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

By Brendan Oliver Bergh
Impunity Watch Reporter, South America

CARACAS, Venezuela – The political climate heat turned violent in Venezuela as three political activists were shot and killed. Supports of the Presidential challenger Henrique Capriles, political opposition leaders Omar Mereno and  Antonio Avila were pronounced dead at the scene.

According to CNN, the caravan the activist leaders had been attached to had been stopped by a blockade. The opposition leaders Mereno and Availa exited the caravan, requesting permission to pass, when a gunmen opened fire upon them. Two other people were wounded. One the wounded, Hector Rojas latter succumbed to his wounds at a nearby hospital.

Survivors indicated that the blockade had been formed by a group of militant Chavez supporters.

Each of the dead were leaders of  smaller groups that had grouped together to form the opposition coalition Democratic Unity Table (MUD). Each group has come together to challenge current President Hugo Chaves. The incident occurred shortly after a rally for Presidential Hopeful Henrique Capriles. The rally was held in Caracas and was aimed to be the final push in the Coalition leaders’ bid for the presidency.

While this is the first incident of actual violence and homicide, the political battle for Venezuela has been fraught with fraud. Both sides have accused each other of fraud and misconduct. Chavez supporters claim that the opposition is intending to create a chaotic conflict that will destabilize the country. This would slow anarchy, encourage a coup, and allow the old bourgeois to return to power. They continue that these attempts for a “coup” are looking to ignore the legitimacy of Venezuelan institutions and among his despair at the loss of the elections.

Henrique Capriles believes that he is the first real opponent Hugo Chavez’s cult of personality, and that the Socialist dream he is presenting has led to a widespread meltdown of the country’s wealth, social institutions, and public trust.

Hugo Chavez, the current President of Venezuela, is seeking reelection for a third term on Sunday October 7. According to Chavez, “I have not cheated or failed” as he perpetrates that a vote against him would be akin to revoking all the social changes that Venezuela has seen in the past ten years. He has called on his supporters to avoid provocation and retribution. He continued with his message that “Not with violence that we will face off. It is with votes… with ideas.”

Within hours of the shooting six people were arrested for their alleged involvement in the crime. Three women and three men have been arrested including the supposed perpetrator of the fatal shooting.

For further information, please see:

ABC – They Stop The Perpetrator Of The Murder Of Two Politicians In Venezuela  – 1 October 2012

Clarin – Opposition Mass Rally In Caracas – 30 September 2012

El Tiempo – The Lines Of Hugo – 30 September 2012

El Universal – Chaves: “I have not cheated or I have failed” – 30 September 2012

Talcual Digital – A Third Dead – 30 September 2012

The BBC – 2 Killed As Venezuelan Campaign Turns Violent – 29 September 2012

Deadspin – Hugo Chavez’ Opposition In Venezuela Lampoons Him As An Egomaniacal Pitcher – 29 September 2012

By Brendan Oliver Bergh
Impunity Watch Reporter, South America 

SANTIAGO, Chile — Approximately 70,000 Chileans marched in Santiago and eight other cities, demanding free quality education for the entire population of Chile. The students have advocated for a stronger public education sector and an end to state subsidies to private education.

The march, while intended to peacefully influence the budget bill of 2013, ended with violent clashes with the police. At least 59 individuals were arrestedt by special police forces after the protest. Noam Titelman, president of the Federation of Catholic University Students of Chile explains, “[we are] mobilizing because we believe that so far there has been no real debate about public education.” He continues to demand that if the politicians want to earn the respect and participation of the young than they need to address their needs.

The movement still seems to have broad public support despite the length of the protest. The message of fair and free public education seems to have resonated with demonstrators elsewhere in the world. Other Latin American countries have seen students challenge their education systems, causing some to raise the Chilean flag as an example.

The government claims that the private sector involvement should be welcomed, however only 16% of higher education spending comes from public sources and three-quarters of Chile’s universities are privately owned. This privatization continues to high school as less than half of Chile’s students go to fully state-funded schools.

The first clash occurred when masked and hooded individuals threw objects at uniformed police. In response Special Police Forces used water cannons and tear gas on the protesters, those peaceful and disruptive alike.

The remaining protesters made their way to the staging area to hear the leaders of the movement speak and listen to local bands. And while students claim that they had at least 70,000 attendees, the police estimate only about 5,000 protesters.

The Chilean government has refused to respond to all the demands of the movement. In response students have planned two new protests on October 11 and 16. According to spokesman of the National coordinator of Secondary Students, Cristofer Saravia, “The 2013 budget… affects us, [and] is a small battle in the middle of our great struggle for a change in the structure of Chilean education.” He and other student leaders have promised to continue protesting until their demands to increase in the allocation of resources for public education in the National budget are met.

Of the 59 arrested, 23 were adults and 36 were minors.

For further information, please see:

Cooperativa – Amounted To 70,000 Students Attending The March In Santiago – 27 September 2012

La Segunda – Incidents Are Recorded At The End Of The Student March – 27 September 2012

Peoples Daily Online – Chilean Students March For Education Retake – 27 September 2012

The BBC – Chile’s Student Protests Show Little Sign Of Abating – 24 October 2011