Global Network Latin America

The Latin American organizations members of GLOBAL NETWORK express our rejection of the acts of violence and death ocurred in the Peruvian jungle, and we express our solidarity to the affected individuals and their families.

If someone wanted to measure the impact of the Free Trade Agreements on the citizens of Latin America, what has happened in Peru [in the last days] provides a clear token of the social uncertainty that brings to impose foreign investment promotion policies over natural resource in areas where indigenous South American population have lived for millenia. The Free Trade logic only perceives figures and business opportunities, without taking into account the grave social and environmental sequels of such decissions.

The social mobilizations and public acts of protest from peasant and indigenous Peruvian organizations take place after the resistance of the Peruvian Government to comply with the obligations with ILO under Convention 169. Convention 169 recognizes the aspiration of indigenous peoples to exercise control of their own institutions, their own livelihood and their economic development, and to maintain and strengthen their identities, languages and religions, within the framework of the State in which they live. The Convention stems from the conviction that indigenous and tribal peoples have the right to continue to exist without losing their own identity and with the possibility to determine by themselves the way and pace of their development.

It is not true that social organizations have not resorted to legal instances to defend from laws that violate their rights.

The ILO formally received in August 2008, from various trade union, peasant, indigenous and civil society organizations, information on the breach of Convention 169, which was channeled through the Peruvian central trade unions CGTP, CUT and CATP. This information has been contrasted with the response sent by the Peruvian government and reviewed by the Committee of Experts on the Application of Conventions and Recommendations at its meeting held in November 2008, and published in February 2009. It is clear from reading the opinion of the Commission, the ILO already noted the errors and failures that the government had incurred in giving the challenged laws. Let us read:

“The Committee notes from the Government's report that the Government has made some effort with regard to consultation and participation; however, it is concerned that from the communications, drawn up with full participation of the indigenous peoples, and the report from the Office of the People's Ombudsperson that these efforts appear to be isolated and sporadic and at times not in line with the Convention (for example, information meetings being held rather than consultations). There is a lack of participation and consultation for tackling the numerous disputes connected with the exploitation of resources in lands traditionally occupied by indigenous peoples. The Committee expresses its concern regarding the communications received and the lack of comments on them from the Government. The Committee urges the Government to adopt the necessary measures, with the participation and consultation of the indigenous peoples, to ensure (1) the participation and consultation of the indigenous peoples in a coordinated and systematic manner in the light of Articles 2, 6, 7, 15 and 33 of the Convention; (2) the identification of urgent situations connected with the exploitation of natural resources which endanger the persons, institutions, property, work, culture and environment of the peoples concerned and the prompt application of special measures necessary to safeguard them. The Committee requests the Government to supply information in this respect, together with its comments on the communications received”1 . ()

Despite these concerns and urges from ILO expressed in February 2009, three months before this current conflict, the Government prefers not to listen to the invocation of ILO and maintain a position of intransigence toward the righteous request of indigenous organizations, which are according to the law and international conventions. How many pointless deaths could have been avoided if the Peruvian Government had complied with the recommendations of the ILO.

The opposition of the Peruvian government provokes a call from ILO to provide public explanations before its organs of control and the international community, regarding the unfulfillment of Convention 169 on indigenous and tribal peoples, ratified by Peru 15 years ago. This call takes place after repeated observations from ILO regarding the violation of the Convention committed by the Peruvian government, which have not been into account into the public policies and national legal regulations.

On June 11, government officials shall stand before the ILO and provide their explanations. What can be said now, when besides the refusal to comply with its obligations, there is a balance of dead people and an unprecedented increase in social conflictivity in the Peruvian jungle.

While this all happen, the machinery of Free Trade keeps rolling, without even waiting to bury the death. Next week, in Bogota, Colombia, commercial negotiations will continue on Free Trade Agreements among the European Union, Colombia, Peru and Ecuador.

GLOBAL NETWORK calls for halt on trade negotiations with the European Union until citizen rights and environment protection are efectively guaranteed, and until an independent commission leads to a thorough investigation of the events occurred in the Peruvian jungle.

GLOBAL NETWORK calls to form a special commission of ILO for Peru, to evaluate the fulfillment of Convention 169 and to support Social Dialog with the indigenous population.

We invoke all workers' representatives at the Annual Conference of the ILO in Geneva to support this claim.

RESPECT OF THE ILO CONVENTIONS SIGNED BY PERU

RESTORATION OF THE SOCIAL DIALOGUE AND RESPECT FOR THE RIGHTS OF INDIGENOUS PEOPLES IN LATIN AMERICA AND PERU

GLOBAL NETWORK Members

FOCO-ARGENTINA
CENAC-BOLIVIA
OBSERVATORIO SOCIAL-BRASIL
ENS-COLOMBIA
CENDA-CHILE
MUJER Y TRABAJO-CHILE
SERPAJ-ECUADOR
GMIES – EL SALVADOR
CILAS-MEXICO
IESI-PERU
PLADES-PERU
INSTITUTO CUESTA DUARTE - URUGUAY

(1) http://www.ilo.org/ilolex/gbe/ceacr2009.htm, CEACR: Individual Observation concerning Indigenous and Tribal Peoples Convention, 1989 (No. 169) Peru (ratification: 1994) Published: 2009.