IACHR
Press Release
IACHR Grants Precautionary Measures in Favor of Members of the Santa Clara de Uchunya Indigenous Community and of the Chairman of the Federation of Indigenous Communities in Ucayali, Peru
November 5, 2020
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) issued Resolution 81/2020 on October 28, 2020, to grant precautionary protection measures in favor of members of the Santa Clara de Uchunya Indigenous Community and of Miguel Guimaraes, chairman of the Federation of Indigenous Communities in Ucayali, Peru (FENOCAU, by its Spanish acronym).
According to the request for these precautionary measures, the proposed beneficiaries face risks after being targets of threats and attacks for defending their territorial rights in the face of an expansion in oil palm monoculture and land trafficking in the Amazonian region of Ucayali.
After assessing the legal and factual allegations made by the parties, the Commission considers that—based on the standards that are applicable prima facie—the members of the Santa Clara de Uchunya Indigenous Community and Miguel Guimaraes as FECONAU’s chairman face a situation of grave and urgent risk, since their rights risk suffering irreparable damage. Consequently, in keeping with Article 25 of the IACHR’s Rules of Procedure, the Commission asks the State of Peru to take the following measures: (a) adopt any culturally appropriate action necessary to protect beneficiaries’ rights to life and personal integrity, particularly by preventing acts of violence by third parties, in compliance with International Human Rights Law; (b) come to an agreement with beneficiaries and their representatives regarding any measures that need to be taken; and (c) report on any action taken to investigate the events that gave rise to the adoption of these precautionary measures, to prevent such events from happening again in the future.
The fact that this precautionary measure has been granted and its adoption by the State do not entail a prejudgment on a potential petition that may be filed before the Inter-American system to allege violations of rights protected by the applicable instruments.
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 268/20