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Concerns over the irregular humanitarian pardon granted by President Pedro Pablo Kuczynski

Concerns aimed at the EU after pardon of former Peru president Fujimori

Brussels, Monday, 29^th January, 2018

The “Plataforma Europa Peru” (PEP), the “EU-LAT Network” (ex CIFCA and Grupo Sur) and CIDSE would like to express their deepest concern to the European Union over the human rights situation in Peru, after the pardon granted to former president Alberto Fujimori, who had been sentenced to 25 years in prison for grave human rights violation. The three civil society networks ask the European Union and Member States to express their deepest concern to the situation and ask the Peruvian State to guarantee the right of the victims and/or their families to truth, justice and reparation, as well as guarantee the effective implementation of international human rights’ norms and judicial sentences given to the Peruvian State by national and international juridical mechanisms.

As indicated by the Inter-American Commission of Human Rights¹, the granting of the pardon for alleged health reasons did not comply with the fundamental legal requirements, nor did it respect the elements of transparency and independence of due process, which should have been key during the undertaken technical medical evaluation. This jeopardizes the progress made in recent years in the advancement of democracy and the strengthening of the rule of law in Peru, both of which are
central elements in the European Union’s foreign policy with this country. It also represents a major setback in the search for truth, justice and reparation²for the victims of the internal conflict (1980 – 2000).

On April 7^th 2009, Alberto Fujimori was sentenced to 25 years in prison for grave human rights violation and for crimes against humanity. This sentence was ratified by the Peruvian Supreme Court in December 2009. Amongst other crimes, Fujimori was found guilty of the assassination of nine students and one professor from the University La Cantuta, and the assassination of fifteen people in Barrio Altos, Lima.

These crimes were classified as crimes against humanity by the Inter-American Court of Human Rights in its judgement in the case against Alberto Fujimori in 2011. According to the international human rights law, explicitly endorsed by Inter-American Court during its ruling, crimes against humanity are not subject to pardons or amnesties, given the gravity of the crimes committed. Fujimori was also found guilty of corruption and diversion of funds.

It is important to highlight that the pardon took place in the midst of a political crisis, caused by corruption allegations that have affected a vast number of politicians, including the president, who feared being forced out of office. In fact, president Kuczynski reportedly only escaped being forced to vacate because a number of members of Congress who belong to Fujimori’s pro party abstained their vote, reason why the number of votes required for impeachment was not reached.

The pardon granted on the 24^th of December by president Pedro Pablo Kuczynski has been interpreted as a political move to please the Fujimoristas. The Pro-Fujimori party has a majority in Congress and, over the last year, it has limited the Executive’s capacity to govern effectively. From a wider perspective, the pardon can be considered a part of an impunity pact between the Peruvian government and the Fujimoristas, which seeks to cover corruption allegations as well as grave human rights violations over the last decades.

The political background severely questions the fact that the pardon responded to humanitarian reasons. The call for a “national reconciliation” mentioned by president Kuczynski is very worrisome when the rights of victims of human rights violations during the Fujimori mandate are being sidelined and placed below interests that appear to be politically motivated.

The Inter-American Court and the Inter-American Commission of Human Rights voiced their rejection to the pardon because “Peru failed to carry out the Court’s ruling and failed to fulfil its international obligations”. They have also called for the implementation of necessary measures to reestablish the rights of the affected victims.

Because of recent events, the PEP, the EU-LAT Network and CIDSE ask the European Union and Member States to condemn the current situation that allows for grave human rights violations to remain in impunity, and to:

Ask the Peruvian state to abide by any forthcoming decision taken by the Inter-American Court of Human Rights, which is holding a special session on February 2^nd to assess the legality of the pardon and its consequences, – a hearing requested by human rights organizations representing the victims;
Within the framework of the European Union – Peru dialogue, the European Union should follow up on the results from the legal hearing that took place on 26^th January 2018 at the National Penal Court, pertaining the Pativilca case;
To ask the Peruvian State to adopt the necessary measures to reestablish the right of the victims to truth, justice and reparation, and to follow the recommendations of international experts and institutions to strengthen the rule of law.
To give their public endorsement to international mechanisms for the protection of human rights, including the Inter-American Commission of Human Rights, in their recommendations to the Peruvian State concerning the pardon;
To take complementary measures to ensure the full compliance to the Democratic Clause subscribed to by all Member States to the Trade Agreement between the European Union, Peru, Colombia and Ecuador.

Plataforma Europa Perú, Red EU-LAT (ex CIFCA y Grupo Sur), CIDSE

Sources;

¹Comunicado de prensa 218/17; “CIDH expresa profunda preocupación y cuestiona el indulto concedido a Alberto Fujimori”.

²Cabe recordar que la Unión Europea misma había financiado proyectos relativos al seguimiento de las recomendaciones de la Comisión Verdad y Reconciliación en 2006.

“Proyecto Mirador”: Mining in the Cordillera del Condor, Ecuador

Acción Ecológica resists the mining project along with the locals

28^th February 2018

Gloria Chicaiza Aguilar is the head of “Acción Ecológica”, an Ecuadorian NGO that strives for social and ecological justice according to the principles of ‘Buen Vivir’ and ecologism. For more than 20 years, the organisation has opposed to private interests of the extractive industry and provides a voice to the affected communities.

Even though Ecuador has been extracting oil for decennia, larger scale mining is a relatively new phenomenon in the region. This is mainly due to the ideas of president Rafael Correa, who stayed in office from 2007 until 2017. Under his policy, the Constitution of 2008 was created, which was perceived as very progressive. This was mainly because it acknowledged Ecuador as a plurinational state and promised to develop according to the principles of ‘Buen Vivir’. These principles describe a way of doing things that is community-centred, ecologically-balanced and culturally-sensitive. In addition to this, the country has given rights to nature, which makes them the first one to do so in the whole world. Ironically, it is the same constitutional text that describes the extractive industry as a strategic and economic sector, a sector that would be controlled exclusively by the government. With resource nationalism, the government of Correa hoped to increase influence on the infamous oil-exporting industry, and wanted to stimulate the underdeveloped mining sector.

Correa’s wish to provide a boost to the large-scale mining was very clear. In 2009 a policy was voted in that would give a legal framework for the development of the mining sector. This law lead to a wave of fierce protests from anti-mining groups. They feared that the other principles listed in the constitution would not see the light of day, such as buen vivir, rights of indigenous people, protection of nature and the right for prior consent.

Even though the protest grew to larger sizes, the government signed a contract in 2012 with a Chinese mining company, EcuaCorriente S.A.. They were to extract copper, gold and silver from the region. The project “Mirador” is one of the main projects in the pro-mining campaign. The massive coppermine is located in the southern-Ecuadorian province Zamora Chinchipe, in the district Tundayme (Kanton El Pangui). El Pangui is part of the Cordillera del Condor, a mountain range with an extremely diverse fauna and flora containing more than 5 million tons of copper, 700 tons of silver and 90 tons of gold. The mine is supposed to open in 2018 and should produce 60 000 tons of copper every day.

Not only did the contract determine the future profit of EcuaCorriente and the projected income for the Ecuadorian profit, but it also determined the lives of the Shuar people and the mestizo farmers in the region. Their fertile lands would be transformed into a gigantic coppermine, nature will have to part for industrial infrastructure and roads. Waste pools will form a constant threat to public health and local rivers, only amplified with the possibility of quakes.

The Ecuadorian government facilitates the process by handing out favourable environmental impact judgements and giving the right licenses to EcuaCorriente. In addition, the army, together with the police, has been employed to protect the project against the protests of the local people. This was clearly visible in 2015, when a group of guards from EcuaCorriente drove 32 people out of their houses with assistance of Ecuadorian officials. At dawn these families were ordered to pack and leave, after which the Chinese organisation demolished their houses with bulldozers.

Since the start of the mining project in the Cordillera del Cóndor in the nineties, the whole process has been characterised by a general lack of information, of participation and of consultation concerning the local inhabitants. Not just the lack of information proved to be a problem, but also blatant misinformation was spread about the purpose and consequences of the project. EcuaCorriente told the locals deceitfully that their land would be used for livestock, which is clearly far from the truth.

The inhabitants don’t tolerate the mining activities and resist them when they can, which entails big consequences for the activists. One defender of local rights named José Tendetza was able to experience the retaliation of EcuaCorriente first hand. Because of his protests and resistance he’s been targeted with threats to him and his family. His crops have been burned and his house torched to the ground, all because of his explicit opinion on mining and the defense of land. Eventually he disappeared when he was going to a meeting regarding the problems of mining. Five days later his body was found on the banks of the river Zamora on the level of bridge Chuchumbletza, a part of the region of influence of the Mirador project.

Even though the power of the mining sector increases constantly, the locals maintain a strong resistance against the activities. They are assisted by national NGOs such as Acción Ecológica, who provide technical, political and legal support and spread the story of the Cordillera del Cóndor.

Hellas Gold pleas for reduction in letter of guarantee

Inge van der Spek, 23^rd April 2018

On the 26^th of January, a representative of Hellas Gold – daughter company of the Canadian mining company Eldorado Gold – pleaded for a reduction in the letter of guarantee[1] for the rehabilitation of their New Kokkinolakkas Tailings Management Facility (TMF).[2] This TMF is supposed to dispose of waste from the Olympias and Mavres Petres mines; from the new Madem Lakkos ore treatment facilities; as well as waste materials from old tailings and intervention areas. The mining company –which had a TTM revenue of $0.39 billion on April 3^rd 2018[3] – claims to already have invested substantial amounts of money into cleaning and rehabilitation of old disposal sites. They believe that, therefore, they earn a reduction in the letter of guarantee. The responsible authorities, however, are not giving in.

This is not so surprising if we look at the already turbulent history of this mining project. Hellas Gold bought 95% of the shares from the previous mining company present in the area in 2011, and from that moment on started developing several mining sites. The company now owns several mines in the municipality of Kassandra, on the Chalkidiki peninsula in the north of Greece: the underground silver-lead-zinc mine Mavres Petres; the underground gold-silver-lead-zinc mine Olympias; and the combined underground and open-pit gold-copper mine Skouries. Parallel with the development of these 3 mines, there is also the development of the so-called ‘New Ore Treatment Facilities’ taking place in Madem Lakkos. The permits for these facilities, however, have not yet been approved by the Greek authorities. The New Kokkinolakkas Tailings Management Facility (TMF) is part of these treatment facilities.

Since the arrival of the company to this area, the local population has been resisting against the mining activities. The main income of inhabitants of the Chalkidiki peninsula traditionally stems from farming activities, beekeeping and tourism. These activities are rooted in the rich biodiversity and astounding nature that characterises the area. As a result of the mining activities, ground water now flows away into deep holes drilled by the mining company and doesn’t reach farming fields anymore. The use of harmful chemicals impedes the growth of plants and lowers the biodiversity. Desertification will lead to soil erosion, and dust will prevent the trees from breathing, leading to their death. It is clear that the nature – and with this the source of income of the local population – is being destroyed by the mining activities. Furthermore, when the people take it to the streets to show their disagreement, their manifestations are violently suppressed by anti-terrorist police units and private security forces.

One would expect the mayor of the region to support its citizens, but this is not the case. In fact, one of the citizens explains that the mayor of Kassandra was deputy Minister of Finance in 2011 the year when the government allocated the property rights of the territory to Hellas Gold. One could therefore say that the current mayor of Kassandra made it possible for the mines and all related problems to develop. The Greek government generally claims that the development of these mines is an opportunity for the region to develop, despite the strong opposition of the inhabitants of the area.

The bad economic situation of the country makes that multinational companies such as Hellas Gold have a lot of power to influence policies. The company’s plea for a reduction in the letter of guarantee is just another practice of its power aimed at increasing its profits at the cost of the local population, financial gains for the Greek state and nature. It is to be hoped that the Greek government will stay strong and not give in to the pressure of the company. Money should never be prioritised over rights of people and rights of the nature.

Sources

Powerpoint Presentation Hellas Gold during “workshop on financial guarantees in the field of extractive waste management.” http://ec.europa.eu/environment/waste/mining/

Website Eldorado Gold: https://www.eldoradogold.com

Documentary “Unearthing disaster – Corridor X – Postscript to an Unfinished Journey – SOS Halkidiki”. By Angela Anderson. https://vimeo.com/channels/restlessminds

Website CATAPA: www.catapa.be

Eldorado Gold (EGO) Revenue and Net Income History. http://www.macrotrends.net/stocks/charts/EGO/revenue/eldorado-gold-revenue-net-income-history

[1] A letter of guarantee is an agreement between the mining company and the concerned state which states that in case collateral and/or unexpected damage occurs due to the activities of the company, the company will be obliged to pay a certain amount of money to the government.

[2] The company did so during a workshop on financial guarantees in the field of extractive waste management organised by the Directorate-General of Environment of the European Commission.

[3] http://www.macrotrends.net/stocks/charts/EGO/revenue/eldorado-gold-revenue-net-income-history

Open Min(e)d, an academic week indeed

The month of march has passed, and this means so has the Open Min(e)d week. Previously known as the ‘Academic Week’ by Catapistas, and lasting from the 4th of March until the 9th of March the week can definitely be considered a success. All in all we were able to reach an audience of over 1300 people spreading over more than 20 lectures at universities and university colleges and 8 activities directed towards a larger public. With the three guest speakers at our side and the support of many catapistas and partner organisations we have turned the week into a huge success! But who were the speakers in question?

Gloria Chicaiza (Ecuador)
Gloria came to Belgium with her story about the Cordillera del Condor, a mountain range in the Andes that is being threatened by a Chinese mining project. As part of Acción Ecologica, an Ecuadorian NGO, she fights for ideals of ‘buen vivir’, and ecological and social justice.

Margarita Aquino (Bolivia)
A story about forced eviction, suffering under the unbelievable threats that mining poses for her community; that is what Margarita was here to talk about. She shared with us her experiences from the Bolivian Altiplano. Touching upon women’s rights as well as extractivism, she continues to oppose the mining activities in her region and hopes for a more sustainable future for her children and grandchildren.

Mariana Gomez (Colombia)
Mariana is deeply involved in the movement against the destruction of nature and culture by large-scale mining. Her own village, Tolima, was threatened by the La Colosa mining project and she helped the social resistance movement by linking them to other organisations outside her community. Mariana has been explaining how the use of the legal consulta popular mechanism has led to a boom of consulta populares in Colombia becoming an inspiring example for the region.

We used to call this week the ‘Academic Week’, and for good reason. Presenting guest lectures in universities and university colleges across Flanders. We were able to bring our three interesting speakers to many different places, reaching students from environmental management to social work and students studying business management. The questions raised by the students throughout the lectures were varied and prove the importance of reaching out to different audiences.

However, we do not only want to reach students throughout this international speakers tour. Therefore, we worked together with a broad variety of civil society organisations, to organise various public events. To kick the entire Open Min(e)d week off we had quite a unique event on Sunday 4th of March in collaboration with other organisations in Gent: Breakfast with a Rebel. During the morning we welcomed people to come and have breakfast in the ABVV in Ghent whilst listening to the stories and experiences that our 5 rebels had to share. From CATAPA’s side, Gloria Chicaiza and Margarita were explaining why they form part of resistance movements in their home countries.

On International Women’s Day we co-organized a Mo*café, No Woman is an I-land, where 5 women were sharing their work regarding a more sustainable and peaceful future, including our guest speaker Mariana Gómez. The others present that evening were Jane Zelfo (from the Palestinian Organisation Musalaha), Anat Ben David (an activist at Women Wage Peace), Homa Arkani (an Iranian artist and activist) and finally Alisa Vinogradova (an activist of Femen Ukraine).

Special during this speakers tour was that we co-organized with KULeuven and People and Planet a Symposium on Challenging the Sustainability of the ICT Supply Chain as part of the Make ICT Fair project. We were not only talking about mining but also manufacturing, all the way through to public procurement. In this afternoon we were able to listen to many different inspiring speakers from public procurers, civil society organisations, research and affected communities, including our own guest speaker: Mariana Gómez.

Mirtha Vasquez visits CATAPA

This week Mirtha Vasquez visited CATAPA. She is the director of GRUFIDES and the lawyer for famous environmentalist Maxima Acuña and is based in Peru. The purpose of her visit was to lobby and raise awareness for the Defensoras in Peru and Latin America through public events and a meeting at the EU. The visit laid the groundwork for a very exciting week here at CATAPA.

On Tuesday there was an event at the Pianofabriek in Brussels called Women, gender equality, climate justice: a case for Defensoras. Besides Mirtha Vasquez, Amelia Alva Arevalo who is a researcher at University of Ghent spoke of her current research that focuses on the implementation and exercise of the prior consultation of indigenous peoples in the Andean Countries. In June-July 2017, she was on an observation mission to El Salvador on human rights violations towards Defensoras. Furthermore, Nicky Broekhoven spoke about her research that is coming from a legal perspective and focuses on gender equality, women’s rights, and environment. She is also a volunteer at the Gender and Human Rights division of Amnesty International, and advocates for a mainstreaming of gender in questions regarding human rights. The event attracted a diverse and large audience and the Pianofabriek was filled to the brim. After the presentations there was also a Q & A session with all the speakers, leading to dynamic discussions about the issues that WHRDs face.

On Wednesday there was an event at the European Parliament aimed at raising awareness on the precarious situation of women environmental activists in Latin-America. Mirtha Vasquez did a presentation together with Dr. Clara Burbano-Herrera (University of Ghent). The presentations contained recommendations for the EU concerning the protection of HRDs and WHRDs in Latin America. Much interest was garnered from MEPs and NGOs with regards to how WHRDs can be protected, both within a legal framework and through attention garnered in various press publications. MEPs also asked questions about how they could include issues discussed in the presentation within free trade agreements (FTAs) and how they should be framed in an inclusive manner.

Following the presentations of Mirtha Vasquez and Dr. Clara Burbano-Herrera there was presentations from both Florent Marcellesi (MEP Greens/EFA), Rapporteur for Opinion, and Jordi Solé (MEP Greens/EFA), member of AFET and BUDG. The presentations were concerning the protection that the EU give HRDs and how their new strategies are supported by the budget. At the request of the various civil society organisations present they elaborated further on the real life impact of the EUs commitments. It was indeed very interesting to hear about similar issues coming from both the EU and individuals affected by their policies.

Of course there was also time for an internal meeting with Mirtha Vasquez and the catapistas to discuss the current situation in Peru and future collaborations.

It was a great pleasure to have her as a guest here at CATAPA and we are very glad that so many people showed interest in listening to her description about the current problems with the mining industry and WHRDs in Peru