[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 57 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                       October 4, 1999.
Whereas interference with freedom of the press and the independence of judicial 
        and electoral institutions in Peru contributes to an erosion of 
        democracy and the rule of law in Peru;
Whereas freedom of the press in Peru is under assault, and the Department of 
        State's Peru Country Report on Human Rights Practices for 1998, found 
        that ``[t]he Government infringed on press freedom [* * * and] 
        [j]ournalists faced increased harassment and intimidation'';
Whereas the Department of State's Peru Country Report on Human Rights Practices 
        for 1997, found that ``[i]ncidents of harassment of media 
        representatives increased to such an extent as to create the perception 
        of an organized campaign of intimidation on the part of the Government, 
        specifically, on the part of the armed forces and intelligence 
        services'';
Whereas the Organization of American States' Special Rapporteur on Freedom of 
        Expression has called on the Government of Peru to cease all official 
        harassment of journalists and to investigate and prosecute all abuses of 
        freedom of speech and of the press;
Whereas Freedom House now classifies Peru as the only country in the Western 
        Hemisphere, other than Cuba, where the press is ``not free'';
Whereas the Department of State's Peru Country Report on Human Rights Practices 
        for 1997 states that Channel 2 television station reporters in Peru 
        ``revealed torture by Army Intelligence Service officers [and] the 
        systematic wiretapping of journalists, government officials, and 
        opposition politicians'';
Whereas on July 13, 1997, the Government of Peru revoked the Peruvian 
        citizenship of the Israeli-born owner of the Channel 2 television 
        station, Baruch Ivcher, effectively removing him from control of Channel 
        2, leading the Department of State to conclude that ``the Government's 
        action in this case was widely interpreted as an attempt to prevent the 
        station from broadcasting any more negative stories about the regime'';
Whereas the Government of Peru has issued an INTERPOL warrant for Baruch 
        Ivcher's arrest and brought criminal proceedings against him, against 
        members of his immediate family, and against his former associates to 
        secure lengthy prison sentences against them;
Whereas the Inter-American Commission on Human Rights found human rights 
        violations against Baruch Ivcher by the Government of Peru in this case 
        and on March 31, 1999, submitted the case to the Inter-American Court of 
        Human Rights;
Whereas persecution of journalists in Peru is so grave that several Peruvian 
        journalists have sought political asylum in the United States;
Whereas actions related to efforts to authorize President Alberto Fujimori to 
        seek a third term in office have raised questions about the independence 
        of the National Election Board in Peru;
Whereas the independence of Peru's judiciary has been brought into question 
        since the dismissal of 3 Constitutional Tribunal magistrates on May 29, 
        1997, and by continuing control of judicial matters by the executive 
        branch; and
Whereas the Inter-American Commission on Human Rights has called on the 
        Government of Peru to reinstate the 3 dismissed magistrates, enabling 
        the Constitutional Tribunal to rule on constitutional issues, to fully 
        restore the National Council of the Judiciary's power to nominate and 
        dismiss judges and prosecutors, and to cease the recurring practice of 
        overruling, transferring, or removing judges whose decisions did not 
        coincide with the views of the Government of Peru: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that--
            (1) the erosion of the independence of judicial and electoral 
        branches of the Government of Peru, the interference with freedom of the 
        press, and the blatant intimidation of journalists in Peru constitute a 
        threat to democracy in that country and are matters for concern by the 
        United States as a member of the Inter-American community;
            (2) the United States Government and other members of the Inter-
        American community should review the forthcoming report of an 
        independent investigation conducted recently by the Inter-American 
        Commission on Human Rights of the Organization of American States on the 
        condition of and threats to democracy, freedom of the press, and 
        judicial independence in Peru; and
            (3) representatives of the United States in Peru and to 
        international organizations, including the Organization of American 
        States, the World Bank, the Inter-American Development Bank, and the 
        International Monetary Fund, should make clear the concern of the United 
        States concerning threats to democracy and violations of the rule of law 
        in Peru.
            Attest:

                                                                          Clerk.