The Government's response
"The installation of the ALBA offices has not been authorized by the Ministry of Foreign Affairs and, therefore, is unacceptable and plagued with illegality," said Prime Minister Jorge del Castillo adding that the Peruvian government "is assessing this issue to make the relevant moves." Meanwhile, in an interview with the newspaper "El Comercio", Hernán Fuentes, regional president of Puno, said that ALBA is spreading to 13 provinces in the department of his jurisdiction. [7]
Genaro Matute, Peru's General Controller declared that all regional governments must report all donations received by ALBA offices in their respective regions. They must give detailed information to the APCI and the Controller's office. In addition Mr. Matute stated that the regional governments must provide information on the exact amount of donations received and how are these funds being managed. If they don't comply, they would be acting against the law and would be denounced by the Public Ministry. The General Controller went on to say that according to the law, all foreign contributions must be monitored by the Ministry of Foreign Relations and not by a regional government. [8]
On Monday 23 July, the Executive passed a law that prohibits any regional president, mayor, congressman or any other civil employee to participate in manifestations or strikes under penalty of jail. They will also be dismissed from their jobs for a period of time . The referred legislative decree, of a total of 11 which they were published in the official newspaper "El Peruano," was elaborated within the framework of the faculties granted to the Executive by the Parliament in the matter of citizen security, drug trafficking and terrorism. Although many agree with this initiative, others are labeling it as undemocratic. In fact, some analysts believe that this law was approved in a state of emergency and could jeopardize Alan García's democratic commitment, hurting his political party in the nest presidential elections while benefiting Ollanta Humala, which could be catastrophic. [9]
In addition, Puno's National Council has decided to investigate and denounce Hernán Fuentes to the authorities for establishing an ALBA office in Puno and for his close ties with Hugo Chavez. The presence of this agency has been questioned by many, including Regional President of Lambayeque, Yehude Simon who stated that he would "never" allow such an office to be placed in the region without having first sought the approval of the Ministry of Foreign Affairs or the Regional Government itself. Simon said that Fuentes has made a mistake in placing another country's office on Peruvian soil without having first requested the Chancellery's permission.
Furthermore, the Vice President of Puno's Regional Government, Mauro Justo Vilca has stated that Fuentes should reconsider his position on the issue or he could face being removed from his post. Vilca considers that Fuentes' behavior has negatively affected Puno's regional government and paralyzed work in the area. Vilca added that Fuentes did not let any of his 13 advisors know of his plans. "This was a personal issue for Fuentes, he didn't let anyone know. I'm going to speak to the other advisors and hold a meeting so we can make a decision about the problems that are affecting the region," stated Vilca. [10]
Humala's reaction
Former Peruvian presidential candidate Ollanta Humala rejected claims that Venezuelan President Hugo Chávez is meddling in Peruvian domestic affairs, and rather advocated an office of the Bolivarian Alternative for the Americas (ALBA) in Puno, over the border with Bolivia. "ALBA should not be rejected, and I do believe the Peruvian government should ponder joining this space of international cooperation," Humala said. According to Humala, the ALBA is good economic choice, as Peru is engaged with the United States in a Free Trade Agreement. "Having spaces to make people in our country know the ALBA would be positive," said Humala, personal friend of Hugo Chavez and allegedly behind the protests that nearly paralyzed Peru few weeks ago. [11]
Problem with ALBA offices in Peru
The APCI visited the ALBA offices in Puno to collect information on its activities and stated that it did not meet with the registration requirements stated by law. Even more, the "House of ALBA" has not even initiated the necessary proceedings as an international cooperation entity, a necessary prerequisite to send patients to hospitals abroad. The APCI declared that indeed an organization with the name of "House of ALBA" was registered in Puno on March 28, 2007, as non-profit civil association which is dedicated to send patients with eye problems to be treated in "Bolivarian hospitals". However, the APCI states that the House of ALBA has not registered any non-reimbursable international cooperation project in the Budget Planning and Territorial Organization of Puno's Regional Government, entity that should have approved the project to be able to be registered in the APCI. [12]
Conclusions
It is crucially important that the Peruvian government dispose of the legal means to effectively neutralize Chavez's influence in the region. The laws pertaining NGO seem to be a good tool to counterbalance Chavez influence via the presence of the ALBA offices in Peru. Accountability by organizations operating within the Peruvian national territory is vital. If the Government finds that the organization is provoking social unrest, the proper measures should be adopted. The fact that ALBA offices were not authorized seems to be in open violation with Peruvian laws and these laws should be properly applied.
In addition, the Garcia regime should secure an adequate monitoring of regional activities by the national government without undermining regional autonomies. If indeed what Peru's general controller says that all foreign donations to regional governments must be reported to the national government, the question that ensues is to what extend the national government has the legal power to block donations that come from Hugo Chavez aimed at interfering in Peru's internal affairs. If there is such legal power it should be applied. If there is no such legal power, adequate laws aimed at curbing such damaging activities should be legislated following proper process and legislative-executive power cooperation.
It is also critically important that the government does not engage in non-democratic or unconstitutional practices. For example the executive decree that penalizes public employees and public officials to participate in demonstrations could be perceived as an authoritarian measure aimed at silencing civil protest or even the opposition. If such perception exists, this could be used by pro-Chavez groups and dangerous individuals like Humala as a tool of propaganda and mobilization against the constitutional regime of Peru in general and against the Alan Garcia government in particular. Therefore, it is crucial that the Peruvian government refrain from non-democratic practices.
We will continue to explore the legal possibilities of counterbalancing the influence of Hugo Chavez in the next issues of the "America's Report". This is a problem that Perú is now confronting but other countries will no doubt follow suit.
Meanwhile, it is of utmost importance that the U.S. should help its allies in the region against the "Chavista" influence. An interest initiative would be the ratification of the Free Trade Agreements with Panama, Perú, and Colombia. Colombia and Peru are at the brink of falling into Hugo Chavez's hands and it is difficult to understand why the US or the Democrats in this case are postponing the signing of these agreements.
[1] Del Castillo: El chavismo pretende desestabilizar el país. July 5, 2007. Diario Expreso, Perú.
[2] Perú acusó a Chávez de injerencia extranjera. July 6, 2007. Radio LV12, Argentina.
[3] Venezuela ya tiene 6 oficinas de Alba en Lima y en el interior del país. August 1, 2007. Diario La República.
[4] Primer ministro peruano: No hay pruebas de injerencia venezolana, pero existe. July 20, 2007. El Universal, Venezuela.
[5] Presidente regional debe reportar donaciones del ALBA en Puno o será denunciado. July 20, 2007. 24 Horas, Perú.
[6] 24 Horas – Ibid.
[7] Chávez: Oficina del ALBA en Perú es ''simbólica' ' y no representa ninguna "injerencia." July 16, 2007. RPP, Perú.
[8] Región Puno debe reportar donaciones de ALBA ante APCI y Contraloría. July 20, 2007. Diario Correo, Perú.
[9] Presidentes regionales que se sumen a huelgas serán inhabilitados. July 23, 2007. Diario Correo, Perú.
[10] Peru: Regional President could Lose Position after ALBA Decision. July 10, 2007. Living in Perú.
[11] Chávez dice que ALBA en Puno es "simbólica". July 17, 2007. Perú 21, Perú.
[12] Casa de ALBA en Puno obvió requisitos de inscripción. July 31, 2007. 24 Horas, Perú.
Peru's reaction to Venezuelan intervention