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Self-Defense Committees: Why the Criticism After the Strong Approval of Law 31494?

The law, which recognizes CADs and includes them in the security system of citizens, has attracted much criticism since its adoption | Font: Andean

This Monday, June 27th, Protection Commission Congress will meet to evaluate a law that recognizes self-defense committees (KAD), approved at the insistence last June 16 designated state authority.

Member of this working group, Jose Cuetoin dialogue with RPP Newsindicated that in the specified session will be visible “if the norm is changed or made different” and clarified that if changes are made, they will be included in Article 8 of the said law.

“In any case, Article 8, which is the most controversial, because he is the one who gives weapons, allows donations. Even (…) the drug mafia can hand over their weapons and want to use them as a shield,” he said about the law passed in its own parliamentary committee.

But not only Article 8 has caused criticism and concern among the executive branch, politicians and civil society organizations, but also a number of provisions that pose a potential danger to national security.

controversy and criticism

According to the standard, it is intended for “regulate legal circulation” CAD and recognize them as “civil, peaceful and democratic organizations” organized in “peasant and native communities of the country and rural settlements.”

However, according to the former Deputy Minister of the Interior Ricardo Valdes per Republicexists 94 thousand rural settlementsaccording to the 2017 census and a total of 1400 police stationswhy the number of these armed committees would exceed the number of policemen.

“We will manage the opportunity to have 94 thousand Canadian dollars in service, with legal status to receive donations. This is madness. I think the people who made this rule didn’t think about those numbers,” he commented to the aforementioned media outlet.

It is in Article 8 of the law that the CAO can “acquire by purchase or donation from the state or private individuals” weapons for civilian use. Also, Article 15 states that they may receive funding from the private sector.

For this reason, the journalist RPP News, Fernando Carvalloquestioned the nature of those individuals who are interested in funding weapons for CAD.

“However, Which individuals might want to “donate” weapons? Will they be front organizations associated with illegal mining, illegal logging or direct drug trafficking?”, he pointed out.

Similarly, Carvallo questioned whether the state should provide free legal advice members of the CAD “participated in investigations or complaints to the State Department or litigation”, as indicated Article 13 of said rule.

Secondly, representatives Unique National Peasant Tour Center (CUNARC) and National Agrarian Confederation (CNA)pointed out that this law is a threat to social peace, contributing to the militarization of the territories of peasant and native communities. They also doubted that by viewing the CAD as organizations of peasant communities, they were losing sight of their autonomy. because the pre-consultation process was not carried out about.

“According to the Constitution, the peasant patrols, which are democratic and peaceful, have the prerogative to ensure security, justice and social peace in the communities. We ask you to comply with this project,” he said. Antolin Huascar, Chairman of the NAC

Peasant organizations opposed the norm
Peasant organizations opposed the norm | Font: Andean

unconstitutionality

June 22 Minister of Defense Luis Gavidiaannounced that the executive branch was preparing a lawsuit on the unconstitutionality of the said norm.

“We’re going to see this theme unconstitutionality because it is very dangerous, we are still working and we have time to (prepare) an action about unconstitutionality. (Congressmen) They want us to regulate the law and fix it there, but the law must be amended from the moment it is dictated”, he pointed out.

In addition, Gavidia cited the statutory authority for the CAD to carry out “self-defense activities” in areas where a state of emergency is or is not in effect.

“The law (…) allows the formation of committees by the Joint Command (of the Armed Forces), control them and issue weapons to them for the period of the state of emergency. When there is no longer a state of emergency in the area, the Self-Defense Committee is automatically deactivated (…) This law tries to do what there are self-defense committees everywhere, whether there is a state of emergency or notanywhere in Peru,” he said.

On the same day that these statements were made, the head of the parliamentary defense commission, Williams Zapataannounced the consideration of the law within its parliamentary group, which will finally take place this Monday.


Source: RPP

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