By Brendan Oliver Bergh
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – A new law has been passed in Brazil requiring radio frequency ID tags to be placed in every Brazilian car, new and on the road.

The radio ID tags are to be placed in car windshields and antenna in order to broadcast a variety of information including the “vehicle year or fabrication, make, model, combustible, engine power and license plate number.”

Checkpoints will be placed throughout the country to immediately track all automobiles in the nation, including their entrance and exit from the country. These checkpoints are expected to improve safety in cargo haulers, toll roads and other road based infrastructure. Administrators hope that in the future the chips will be used to  automatically open gates and pay highway tolls.

While citizens are probably appreciative of the security aspects – stolen cars will be able to be tracked to nearby checkpoints and automatically notify police. The fact that the government will be able to place a citizen’s car anywhere in the nation is worrying.  Many consider this to be an unparalleled breach of privacy, and the possibility of misuse is staggering.

Known as the “National System for Automatic Vehicle Identification” (Siniav), this Federal Resolution as administered by the National traffic Department requires that the system will be compulsory for all citizens by the 1^st of January 2013. The implementation is scheduled to be completed by June 30, 2014. This required installation will cost all car owners approximately $5 for installation, while all new cars will have them pre-installed.

Officially the Siniav will allow for instant identification and location of fixed or mobile vehicles. This surveillance will be able to track the car throughout the country.

The quick identification of vehicles is worrying to some individuals. While the Brazilian government claims that the system will be confidential and secure, disclosure through a third party system does not alleviate suspicious. Despite the fact that all contractors involved with the program are required to sign confidentiality agreements, many believe it to be an unreasonable invasion of privacy. Some agencies believe that the increased security measures are a justifiable governmental interest and these electronic tracers are reasonable method for tracking automobiles.

The Order of Lawyers of Brazil, believe that knowing the exact location of the vehicle and its owner would be a violation of their constitutional right to privacy and the security of its citizens. All this confidential information must be held securely; and they find that that knowledge about vehicle ownership held by a contractor is contrary to public safety.

For further information, please see:

Zero Hora – Vehicles Need To Have Electronic Monitoring Until 2014 – 8 October 2012

BoingBoing – Brazil To Roll Out National Radio-Chip ID/Surveillance/Logging For All Vehicles – 6 October 2012

Brasilia Em Tempo Real – SINIAV Become Operational In January 2013 – 3 October 2012

Diario de Pernambuco – Vehicle Identification System Divides Expert Opinion – 3 October 2012

Segs – Operation of Siniav Will Be From January 2013 – 3 October 2012

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

LIMA, Peru – Shining Path, making good on their threat to disrupt the flow of natural gas, have carried out an attack in the central region of Cusco that may threaten the nations gas production.

Early Saturday morning, members of The Communist Party of Peru, more commonly known as the terrorist organization The Shining Path executed a daring raid on a private companies infrastructure and heli-transportation. Members axed through metal barriers and made their way directly to the airfield. Using crude explosive charges, the terrorists destroyed three helicopters, and a security control room before disappearing into the jungle.

These helicopters were used to transfer staff of “Transportadora de Gas del Peru,” (TGP) which monitors and operates the pipeline through Peru.

The attack seems to have had the desired effect as security personnel ran from the explosions terrified. Due to this destruction the TGP has announced that it has suspended all maintenance work on the pipeline until security can be reestablished.

Terrorist leader Martin Quispe Palomino took credit for the attack and announced that this was a reprisal for the companies’ refusal to pay “quotas” for working in the Cusco jungle.

While there have been reports that Shining Path has been severely weakened and a shell of its former 1980s self, their sudden surge of activity is giving the Peruvian military and government pause.  Despite the death of one of their leaders a few weeks ago, the Shining Path shows no signs of slowing down. As evident by this recent attack, and the kidnapping of dozens of gas workers in April, the organization seems to have branched out from merely ambushing and attacking the Peruvian army.

The US has remarked that the drug trade being pushed and pursued by the Shining Path are a detriment to Peruvian society and have offered any sort of assistance to the Peruvian government in their anti-terrorist crusade. Defense Secretary Leon Panetta in a recent trip emphasized the need to work together on the issues of terrorism and drug trafficking. That the illegal drug business being conducted in the Peruvian valley has a detrimental effect on every country in the hemisphere. Leon Panetta reiterated his promise for the US to assist in protecting the inner security of the country.

It is unclear exactly what this damage will cause to the natural gas requirements and expectations of the Peruvian government, but what is known is this conflict is far from over.

For further information, please see:

La Republica – Helicopters Destroyed Three Businesses Operating in Camisea – 7 October 2012

La Republica – U.S. Reiterates That Drug Trafficking Is A Threat To Peru – 7 October 2012

The BBC – Peru Rebels Burn Helicopters At Jungle Airfield – 6 October 2012

The BBC – Peru Shining Path Rebel Comrade Williams Killed – 5 September 2012

By Margaret Janelle R. Hutchinson
Impunity Watch Reporter, South America

 LIMA, Peru – Peru’s highest court, the Constitutional Tribunal, has ruled that an Amazonian indigenous community could limit outsiders’ access to its territory and upheld the principle of communal autonomy.  The Tribunal also ordered lower courts to void the convictions of four indigenous community leaders who had been jailed during their struggle against illegal loggers, miners, and transportation workers.

“We’ve had to move heaven and earth to defend our territory, but we have won,” Esperanza Gonzales, one of the leaders facing a prison term, said at a press conference in Lima.

The Shipibo and Ese’eja community of Tres Islas, located in the southeastern region of Madre de Dios has been battling destructive trespassers for years.  Illegal miners, loggers and transportation companies have stripped portions of the land and polluted water sources.

When the community put up a gate across a road and posted a guard from the community, two of the transportation companies that served illegal miners brought suit against the community on the grounds that the gate violated the companies’ freedom of movement.

An initial court ruling in favor of the companies was upheld on appeal, and was ultimately supported by the Superior Court of Madre de Dios, which in September 2010 sentenced four community leaders to six years in prison and fines of about $2,500 each.

The Constitutional Tribunal, based its decision to overturn the lower courts’ rulings on principles from the Peruvian Constitution, International Labor Organization Convention 169 on the rights of tribal and Indigenous Peoples, jurisprudence of the Inter-American Court of Human Rights and the U.N. Declaration on the Rights of Indigenous Peoples.

Although “freedom of movement is a fundamental right, it is subject to certain constraints, such as not invading other people’s land without the owners’ consent,” the decision stated.

The case marks the first time that a Peruvian court has ruled that an indigenous community has a right not only to private property, like any citizen, but also to self-determination within its territory, as long as the aim is not secession from the country.

Although this decision is seen as big win for indigenous rights, advocates caution that there is still much progress to be made.

The ruling only guarantees indigenous communities autonomy over the surface of their land.  Sub-surface resources are still owned by the government, which can grant access to companies wishing to exploit them.

A key provision of Convention 169, which Peru ratified in 1994, is reflected in a new law that would require the government to consult with indigenous communities about any development project that would affect their territories.  The law has not yet been implemented, but the first of such consultations is expected to be held in early 2013.

For further information, please see:

Indian Country – Peru’s Constitutional Tribunal Rules in Favor of Indigenous Community – 2 October 2012

Upside Down World – Peru: Amazon Indians Win Court Case over Land Rights – 28 September 2012

Chicago Times Tribune – Peru top court puts tribal sovereignty ahead of mining, logging – 26 September 2012

Eurasia Review – Peru: Distance Between Government And Indigenous Communities Grows – 26 September 2012

International Labour Organization – Convention No. 169