This Wednesday, October 9, the Congress of the Republic will discuss a legislative initiative that could reduce the protection of human rights in the country, particularly in relation to indigenous peoples.
Bill No. 6290/2023-CR proposes that the rulings of the Inter-American Court of Human Rights (Inter-American Court) are only binding on Peru in cases where the country has been a party.
Currently, the decisions of the Inter-American Court are applied in the national territory even when the State has not been involved in the cases, thanks to the Ley 31307. However, the new initiative, which has been promoted by the Constitution Commission chaired by Congressman Fernando Rospigliosi (Fuerza Popular), seeks to change this provision.
Juan Carlos Ruiz Molleda, lawyer and coordinator of the Constitutional Litigation and Indigenous Peoples Area of the Legal Defense Institute, spoke with Infobae Peru and warned about the risks of this initiative, highlighting that the Inter-American Court guarantees the best standards of protection of human rights, especially for indigenous peoples.
“The most protective and guarantor of the rights of indigenous peoples is in the jurisprudence of the Inter-American Court” he stated, mentioning that the Court recognizes, for example, the right to restitution of dispossessed lands.
Also, the lawyer cited article 8 of the Preliminary Title of Law 31307, which highlights that the regulations must be interpreted in accordance with the Universal Declaration of Human Rights and international treaties.
In his opinion, this is essential to protect the rights of indigenous peoples, who, according to jurisprudence, have rights over their lands even in cases where they have been displaced.
“Members of indigenous peoples who have involuntarily lost possession of their lands have the right to recover them. For this reason, laws that are approved like these, which are regressive and violative, have to be counteracted to defend the territorial rights of indigenous peoples against possible harmful legislative changes,” he details.
For its part, the Inter-Ethnic Association for the Development of the Peruvian Jungle (Aidesep), which represents 2,439 communities in the Peruvian Amazon, expressed their concern to this medium.
Rocío Trujillo, Aidesep lawyer, highlighted that this norm goes against international instruments and obligations, stating that “It is one more norm that Congress wants to implement against established rights”.
In this framework, regarding possible legal actions if the project is approved, the lawyer mentioned that they could file a claim of unconstitutionality, which is the mechanism to counteract laws that violate established rights. “We hope it is not approved, because there are many legal arguments that support our position”.
Likewise, through a statement released this Monday, Aidesep added: “Limiting the scope of the rulings of the Inter-American Court puts our lands, resources and culture at risk, and we will not allow our rights to be curtailed. Therefore, from Aidesep, we urge all indigenous organizations and civil society to raise their voices and act to stop this harmful norm.”
