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Peru congress repeals controversial indigenous land laws

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Peruvian Congress voted Thursday to repeal controversial land laws that had led to indigenous protests and violent clashes last week when police attempted to disperse groups blocking access routes. Last week, the congress temporarily suspended legislative decree 1090, the Forest and Wild Fauna Law and legislative decree 1064, establishing the legal framework for agricultural land usage in the wake of the protests. The repeal came after negotiations between the Peruvian government and indigenous groups resulted in Peruvian Prime Minister Yehude Simon announcing Monday that the Executive Branch would ask the congress to repeal the laws. On Wednesday, Simon announced that he would resign in the wake of the protests. Peru's largest indigenous organization, the Interethnic Association for the Development of the Peruvian Jungle (AIDESEP), hailed Thursday's repeal, saying, "oday is a historic day, we are grateful that the will of indigenous peoples has been heard, and only hope that in future, governments meet and listen to the people..." Peruvian President Alan Garcia decreed the controversial laws under powers to implement a free trade agreement with the US. The laws would open Amazon land to development by international companies. Simon maintained earlier this week that the repeal of the laws would not harm a Peruvian-US free trade agreement. In November 2008, Simon declared a state of emergency when violence broke out amidst indigenous protests over a new law reducing revenue to the province from local mining operations. In August 2008, protests over a controversial law that reduced the majority by which a tribe must agree to sell communal land to oil and natural gas companies led the Peruvian government to declare a state of emergency over widespread indigenous protests.

Full post as published by JURIST - The Paper Chase on June 19, 2009 (boomark / email).