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Ocho Sur's response to FPP's rejoinder

...We recognise that this is a complex situation involving multiple perspectives, including those of community members, civil society organisations and public institutions. We approach this matter with respect for that complexity and with a commitment to transparency, evidence and ongoing dialogue.

We regret that FPP continues to reject our repeated invitations to engage in dialogue, through which prejudices could be dispelled and inaccurate information clarified. We are also concerned that the allegations made against us are filled with false information and based on rumours...

With regard to the Constitutional Court judgment (Exp. 03696-2017-PA/TC), it is important to note that the Court declared the amparo claim inadmissible and, consequently, did not uphold the claimant’s request concerning the rights invoked in relation to the disputed lands. It also indicated that the appropriate avenue to examine individually the validity of the titles granted was civil proceedings, and urged the Regional Directorate of Agriculture of Ucayali to continue the process of demarcating the community’s territory. In compliance with this exhortation, the Native Community of Santa Clara de Uchunya received, in May 2022, from the Pucallpa zonal office of SUNARP, the registration of its land title extension covering 1,544 hectares. Finally, in compliance with the Constitutional Court’s ruling, the Peruvian State, in coordination with the Native Community of Santa Clara de Uchunya, completed the final demarcation and installation of boundary markers in the communal territory, which was reported to the Court in April 2024. Supporting documentation is attached (Annex 1)...

Ocho Sur operates within a formal oversight framework that includes: environmental compliance instruments (PAMAs) approved by Peru’s Ministry of Agrarian Development and Irrigation following review and public consultation processes; multiple inspections by national authorities, including the Environmental Enforcement Agency (OEFA), without sustained findings of non-compliance; independent certifications in environmental, social and operational standards (including ISO systems and organic certifications); and ongoing engagement with third parties on traceability and alignment with NDPE (No Deforestation, No Peat, No Exploitation)...

We acknowledge the value of the various sources cited in recent correspondence...

The ruling of the country’s highest judicial authority, adopted unanimously by all its members, is clear and leaves no doubt that legality and the rule of law ultimately prevailed.

The pathways for environmental regularisation (including the use of PAMAs) have been expressly validated by the competent authorities...

We reject the assertion that third parties were able to circumvent such oversight in order to invade communal territory; we are also surprised that the source cited for this claim is a media report which itself relies on an unnamed “source” to accuse the company of complicity with the invaders...

We recognise that Indigenous communities, like any other community, may encompass a diversity of perspectives...

Once again, we consider that the best way to clarify any concerns or questions regarding the Native Community of Santa Clara de Uchunya is to engage directly with the community’s authorities and General Assembly, rather than relying on third-party sources...

(Translated by the BHRC)

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