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Recent Conflicts in the Amazon Region

and the Search for a Long-term


Resolution

Presented by

Luis M. Valdivieso
Ambassador of Peru
June 2009
Agenda
• Government Development Objectives

• Overview of the Situation in the Amazon Region

• Legal Framework for Sustainable Development

• Events up to the Conflict in Bagua, Amazonas

• Actions taken by the Government and Current State of Affairs


Government Development Objectives
for the Amazon Region

Sustainable development of the region with due


consideration to:
– The cultural heritage of the native population
– The preservation of the Amazon as a key factor to
counter climate change
Continue to reduce steadily the levels of poverty and
extreme poverty in the region
Promoting further human development and social inclusion
Overview of the Situation in the
Amazon Region
The Amazon Region in the National Context

Loreto TERRITORIO NACIONAL POR REGION


47%
Sierra
Amazonas 26% Selva
5% SURFACE:
SURFACE: 61%
61%
61%

San Martín
778,449
778,449Km
Km2
2
7%
Ucayali Costa
13% 13%

Madre de Dios
11% POBLACIÓN NACIONAL POR REGION

Costa Sierra
POPULATION:
POPULATION: 13%
57% 32%
13%
Selva
13%

PRODUCCIÓN NACIONAL POR REGION

GDP:
GDP: 5%
5%
Costa
75%

Sierra
Nota: Superficie total del Territorio Nacional: 1,285,216 Km2 19%
Selva
FUENTE: INEI 2007 6%
Population By Region: 1993 and 2007
Protected Areas, Native Communities, and Territorial Reserves for Isolated Natives.
Distribution of the Amazon Territory

Bosques de
Producción
Permanente Comunidades Nativas,
Sistema Nacional de
Areas Protegidas 24% * Campesinas y Otros
17%
24%

Otros
35%

Fuente: DGFF del MA


Forestry Exports
2003 – 2008
(Thousands of US Dollars)

250,000
222,000
225,000 212,755 212,511

200,000

175,000 168,319

150,000 136,039

125,000
108,326

100,000

75,000

50,000

25,000

0
2003 2004 2005 2006 2007 2008

Fuente: ADEX, Boletín del Sector Maderas y sus Manufacturas 2008


OIL & GAS SECTOR
OIL - Thousands Barrels per Day /1

GAS – Million Cubic Feet per Day /1

/1 Source: PERUPETRO, promoting company


Poverty Incidence by Region 2004 – 2008
(Percentage)
Extreme Poverty by Region 2004 – 2008
Percentage
Poverty Reduction in 2008
(in percentage points)
Main Challenges to the Preservation of the
Amazon Forest

• llegal Logging
– Change the use of the land (for survival, for
illegal crops)
– For commercial purposes (selective high
value woods)
• Illegal Mining (pollution of rivers with
adverse impact on agricultural activities)
• Pollution from legal activities (mining and
hydrocarbon extractive activities
DEFORESTATION:
Main Culprits
100% Agropecuario
90% 87%

80%
70%
60%
50%
40%
30%
Energía
20% Forestal
8%
10% 5%

0%

Fuente : INRENA
IMPACTO DE LA TALA
DEFORESTADORA
DEFORESTACION MAP
Mining Sector Environmental Impact
Legal Framework for Sustainable
Development
• 7/14/95 Law 26505: Private Investment in Native Communities’ land
• 7/16/08 Law 27308: Forestry and Wildlife Law
• 3/13/08 LD 994: Private Investment in Irrigation: expansion of arable land
• 5/13/08 LD 997: Empowerment of Ministry of Agriculture
• 5/14/08 LD 1013: Creation of Ministry of Environment
• 5/20/08 LD 1015: Standardization of procedures for improving agricultural production and
competitiveness in the Sierra and Amazon Regions
• 6/26/08 LD 1039: Modification of LD1013 to expand functions of ME
• 6/26/08 LD 1042: Amendment of law regulating mining sector environmental liabilities
• 6/26/08 LD 1048: Further environmental regulations on mining for warehousing concentrates
• 6/27/08 LD 1054: Consolidation of General Law on Mining
• 6/27/08 LD 1055: Amendments to the General Law on Environment
• 6/28/08 LD 1064: New regime for enhancing the use of land for agricultural purposes
• 6/28/08 LD 1073: Amendment of Law 26505 to enhance the native communities’ ability to
decide on the regularization of land property for use by third parties
• 6/28/08 DL 1078: Amendment to Law 27446 concerning the system for evaluating
environmental impacts
• 6/28/08 DL 1079: Further measures to guarantee the preservation of protected natural areas
• 6/28/08 DL 1081: Creation of the National System for Hydro resources.
• 6/28/08: DL 1085: Creation of the Supervisory Body for Forestry resources and the titling of
rural land property.
• 6/28/08 DL 1090: New Forestry and Wildlife replacing Law 27308
• 9/21/08 Law 29361 Repeal of LDs 1015 and 1073 restoring Articles 10 and 11 of Law 29261
on Private Investment for the development of land, including native communities’ lands.
• 1/14/09 Law 29317: Amendments to LD 1090 allowing changes in the uses of land,
forbidding titling or possession certificates of protected lands, development of a
forestry management plan, a conditional compensation regime, and incentives for the
rehabilitation of degraded or deforested lands
Forestry Concessions
OIL CONTRACTS

Oil Contracts
NEW
YEAR OPERATION EXPLORATION TOTAL
CONTRACTS
2001 15 14 29 0
2002 16 13 29 0
2003 16 11 27 -2
2004 17 14 31 4
2005 17 28 45 14
2006 18 42 60 15
2007 19 65 84 24
2008 19 84 103 19

* Estimated Amounts
Events up to the Conflict in Bagua, Amazonas (I)

• Native Communities challenged first the constitutionality LD


1090
• Their concerns were channeled within the framework of the
law; i.e., through the Congressional Committees.
• Subsequently, they challenged the amendment of LD 1090,
i.e. Law 29317, notwithstanding their participation in the
amendment process
• Between Jan. and June 5, 2009, natives communities used
two channels of communication: (i) Congressional
committees and (ii) direct dialogue with the Executive Branch
• Prospects in Congress were not very promising until very late
when Constitutional Committee of Congress approved the
Minority report of unconstitutionality but its discussion by the
Plenary was postponed to permit direct dialog
Events up to the Conflict in Bagua, Amazonas (II)

• The dialogue with Executive did not prosper either. There


were several attempts to open the dialogue.
• In parallel, the native communities’ positions started to
radicalize and started taking over highways and disrupting
productive activities
• In view of the increased disruptions, the government
empowered by the Constitution declared the state of
emergency in the regions of conflict.
• It was only on May 26 that a formal dialogue could be
established after over 50 days of strikes.
• AIDESEP led by its coordinator Mr. Pizango participated in
the discussions. However, after two sessions, Mr. Pizango left
the table and called for further radicalization, including a
request for full autonomy and insurgency.
• On June 5, the Government calls on the Police to restore law
and order.
• In the event, 24 policemen and 10 civilians died, with most of
the the policemen being killed in cold blood.
Government’s Assessment of the Events and Response (I)

• We acknowledge that the DL 1090 was not consulted with the


principals of the native communities because it was believed
that it was not against but in favor of them.
• It is now clear that the interlocutors for the dialogue were not
representative and had a hidden political agenda not
consistent with the concerns of the native communities.
• There was widespread and concerted misinformation and
political interference both domestic (from the nationalist party)
and external (particularly from President E. Morales and some
ministers from Bolivia and Venezuela) who called for radical
measures to destroy the Peruvian development model for the
Amazon, to weaken the democracy, and ultimately to bring
down the government
• There was also a miscalculation in believing that there were
only natives protesting and not criminal elements ready to
create chaos and ignite an armed confrontation
Government’s Assessment of the Events and Response (II)

In view of the above, the Government took the following actions:


• Asked the public law institutions, the Ombudsperson, and the Red
Cross to verify the number of casualties, injured, and people
temporarily and voluntarily displaced from their communities.
• Invited the United Nations Special Rapporteur on the situation of
human rights and fundamental freedoms of indigenous people to
evaluate the situation
• Set up an expanded Working Group to discuss an integral and
sustainable development alternative for the Amazon region that
takes int account the views of all the population of the area,
including the natives.
• Postponed the implementation of LD 1090 and Law 29317 and
restore the Law 26505 and 27308, with the concurrence of all
parties supporting the development model, except for the Nationalist
party.
• Submitted to Congress a request for the abolishment of the legal
norms under question which is currently debated by Congress.
Native Communities’ Response
• Mr. Pizango sought and obtained political asylum by the
Nicaraguan Embassy and subsequently obtained free
passage to Nicaragua. He refused to be interrogated by
the Special Prosecutor on charges of promoting
rebellion, among others
• Following the suspension of effectiveness of LD 1090
Law 29317,the Prime Minister agreed with several
elected representatives of Native communities to
participate in the Working Group and to help restore
public order and to invite AIDESEP to join. In addition,
there was agreement that the police acted responsibly.
• Following this agreement, AIDESEP has called on its
members to help restoring order.
Final Remarks

• Regrets the loss of lives


• Stands ready to prepare new legislation to protect and
promote a sustainable development of the Amazon
region for the benefit of all Peruvians
• Will take necessary actions to seek an appropriate
reconciliation of the various interests of all the civil
society groups involved
• Believe it is important that this process is undertaken
within the frame of the law, with due respect to
democratic principles, and in a peaceful manner.

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