Peru: criminalisation of demonstrations challenged by the Human Rights Council

During the 56th session of the United Nations Human Rights Council, the new UN Special Rapporteur on freedom of association and peaceful assembly, Ms Gina Romero, presented a visit report on Peru drafted by her predecessor, Mr Clément N. Voule. He had visited the country in May 2023 to investigate the bloody repression of social protests.

Peru has been in the throes of a political and social crisis since December 2022, when President Pedro Castillo was removed from office and arbitrarily imprisoned. A de facto government took over the reins of power, and large-scale popular demonstrations – led in particular by the main peasant and indigenous social movements – were called to protest against this institutional coup. The bloody repression resulted in the summary, extrajudicial and arbitrary execution of more than 60 victims. Since then, the judicial and political criminalisation of social protests has continued. This is why, in February 2023, CETIM, in collaboration with the National Federation of Peasant, Artisanal, Indigenous and Employed Women of Peru (FENMUCARINAP), filed a complaint with the UN human rights protection mechanisms in order to denounce the violations and seek alternative remedies to defend the rights of the mobilised working classes. In particular, their right to protest and to freedom of association.

CETIM took the opportunity of the presentation of the visit report to Peru to bring back to the centre of the UN debates the issue of repression and the criminalisation of social movements fighting for justice.

Peru, a country in a democratic crisis

During the interactive dialogue at the plenary session of the Human Rights Council, the Special Rapporteur recalled the extent of the socio-political crisis into which Peru has been sinking since December 2022. The detention of former president Pedro Castillo has brought to the surface the country’s historic social divisions, fuelling a wave of bloody repression that systematically flouts human rights. During his visit, former rapporteur M. N. Voule met with various players in Peruvian society as part of his investigation into human rights violations. He spoke to members of the de facto government, as well as to victims’ families and representatives of civil society. He expressed his concerns about the excessive use of force in the context of the repression of demonstrations and the increasing restrictions on the rights to freedom of peaceful assembly and association. Compiling his observations and recommendations in his report, he called on the government to act and assume its responsibilities in order to find a peaceful solution to the crisis.

This need for action was reiterated by Gina Romero during the interactive dialogue. The Special Rapporteur called on the Peruvian government to implement the recommendations made in her predecessor’s report. To this end, the Peruvian authorities must promote a national dialogue, involving the communities affected (specifically indigenous and rural communities) in order to rebuild the country’s social cohesion. To achieve this, it is necessary to tackle the root causes of the protests, including historical and socio-environmental conflicts, by guaranteeing everyone the full enjoyment of civil, political, economic, social and cultural rights. Legal and political reforms must be undertaken to ensure full compliance with international standards in this area and to enable everyone to benefit from access to fair justice. In addition, the independence of the judicial authorities must be strengthened to guard against political manipulation. During the debate, the representative of the Peruvian government took refuge in denial, rejecting the allegations contained in the report, which shows that the fight for justice and reparation will be tortuous, to say the least.

In its speech to the plenary session of the Human Rights Council, CETIM recalled the advocacy work carried out at the level of human rights protection mechanisms, in support of Peruvian peasant organisations. While calling on the Council and its competent bodies to monitor the situation closely, it urged the Peruvian government to implement the report’s recommendations through concrete measures. In the current particularly tense context, it is imperative to put an end to the criminalisation of social movements and to tackle the structural causes of the protests, namely systemic racism, the (neo)colonial hold that underpins the country’s political and institutional architecture, and the processes of dispossession of the working classes.

A side event to highlight the issues at stake

On 1 July 2024, CETIM also co-organised a side event at the 56th session of the Human Rights Council, entitled “The quest for accountability in the face of violations of the rights of peaceful assembly and association in Peru: Challenges and prospects”, in collaboration with the Geneva Academy of International Humanitarian Law and Human Rights, Red Whipalas and Quinto Suyo Peru-Suiza. The aim was to create a space for dialogue in order to identify challenges and possible solutions to the current situation in Peru. The various panellists brought unique and constructive points of view to the table, providing a multi-dimensional understanding of the crisis.

Raffaele Morgantini, CETIM representative to the UN, opened the event by stating that it is necessary to address the challenges of judicial and political criminalization that continue to mark the country’s human rights scenario and record. In the face of this, the UN human rights system must contribute to protect the interests of the affected communities, redirecting the situation and putting the country back on the path of democracy and social justice.

The first speaker was Mr Clément N. Voule, former UN Special Rapporteur on freedom of peaceful assembly and association. He reported on his visit to Peru, denouncing the abuses committed by the security forces to silence the movement. He condemned the government’s defamatory rhetoric, which deliberately fuelled hatred by labelling the demonstrators as “terrorists”, thereby intensifying the repression. He also reiterated his recommendations for getting the country out of the crisis. Mr N. Voule called for accountability and punishment of the guilty parties, reform of the judicial and institutional system, as well as the security system. He encouraged all measures to put an end to discrimination and racism against indigenous populations, while recognising the crucial importance of a vibrant and dynamic civil society. He concluded his speech by calling on the Peruvian government to acknowledge the events, to apologise publicly and to make progress in remedying the violations. In his view, these are the first steps towards a process of reconciliation.

Lourdes Huanca, founder of FENMUCARINAP, then took the floor by videoconference to talk about the historical discrimination experienced by indigenous peoples and peasants. She stressed the importance of women’s participation in the decision-making processes that affect them, and called for a fight against racist capitalist elites. Finally, she called for the support of UN human rights mechanisms to show that the struggle of indigenous communities is not in vain, and that they are not alone in their quest for recognition and respect.

Raul Samillán, President of the association fighting for recognition of the victims of the December 2022 crackdown, then spoke also by videoconference. He stressed the many consequences that directly affect families following the injury or death of one of their relatives during the repression of demonstrations. The fact that someone is injured during a crackdown has a huge impact. Their families are often faced with financial difficulties that can lead to poverty and marginalisation. The consequences of the use of violence to repress demonstrations are therefore long-term and multi-sectoral. They have a direct psychological, economic and social impact. Mr Samillán pointed out that the victims have not received any compensation for their physical and/or psychological trauma. The people affected are therefore abandoned, with no access to justice.

To conclude the event, Gina Romero, UN Special Rapporteur, stressed the need for the government to act in accordance with the report’s recommendations. Faced with an all-powerful Congress, controlled by the dominant oligarchic sectors, and a co-opted judicial system, the State must undertake serious reforms and initiate a policy of cooperation with United Nations bodies. She concluded by recalling the crucial role played by civil society in the process of protecting human rights.

Freedom of peaceful assembly and association are the pillars of a democratic society. They form the basis of the rule of law and must be exercised by all without discrimination, in particular by populations historically dispossessed by a racist and predatory (neo)colonial system.

Instagram video credit: Geneva Academy