This report has been prepared by the Federación Nativa del Río Madre de Dios y Afluentes – FENAMAD, the Plataforma de Pueblos Indígenas Amazónicos Unidos en Defensa de sus Territorios – PUINAMUDT and the organizations that accompany human rights defenders, EarthRights International, Derechos Humanos Sin Fronteras (DHSF) and Perú Equidad. It is based on four emblematic cases of criminalization of human rights defenders and organizations:
- Federación Nativa del Río Madre de Dios y Afluentes – FENAMAD (Native Federation of the Madre de Dios River and its Affluents) – Madre de Dios ; the organization and its president have been victims of judicial intimidation and criminalization because they denounced the company Maderera Canales Tahuamanu S. A.C. which, through permits granted by the Peruvian State, was working throughout the pandemic in the territory of the indigenous people in isolation Mashco Piro, thus endangering the lives of this people. The company used constitutional law (protection, or amparo, proceedings) and the judiciary forced FENAMAD to cease its work as a defender organization as well as to incriminate themselves as advisors to illegal loggers.
- Organización de los Pueblos Indígenas Kichwas Amazónicos de la Frontera Perú Ecuador – OPIKAFPE (Organization of Amazonian Kichwa Indigenous Peoples of the Peru-Ecuador Border) y Federación Indígena Quechua del Pastaza – FEDIQUEP (Quechua Indigenous Federation of the Pastaza) – Loreto; indigenous defenders who over fourteen years ago were incriminated in a series of crimes due to a protest carried out by various communities against the Pluspetrol oil company. They were denounced and detained by the police. To date, the judicial process continues, and the Public Prosecutor’s Office has accused them of perpetrating the crimes of kidnapping, and extortion, among others, with sentences of up to 31 years.
- V. M. M. indigenous defender and journalist belonging to the K’ana people – Cusco, is the victim of judicial intimidation/criminalization through various public prosecutor investigations due to his constant activity in disseminating news on the protests of the population against the pollution generated by the Antapaccay mining activity of the Glencore company and the company’s failure to comply with its agreements. In addition, in May 2022, a report from the Ministry of the Interior of October 2021 was made public, in which it became known how this defender was being followed and which he was described as an “agitator”.
- Defenders belonging to the Chumpi Willkas people – Cusco, due to the exercise of their right to protest against the pollution generated by the mining company ANABI S.A.C. (December 2011 and February 2012), were accused by this mining company and by the Peruvian State for the crimes of kidnapping, violation of the home, aggravated robbery, aggravated damage, hindering the functioning of public services, and violating public order and calm. In January 2020, the Judiciary acquitted them. The companies and the Peruvian State appealed. In the second instance, this appeal was declared unfounded. The Public Ministry filed a cassation appeal. To date, there is no sentence.
In each of these cases, indigenous people or the indigenous organizations themselves (as in the case of FENAMAD) are victims of criminalization or judicial intimidation by the Peruvian justice system for defending their rights against formal extractive activities (logging, oil, or mining companies) that pollute their territories and affect their rights or the rights of other indigenous peoples. Furthermore, in three of these cases, the company or its workers have directly denounced or sued the indigenous defenders.
