Document #1048517
IRB – Immigration and Refugee Board of Canada (Author)
Country Reports for 1997 and the
preceding years states that unions in Peru "represent a cross
section of political opinion," and although "the law prohibits
unions from engaging in explicitly political, religious, or
profit-making activities" "some unions have been traditionally
associated with political groups" (1998).
Although available reports covering the
years 1995-1998 do not report as many abuses against union leaders
as were reported in the preceding decade and in the early nineties,
a few references to attitudes towards certain union activists by
the government and the Shining Path were found. This information
adds to that provided in PER30104.E of 15 September 1998,
PER26589.E of 27 March 1997 and PER21615.E of 24 August 1995.
In 1996 Amnesty International (AI) reported
that prisoners of conscience or people unjustly convicted on
terrorism charges included "community and trade union leaders,"
although adding that the majority of those wrongly imprisoned were
"simple citizens". In the same report, AI states that "political
and trade union activists who do not support the ideology and
practices of Shining Path" have been "systematically threatened and
killed."
From 1990 to early 1996 the Shining Path
assassinated some 59 popular leaders, including some unionists, in
Lima's shanty towns (Latinamerica Press 21 Mar. 1996, 1).
After most of the group's leadership were captured in 1992 and
1993, "the Shining Path largely suspended its military actions and
focused its energies on strengthening its political base, setting
up networks and 'popular schools' in Lima shantytowns" (ibid.).
Although its more recent military actions were "done for propaganda
purposes," analysts indicated in early 1996 that "it is
increasingly clear that the Shining Path is targeting known
grassroots leaders" (ibid., 8). The goal of the recalcitrant
faction of the Shining Path, known as Red Path (Sendero Rojo), in
Lima has been to "establish a network in the shantytowns to
intimidate local leaders into abandoning their posts so that Red
Path sympathizers could dominate the local grassroots groups and
neighbourhood committees" (ibid.).
On 30 June 1995 the Shining Path murdered
Pedro Díaz Maldonado, the secretary general of the workers'
union at the aluminium products factory FAM (CNDH 1996).
In April 1995 two unionists were arrested
for suspected subversion: Manuel Llancari Cuba, an official of a
regional federation of private and public enterprise workers unions
(FERETREP-RENOM), and Rosario Olivera Jara, described as a former
official of a hospital in the department of Lambayeque (ICFTU 1996,
68). The former was released the same month, but the latter
remained in detention longer, despite both having been cleared of
subversion charges (ibid.).
Earlier in 1995 some members of a
delegation of unionists, who were to participate in hearings before
a United States government committee regarding the inclusion of
Peru in the U.S. Generalized System of Preferences, were reportedly
described as "traitors to the country" by a Peruvian government
congresswoman, and at least one of them reported having received
death threats (ibid.).
On 31 December 1998 the police reportedly
captured the Shining Path's "top military leader in the capital"
(AP 4 Jan. 1999). The man was captured in the "industrial slum of
Vitarte, where he was in charge of organizing workers and
neighbourhood networks for the group;" he had been previously
arrested in 1992 "as he led a strike by workers in Lima's port city
of Callao, but he later escaped prison by switching names with the
help of his lawyer" (ibid.).
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum.
References
Amnesty International. 1996. Peru:
Prisoners of Conscience. (AI Index AMR 46/09/96) [Internet] http://www.amnesty.org/ailib/aipub/1996/AMR/24600996.htm
[Accessed 20 Jan. 1999]
Associated Press (AP). 4 January 1999.
"Peru Reports Rebel Leader's Capture." [Internet] http://dailinews.yahoo.com/headlines
[Accessed on 5 Jan. 1999]
Comisión Nacional de Derechos
Humanos (CNDH), Lima. 1996. Informe sobre la situación
de los derechos humanos en el Perú 1995. [Internet] http://www.
Derechos.org/cnddhh/inf-anua.htm [Accessed 19 Jan. 1999]
Country Reports on Human Rights
Practices for 1997. 30 January 1998. Washington, DC: Bureau of
Democracy, Human Rights and Labor. (REFINFO)
International Confederation of Free
Trade Unions (ICFTU), Brussels. 1996. Annual Survey of
Violations of Trade Union Rights.
Latinamerica Press [Lima]. 21
March 1996. Vol. 28, No. 10. David Wayne. "Shining Path
Endures."
Additional Sources Consulted
CNDH [Lima] Annual Reports. 1996,
1997.
ICFTU [Brussels] Annual Surveys. 1996,
1997.
Human Rights Watch World Reports.
1996-1999.
Latinamerica Press [Lima].
1996-1998.
Electronic sources: Internet, IRB
Databases, Global NewsBank, NEXIS, REFWORLD, WNC.
Note:
This list is not exhaustive.
Country-specific books available in the Resource Centre are not
included.