Tulsa 10 January 2011 DPC2011-0107-Chan Chan
Mrs. Irina Bokova
Request: Removal of Chan Chan from the World Patrimony List
Since 1994, I asked the UNESCO to investigate and take action with regards to HUMAN RIGHTS violation by the Peruvian Government around the archaeological zone of Chan Chan in TRUJILLO – PERU.
Unfortunately your organization and the Peruvian government are interested in taking away private properties and relocate people away from Chan Chan, in order to maintain Chan Chan as a World Patrimony ; everybody knows that this is not going to happen easily, we will put up a fight; therefore why don't you halt any cooperation with this Government until they recognize the private property and leave us alone, or remove Chan Chan from the World Patrimony List.
As we mentioned before in 2005, the Peruvian authorities with the cooperation of the UNESCO office in Lima boasted that they had the power, Patricia Uribe (ex- UNESCO representative) was side by side with Domingo Palermo (ex-Minister of Education) blessing the destructions of our properties. Mr. FUJIMORI (ex-president) gave orders to destroy and remove human populations from around the ruins to prevent removal of Chan Chan from the World Patrimony List by the UNESCO.
On May 12 1997, we had a meeting with MR. VON DROSTE and he promised to investigate (see copies of faxes). UNESCO's letter (from Mr.. Francesco Francioni, dated 23 Jan 1998) says, "This is an internal Peruvian political problem, not ours". Six people died of heart attacks due to the distressing situation, families will never be the same, children will have these traumatic memories of watching their homes being destroyed, having no place to live, and wondering where they will live next.
The UNESCO inscribed CHAN CHAN in the WORLD PATRIMONY List using a false description of 1,440 hectares, the Truth is that the ruins are no more than 300 hectares, that is why there is a Commission to evaluate the legality of Chan Chan.
The World Heritage Committee was fully informed about the situation of the farmers. All necessary paperwork was left to proof beyond a reasonable doubt about our rights. Mr. Zouain promised to investigate, but when Mr. Van Hoof went to Trujillo, he didn't want to comment on the situation of the farmers.
Therefore, in my opinion the UNESCO should correct this error by removing Chan Chan from the World Patrimony List as punishment for violations of Human Rights or until all personal properties are recognized and Chan Chan is re-evaluated.
Visit our WebPages and verify the atrocities and lies behind the scenes, with one mouth the UNESCO says "That is an internal Peruvian problem" and with another one, your are instructing the Peruvian government what to do in order to maintain Chan Chan in the World Patrimony List.
DIVINE PROVIDENCE CORPORATION - President
TULSA, OKLAHOMA - UNITED STATES
Calle Escocia 11 entresuelo 3 08016 Barcelona –España Teléfono 34934083661
11 April 2005
Mr. KOÏCHIRO MATSUURA UNESCO Director-General / Mr. FRANCESCO BANDARIN Director- World Heritage Centre
7, Place de Fontenoy 75352 PARIS 07 SP, France Phone: +33 (0)1 45 68 10 00
With all due respect, I once again bring to your attention the Violations of Human Rights by the Peruvian authorities against the people who live and farm around the ruins of Chan Chan. The Peruvian government uses the UNESCO’S threats of removing Chan Chan from the List of the World Patrimony if they DO NOT remove the farmers from Chan Chan. In the following lines, I explain the facts / atrocities and request immediate action and resolution in these matters.
HISTORICAL RECORDS OF THE AGRICULTURAL LANDS IN CHAN CHAN
The Trujillo's Public Land Registration Records (La Libertad) keeps in its archives a notary instrument of debt and obligation granted by José Patricio Ortega in favor of Nemesio Orbegoso dated April 13 of 1870 in Folio 133 Registration Number 98. Since that date, our agricultural properties have been registered in the Public Land Registration Records of the city of Trujillo, La Libertad - Peru.
These properties, (a.k.a. Fundo la Esperanza) were sold in public auction to Dr. Luis Sánchez Ferrer on January 23 1909; years later, they were bought by Mr. Leopoldo Cerna Rosado as described in Volume 74 Folio 61 Registration Number XXII of the Public Land Registration Records for the year 1936 in La Libertad.
The first Law that protects the National Patrimony was No. 6634 of the year 1929; this Law was promulgated after these properties had owners.
The Supreme Resolution No. 025, of the year 1952 approved 471 hectares for Chan Chan; this plan invaded 100 hectares of Mr. Leopoldo Cerna properties; Mr. Cerna interposed a Retaining Injunction on these lands, and in October 25 of 1955; the Supreme Court Justice of Peru sanctions the Peruvian government by ordering it to pay for damages, abstain from these properties and installs bordering landmarks; by doing so, reduces the archaeological area to approximately 300 hectares.
In 1967, the Ministry Education by means of the Supreme Resolution Nº 518 increases the extension of Chan Chan from 300 to 1,470 hectares; invading agricultural lands and private estates of native families. “Trujillo's owners” (big real estate developers) registered this Resolution in Public Registrations as if it was a property title; therefore extending the area of Chan Chan affecting hundred of farmers and their families.
In 1968, the Agriculture Reform Law (Peruvian Reforma Agraria) seizes the Fundo Santa Maria (Fundo La Esperanza) and the agricultural lands pass rightfully at the hands of the current farmers.
In 1986, (using ICOMOS recommendation) the UNESCO registers Chan Chan in the World Patrimony List with an extension of 1,470 hectares; if the slides used for the registration showed the presence of agricultural lands, why didn't they request reports about the legality of the farmers?
VIOLATIONS OF HUMAN AND THE PRIVATE PROPERTY RIGHTS
On May 12 1997, in a long conversation at the offices of UNESCO in the Paris - France. I denounced these abuses to the Director of the World Heritage Centre Mr. Bernd Von Droste . In my exhibition, I let him know the serious violations of Human, Traditional and Private Property Rights in the city of Trujillo. The UNESCO’s Representative Patricia Uribe with Ana Maria Hoyle Montalva of the National Institute of Culture and other authorities were involved. I left documentation that again I enclosed today.
Many injustices and violations were committed; evictions were consummated (i.e. El Tambo), they destroyed peasant’s homes, living them without their sustenance for life; agricultural fields and plantations were destroyed; that which caused an economic, moral and quite considerable psychological damage to the peasants.
Several farmers lost their lives while watching their fruit of their labor and homes being demolished. Their names never appeared in the press, but here, I make them known to you so you can investigate. Mr. Adán Angulo, Antonio Reyes, Ceferino Moreno, Rosendo Charcape, Maria Lázaro. These people died of heart attacks from stress and pneumonias from living under the trees after being left homeless. They were over 75 years old. Others suffered clots or cerebral hemorrhages, they were left hemiplegics or with sequels like Felix Rodriguez who later died. Nativity Guevara who then was able to recover and today is our President. Last but not the least was Santos Alexander Dionicio who, on August 20th of 1998, was beaten and locked inside his house for 5 hours during the illegal blockade because he resisted. He stated that both he and his mother Leonarda Reyes who was 74 yrs old at the time were trampled by the police horses, hit and then kicked in their backs by the police. Mrs. Leonarda Reyes fainted from the abuses and stress of the situation. She was later taken to the hospital for evaluation.
These corrupt authorities planted false evidences in his home accusing Santos Alexander Dionicio of being a terrorist and agitator; they prevent the national and international media from covering these atrocities. He was imprisoned, and suffered persecution and death threats by telephone in order to claim his agricultural lands. He left the country as political refugee to preserve his life and of his family. Today, he has a tumor in one armpit as a result of the police barbarism. The Peruvian Army had never before participated this way, however, they abandoned its function and they supported the violence of the national police.
Why the UNESCO allows these abuses? Even their representative Patricia Uribe supported it with her presence during these atrocities.
UNESCO / ICOMOS
In the words of Mr. Bernd Von Droste, previous Director of the World Heritage Centre it was ICOMOS who recommended the inscription of Chan Chan in the List of the World Patrimony; then, ICOMOS blames the UNESCO, whereas ICOMOS only recommended, that is to say, speaking in flat language, both organisms accused themselves mutually in order not to assume their errors.
The UNESCO informed us of something very serious; they never visited Chan Chan before its inscription in the List of the World Patrimony, Peruvian representatives did not disclose to ICOMOS the farmers’ property rights of these agricultural.
Why would UNESCO and ICOMOS allow these errors to happen? In other places there are similar cases to ours and because of these derivative problems like rushing recommendations to inscribe archaeological areas; the FAO has implemented the SIPAMI project in order to put remedies to these abuses. We believe that, Chan Chan presents the appropriate characteristics to enter in this program for its peculiar traditional system of irrigation that comes from the Chimús. Is it possible that UNESCO and ICOMOS work together to incorporate Chan Chan in this program?
On January 23 1998, amid the violations to the Human Rights, the president of the World Heritage wrote a letter saying that Chan Chan was entered with the area described in the Supreme Resolution 518 of 1967; they don’t care what was before this Supreme Resolution 518? They also say that they cannot reduce the area, neither remove it from the World Patrimony List because it has not lost its excellent characteristics that allowed it to be inscribed as such. Where are your principles of looking after the Human Rights as part of the United Nations?
The UNESCO clarifies that “True Human Patrimony constitutes man and his activities and not alone the ruins or archaeological monuments”, then: Why is it that ICOMOS and UNESCO are continually forcing the Peruvian government to violate the Peruvian peasants Human Rights? The representative in Peru, Patricia Uribe declared to the press that “they must evict the peasants for the ruins to continue in the honorable List of the World Patrimony”. Therefore, these intergovernmental organizations bless these violations suffered by the farmers.
ICOMOS-Perú interfered in sovereign problems by editing and advising Bills to be sent to the Peruvian Congress for its approval, that is an intrusion in internal matters of a country, therefore; if that was possible, they can also amend its errors in the case of Chan Chan.
SANTA MARÍA CALDERÓN (ex) MEMBER of CONGRESS and the unconstitutional Law 28261
Several years after this matter took me to Paris; the problems continue without resolution, Luis Santa María Calderón, ex- congressman, who seeks to become the savior of Chan Chan, has been denounced as a land trafficker and that at this moment he is being investigated by the Peruvian Congress. The facts speak for themselves, while he was president of CORLIB, Mayor of Trujillo and today as congressman, allowed companies close to his person and political party, to urbanized our archaeological areas as the Esmeralda, Dragón, Toledo and The Conchas, etc being himself directly responsible for act or default.
This Law wants to send the farmers to inhospitable places where there is no electricity, schools, hospitals, highways, etc; he used the Chavimochic Report to advance his Bill 2370 through Congress for approval. According to Chavimochic Proyect these areas are not fit for agriculture and at the present time are deserted, there is no water infrastructure and the State would have to invest 12 million dollars to perforate tunnels in order to make water available, also the report advises that each peasant should invest 5,000 dollars per hectare to make those lands fertile, something that is out of the reach for the poor.
THE PERUVIAN GOVERNMENT
Since the Peruvian State invaded our lands in 1967, Trujillo's authorities with support of the partial & corrupt press; have constantly abused the farmers, they didn't scant efforts in insulting us by calling us invaders. Many politicians benefited by the rural vote, deceiving them to obtain electoral favors. They always lied to the farmers, most of them illiterate, with promises that they will solve this problem if they get elected.
Up to today, only one Chimú Palace (less than 16 hectares) can be visited in the Tschudy Citadel. The abandonment is permanent, while the National Institute of Culture is devoted to remove the farmers in complicity with certain political elements of Trujillo, forgets its main obligation that are the ruins where criminals robe, violate and murder the tourists .
Forty (40) years ago, the ruins were better preserved; today to speak of them, make us blush in shame, the landfills, the digging and delinquency acts happens daily.
The Peruvian government formed two (4) high-level Commissions, but none have solved the conflicts; their recommendations established compensations according to law, housings and expropriations according to law; but the authorities of the Regional Institute of Culture (IRC) never wanted to recognize our rights.
Another key point is the lack of money for compensations; it harms the fiscal arks and will transform these lands into an enormous desert, so that the ambitious persons urbanize Chan Chan. In our country the government knows that we need schools, hospitals and an increase in wages to fight the undernourishment, it would turn out to be counter-productive to be eradicated because of a congressman’s wish.
The Ministry of Education by means of the MINISTERIAL RESOLUTION 0153-2005-ED again has authorized the executioners to take civil and penal actions against the farmers, it is clear that they do not recognize our Rights. They say that it is to conserve the ruins, but nobody believes them, the powerful house builders with influences in the judiciary, political and journalistic, look forward again to make violations with the UNESCO blessing. It is time that ICOMOS and UNESCO do something about it.
THE REGIONAL GOVERNMENT
The journalistic clippings, demonstrates the Regional President Dr. Homero Burgos who at one time echoed our problems, but today we feel he cheated us since his promises for legal help to solve this eternal via crucis, to provide plans for irrigation and to re-register our properties have not been fulfilled. Another mockery is that we are already accustomed to the political class and especially for the Aprista party that has governed La Libertad for many years.
INCREASE OF THE PHREATIC LAYER IN CHAN CHAN
The farmers are not responsible for the increase of the phreatic layer or the destruction of Chan Chan; we have cultivated for centuries following the tradition of our ancestors and the ruins were never in danger. Today the Chavimochic Project has radically changed our ecosystem, increases the underground level of water and therefore increases the phreatic layer.
Trujillo’s water supply used to be from underground, but today is bought from Chavimochic; the government buried 46 tubular wells and destroyed 200 handmade wells (Newspaper El Comercio) that regulated the phreatic layer. Technically and economically is impossible to reconstruct Chan Chan. The ruins are collapsing slowly, also the phenomenon hydro climatic well-known as El NIÑO that every so often appears in our coasts along with the winds and rains are enemies of Chan Chan.
SOCIAL ECONOMIC & ENVIRONMENTAL IMPACT
The Agriculture eradication from the bordering area to of Chan Chan, will result in a serious economic and social impact to the population. The products that are farmed are: corn in its different varieties, vegetables, pumpkins, melons, tomatoes, pineapples, yuccas, peppers, peas, lentils, yams, maracuya, bananas, pickles, cucumbers, caiguas, lettuces, etc and besides agricultural products like meat, milk and eggs. It is Trujillo's pantry, the only one that is not yet urbanized.
According to up-to-date statistics of November 2004 (Divine Providence Corp.) there are (2) harvesting campaigns per year, and in some cases (3) for vegetables. These goods that supply Trujillo, Chiclayo, Piura and Tumbes markets exceed 50,000 tons annually; unmistakably, the best watermelons & pumpkins come from Trujillo.
To stop producing these agricultural products would mean a high cost to the Peruvian families who will be unable to get their fresh allowances of bread, the increase in prices will affect the children and the population in general. The malnutrition that affects millions of Peruvians will increase even more, therefore is important to stop these abuses. Chavimochic produces for export and it doesn't supply the local market.
Also, according to current statistics, it generates a source of employments for (6) thousand people (between direct manpower and by implication) for populations like La Esperanza, Manuel Arévalo, El Trópico, Ramón Castilla, The Farm, and Villa del Mar benefited people that work in the sowing, cultivation and harvesting campaigns. With the UNESCO’s support these unemployment will cause an increase the delinquency rate.
Also, The ECOSYSTEM would BE AFFECTED CONSIDERABLY BECAUSE THE AGRICULTURAL AREAS would BECOME a DESERT. Today the ruins are surrounded by greeneries that illuminate the view for the foreign and national tourist; it would be a crime to urbanize and TRUJILLO WILL BE DEPRIVED OF THE ONLY GREEN LUNG that is left. The environmental organizations should also intervene to assure that this doesn't happen. The peasants have always acted as true guardians of the ruins and their farms make Chan Chan a unique landscape; the old Chimús knew it and they established agricultural fields in their surroundings (see historical foundations and techniques of the cultivation lands in Chan Chan)
FOR ALL MENTIONED ABOVE, WE REQUEST TO EACH LOCAL AND NATIONAL GOVERNMENT; INTER-GOVERNMENT AND HUMAN RIGHTS ORGANIZATION, THE FOLLOWING:
A) A Review of the intangible area of Chan Chan in Trujillo - Peru by the Peruvian Government, UNESCO and ICOMOS. The ruins current State is deplorable as show the images that I have attached.
B) Ocular visit of ICOMOS to define and verify in situ the serious social/economic problem generated by their recommendation for inscription of the aforementioned ruins in the List of the World Patrimony. The visit should be made jointly with the farmers and authorities to avoid ICOMOS and UNESCO being surprised again.
C) UNESCO and ICOMOS must demonstrate that we are invaders, knowing that the archaeological scientific studies demonstrate that there was always agriculture in the bordering area to the ruins; what reasons warrant our eviction if our presence conserves the ecological agriculture landscape for centuries?
D) Restructure of the Regional Institute of Culture as they have always obeyed the powerful ones that are looking after our properties to transform them into housing developments like other archaeological areas that have been urbanized with permission of the IRC, examples (Huaca Las Conchas, Quebrada Santo Domingo, etc.
E) Organize a roster for accurate control of properties; accept the titles of Reforma Agraria; in no other country a property like Chan Chan can have 3 owners. On February 03 of this year, Dr. Lucio Sánchez Ferrer (from whose father La Esperanza was bought) also claims part of Chan Chan.
F) A cleanup of the lagoons (puddles) built ancestrally so that the slopes of waters don't arrive to the ruins. This cleaning should be made by the users of the District of Water Moche, the IRC, the Regional Government and the UNESCO.
G) Regional government must leave the demagogy and support the ancestral rights of the farmers; his office has all the legal documents on the agricultural lands and its true owners, the farmers want justice.
H) Human Rights Organizations should investigate these violations that the farmers and their families suffer in the hands of the Peruvian government. According to them, the UNESCO has ordered the removal of the farmers before they can help implement their Master Plan for Chan Chan. If this is not true, we request the UNESCO to introduce a complaint to the Peruvian Government so that our Rights are acknowledged.
I) Form a new High Level Commission, where besides the ministries of Education and Agriculture; the opinions and expertise of the UNESCO and ICOMOS should be taken in consideration. This Commission will have to establish the demarcations for Chan Chan, as well as, establish the mechanisms for conservation, safety and cleanliness. We believe that the UNESCO must have an important roll since it is an archaeological site, where Human Traditional and Properties Rights must be respected
Today, more than ever we are determined to fight until the end, we need to find solution to these problems, our lawyers will study the possibility of an international accusation to demand compensations for our economic losses besides psychological, morals, and priceless human lives . We cannot wait half a century living and suffering under these conditions and violations.
Our children will not be abandoned, for that reason we request that the UNESCO and ICOMOS assume their responsibility and help us protect our Rights in Peru. after all, “All Human Rights are above any Archaeological Site” Bernd Von Droste Director of the World Heritage Centre, Paris 1997.
In closing, we are in complete disagreement with the webpage of ICOMOS - Peru with reference to Chan Chan. Our situation remains completely clarified, not discarding to act in accordance with Law .
EMILIO DIONICIO REYES
Representative of the farmers adjacent to the ruins of Chan Chan
I attach the following documents:
Year 1870 Public Notaries Instruments
Year 1909 Testimony of Sale and Purchase in favor of Don Luis Sánchez Ferrer
Year 1929 National Patrimony Law 6634
Year 1936 Title of Property in favor of Don Leopoldo Rosado
Supreme Resolution 025 of the year 1952 Delimitation of Chan Chan
Year 1955 Retaining Injunction Sentence- Peruvian Supreme Court 1955 against the State
Supreme Resolution 518 of the year 1967
Year 1969 Agriculture Reform Law
Supreme Resolution 263-A - Expropriation of Santa María per Agriculture Reform Law
Protest Parade (Journalistic Clip) against Congressman Luis Santa María
Chavimochic Project Summary
Unconstitutional Law 28261 for Chan Chan
Year 1985 Chan Chan’s Illegal Title Property
Ministerial Resolution 0157-2005-ED dated 18 March of 2005
Scientific Report on agriculture in Chan Chan
Recent photographs of the abandonment of Chan Chan
More info@: http://www.divinaprovidencia.org
Contact information in Trujillo:
Ing. Francisco Bocanegra Castañeda Telephone 44-464019
Sr. Pedro Orellana – JUDR Moche Presidente Telephone 44-221721
Contact information in Lima:
Ing. Enrique Málaga JNUDRP President Telephone 51-4273391
Dr. Ciro Oblitas JNUDRP Legal Advisor Telephone 51-1-975-54773
UNESCO - Paris
PCM of Peru
Peruvian Ministry of Education
Trujillo Regional Government
Human Rights Organizations
Peruvian National Press
Peruvian Ministry of Agriculture
Peruvians without Frontiers
Peruvian Aprista Party
Divine Providence Corporation
EL PRESIDENTE DEL PATRIMONIO MUNDIAL 1997
ESPECIALISTA PARA AMERICA
EL DIRECTOR ADJUNTO DEL CENTRO DEL PATRIMONIO MUNDIAL