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Peru’s Escaz Agreement is being stalled, environmental defenders are exposed
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Peru’s Escaz Agreement is being stalled, environmental defenders are exposed

Peruvian environmentalists claim that while the defense of the forests is a high-risk venture, attempts to improve the situation made by several governments have not been successful.

Do you think paper can resist a bullet or is it just a piece of paper? Although the authorities can guarantee lives it is useless if everything remains on paper. The murders remain unpunished. Victor Zambrano is an environmental leader and president the management committee of Tambopata National Reserve. It is located in the jungle region of the southern Perus Madre de Dios.

17

The number of environmental defenders who have been killed in Peru since the Covid-19 pandemic began

Zambrano rages over the latest murder in Madre de Dios. Juan Julio Fernndez Hanco was killed twice in his Tambopata reserve buffer zone home on the 20th of March. Zambrano recalls how Juan Julio Fernndez Hanco and his family had been threatened since 2011 over their opposition to illegal mining-induced deforestation. His death saw 17 environmental defenders, all of them killed to protect their territories from illegal mining and drug trafficking since the start of the Covid-19 epidemic.

However, despite these losses the Peruvian government’s response has not been one that involves coordinated action or the application of different powers at its disposal, according to figures from rights and environmental organizations.

Defenders still defenceless

There are still no criminals in any of 17 cases of defenders that were killed during the pandemic. Katherine Sanchez, a lawyer from the Biodiversity and Indigenous Peoples program of the Peruvian Society of Environmental Law, (SPDA), a Peruvian environmental non profit, said that the country does not have the conditions to guarantee the rights of defenders.

Last years data Last line of defense reportGlobal Witness’s annual release on the environment and human rights NGO Global Witness revealed that 2020 was the deadliest year for land and environmental activists worldwide with 227 lethal attacks. Latin America was the most dangerous region, with Peru being no exception. Six defenders were killed, and dozens of communities were impacted.

A government decree was issued in 2021 issuedThe Intersectoral Mechanism for the Protection of Human Rights Defenders was created. It links eight ministries and is led by the Ministry of Justice and Human Rights. However, it does not go beyond articulating other branches of government and regional governments that should be involved with this protective work.

Peruvian authorities must coordinate the eradication illegal activities. This will negate the effectiveness of any efforts to protect human rights defenders.

While the mechanism attempts to eliminate risks, the greatest challenge is to understand what’s happening behind. [the governments actions]Sanchez says that structural changes in public policy will be more effective.

A registry of risk conditions for defenders was approved as part this mechanism. It seeks to identify areas and types that are most at risk for defenders. However, the data that would help to prevent and protect has not yet been released.

The potential impact of any other government actions is also unknown. Law 31388, which was passed in January, is also available. ExtendsThe deadline for small-scale mining companies to apply for formalisation of their operations is 2024. It was approved by Congress and President Pedro Castillo. This could weaken the fight against illegal miners, environmental and civil organizations point out.

Formalization could allow for regulation of this activity and end the informality that attracts the mafias that take over the forests. However, this will only happen if there is political will.

Multiple efforts can all be made to protect human rights activists, but they won’t be of much or no use if Peru’s state doesn’t coordinate the eradication and prevention of illegal activities, says Lissette Viz, deputy for Environment and Public Services at the Ombudsmans Office, a constitutional entity that is autonomous and designed to protect citizens rights and oversee public services.

Indifference or lack thereof?

The extension of the deadline to mining formalisation sparked a number of concerns about the difficulty of adequately supervising mining activities and prosecuting crimes.

Two rights groups are the Regional Association of Indigenous Peoples of the Central Jungle (“Arpi-SC”) and the AIDESEP Ucayali Regional Organization [ORAU]. We spoke outagainst the violence experienced by indigenous peoples due to the escalation of illegal activities, aided by state corruption and unsubstantiated infrastructure projects.

Environmental defender Demetrio Pachecho agrees. He believes that the government failed to act in the murder of his son during the pandemic, despite all the complaints they have filed since 2012.

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