombian High Court Stands Firm On Gay Rights Support – 13 March 2013

Gay Star News – Gay Marriage Bill Passes First Vote In Colombia – 5 December 2012