17<\/p>\n
\nThe number of environmental defenders killed in Peru since the beginning of the Covid-19 pandemic
\n\n <\/div>\n <\/div>\n
Zambrano angrily laments the latest murder committed in Madre de Dios. On 20 March, Juan Julio Fern\u00e1ndez Hanco was shot twice in his home near the Tambopata reserve\u2019s buffer zone. Zambrano recalls how Juan and his family had received threats since 2011 for their opposition to deforestation resulting from illegal mining. His death saw the number of environmental defenders murdered since the beginning of the Covid-19 pandemic rise to 17 \u2013 all killed for protecting their territories from the advance of activities such as drug trafficking, logging and illegal mining.<\/p>\n
But despite these losses, the Peruvian government\u2019s response has not been one of coordinated action or application of the different powers at its disposal, figures from rights and environmental organisations say.<\/p>\n
Environmental defenders still defenceless in Peru<\/h2>\n
\u201cThere are still no culprits for any of the 17 cases of defenders killed during the pandemic. The conditions do not exist in the country to guarantee the rights of defenders,\u201d says Katherine Sanchez, a lawyer with the Biodiversity and Indigenous Peoples programme of the Peruvian Society of Environmental Law (SPDA), a Peruvian environmental non-profit.<\/p>\n
According to last year\u2019s \u201cLast line of defence\u201d report<\/a>, the annual release from the environmental and human rights NGO Global Witness, 2020 was the worst year on record for land and environmental defenders worldwide, with a record 227 lethal attacks reported. Latin America remained the deadliest region<\/a>, with Peru no exception: six defenders were killed that year, while dozens of communities were affected.<\/p>\n In 2021, a government decree was issued<\/a> for the creation of the \u201cIntersectoral mechanism for the protection of human rights defenders\u201d. It links the work of eight ministries, and is headed by the country\u2019s Ministry of Justice and Human Rights, but does not go as far as articulating other branches of government or regional governments that should be involved in this protective work.<\/p>\n Efforts to protect human rights defenders will be of little use if the Peruvian state does not coordinate the eradication of illegal activities<\/p><\/blockquote>\n \u201cThe mechanism aims to eliminate risks, but the great outstanding task is to understand what is happening behind [the government\u2019s actions] to generate more structural changes in public policies,\u201d says Sanchez.<\/p>\n As part of this mechanism, a registry of risk situations for defenders was also approved, which seeks to identify the riskiest areas and types of attacks defenders face. However, the data, which would contribute to prevention and protection, has not yet been made public.<\/p>\n The potential impact of other government actions is also unclear. This January saw the enactment of Law 31388, which extends<\/a> the deadline for small-scale miners to apply to formalise their operations until 2024. It was approved by congress and President Pedro Castillo, and may weaken the fight against illegal mining, environmental and civil organisations point out.<\/p>\n Formalisation could make it possible to regulate this activity and put an end to the informality that attracts mafias that end up taking over the forests. But for this to happen, there must be political will.<\/p>\n \u201cMultiple efforts can be made to protect human rights defenders, but they will be of little or no use if the Peruvian state does not coordinate the eradication of illegal activities,\u201d says Lissette V\u00e1squez, deputy for the Environment, Public Services and Indigenous Peoples at the Ombudsman\u2019s Office, the autonomous constitutional entity designed to protect citizen rights and supervise public services.<\/p>\n The extension of the deadline for mining formalisation unleashed a series of concerns about the difficulty to adequately supervise mining activities and prosecute crimes.<\/p>\n Two rights groups, the Regional Association of Indigenous Peoples of the Central Jungle (Arpi-SC) and the AIDESEP Ucayali Regional Organization (ORAU), spoke out<\/a> against \u201cthe wave of violence experienced by indigenous communities caused by the advance of illegal activities, boosted by unsubstantiated infrastructure projects and state corruption.\u201d<\/p>\n Environmental defender Demetrio Pachecho agrees. He considers that the murder of his son, also a defender, during the pandemic is the fault of the government for not acting, despite the various complaints they filed since 2012. <\/div>Roberto Carlos Pacheco was killed while walking through the 842-hectare sustainable forestry concession in Madre de Dios that the family has managed for more than three decades. \u201cWe know who they are, we have evidence in which they identified themselves, but they were only detained for a few days,\u201d says Demetrio, who is also lieutenant governor of the San Juan Agricultural Producers Association and vice-president of the Tambopata National Reserve management committee. \u201cThey are acting on all their threats. They identify us as the denouncers, and what they do is denounce us as if we were the criminals,\u201d<\/p>\n It was only after Roberto\u2019s death that the public prosecutor\u2019s office gave Demetrio the security he requested because of the continuous threats. However, police protection lasted only a few weeks. In the absence of clear policies, the cycle of threats and danger repeats.<\/p>\n Recently, a year and a half after Roberto Carlos\u2019 death, the prosecutor\u2019s office approved an internal protocol for the prevention of crimes against human rights defenders. \u201cThis protocol includes specific obligations for prosecutors, who will attend cases where it is suspected that the person was a defender and was attacked as a result of that activity,\u201d the attorney Katherine Sanchez comments. \u201cIt also mentions another element that does not exist in any other national instrument: reparations for the defence of rights.\u201d<\/p>\n But for Demetrio it is too late. He feels alone in his struggle to find justice for his son. Meanwhile, the defenders\u2019 complaints remain unresolved, deaths are increasing and the government\u2019s initiatives continue to be ineffective.<\/p>\n The Escaz\u00fa Agreement, ratified by 12 Latin American countries, has been hailed as an historic instrument for the protection of environmental defenders in the region<\/a>. But despite favourable opinions from various corners of government, including the Ombudsman\u2019s Office, the public prosecutor\u2019s office, the judiciary and ten ministries, the agreement did not even make it to the plenary of congress for discussion<\/a> in October 2020. The proposal was shelved within the country\u2019s Foreign Affairs Committee, and the report<\/a> summarising the technical discussions around its approval was forgotten.<\/p>\n Following the spill<\/a> of more than 10,000 barrels of oil by the Spanish company Repsol, a request was made by the parliamentarian and Minister of Foreign Trade and Tourism, Roberto Sanchez, to raise the possibility of a second Escaz\u00fa debate in the congress. But, once again, the inclusion of the issue on the agenda was rejected.<\/p>\n The parliamentary group that should be debating the issue is currently presided over by congressman Ernesto Bustamante of the right-wing populist Fuerza Popular party. He opposed<\/a> the agreement because he considers it to go against \u201cnational sovereignty\u201d.<\/p>\n According to the Economic Commission for Latin America and the Caribbean (ECLAC), the Escaz\u00fa Agreement is the first of its kind in the world to include specific binding provisions for the protection and promotion of those who defend human rights in environmental matters. Peru signed the agreement in 2018, but its congress has not ratified it.<\/p>\n Katherine Sanchez remarked upon the urgency of ratifying the agreement. \u201cWe could have a human rights treaty with a constitutional sway that would guide all levels of government and all branches of government. We could strengthen what [protection] is already available, we would have clear protection obligations, and more order between different sectors and the executive,\u201d she said.<\/p>\n In the midst of a government fighting for its survival amid multiple scandals, there is still an opportunity for debate. In his first message to the nation, President Castillo committed to fulfil responsibilities to protect the Amazon, but this is still pending. \u201cThere have been several months of silence, the issue has not been put on the agenda. It has been presented again in the Foreign Affairs Committee of the congress, but it has not been a matter of discussion,\u201d Lissette V\u00e1squez comments.<\/p>\nIndifference or lack of urgency?<\/h2>\n
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And what of the Escaz\u00fa Agreement in Peru?<\/h2>\n
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