- The Inter-American Commission on Human Rights (IACHR) has submitted the case to the Inter-American Court of Human Rights (IACHR Court), finding Peru responsible for violating these rights by failing to protect the Mashco Piro territory and allowing extractive activities.
Madre de Dios – Lima, Peru, November 7, 2024 – The IACHR has presented the “Case No. 13,752 – Indigenous Peoples Mashco Piro, Yora, and Amahuaca against the State of Peru” before the IACHR Court, after determining that the Peruvian State violated the rights of isolated Indigenous Peoples, thus endangering the physical and cultural survival of the Mashco Piro.
In its referral note, the IACHR concluded that “the current regulations, as applied in this case, failed to effectively protect the Mashco Piro, Yora, and Amahuaca Indigenous territories, nor did they ensure that any restrictions on their property were compatible with Inter-American standards on this issue. The Commission observed that, despite regulations established by the State to protect isolated Indigenous Peoples (PIA, in Spanish), their lands face constant external pressures, including forestry and hydrocarbon concessions, illegal logging, and narcotrafficking activities.”
In 2011, due to the absence of justice and safeguards for the Mashco Piro in isolation—who, by choice, cannot defend themselves directly—the Native Federation of the Madre de Dios River and Tributaries (FENAMAD, in Spanish) approached the IACHR to report the grave situation resulting from state inaction.
“For us, it is crucial that this matter has reached another international level, and that the Peruvian State understands that our Mashco Piro brothers in isolation need protection, as their lands are being invaded by extractive activities, endangering their lives. We hope that full respect for them and the principle of non-contact can finally be guaranteed,” said Alfredo Vargas Pio, president of FENAMAD.
After 12 years within the Inter-American system, on December 1, 2023, the IACHR informed the parties of Report 397/22, which found Peru guilty of violating several Mashco Piro rights, including collective property rights, judicial guarantees, judicial protection, freedom of expression, and political and cultural rights, severely impacting their right to self-determination.
The report recommended various measures to Peru, including correctly identifying and delineating Mashco Piro territory (completing the categorization of the Madre de Dios Territorial Reserve into an Indigenous Reserve, with buffer zones) and ensuring strict adherence to the principle of non-contact, prohibiting economic activities within their lands. However, the State has not complied, leading the IACHR to bring the case before the IACHR Court.
“After years of advocating for Mashco Piro rights, this submission to the IACHR Court is a crucial step in holding Peru accountable for failing to protect their rights. The Court now has an opportunity to set a precedent for isolated Indigenous Peoples, demanding recognition and protection of their territory against escalating threats to their existence.” said Juliana Bravo Valencia, Amazon Program Director at EarthRights International, which, alongside FENAMAD, has co-petitioned in this case and a precautionary measure (No. 262-05).
The Mashco Piro’s risk of extermination remains critical; thus, the IACHR maintains precautionary measures to protect them from the increasingly invasive presence of third parties in their territory. Now, the IACHR Court must determine the Peruvian State’s international responsibility for violating this Indigenous community’s rights.
More information on the situation of the Mashco Piro Indigenous People here
Press contact
Daniel Peña Pérez
+51 910395282 (Perú)
Rosa Arista Zerga
+51 941242447 (Perú)
EarthRights International
