[Congressional Record Volume 145, Number 132 (Monday, October 4, 1999)]
[House]
[Pages H9261-H9263]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  EXPRESSING CONCERN OVER INTERFERENCE WITH POLITICAL FREEDOM IN PERU

  Mr. BEREUTER. Mr. Speaker, I move to suspend the rules and agree to 
the

[[Page H9262]]

resolution (H. Res. 57) expressing concern over interference with 
freedom of the press and the independence of judicial and electoral 
institutions in Peru, as amended.
  The Clerk read as follows:

                               H. Res. 57

       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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Nebraska (Mr. Bereuter) and the gentleman from Florida (Mr. Davis) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nebraska (Mr. Bereuter).


                             General Leave

  Mr. BEREUTER. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Nebraska?
  There was no objection.
  Mr. BEREUTER. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. Bereuter asked and was given permission to revise and extend his 
remarks.)
  Mr. BEREUTER. Mr. Speaker, the gentleman from New York (Mr. Gilman) 
and the gentleman from Connecticut (Mr. Gejdenson) of the Committee on 
International Relations joined in introducing this resolution to 
underscore Congress' concern about the harassment of journalists and 
over signs that the independence of Peru's judiciary is being 
substantially undermined.
  The Committee to Protect Journalists, CPJ, has documented ``attacks 
that confirm our suspicion of a coordinated government campaign to 
discredit and undermine the independent media in Peru.''
  The continuing actions taken by the government of Peru against Baruch 
Ivcher, the Israeli-born owner of television station Channel 2, have 
become emblematic of government interference with freedom of expression 
in Peru. These acts of intimidation were precipitated by Channel 2's 
exposes of abuses, including alleged torture and murder, by Peru's 
intelligence service.
  The Committee to Protect Journalists asserts that the government of 
Peru ``has continued to hound Mr. Ivcher, initiating legal action 
against him, harassing his family, and mounting an orchestrated 
misinformation campaign to discredit him.''
  Mr. Speaker, just today, a small opposition newspaper, 
``Referendum,'' stopped publishing amid allegations that the government 
of Peru applied pressure to force the newspaper out of business. 
Several members of this newspaper's editorial board used to work for 
Channel 2.
  This resolution will put the House of Representatives on record 
expressing bipartisan concern over the erosion of the independence of 
the judicial and electoral branches of Peru's government and the 
intimidation of journalists in Peru. These concerns have also been 
heightened by Peru's effective withdrawal from the Inter-American Court 
of Human Rights.
  Mr. Speaker, I urge my colleagues to support H. Res. 57.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DAVIS of Florida. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I join the gentleman from Nebraska (Mr. Bereuter) in 
strongly supporting this resolution. It basically details two matters 
of significant concern as far as the history of democracy in Peru as 
well as that part of the world.
  The first, as the gentleman from Nebraska has alluded to, is the 
disregard by President Fujimori for the independence of the judiciary 
and the failure to recognize some separation of powers in terms of 
upholding the constitutional prohibition against three terms of 
consecutive service by the President. The second is a clear case of 
abuse with respect to the freedom of the press which I agree should be 
seriously investigated by outside credible authorities. These are but 
two examples of threats to democracy in a country that is in a position 
to be a partner and an agent in cooperation with the United States in 
Latin America. But actions like this really threaten that relationship. 
And so it is important that we pass this resolution to send an 
appropriate message to Peru that they need to reverse these actions and 
get back to a more proper course toward democracy.
  Mr. GILMAN. Mr. Speaker, Representative Lee Hamilton and I initially 
introduced this resolution in the 105th Congress to express our concern 
over intererence with freedom of the press and the independence of 
judicial and electoral institutions in Peru. I am pleased that the 
Ranking Minority Member of our International Relations Committee, the 
gentleman from Connecticut, Mr. Gejdenson joined me in reintroducing 
this resolution.

[[Page H9263]]

  The Committee to Protect Journalists, which has repeatedly expressed 
concern to the Peruvian government for the safety of journalists 
covering the military and the National Intelligence Service, wrote to 
me earlier this year to strongly urge that I reintroduce this 
resolution. The Committee to protect Journalists informed me ``Not only 
have we failed to receive an official response to any of our protest 
letters, but we continue to document attacks that confirm our suspicion 
of a coordinated government campaign to discredit and undermine the 
independent media in Peru.''
  I have been one of Peru's strongest supporters in Congress. There is 
no question that Peru has made it back from the brink of the abyss. Not 
so many years ago, Peru was a terrorized nation.
  Peru has become a good partner in our war against drugs. The drop of 
coca prices in Peru to historically low levels provided a real 
opportunity to help farmers grow legitimate crops. I was pleased to 
encourage our European allies to join us in seizing this opportunity to 
promote meaningful alternative development in Peru.
  Nonetheless, I continue to be alarmed with regard to the harassment 
of journalists and signs that the independence of Peru's judiciary is 
being substantially undermined.
  The continuing actions taken by the government of Peru against Baruch 
Ivcher, the Israeli-born owner of television station Channel 2, have 
become emblematic of government interference with freedom of expression 
in Peru. These acts of intimidation were precipitated by Channel 2's 
exposes of abuses--including alleged torture and murder--by Peru's 
intelligence service.
  The Government of Peru, which revoked Mr. Ivcher's Peruvian 
citizenship, issued him a new Peruvian passport. Nonetheless, the 
government of Peru has continued to pursue highly questionable legal 
proceedings against Mr. Ivcher and his family and against former 
associates. Recently, the former general manager of Channel 2, was 
sentenced to four years in prison. The Committee to Protect Journalists 
asserts that the government of Peru ``. . . has continued to hound Mr. 
Ivcher--initiating legal action against him, harassing his family, and 
mounting an orchestrated misinformation campaign to discredit him.''
  Just today, a small opposition newspaper, Referendum, stopped 
publishing amid allegations that the government of Peru applied 
pressure to force the newspaper out of business. Several members of 
this newspaper's editorial board used to work for Channel 2.
  This resolution will put the House of Representatives on record 
expressing bipartisan concern over the erosion of the independence of 
judicial and electoral branches of Peru's government and the 
intimidation of journalists in Peru. These concerns have only been 
heightened by Peru's effective withdrawal from the Inter-American Court 
of Human Rights. These are matters of concern to United States and all 
nations of the Hemisphere.
  Peru's good efforts in our shared fight against drugs deserve our 
recognition and strong support. However, the United States should not 
turn a blind eye to interference with freedom of the press and the 
independence of judicial and electoral institutions of Peru.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise to support H. Res. 57, 
expressing the sense of Congress that the erosion of the independence 
of the judicial and electoral branches of the government of Peru, along 
with the intimidation of journalists within the country, are major 
concerns of the United States. I also support the United States pursuit 
of an independent investigation and report by the Inter-American 
Commission on Human Rights of the Organization of American States on 
threats to freedom and judicial independence in Peru.
  The Constitution in Peru provides for freedom of speech and of the 
press. It provides for a judicial system free from the executive 
branch. Today, human rights reporting have provided an assessment of 
Peru that is causing concern. For although, the Constitution of Peru 
provides for these fundamental rights and privileges, recent actions 
are demonstrating the Government of Peru is limiting these rights.
  The press in Peru represents a wide spectrum of opinion, ranging from 
left-leaning opposition views to those favoring the Government. In the 
greater Lima area alone, there are 16 daily newspapers, 7 television 
stations, 68 radio stations, and 2 commercial cable systems. The 
Government owns one daily newspaper, one television network, and two 
radio stations, none of which is particularly influential. However, in 
order to avoid provoking government retribution, the Peruvian press 
practices a degree of self-censorship.
  Government accusations of treason against investigative journalists, 
the ordeal of Baruch Ivher who lost control of his television station, 
harassment of media representatives increased to such a degree that it 
appears to be an organized campaign of intimidation on the part of the 
Government, are areas of concern for democratic institutions. A full 
report, by an independent counsel, is justified to understand the 
extent of the problem.
  The Constitution provides also for an independent judiciary; however, 
documents allege in practice the judicial system is inefficient, often 
corrupt, and easily manipulated by the executive branch. As a result, 
public confidence in the judiciary is low.
  There is a three-tier court structure: lower courts, superior courts, 
and the Supreme Court. A Constitutional Tribunal rules on the 
constitutionality of congressional legislation and government actions; 
a National judiciary Council tests, nominates, confirms, evaluates, and 
disciplines judges and prosecutors; and a Judicial Academy trains 
judges and prosecutors. The Government moved to limit the independence 
of the Constitutional Tribunal almost from its inception in 1995 and 
continued such efforts in subsequent years. By year's end, the Peruvian 
Congress still had not taken any steps to replace the three judges 
ousted from the Constitutional Tribunal after they voted against the 
interpretation allowing President Fujimori a third term. An action that 
seems to be punitive just due to its subject matter. This effectively 
paralyzed the Court's ability to rule on any constitutional issues for 
lack of a quorum.
  The Peruvian Government cites its efforts to revamp its judicial 
system. It is commendable that administrative and technical progress is 
occurring in the area of caseload reduction and computerization but 
little has been done to restore the judiciary's independence from the 
executive. Of the country's 1,531 judges, less than half, only 574 have 
permanent appointments, having been independently selected. The 
remaining 957, including 19 of the 33 judges of the Supreme Court, have 
provisional or temporary status only. Critics charge that, since these 
judges lack tenure, they are much more susceptible to outside 
pressures, further crippling the judicial process.
  Increased economic and social stability has resulted in a substantial 
increase in U.S. investment and tourism in Peru in recent years. In 
1997, approximately 140,000 U.S. citizens visited Peru for business, 
tourism and study. About 10,000 Americans reside in Peru and over 200 
U.S. companies are represented in the country. U.S. relations improved 
with Peru after the 1992 auto-coup when the country undertook steps to 
restore democratic institutions and to address human rights problems 
related to counter-terrorism efforts.
  I urge my colleagues to support with me this effort designed to 
continue U.S. promotion of the strengthening of democratic institutions 
and human rights safeguards in Peru.
  Mr. DAVIS of Florida. Mr. Speaker, I yield back the balance of my 
time.
  Mr. BEREUTER. Mr. Speaker, I urge strong support of H. Res. 57.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Nebraska (Mr. Bereuter) that the House suspend the rules 
and agree to the resolution, House Resolution 57, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution, as amended, was 
agreed to.
  The title of the resolution was amended so as to read: ``Resolution 
expressing concern over erosion of democracy and the rule of law in 
Peru, including interference with freedom of the press and independence 
of judicial and electoral institutions.''.
  A motion to reconsider was laid on the table.

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