[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Extensions of Remarks]
[Pages 21941-21942]
[From the U.S. Government Publishing Office, www.gpo.gov]




  RECOGNIZING PERU FOR ENGAGING IN PEACEFUL DIALOGUE WITH INDIGENOUS 
                 PEOPLES TO OVERCOME POLITICAL CONFLICT

                                 ______
                                 

                       HON. ENI F.H. FALEOMAVAEGA

                           of american samoa

                    in the house of representatives

                     Wednesday, September 16, 2009

  Mr. FALEOMAVAEGA. Madam Speaker, on June 23, 2009, I introduced House 
Resolution 574, expressing the sense of the House of Representatives 
that Peru should engage in peaceful dialogue to address ongoing 
political conflict between state authorities and indigenous peoples in 
compliance with the U.N. declaration on the rights of Indigenous 
Peoples and ILO Convention 169.
  Earlier this year conflict had developed in Peru over the enactment 
of Legislative Decrees 1090 and 1064, which had potentially significant 
adverse impacts on the rights and property of Peru's indigenous 
peoples. Protests erupted in June in Bagua, Peru ultimately leading to 
the deaths of police officers and protestors.
  In subsequent months, the Government of Peru has taken a number of 
steps to reduce tensions, investigate the violence and engage in 
peaceful dialogue. On July 23, 2009, Dorothy Ngutter, Peru Desk Officer 
at the State Department, sent my office information on developments 
related to H. Res. 574, noting improvements on the ground, including an 
agreement with indigenous groups on the establishment of a ``multi-
sectoral commission consist[ing] of government, civil society, NGOs and 
indigenous leaders.'' I am including the full text of her message in my 
remarks for the record.
  On July 24, 2009, I met with Peru's Ambassador to the United States, 
Luis M. Valdivieso, and he described the steps taken by Peru in the 
aftermath of the violence in more detail. On September 10, 2009, he 
sent me a letter along with a progress report on the work of the 
National Group of Coordination for the Development of Amazon 
Communities, which he noted, ``was created in the aftermath of the 
unfortunate events that took place in Bagua, Amazon Region of Peru in 
early June.''
  According to that progress report, the National Group of Coordination 
for the Development of Amazon Communities (NGCDAC), created four 
subgroups focused on examining the events in Bagua, evaluating the 
contentious Legislative Decrees, gathering information on appropriate 
methods of consultation regarding International Labor Organization 
Convention 169 and the United Nations Declaration on the Rights of 
Indigenous Peoples, and creating a National Development Plan for the 
Amazon Region for submission to Peru's Congress by December 26, 2009.
  The steps taken by the Government of Peru are positive, in line with 
H. Res. 574, and deserve recognition. I applaud the progress in Peru 
and want my friends there to know that I will continue to follow events 
regarding the country's indigenous peoples closely. For the record, I 
include a copy of the progress report and the letter from the 
Ambassador with my remarks.

             State Department Views on Developments in Peru

       Protests by Indigenous groups, led by an umbrella NGO 
     (AIDESEP), began in April against several legislative decrees 
     passed in 2008 they felt would infringe on their rights. 
     While it was not completely clear what portions of the laws 
     were at issue, the indigenous groups main stated concern was 
     that there had been inadequate consultation prior to the 
     passage of the decrees. In mid-May, the Government of Peru 
     initiated a dialogue with AIDESEP's leaders to discuss 
     indigenous concerns. These early talks were slow going and 
     fell apart when AIDESEP walked out on the talks.
       The government acted to remove roadblocks near the town of 
     Bagua and restore supplies to affected neighboring 
     communities on June 5. Clashes between police and protestors 
     ensued when police attempted to remove the roadblocks; 
     separately police officers--previously taken hostage at a 
     pumping station--were murdered following news reports of the 
     earlier clashes. Official reports, confirmed by the 
     independent the independent Human Rights Ombudsman's office, 
     put the death toll at 33 (including 10 civilians and 23 
     police).
       The situation on the ground has changed since the violence 
     in early June. The government has reached an agreement with 
     indigenous groups June 15; repealed two laws June 18; and 
     established a multi-sectoral dialogue process. The multi-
     sectoral commission consists of government, civil society, 
     NGOs and indigenous leaders. With four subgroups looking at 
     the June incidents; concerns on legislative decrees and 
     proposals to replace the repealed decrees; definition of a 
     mechanism for prior consultation in accordance with ILO 
     requirements; and the development of a national proposal for 
     Amazonian development. To date, the commission has met at 
     least three times.
       The recent government reshuffle should have no effect on 
     the dialogue, as the incoming Prime Minister has publicly 
     declared support for ongoing dialogue processes.

                                              Embassy of Peru,

                              Washington DC, September 10th, 2009.
     Hon. Eni F.H. Faleomavaega,
     House of Representatives,
     Washington, DC.
       Dear Mr. Faleomavaega: Attached for your information please 
     find a brief progress report on the work of the National 
     Group of Coordination for the Development of Amazon 
     Communities which was created in the aftermath of the 
     unfortunate events that took place in Bagua, Amazon Region of 
     Peru in early June.
       Please feel free to contact me in case you need further 
     clarification.
           Sincerely yours,
                                               Luis M. Valdivieso,
                                               Ambassador of Peru.

 Dialogue Process Between the Amazonian Communities and the Government 
                                of Peru

       By Supreme Resolution 0117-2009-PCM issued on June 10th 
     2009, the Government of Peru created the ``National Group of 
     Coordination for the Development of Amazon Communities'' 
     (NGCDAC) with the objective of raising a comprehensive 
     sustainable development plan for indigenous peoples in areas 
     such as education, health, titling and the formalization of 
     land, among others. The Government of Peru aims at presenting 
     to the Congress a proposal of National Development Plan for 
     the Amazon by December 26th.
       By Supreme Resolution 0211-2009-PCM issued on August 25th 
     2009, new members of the NGCDAC were added, which includes:

[[Page 21942]]

       a. Eight (08) Representatives of the Executive Branch 
     (Ministers or their representatives): Ministries of 
     Environment, Energy and Mines; Women and Social Development; 
     Health; Education; Transport and Communications; Housing, 
     Construction and Sanitation. It is chaired by the Ministry of 
     Agriculture that also will be the Technical Secretariat 
     (originally there were only four ministries).
       b. Eleven (11) Representatives of Regional Governments: 
     Presidents of the Regional Government of Loreto, Ucayali, 
     Amazonas, San Martin, Madre de Dios, Cuzco, Huanuco, Pasco, 
     Junin, Ayacucho and Cajamarca (originally there were only 
     four regional governments).
       c. Representatives of Amazonian indigenous organizations 
     (AIDESEP and CONAP).
       This NGCDAC is the core of the dialogue process (known also 
     as the Dialogue Roundtable) and it has four (04) Working 
     Groups. So far, the progresses the four working groups are:
       (1) Inquiry Commission on the events in Baqua
       On September 2, 2009, seven (07) members of the Inquiry 
     Commission on the events in Bagua (Amazonas) on June 5th 
     2009, were elected. The working group consists of:
       a. Representatives of indigenous communities: Pilar 
     Mazzetti Soler (former Minister of the Interior), Mary Carmen 
     Gomez and Jesus Calleja Manacas Valverde.
       b. Representatives of the Executive Branch: Ricardo Alvarez 
     Lobo, Susana Pinilla Cisneros (former Minister for Women and 
     Social Development) and Walter Gutierrez Camacho.
       c. Regional governments delegate, Manuel Ernesto Bernales 
     Alvarado.
       The members of this working group will have a meeting with 
     the Ministry of Agriculture no later than September 5th 2009. 
     The Ministry of Agriculture is the chairman of the NGCDAC. 
     The chairman of the working group will be elected among its 
     members. It is expected that this group provides the results 
     of its investigation by December 26th 2009.
       (2) Evaluation of Legislative Decrees
       This evaluation is being developed under the coordination 
     of the Ministry of Agriculture. The Law on Forestry and 
     Wildlife, and its Bylaw are considered by the working group 
     as reference documents. This group has organized exhibitions 
     and workshops and evaluated many proposals on forestry 
     regulations submitted by each of the parties involved in the 
     dialogue -central government, regional governments and native 
     communities. They will be discussed and then consulted with 
     the indigenous communities.
       To contribute to finding consensus on this issue with 
     representatives of regional governments and indigenous 
     communities, on September 2nd 2009, the Bureau for Forestry 
     and Wildlife Affairs of the Ministry of Agriculture submitted 
     to the NGCDAC a document with technical inputs to improve the 
     forestry legislation.
       (3) Consultation Mechanisms (in order to accomplish the ILO 
     Convention 169)
       This working group is gathering information on the methods 
     of consultation: the Convention 169 itself and its handbook; 
     the United Nations Declaration on Indigenous Peoples Rights; 
     the draft proposal of law in Congress concerning the right of 
     consultation; the report of the Ombudsman on the Bagua issue, 
     and a case review related to the Saramaka population of 
     Suriname.
       Regarding this topic, it has been organized the 
     International Seminar ``Right of consultation of Indigenous 
     people, policy framework and implementation experiences'', as 
     well as decentralized meetings on this issue. Both the 
     Ombudsman and the Sub Regional Office of the ILO have made 
     presentations on the Convention 169. On September 17th this 
     working group will assemble to set up proposals on the 
     matter.
       Since the group has started its works, it is taking into 
     consideration the opinions and points of views expressed by 
     Amazonian communities for the purpose of arriving to a draft 
     bill to be submitted to the NGCDAC.
       (4) National Development Plan of the Amazon Region
       The agenda includes issues relating to indigenous peoples 
     and the Amazon Region, such as:
       Land, natural resources and biodiversity.
       Identity, culture and human development.
       Organization, autonomy and governance.
       Economics, management and sustainable development.
       So far, this working group has had several meetings and has 
     organized exhibitions, workshops and proposals about this 
     matter.
       Since August 29th 2009, this working group is revising and 
     updating of the ``Action Plan for Priority Issues of the 
     Special Multisector Commission for Indigenous Communities''.
       Until September 2nd 2009, this group has worked on these 
     subjects: land property rights and legal stability; bilingual 
     education; increasing of the coverage of public health, and 
     conditions of peace and security for native communities.
       Since the installation of NGCDAC, there have been a total 
     of 37 meetings of the four working groups, which were 
     undertaken in an atmosphere of respectful and transparent 
     dialogue.
       Within 120 days, the NGCDAC must submit to the Presidency 
     of the Council of Ministers, the Comprehensive Plan for 
     Sustainable Development of the Amazonian Peoples.

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