July 21, 2000

OAS MISSION TO PERU PRESENTS FIRST REPORT TO FOREIGN MINISTERS

The Minister of Foreign Affairs of Canada, Lloyd Axworthy, in his capacity as Chairman of the Thirtieth General Assembly of the Organization of American States (OAS), and OAS Secretary General C�sar Gaviria on July 13 presented the First Interim Report on the Mission to Peru, conducted this past June 27 to 30, to the Foreign Ministers of the member states.

A copy of the above-mentioned Report is attached.

 

FIRST INTERIM REPORT TO OAS
FOREIGN MINISTERS BY THE CHAIR OF THE THIRTIETH REGULAR SESSION OF THE GENERAL ASSEMBLY AND THE SECRETARY GENERAL ON THE MISSION TO PERU

From June 27 to 30, 2000, the Chair of the 30^th General Assembly and the OAS Secretary General led a visit of the Mission to Peru at the invitation of the Government of Peru and in fulfilment of the mandate given them by the 30^th OAS General Assembly in its Resolution 1753, adopted in the second plenary session held on June 5, 2000 in Windsor, Canada. An advance Mission led by Canadian Ambassador Peter Boehm and Fernando Jaramillo, Chief of Staff of the OAS Secretary General, visited Peru on 19-23 June, 2000. This first interim report begins a process of fulfilling our commitment made at the General Assembly on the importance of ensuring the continued strengthening of democracy throughout our hemisphere. A list of those consulted in the course of the two stages of the mission is set out in Appendix I.

 

This visit of the OAS Mission, much anticipated in Peru, encountered a challenging, polarized civic and political community; however, through a process of consultation sustained by the commonly expressed need for political reform, the Mission secured agreement from all sides that all had much to gain from initiating a reform process accompanied by the OAS. The Mission secured the public acceptance of Peru=s Government, Opposition leaders and Ombudsman to participate in a process to consider proposals which are set out as Appendix II to this report, as well as an OAS follow-up process of accompaniment. The proposals cover five areas: (i) reform of the administration of justice, strengthening the rule of law and ensuring the separation of powers; (ii) freedom of expression and the media; (iii) electoral reform; (iv) supervision and balance of powers, and; (v) civilian control of the activities of the intelligence services and the armed forces.

 

A time-frame and structure for the process of reform remains to be elaborated and agreed. Each of the five areas identified would require its own pace and process. Some measures, it was conveyed to the Government, were appropriate for action in the short term. In its various consultations, the Mission stressed that the reforms required to strengthen democratic structures should be in place no later than the next municipal elections in 2002, if they are to be effective and credible.

 

The Mission stressed that the responsibility for the process and its outcome was in the hands of all Peruvians. It was made equally clear that the Mission=s role would end only when the agreed proposals are implemented. An OAS Mission Office will shortly be established in Peru, in order to consult and promote dialogue amongst political and civic leaders, monitor progress, and report to the Mission on a regular basis. Since the return of the Chair and Secretary General from Peru, there have been several reports in the media that suggest the commitments made by the Government of Peru to support the goals of the Mission have weakened. These reports were addressed on July 10/11 in Washington during meetings the Mission had with Prime Minister Alberto Bustamante and Minister of the Presidency Edgardo Mosqueira. The Chair and the Secretary General reaffirm the understanding achieved with the Government of Peru on the package of democracy strengthening measures, and look forward to the establishment of the Mission Office to continue the process of accompanying Peru on its way to a strengthened democratic system. The appointment of the Secretary of the Mission, Foreign Minister Eduardo Latorre of the Dominican Republic, was announced on July 11th.

 

The Chair of the 30^th General Assembly and the Secretary General will report back to Foreign Ministers at regular intervals on the Mission=s progress. In the interest of transparency, it is our intention to make this report available to the general public.

 

APPENDIX I

 

LIST OF CONTACTS - OAS PREPARATORY MISSION AND HIGH LEVEL MISSION

LIMA, 19-30 JUN 00

Peruvian Government

President Alberto Fujimori

Francisco Tudela, Vice-president

Hon. Alberto Bustamante, Prime Minister

Hon. Fernando de Trazegnies, Foreign Affairs Minister

Ms. Blanca N�lida Col�n, Attorney General

Maria M�ndez Gastelumendi, Executive Secretary of the Presidential Commission of the strengthening of democracy

 

Congressional Representatives:

Ms. Martha Hildebrandt, President of Congress

 

Govt.official party coalition:

Ricardo Marcenaro, V�ctor Joy Way, Absal�n V�squez

 

Opposition:

Anel Townsend (Somos Per�), Luis Solari (Per� Posible), Ernesto Gamarra (FIM), Carlos Ferrero (Per� Posible), C�sar Zumaeta (Apra), Valet�n Paniagua (Acci�n Popular)

 

Opposition parties:

PERU POSIBLE: Alejandro Toledo and his representatives: Diego Garc�a-Say�n, Carlos Ferrero Luis Solari

SOMOS PERU: Alberto Andrade, Aurelio Loret de Mola

FIM: Fernando Olivera

AVANCEMOS: Rafael Rey, Humberto Martinez Morosini, Wilder Ruiz, Jos� Barba

APRA: Jorge del Castillo

SOLIDARIDAD NACIONAL: Luis Casta�eda Lossio

ACCION POPULAR: Valent�n Paniagua

UNION POR EL PERU: Henry Pease

 

Ombudsman=s Office

Jorge Santistevan de Noriega, National Ombudsman

and his key assistants: Vladimiro Huaroc, Gino Costa and Dante Mendoza

 

 

Jurado Nacional de Elecciones - JNE (National Electoral Board)

Mr. Alipio Montes de Oca, President

Carlos Bringas, Gast�n Soto, Carlos Vela, Ramiro de Valdivia

 

Oficina Nacional de Procesos Electorales - ONPE (National Office for Electoral Procedures)

Mr. Jos� Portillo Campbell, Director

 

Carter Center/NDI

Barry Levitt, Luis Nunez

 

Civil society roundtable

- Sof�a Macher, Secretaria Ejecutiva, Coordinadora Nacional de Derechos Humanos (CNDDHH)

 

- Carlos Basombr�o y Ernesto de la Jara, Directores, Instituto de Defensa Legal (IDL)

- Ana Mar�a Ya�ez, Movimiento Manuela Ramos

- Rosa Mar�a Alfaro, Miembro del Consejo Directivo, Calandria

- Susana Villar�n, Mujeres Por la Democracia (MUDE)

- Franciso Sober�n, Director, Asociaci�n Pro Derechos Humanos

- Relinda Sosa, Dirigenta de la Central de Comedores Populares de Lima y Callao

- Rafael Roncagliolo, Secretario General, Transparencia

- Francisco Diez Canseco T�vara, Presidente, Consejo Por la Paz

 

- Dr. Enrique Bernales, Director Ejecutivo a.i., Comisi�n Andina de Juristas

- Sr. Jos� Luis Risco Montalvan, Presidente, Confederaci�n General de Trabajadores del Per�

- Francisco Sagasti, Presidente de Foro Nacional Internacional y Director de Agenda Peru

- Ernesto de la Jara, Director, Instituto de Defensa Legal (IDL)

- Luis Jaime Cisneros, President, Transparencia

- Gil Inoach, Coordinator, Conferencia Permanente de los Pueblos Ind�genas del Peru (COPPIP)

- Jorge Chavez, Miembro de la Red de Coordinaci�n de Iniciativas Juveniles

- Ramiro Garc�a, Comit� de Agrupaciones Juveniles de Lima y Callao y J�venes del Sur

- Martin Belaunde Moreyra, Decano, Colegio de Abogados de Lima, Junta de Decanos de los Colegios de Abogados del Peru

 

Foreign Ambassadors

Resident OAS Member Country Ambassadors

EU Ambassadors

 

Thinkers/Political Analysts

Juan Paredes Castro, El Comercio

Jaime D=Althaus, Canal N

Felipe Ortiz de Zevallos, Apoyo

Sally Bowen, Financial Times

Ra�l Ferrero Costa

Fritz Dubois, Instituto Peruano de Econom�a

Jos� Luis Sard�n, Analista pol�tico

Patricio Ricketts, Periodista/Analista CCN

Carlos Bolo�a, Presidente Universidad San Ignacio de Loyola

Ra�l Chanam�, Analista pol�tico CCN

Jorge Morelli, CCN

Francisco Sagasti

Raul Ferrero

Juan Julio Wicht

 

IPYS - Instituto Prensa y Sociedad

Guido Lombardi, President,

Jorge Salazar, Executive Director,

Jos� Carlos Ugaz, Jurist

 

Consejo de Prensa Peruana

Enrique Zileri, President; Gustavo Mohme Seminario, VicePresident; Kela Le�n, Director; Alejandro Miro Quesada Cisneros, Member, Board of Directors; Hugo Guerra, Sociedad Interamericana de Prensa; Manuel Romero Caro, Director, Gesti�n; Eduardo Calmell del Solar; Director, Expreso; Maria Ofelia Cerro, Member, Board of Directors.

 

Asociacion de Radio y Television

Jos� Crousillat, President

Mendel Winter, Vice President

Daniel Linares Baz�n, Executive Director

 

Prensa Libre

Luis Iberico, Guillermo Gonzales

 

Colegio de Abogados

Mr. Mart�n Bela�nde, Dean

 

Lima Mayor=s Office

Alberto Andrade, Mayor of Lima

Michel Azcueta (Regidor) and Manuel Mas�as (recently-elected congressman for Somos Per�)

 

Church representatives

Monseigneur Bambar�n and members of the Conferencia Episcopal Peruana

 

Taller de Iglesia y Derechos Humanos

Ms. Pilar Coll

 

Peruvian private sector representatives:

Julio Favre, CONFIEP

Jos� Miguel Morales, Sociedad Nacional de Miner�a, Petr�leo y Energ�a

Samuel Gleiser, C�mara de Comercio de Lima

Emilio Navarro, Sociedad Nacional de Industrias

John Youle, American Chamber of Commerce

Carlos Castro, ADEX

Javier Montero, Consejo de Negocios Canad�-Per�

 

PERUVIAN BUSINESS REPRESENTATIVES

Asoc. de Exportadores (ADEX)

Ing. Carlos Castro

Presidente

Camara de Comercio de Lima

Ing. Samuel Gleiser Katz

Presidente

Cia. Minera Antamina S.A.

Sr. Bryan A. Coates

Vicepresidente de Finanzas

y administraci�n

COMEX(Soc. de Com. Exterior del Per�)

Sr. Enrique Gubbins Bovet

Presidente

CONFIEP (Conf. Nac. de Inst. Empresariales Privadas)

Sr. Emilio Navarro

Segundo Vicepresidente

Consejo de Negocios Canada-Peru

Sr. Javier Montero

Presidente

American Chamber of Commerce of Peru

Sr. John Youle

Presidente

Sociedad Nacional de Industrias (SNI)

Ing. Emilio Navarro

Presidente

 

Soc. Nac. de Mineria, Petroleo y Energia (SNMPE)

Sr. Felipe Thorndike

Vicepresidente

APPENDIX II

PROPOSALS PRESENTED BY THE OAS MISSION IN PERU

The Organization of American States (OAS) Mission to Peru is in Lima in follow up to OAS Resolution 1753, unanimously adopted on June 5 by all 34 Foreign Ministers and other Heads of Delegation of OAS member states during their 30th General Assembly in Windsor, Canada and also in response to an invitation from the Peruvian Government.

 

The Mission will explore, with the Government of Peru, other sectors of the politicalcommunity and civil society, options and recommendations aimed at further strengthening democracy in that country, in particular measures to reform the electoral process, ensure the independence of the judiciary and the constitutional tribunal, as well as strengthening freedom of the press - areas identified by the OAS Electoral Observation Mission.

 

During the two-day visit, the Mission will seek the political commitment of all parties to ensure that differences are resolved using only peaceful means, in view of the continuing polarization within the country.

 

It is imperative that the expression of this commitment be accompanied by a clear timetable for the implementation of reforms so that concrete, measurable results can be achieved.

 

The Mission will report to Foreign Ministers following its return and periodically thereafter as required. The Mission will end when its recommendations have been implemented.

 

This process, which will be accompanied by the OAS, will require the agreement of the Opposition and the participation of the Ombudsman. Should this vast reform process be put in place, the country will be better prepared to advance a national dialogue which will allow for reconciliation and thus pave the way to a national consultation to ratify the agreements.

 

The Mission, on the basis of wide consultations with political actors and civil society, puts forward the following proposals as themes for discussion:

 

 

COMPONENTS OF THE PROCESS

 

1. REFORM OF THE ADMINISTRATION OF JUSTICE, STRENGTHENING THE RULE OF LAW AND ENSURING THE SEPARATION OF POWERS

1. Independence of the Judiciary

• Ensuring the independence of the Judiciary.

• Dissolution of the Executive Commissions intended to reform the Judiciary according to Law 27009 and the restoration of the original Statutes of the Judiciary and the Public Ministry.

• Solving the problem of provisional judges. Restoring the full independence of the Consejo Nacional de la Magistratura and giving it full independence to select judges and prosecutors.

• Reform of the system of military justice.

• Ensuring constitutionality of legislation B options:

• Re-establishing the Constitutional Tribunal, through the re-installation of the three judges that had been dismissed by Congress.

• Selecting new judges for the Constitutional Tribunal on the basis of a consensus by all parties in Congress.

1. Balancing the Protection of Human Rights and Security

• Establishment of an independent national human rights commission to oversee the respect of human rights and to complement the role of the Ombudsman.

• Studying the possibility for returning to the jurisdiction of the Inter-American Court of Human Rights.

• Inviting a visit in loco of the Inter-American Commission on Human Rights.

• Establishment of a national human rights plan with the advice of the Inter-American Institute of Human Rights.

MECHANISM: Through Members of Congress from the Government and the Opposition with advice from the Inter-American Juridical Committee.

 

1. FREEDOM OF EXPRESSION AND THE MEDIA

Solution to the ownership and control problem of the two television stations to the satisfaction of all parties. Satisfactory solution to the case of Baruch Ivcher.

• Guaranteeing the independence of the media, particularly the electronic media, and allowing unrestricted access to the media.

• Guaranteeing access to the media by all political parties.

• "Access to Information" legislation.

• The management of state publicity in conformity with the Ley de Contratacion y Adquisiciones del Estado.

MECHANISM: With the advice of representatives of the Press.

 

1. ELECTORAL REFORM

• Restructuring the electoral system in a way that the functions of the Jurado Nacional de Elecciones and the other electoral institutions (ONPE, Registro Nacional de Identificacion y Estado Civil) would be subsumed into a single electoral entity.

• Ensuring the capacity of the new electoral entity to investigate electoral irregularities, prosecute, and apply sanctions.

Decisions of the new electoral entity should be taken with a reasonable majority vote in order that the new entity would make decisions in relation to objections, sanctions and appeals.

Members of the new electoral entity should be named in such a way that they enjoy the confidence of all political actors.

Establishment of multiple electoral districts.

• Ensuring free access by all political actors to media, especially electronic media.

MECHANISM: In agreement with the Comision de Democratisacion and the Opposition, and with the participation of concerned civil society groups.

 

1. SUPERVISION AND BALANCE OF POWERS

• Strengthening the supervision functions of the Congress of the Republic over the actions of the Administration.

• Enlarging the scope of Congress to supervise the Comptroller General of the Republic.

• Establishment of a program to fight corruption.

MECHANISM: Through Members of Congress representing both the Government and the Opposition.

 

1. OTHER ASPECTS RELATED TO THE STRENGTHENING OF DEMOCRACY

• Establishment of adequate and transparent mechanisms to ensure appropriate civilian control of the activities of the intelligence services and the armed forces.

• Reform of the Statutes of the Congress in order to establish a commission dedicated to the oversight of the intelligence services. Members of this commission would be subject to special regulations to maintain the appropriate level of secrecy.

• Improving the law regulating the intelligence services to end their participation in activities not related to national security.

• Examining measures to initiate a process of reform of the armed forces to ensure that promotions, retirements and postings are conducted according to established, transparent, professional criteria.

• Expanding the participation of civilian authorities in the Consejo de Defensa Nacional.