Peru Awajun chief says killings investigations begin with bias

Renzo Pipoli, Today correspondent | December 04, 2009

LIMA, Peru – One of the top Native leaders in Peru, co-chief of the 70,000-member Awajun Tribe which took the brunt of the damage in the deadly June clashes against police, said the investigations into the death of 33 people appears headed in the wrong direction, but Natives still hope for a fair result.

“Apu” or chief Cervando Puertas, in his first interview following a three-month exile in Nicaragua after he fled Peru to escape an arrest warrant linked to murder of police and insurrection accusations, said the government of President Alan Garcia is still trying to create fear among Natives.

“If one evaluates what the judiciary power has been doing so far, it clearly shows that the government manipulates this space which should be autonomous,” Puertas said in reference to accusations hastily approved by Peruvian authorities after clashes left 33 dead including 23 policemen.

He said many Natives believe there is a manipulation of judges because their maximum indigenous leader in Peru, Alberto Pizango, remains in exile more than three months after the confrontations which Natives claim occurred as Peruvian police decided to end a road blockade by shooting with AMK rifles. Pizango said he will return to Peru as soon as an arrest warrant is dropped.

Root of the problem

An increase in the number of oil and gas exploration concessions has led to the incursion into Native territories by private companies that detonate explosives for seismic studies or of companies that poison the rivers with discharges of oil contaminated waters.

The threat against Native territories reached a point of no return, according to Natives, in 2008 when Garcia used special powers he requested from Congress for a free-trade deal with the U.S. to pass other separate, unrelated legislation involving Native lands. The new laws were meant to strip Natives of their lands faster, Puertas said.

The laws he enacted were illegal because they violate agreements between Peru and the United Nations calling for the participation of Natives in any decision that impacts their lands, local experts have said.

A massive protest involving the occupation of oil and gas production assets in 2008 won a promise by Garcia’s government that nearly one dozen laws would be repealed. But in 2009, Peruvian tribes restarted nationwide protests to get the government to honor its promise. The clash occurred as police armed with AKM rifles tried to open a highway that had been blocked several weeks by the Awajun and left 33 dead.

Beheading AIDESEP

Puertas said besides attempting to take the leadership of AIDESEP away, there have been other actions against the organization.

“Lots of people from government have met and have pretended in recent months to manipulate, to take over AIDESEP, but they were not able to do it. The APCI (Peruvian government organization in charge of supervising NGOs) have been coming and going, but our institution is always up-to-date with all paperwork. They appear to come with the intention to bother.”

In addition, government authorities have prevented a bigger participation of Natives in a Truth Committee that was recently set up to investigate the killings and this may lead to unfair results, Puertas said.

He explained that “there is only one Native in the committee out of some six members.

“This committee is also being manipulated by the government of Garcia because if it were not like that, if it was a democratic matter, then there should be at least two or three Native representatives instead of just one.”

Puertas said Natives could do little to get more of their people into the committee because at the time of its creation three leaders, including himself and Pizango, had been forced into exile while two other key leaders were in hiding to escape arrest orders.

“Certainly we would have wanted more than just one representative because there were populations from six river basins that took part in the protests and those are located within two very large regions which make a very large area with a Native population of some 80,000.”

Hoping for an end

Puertas said Natives will only be satisfied with a fair end to the investigations and when the laws that affect Native territories are repealed.

“By withdrawing just two laws in June after the killings the problem was not solved. We want all 11 decrees repealed.” The laws give government officials a freer hand to extract resources without community’s approval.”

He said that by a Dec. 9 deadline Peruvian Natives will find out whether the committee acted with fairness regarding the investigation of the deadly clashes and about who unleashed the deadly violence.

“The government wants us to be afraid. But if the people are saying nothing it is because they are waiting for our process to be solved. Both the solution of the case of Alberto Pizango as well as the elimination of the laws.”

Exiled leader discusses June 5 confrontation

Cervando Puertas, one of the two main chiefs of the 70,000-member Awajun Tribe which was the Native group directly involved in the June 5 confrontation against Peruvian police, spoke to Indian Country Today in mid-October. He agreed to the exclusive interview Oct. 14, immediately after returning to Lima from Nicaragua where he had been in exile for three months.

Indian Country Today: Is the government of Peru taking actions against Native chiefs?
Cervando Puertas: The president of (Peru Native organization) AIDESEP, Alberto Pizango, received asylum and then us two, leaders of Orpian in the Amazon (Awajun tribes), also went into exile while two other leaders remained in the country in hiding. Throughout this process they issued arrest warrants, national and international, against the main Native leaders. But the judge from the 37th Peruvian Judicial Court changed the order and this is why two of us are back.

If one evaluates what the judiciary power has been doing so far, it clearly shows that the government manipulates this space which should be autonomous. But we are convinced that we are innocent.

The Peruvian judiciary has ratified the arrest order against AIDESEP President Alberto Pizango, and because of this he cannot return. We are waiting for the judge to issue an order for him to show up in court.

ICT: Are there any disappearances of Native Peruvians or is the total death toll 10 Natives?
CP: The Native communities are confirming disappearances and the special Truth Committee appointed to investigate the massacre is already working on those cases. But there is only one Native in the committee out of some six members. There should be more. This committee is also being manipulated by the government (of President Alan García) as it pleases because if it were not like that, if it was a democratic matter, then there should be at least two or three Native representatives instead of just one.

Certainly we would want more than just one Native representative because there were populations from six river basins that took part in the protests and those are located within two very large regions which make a very large area with a Native population of some 80,000 people in 181 communities.

ICT: Why have Peruvian Natives accepted that there will only be one Native representative on the Truth Committee?
CP: Well, when they made up the committee I was in exile in Nicaragua, but this was not good. AIDESEP was totally beheaded, or they had wanted to behead the organization. For all practical purposes they obstructed our way. We have only accepted to see what happens. If the committee does the job that it should do then the communities will be satisfied.

ICT: Why did Native leaders, including Pizango say in the June 5 press conference that as a result of the violence that was developing near the northern Peruvian Amazon town of Bagua that there had been over 20 deaths among Natives. Even Wampisa Chief Nelida Calvo said her brother had died, but his name was not on the list of deceased?
CP: Since information came through telephone calls and that conflict had been unleashed whoever could escape was with luck, and she was misinformed that her brother had died. That has been ruled out. The communities say that there are people who have disappeared among the 181 Awajun communities. This is why AIDESEP leaders have said that there are indeed people missing. For example, the body of (Peruvian Police) Major Bazan has yet to show up. The truth commission must be very close to the issue. This is what we are waiting for. They will provide results by Dec. 9.

ICT: Are Awajun or any other Native communities retaining the corpse of the presumed dead police major, Bazan, who went missing June 5?
CP: Before God there is not one version that they have the body. Only God knows where it is. Nobody knows who has it. Certainly the family relatives (of Bazan) are very worried. They have the hope that because there is a Native member in the committee, the truth will be uncovered, but they would like more than just one Native member in the committee.

ICT: The origin of the protests that turned deadly was a set of demands for the repealing of laws approved by President García. Two of those laws were repealed. Are communities satisfied with that?
CP: The indigenous populations had been demanding not just the withdrawal of two decrees; we had demanded the withdrawal of 11 decrees. We still demand the withdrawal of all 11 legislative decrees. By withdrawing just two the problem was not solved. We want all 11 repealed. We will never stop demanding their elimination.

ICT: What are those pending decrees?
CP: Generally they are decrees that the government calls ‘constitutional’ that give them a freer hand to extract resources without community’s approval.

ICT: Have you had any approach from Native North Americans? Can they contribute in any way to preserve the right to life of Native Peruvians? Do you know any Native North Americans?
CP: If we speak of defense, right to life. … It would be a matter to analyze because it could turn out like those in this documentary from Hernando de Soto which we reject.

ICT: Do you mistrust Native North Americans because of De Soto’s documentary and because you know nothing about them?
CP: Yes; there is a mistrust.

ICT: Are you open to contact with North American tribes who would like to contact you.
CP: They can write AIDESEP through our Web page; the e-mail is comunicaciones@aidesep.org.pe.

ICT: Does the Peruvian state meet a role in providing education, health for Peruvian Natives?
CP: Barely; maybe 10 percent gets there.

ICT: Of the 70,000 estimated Awajun, how many have superior education?
CP: It is minimal; we do not know. The typical education we get is a grammar school in which kids of all ages share a house; it is terrible; if you could see the communities. …

ICT: Does AIDESEP believe the main purpose of keeping a detention order against its president is to prevent Native populations to advance and make progress in getting organized to defend their territories?
CP: Of course; the government wants to behead, eliminate leaders to stop complaints; to silence Natives.

ICT: Besides the actions to force Native leader Pizango into exile, have there been other actions against AIDESEP?
CP: Yes. Outside lots of people from government have met and have pretended in recent months to manipulate, to take over AIDESEP, but they were not able to do it. The APCI (Peruvian government organization in charge of supervising NGOs) have been coming and going, but our institution is always up to date with all paperwork. The APCI does not come here with good intentions, but clearly to bother.

ICT: What is your position in the political structure of the Awajun Tribe (biggest Native group in Peru)?
CP: Let me explain this way, there are communities that have their titled areas, territories. We have 180 communities and of those 40 are grouped and have chosen one person to represent them. These ‘apus’ (spiritual chiefs) coordinate with their communities and form an organization that is a base group. Some are registered and others are still in the process of becoming legal. Now the top authority in a community is the apu and the top authority of the apus is the president of a federation and the top authority of the presidents of federations are the regional presidents which are us (Cervando and Raul Puerta). Then, the top leader of the presidents of the federations, both regional and national, is the AIDESEP. The only apu or top authority of the Peruvian Amazon Natives is Alberto Pizango Chota and there is no other person.

ICT: Why are the communities allowing the government to keep Pizango in exile?
CP: It is not that they are allowing it; they have a wait-and-see attitude. With our return from Nicaragua (Cervando and Raul Puerta returned from Nicaragua in mid-October) the Native populations are seeing a positive result, another step forward. Now we want the same thing to happen with Alberto Pizango.

ICT: Isn’t it the case that Native populations are allowing their institution to be ‘beheaded’ because of fear after the confrontation with AKM-armed police that left over 30 dead?
CP: Not due to fear; maybe due to respect for life because they want peace. The indigenous populations have never been violent, but there has been violence against them. We did organize a protest, but it was a peaceful protest.

ICT: Natives are not afraid? Even the Peruvian government has said that Natives were in a state of fear after the deadly June 5 shooting?
CP: Of course, like I explained; here the government wants us to be afraid. But if the people are saying nothing it is because they are waiting for our process to be solved. Both the solution of the case of Alberto Pizango as well as the elimination of the laws, they are waiting. It is them who take accords, make decisions. Who knows whether tomorrow or the day after tomorrow, if the accords are not met, then a peaceful position will be unleashed?

ICT: Immediately after the Bagua clash, the Peruvian government paid for advertising campaigns showing images of dead police, accusing Natives of being manipulated by international forces and being murderers. Any comment?
CP: I think that the committee must investigate this case. We have a representative in the commission, so we are inside that group. If we are not allowed and considered in the commission our people will be watching. Here our people are the ones who will participate.