The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, S. James Anaya, presents his observations on the situation of the indigenous peoples of the Amazon region, particularly in relation to the clashes that occurred on 5 June 2009 and the events of the days immediately following in the provinces of Bagua and Utcubamba, Amazonas department which resulted in a number of deaths and injuries. These observations are the result of an exchange of information with the Government of Peru and other interested parties and of his visit to Peru from 17 to 19 June 2009. The purpose of the visit was to observe, understand and analyse the situation that had arisen in the area round the city of Bagua and in Bagua and Utcubamba provinces, and the events that led to this situation. The Special Rapporteur considers the Peruvian Government’s invitation to visit the country and the cooperation that he received in the course of his visit to have been a mark of goodwill and openness.
During his visit, the Special Rapporteur was able to extend his knowledge of the situation and engage in a constructive dialogue with Government representatives, with members of indigenous organizations and peoples and with civil society in the Bagua region and elsewhere, and following his visit he continued to receive extensive information from various sources on developments following the events of 5 June. The Special Rapporteur sets out a number of conclusions and recommendations concerning the measures that could contribute to the search for constructive solutions in the framework of international standards on the rights of indigenous peoples. He recommends that a special, independent commission should be established to shed light on the events of 5 June 2009 and the following days, to be made up of various institutions that enjoy credibility with all the parties involved and of indigenous representatives. He further recommends that members of the international community should participate in the work of the special commission. The Special Rapporteur also makes specific recommendations with regard to conducting a proper consultation process and reviewing the criminal charges against indigenous leaders. One of the Special Rapporteur’s general comments is the absence of an adequate mechanism to address the legitimate right of indigenous peoples to be consulted and to protect their rights over their lands and territories, which has been a factor in the feeling among the indigenous peoples that they lack adequate options to defend their rights.
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