The UN high commissioner for human rights on Thursday condemned Peruvian legislation that grants amnesty to those who committed human rights violations during the nation’s 1980-2000 armed conflict, urging the government to prioritize justice, adhere to international law standards, and provide legal access to victims of the conflict.
The high commissioner, Volker Türk, referred to the Peruvian amnesty bill as a setback in the pursuit of justice and reconciliation and called for an immediate reversal.
“I am dismayed by the promulgation of this amnesty law. This is an affront to the thousands of victims who deserve truth, justice, reparations, and guarantees of non-recurrence, not impunity,” he said.
Türk also stressed that such legislation was contrary to Peru’s obligations under international law, which prohibits amnesties for cases of serious human rights violations and crimes against humanity.
The Geneva Conventions require signatory nations to investigate and prosecute war crimes committed by their nationals or armed forces. Furthermore, the Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity provides that war crimes and crimes against humanity are not subject to statutes of limitations, which allows prosecution of these crimes regardless of how long ago they were committed.
The Peruvian Congress approved the controversial amnesty bill in June, and President Dina Boluarte signed it into law on August 13. The bill granted amnesty for members of the Armed Forces, the National Police, and self-defense militias over the age of 80 who were prosecuted or convicted for crimes committed during the internal armed conflict.
Approval of the amnesty bill faced criticism from international organizations, many of which considered it a barrier to the reconciliation process. In June, Amnesty International criticized the bill and warned that it undermined victims’ right to justice and truth. Additionally, the UN warned that the law violated international human rights standards and would allow the perpetrators of war crimes to avoid liability.
The committee that drafted the bill argued that the amnesty law was necessary to address the precarious conditions of police and military personnel who have been under lengthy investigations with no final conviction.
The two-decade-long conflict pitted the government of Peru against guerrilla groups Shining Path and Tupac Amaru Revolutionary Movement. During the conflict, Peru experienced serious human rights abuses, thousands of deaths, forced disappearances as well as an internal displacement crisis.