PERU. Statement on the situation at the Universidad Nacional Mayor de San Marcos in Peru. Saturday, January 21, 2023.

The Coalition for Academic Freedom in the Americas (CAFA) condemns the violation of the  physical autonomy of the Universidad Nacional Mayor de San Marcos, located in Lima, by the  Peruvian National Police on Saturday, January 21, 2023.

January 23, 2023 

The Coalition for Academic Freedom in the Americas (CAFA) condemns the violation of the  physical autonomy of the Universidad Nacional Mayor de San Marcos, located in Lima, by the  Peruvian National Police on Saturday, January 21, 2023. 

The Political Constitution of Peru recognizes university autonomy as one of the pillars of  higher education. The destruction of one of the university’s entrance gates by the police and  the subsequent arrest of 205 people, including university students in their dormitories,  represents a disproportionate use of force and violation of university autonomy, and  severely undermines one of the premises on which academic freedom functions: that the  university campus must be a safe place for the open expression of ideas. 

Indeed, the Inter-American Principles on Academic Freedom and University Autonomy,  adopted by the Inter-American Commission on Human Rights in December 2021, recognize  that the university campus is a space free of violence (Principle V), establishing the State’s  duty to prevent all forms of violence. Saturday’s events of forced and violent entry of the  campus and university residences breached this State duty. 

Additionally, Principle VI of the Inter-American Principles establishes the inviolability of the  university space. This means that a campus can only be occupied by third parties in  exceptional situations, who in all cases must respect internationally recognized human  rights. Even the declaration of a state of emergency cannot be used to disregard or breach  academic freedom and university autonomy.  

Furthermore, CAFA is appalled to read reports that female members of the university  community who were arrested and taken to police precincts were strip-searched by male  officers, who were apparently looking for drugs, without any indication that they were in  possession of narcotics. We condemn in the strongest possible terms this and any form of  sexual violence. 

While the university rector requested police support to clear the campus of individuals who  participated in off-campus protests, the university’s council reported that it had never  authorized an operation of such violence and magnitude. Media reports demonstrate that  police used a disproportionate use of force and arrests of civilians without the presence of  district attorneys, an act that breaches Peruvian law. In addition, there are reports and testimonies showing police officers barring the access of lawyers to defend the people  arrested, which represents a breach in the right to access to justice and due process. The  State is obliged to respect the principles of proportionality, reasonableness, legality, and  necessity; this did not occur on January 21. 

The above-mentioned actions go against the provisions of the Inter-American Principles,  which reflect internationally recognized obligations of the Peruvian State and those found in  the Universal Declaration of Human Rights, the International Covenant on Civil and Political  Rights, the International Covenant on Economic, Social and Cultural Rights, the American  Convention on Human Rights and the San Salvador Protocol on Economic, Social and Cultural  Rights. 

CAFA urges the Peruvian authorities to investigate these breaches of university autonomy and to issue a report of their findings; to commit to protecting the autonomy of all higher  education institutions in Peru; and to take affirmative action, within their capabilities, aimed  at the practical application of the Inter-American Principles on Academic Freedom and  University Autonomy. We call for peace and respect for human rights in the difficult situation  that Peru is going through. 

Categories: Advocacy Actions, Peru