New Peruvian Law Could Violate Human Rights

By Patrick Vanderpool
Impunity Watch Reporter, South America

Peruvian Citizens Protest Irrigation Project (Photo courtesy of www.chamiradio.org)
Peruvian Citizens Protesting Lack of Water (Photo courtesy of www.chamiradio.org)

LIMA, Peru – A plan by the Peruvian government to expand agriculture by diverting water from small villages near Machu Picchu to the Arequipa region of Peru is being met with staunch resistance. 

In anticipation of the public outcry regarding this irrigation project, the Peruvian government recently passed a law allowing for the use of military force during times of civil unrest, including demonstrations.  But many fear that protesters’ rights are in jeopardy because of the new law.

The law states that, should the military commit any illegal act in the process of its deployment; these will be dealt with in military courts, which are generally considered neither impartial nor independent.

This military court stipulation is contrary to international human rights law, which calls for human rights violations to be tried in civilian courts.

Just weeks ago, demonstrators clashed with police in the town of Espinar, leaving one person dead and forty-four additional people injured.  The conflict began when Peruvians took to the streets to rally against the irrigation project, claiming that it would leave Espinar without water.

Guadalupe Marengo, Deputy Americas Director at Amnesty International, said that using the military during these protests could put the protesters at a real risk of acts of excessive force committed against them with impunity.

The city of Cuzco was recently shut down for 48-hours during a general strike to show support for the protestors in Espinar.  The strike included transportation stoppages, a student walk-out of schools in the area, and additional clashes with armed Peruvian law enforcement officials.  Although the military has not yet been deployed to quell the happenings in Cuzco, many fear that they soon will be and the results will be deadly.

Marengo also stated that “[p]ast use of the military for law enforcement purposes in Peru has resulted in grave human rights abuses, which to this day remain in impunity. It should be seriously reconsidered.”

The Peruvian government has gone ahead with the irrigation project despite two judicial rulings suspending the tender process and ordering an environmental impact assessment.

For more information, please see:

Bikyamasr- Risk of Rights Violations during Peru Water Protests – 26 September 2010

World War 4 Report – Peru: General Strike against Irrigation Project Shuts Down Cusco – 26 September 2010

Planetizen – Irrigation Project Spurs Protests in Peru – 22 September 2010

The New York Times – Clash over Peru Irrigation Project Kills One – 17 September 2010

War Crimes Prosecution Watch, Vol. 5, Issue 13 – September 27, 2010

Volume 5, Issue 13 – September 27, 2010

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo (ICC)

Kenya

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

European Court of Human Rights

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

REPORTS

NGO Reports

UN Reports

TRUTH AND RECONCILIATION COMMISSIONS

General

  • Thailand

◦                                   Bangkok Post: Peace Panel Adviser on Truth, Justice and the Way Forward

  • The Solomon Islands

◦                                   Solomon Star : RSIPF Strives for a Positive Future

◦                                   Solomon Star: Sikua: Positive Response to Police Early Retirement Scheme

  • Nepal

◦                                   The Himilayan : NHRC Expresses Concern

  • Honduras

◦                                   UN News Centre: Honduras: Ban Renews Support for Reconciliation Moves After Last Year’s Coup

Truth and Reconciliation Commission of Liberia

COMMENTARY AND PERSPECTIVES

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world.  If you do not want to receive future issues of War Crimes Prosecution Watch, please email warcrimeswatch@pilpg.org and type “unsubscribe” in the subject line.

ICC Should Decide on Gaza Conflict Investigation

ICC should decide on Gaza conflict investigation

http://www.amnesty.org/en/news-and-updates/icc-urged-decide-gaza-conflict-investigation-2010-09-27

27 September 2010

Amnesty International has urged the International Criminal Court (ICC) to decide on whether it can investigate alleged war crimes and crimes against humanity committed during the 2008-9 conflict in Gaza and southern Israel.

The Human Rights Council must make the same call after it considers today a report by a committee of independent experts highlighting the continuing failures of both the Israeli and Hamas authorities to investigate violations of international law that were documented more than a year ago by a UN fact-finding mission headed by Judge Richard Goldstone.

“Both Israeli and Hamas authorities have been given adequate time and opportunity to ensure justice for the victims, yet they are both failing to do so,” said Widney Brown, Senior Director of International Law and Policy, Amnesty International. “An international justice solution must now be found.”

Neither Israel nor the Palestinian Authority (PA) has ratified the Rome Statute. However, in January 2009, the PA declared that it accepted the ICC’s jurisdiction over all crimes committed in the territory of Palestine since July 2002.

If that declaration is valid, under the ICC’s rules it would cover all crimes committed during the conflict, both in Gaza and in southern Israel.

“Victims have waited long enough,” said Widney Brown. “It’s now time the ICC Prosecutor sought a decision on whether the Palestinian declaration submitted in 2009 allows him to act. If the Pre-Trial Chamber determines that the ICC has jurisdiction, the Prosecutor should open an investigation into crimes committed by both sides during the Gaza conflict, without delay.”

Amnesty International has called on national authorities of all states to investigate and prosecute crimes committed in the Gaza conflict before their national courts on behalf of the international community, said Widney Brown, noting that all states can prosecute war crimes and crimes against humanity – regardless of where they are committed.

Amnesty International also urged the Human Rights Council to:

  • recognize the failure of the investigations conducted by Israel and the Hamas de facto administration to comply with international law and standards;
  • call on states to investigate and prosecute crimes committed during the conflict before their national courts by exercising universal jurisdiction;
  • refer the Committee’s report to the UN General Assembly – and request that Ban Ki-moon, UN Secretary-General, place the report before the Security Council.

Campaign for International Justice
Amnesty International
1 Easton Street
London WC1X 0DW
United Kingdom
www.amnesty.org/en/international-justice

Pressure Building Over Sudan Referendum

By Laura Hirahara
Impunity Watch Reporter, Africa

Southern Sudanese marching in support of the referendum. Photo courtesy Christian Science Monitor
Southern Sudanese marching in support of the referendum. Photo courtesy Christian Science Monitor

KHARTOUM, Sudan- The referendum previously scheduled for January 9, 2011 in Sudan regarding the southern region’s succession is now in question, leading many to fear a return to the pre-2005 bloodshed that lasted over two decades and killed 2 million Sudnese, many from starvation.  Preparations for the vote are behind schedule and the voting rules that would determine who is to vote are still not in place.  President Omar al-Bashir has stated that the elections will be free and fair but many are accusing him of deliberately stalling.  Because the Southern Sudan region holds a majority of the oil fields, earlier this month U.S. Secretary of State Hilary Clinton said the “inevitable” vote for succession is a “ticking time bomb”.  Clinton’s statements reflect the concern that the North will not give up control of their oil interests without conflict.

Creating even more tension is the apparent intimidation of southern Sudanese living in the northern region.  Kamal Mohamed Obeid, Sudan’s Information Minister has stated that if the South votes for succession, any southern Sudanese living in the north will no longer enjoy the rights and privileges of citizenship in the north.  Sudan People’s Liberation Movement’s (SPLM) spokesperson, Yien Matthew Chol, said,

The NCP is making such a statement because they think that is going to coerce southerners to vote for unity. […] They have started treating southerners badly. Starting from five months ago, and now in Khartoum, you can never speak about separation. You will find yourself either disappearing, or in detention, or jailed. So, speaking about separation and the right of determination, as enshrined in the agreement, is something that the NCP sees now as a taboo.

Many are warning that if Sudan fails to hold the referendum on time and with transparency the consequences could reach farther than the country itself, creating instability in the entire region.  Organizations like Oxfam are pushing for aid groups to assist Sudan in preparing for the vote.  U.S. President Barack Obama has offered his support, stating that the Sudanese leaders who work to avoid conflict will be rewarded with improved relations with the United States, “even working to lift sanctions if leaders fulfill their obligations.  […But to those] who flout their responsibilities … there must be consequences.”

For more information, please see;

BBC- Barrack Obama Presses for Peaceful Sudan Referendum– 25 September, 2010

VOA- Southern Sudanese Intimidated in North, Says SPLM Spokesmas– 26 September, 2010

CNN- Obama, World Leaders Address Sudan Referendum at UN Summit– 24 September, 2010