The so-called “internal affairs”, within “sovereign” States, previously served as “parapets” for the total impunity of dictators and corrupt people. In Latin America and the world.
But that was before, when there were no adequate institutional and legal tools to act. Historical times of impunity/cyclical continuity of Latin American autocracies throughout the 20th century. In a succession of unpunished – and prolonged – dictatorial leaders. Just to rescue, the copious material that he contributed to nourish the pen of “the greats” of Latin American literature: García Márquez, Cortázar, Vargas Llosa, Asturias.
Evident change in context today, in international standards and citizen awareness. But within this, there are those who appear cyclically in the region who have not realized this. And they still believe – delusionally – that they can continue making “history” in the old style. And writing history books focusing on lists of presidents and dictators. And, with this, contribute to legitimizing impunities. And, worse, validating the gross corruption, the daily bread.
Although the beast of authoritarianism refuses to “die”, that is not and cannot be the future.
Silencing civil society
Ortega already did it in Nicaragua. And now the Corrupt Pact in Peru intends to do so: put an end to the “nuisance” of civil society and its non-governmental organizations, erase them from the map. The criminal organizations that control Congress prepare the law to drown/silence them, thus burying that important space for action and expression of civil society.
Everything happening in dark convergence, corrupt Congress/government idem. Meanwhile, adding fuel to the fire, the chancellor publicly says he does not know how much money NGOs receive. Very curious… or, rather, impossible: this information is all – complete – in the government agency on the matter (the APCI). Which has been operating, for 20 years, precisely in the chancellery. All The organizations are registered in this registry and periodically report on their resources and activities.
But the “administrative” details are not what the Corrupt Pact is concerned about. The “unbearable”: the democratic surveillance and transparency that come from civil society organizations, which do their part: presenting cases for the international protection of victims of systematic – and increasing – human rights violations.
Before the inter-American human rights system, the UN and, in general, the international community. On “sensitive” issues, since they touch on serious State responsibilities for which it must be responded to internationally. International community that, for its part, is not “asleep”, but rather reacting to a delicate situation like the one that affects Peru today.
Faced with this new threat against civil society organizations and democracy from the Corrupt Pact in Peru, the international community reacted. Timely and emphatically. It stopped this authoritarian attempt against civil society in its tracks: 16 embassies in Peru spoke out, clearly and forcefully, against this threat. In clear – and explicit – support for civil society and rejection of the alleged controlist legal amendments.
A large and representative group of embassies in Peru spoke out without mincing words: Germany, Australia, Austria, Belgium, Canada, Spain, United States, Finland, France, Ireland, New Zealand, Netherlands, United Kingdom, Sweden, Switzerland and the European Union. Supporting Peruvian civil society and rejecting, without ambiguities or half measures, legislative proposals “that will restrict the ability of civil society to operate in an enabling environment. Democracies are more inclusive, equitable, stable, and prosperous when civil society is fully empowered to protect human rights and respond to the needs of citizens.”.
Stop “dry”, then, to this new step of authoritarianism. That could very well be followed by other concrete steps of relevance. From the United States, in particular, applying the Magnitsky law to withdraw their US visas from those of the Peruvian Corrupt Pact: several congressmen, members of the executive and some other “characters.” After the United States did something like this in Guatemala last year with more than 600 politicians and businessmen, everything changed: the Guatemalan Corrupt Pact ended up collapsing.
Denied the possibility of seeing what they know from the United States (Donald Duck or Mickey Mouse at Disneyworld), many behaviors changed in Guatemala. And the Corrupt Pact in Guatemala ended. Human Rights Watch for Peru has already raised it from Washington. The “ball”, then, is in the State Department, based on the fundamental Magnitsky law and with more than sufficient elements of information that it already has.
New “formats” of authoritarianism
But the fact is that, in the meantime, we will have to continue fighting against the inexhaustible authoritarian obsession: imaginative “formats” of authoritarian exercise of power. Like the Corrupt Pacts of these times. Like the one that affected Guatemala until the inauguration of President Arévalo in January of this year.
And to Peru today: demolishing democratic institutions, mainly from Congress, plagued by darkness and corruption. Of the 130 parliamentarians, 67 (51.5%!) are under investigation for alleged crimes against public administration, public faith and against property. Legislative that already overthrew the independent system of appointment and evaluation of magistrates (National Board of Justice). Also advancing in consecrating impunity for serious violations of human rights. And, also aiming to subdue the electoral system, still independent.
In convergence with such disasters: the gray and unpopular executive (5% support) of Boluarte. Whose retarded position in all areas is known and declared. For example, not abiding by the rulings of the Inter-American Court. As the chancellor himself already expressed publicly at the time, by “shielding”, for this purpose – and illegally – the irregular pardon of Fujimori.
And, along with the contempt for democratic institutions, the exuberant corruption. Urbi et orbiIn addition to Congress, the Lima executive, headed by a woman, is also investigated for corruption, as are more than 50% of the legislature. President who, in addition, still enjoys impunity for the death – shot by the police and the army – of 49 citizens in social protests in December 2022. Very serious.
Inter-American system: in action
Nothing that is hitting Peru is going unnoticed by the inter-American system, which is alive and in action on at least three fundamental levels.
First: dozens of Peruvian and international personalities and democratic organizations have publicly proposed that the OAS now apply the Inter-American Democratic Charter. This is what corresponds to the evident breakdown of the democratic order (art. 19): the “breakdown of the democratic order or… alteration of the constitutional order… constitutes, as long as it persists, an insurmountable obstacle to the participation of its government in the sessions of the Assembly. General … and other organs of the Organization.” Appropriately, the matter is now under review among OAS member countries.
Second: the firmness of the Inter-American Commission on Human Rights (IACHR), providing increasing attention to the democratic demolition in Peru. In a recent public communication he has condemned the “…deterioration of democracy in Peru. The use of the control powers of the Congress of the Republic of Peru, in the way in which they have been exercised, has the potential to put the rule of law at critical risk. The exercise of power has affected autonomous institutions, which have a transcendental role in the democratic life of the State, which, in parallel, threatens the situation of human rights. In this context, it is urgent to take immediate measures that ensure the principle of separation and independence of public powers.”
Without mincing words, the IACHR calls on the Peruvian State “… to demonstrate its commitment to the principles of the Inter-American Democratic Charter and its international human rights obligations. To this end, it must adopt urgent measures to strengthen the rule of law, which include strengthening the fight against corruption.”
Third, the highest inter-American court: Inter-American Court of Human Rights. Firm in the exercise of his powers. And it has already adopted two relevant decisions at this juncture.
The first: to require the Peruvian State to present its observations on the request for provisional measures in the face of the threat of two very high-profile cases of serious human rights violations remaining unpunished: Barrios Altos and La Cantuta. For these events, among others, former President Alberto Fujimori was criminally convicted.
The second: at the same time, the Court orders the State to “interrupt the legislative process” regarding the restrictive scope that is intended to be given to the classification of the crime against humanity. Well, for the Court, said legislative project “… prevents the prosecution of any person for crimes against humanity or war crimes that occurred in Peru before 2002, thereby excluding the period of the internal conflict that left more than 69,000 victims.”
Searching for “total impunities”
Although the times of total impunity for corrupt autocracies/dictatorships in Latin America are over, they not only remain in the literary work of the greats. The story continues: dark interests seek, by various means, to deactivate the capacity for action of civil society.
And end the balance of powers: liquidating the independence of the judiciary and the electoral system. Political power in Peru today is precisely that, in the hands of the corrupt pact. But in dimensions and extensions so large and complex, that it has dwarfed the one that ruled in Guatemala until a few months ago.
Meanwhile, the political parties in Peru stand out for their weakness, civil society and its organizations are one of the few sources of constant examination and monitoring of the ongoing democratic deterioration. It is not surprising, therefore, that from the Corrupt Pact campaigns, norms and policies are designed to hinder and undermine non-governmental organizations and their vigilant role. Within that context, they play a “disturbing” and fundamental role.
For example, to support the protection of environmental law, in efforts against accelerated Amazon deforestation. Territories in which the State is practically non-existent and that are under the hegemony of organized crime. When 33 Amazonian environmental leaders have already been murdered in Peru in recent months, it is very serious to hinder the work of the valuable NGOs that focus precisely on the Amazon issue: this is done to the mafias and illegal economies.
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