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...continued Ensuring Respect for International and Domestic Standards 66. With respect to recommendation Nº 6 of Chapter V, which called for assurance that the institutions and agents of the state respect the international and domestic provisions regarding freedom of expression, the Commission notes with satisfaction the promulgation of several norms that are aimed at facilitating the exercise of the right to access to information in the hands of public agencies, a right recognized in Article 2, Section 5 of the Constitution. These norms include Law Number 27444, passed in April 2001, which requires that public entities establish mechanisms to facilitate the response to petitions for information; Supreme Decree (Decreto Supremo) Number 018-2001-PCM, which sets forth norms that regulate access to information; and Urgent Decree (Decreto de Urgencia) Number 035-2001, which regulates access to information regarding public finance.[14] Although these measures constitute important steps towards full enjoyment of the right to access to information, the Commission views with concern reports that many public entities continue to routinely deny requests for information and that the processes for making such requests are not simple and straightforward.[15] 67. The Commission commends the passage of Law 27534 on October 20, 2001. This law grants amnesty to individuals who were denounced, convicted or tried for having participated in civic protests to call for the return of the rule of law or for having reported on acts of corruption, crimes against public will and violations of human rights, among others.[16] The Commission hopes that this law will restore the rights of those who were unjustly prosecuted or convicted because they expressed disagreement with government policies. 68. The Commission also takes note of the pardons granted to journalists Hermes Rivera Guerrero and Antero Gargurevich Oliva, who had been convicted under the questionable antiterrorist laws.[17] 69. On the other hand, the Commission views with concern several reports of the application of the criminal defamation laws against journalists by public officials in order to silence criticism of their conduct.[18] For example, in June of 2001, retired colonel Ildorfo Cueva Retuerto filed a complaint for criminal libel and defamation against journalists Jesús Alfonso Castiglione, of the magazine Caretas, and Martín Gómez Arquiño and Hugo González Henostroza, of the newspaper Liberación. The complaint arose out of reports by these journalists in their respective media that questioned the appointment of Colonel Cueva to the position of Prefect of the Ancash Region in light of the human rights violations that he had supposedly committed. The journalists were ultimately absolved of the crime on August 17, 2001, but, the Commission is concerned about the possibility that such actions nonetheless intimidate journalists and have a chilling effect on freedom of expression when they are used to protect public figures from criticism regarding matters of public interest. 70. The Commission also views with concern information that journalists in some areas of Peru are still being prosecuted for illegal exercise of the profession of journalism under the Penal Code, even though it has been established by law 26937 of 1998 that membership in a professional organization is not mandatory for journalists.[19] The Commission recalls that the requirement of membership in a professional association for the practice of journalism violates Article 13 of the American Convention.[20] Promotion of Freedom of Expression 71. Regarding recommendation Nº 7 of Chapter V, to carry out activities to promote freedom of expression, the State of Peru has informed the Commission that former interim president Valentin Paniagua endorsed the Declaration of Chapultepec on February 12, 2001.[21] The Declaration is an important document promulgated by the Inter-American Press Association and signed and endorsed by many heads of state in the hemisphere, as well as by journalists, social and political leaders, international organizations and private individuals. This document, which sets forth the conditions necessary for freedom of the press, is a precursor to the Commission's Declaration of Principles on Freedom of Expression. The Office of the Special Rapporteur believes that the endorsement of the Declaration of Chapultepec sends a message to public officials and civil society in Peru about the importance of press freedom in a democratic society. VI. ECONOMIC, SOCIAL, AND CULTURAL RIGHTS 72. In Chapter VI of its Peru Report, the Commission addressed the issue of economic, social, and cultural rights, and made the following recommendations to the Peruvian State:
A. Poverty and Social Inequality 73. As regards Recommendation Nº 1 of Chapter VI, related to the persistent and grave problems of poverty, and with the major inequalities in Peruvian society, the Peruvian State indicated that it is confronting poverty through a social and economic policy based on job creation, promoting private investment, and full respect for fiscal balance. It indicated that to reactivate its economy, it is applying two sets of measures: measures to create productive employment immediately, and measures which, in tandem, foster private investment. 74. Among the programs aimed at creating “productive employment,” the State refers to the program “A Trabajar” (“To Work”, which it notes will generate more than 400,000 temporary jobs in the next two years, in maintenance of the economic and services infrastructure) and a third program that will promote the construction and maintenance of rural roads. 75. As for promoting private investment, the State notes that it will create economic stability by means of prudent and transparent fiscal management; that it will develop a tax and tariffs policy that is coherent and modern, making it possible to reduce cost overruns in business; and that it will set in motion an ambitious program of privatizations and concessions. 76. The State adds that the “Roundtable to Coordinate the Struggle Against Poverty” was created by Supreme Decree 001-2001-PROMUDEH. This roundtable is multisectoral and seeks to foster the effective participation of civil society in the design, administration, and oversight of social policy, and to take the actions required to coordinate efforts between civil society and the public sector. The State also notes that on October 15, 2001, “the Huascarán Project was inaugurated at the José Olaya secondary school in the town of Hucrapuquio, Junín, which sought to address poverty through modern technological education that will connect 2,100,000 students to the Internet by the end of the current administration.... The Huascarán Project will make it possible to train 70,000 teachers and will provide up-to-date information to peasants to program their production. This initiative highlights education as a tool for emerging from poverty. The project continues to operate in various sites nationwide.” B. Labor Rights and Minimum Wage 77. As regards the second and third recommendations of Chapter VI of the Peru Report, on labor rights and minimum wage, the State reported, in connection with the state employment policy, that it has designed the Urban Productive Social Emergency Program “A Trabajar.” It added that through the Microenterprise Self-Employment Program (PRODAME), 845 micro and small enterprises were constituted; that through the a job-creation network, 7,241 people were employed, and that the Programa Femenino PROFECE–Lima generated 762 jobs. 78. As regards the minimum wage, the State indicated that as an emergency measure, it established an initial increase of 50 soles for the salaries of workers in the main public-sector activities, which also includes the pensioners under the regime of Law Nº 19,990 for the administrative workers of the State. It added that said increase, for the first time in many years, shall be computed as part of the basic salary, and is equal to a 9% increase. C. Pensions 79. The State has not provided specific information on compliance with recommendation Nº 4 of Chapter VI, which refers to the measures to guarantee respect for acquired rights in connection with pensions, and to ensure that the amount of the pensions is sufficient to cover at least the cost of the basic family market basket. D. Right to health care 80. As regards the fifth recommendation of Chapter VI, which refers to preventing changes in the health systems from resulting in a detrimental impact on the right of all Peruvians to health care, the State indicated that it has implemented Free Comprehensive Health Insurance, which will benefit newborns, pregnant mothers, and youths up to age 17. The State added that insurance will also cover adult emergencies. It added that “by Law Nº 27,656, published January 29, 2002, the Intangible Solidarity Health Fund has been created for the purpose of facilitating access to quality health services for the population that has been excluded from such access.” VII. WOMEN’S RIGHTS 81. In Chapter VII of its Peru Report, the Commission, mindful of the analysis presented and the specific problems considered, made the following recommendations to the Peruvian State related to women’s rights:
82. In the following paragraphs, the Commission will analyze compliance with each of the recommendations. A. Amending provisions of the Civil Code 83. As regards the first recommendation of Chapter VII, related to the amendment of Articles 20, 293, 416, 724, and 822 of the Civil Code and all other provisions or practices that entail discrimination against married or unmarried women, the State reported that by Law Nº 27,048 of December 28, 1998, Articles 403 and 416 of the Civil Code were repealed. The State has not provided any information regarding the other provisions whose repeal was recommended. B. Equality in the workplace 84. With respects to the second recommendation in Chapter VII of the Peru Report, which refers to guaranteeing the principle of equal pay for equal work as between men and women, and expanding once again the right to equal opportunities, including access to work, the State noted that in order to reduce the differences between the rights recognized to men and to women, it adopted the National Plan for Opportunities, through Supreme Decree 001-2000-PROMUDEH. 85. It added that said Plan constitutes the commitment to assume, as a matter of national interest, the struggle against all types of discrimination against women, considering actions in the various sectors to mobilize efforts and resources so as to overcome the limitations and obstacles that impede women’s full participation on an equal footing with men. The plan sets forth as main themes health, education, employment, family violence, social and political participation, and communication. C. Protection for maternity in the workplace 86. As regards the third recommendation of Chapter VII, as regards regulating protection for maternity in the labor area, giving women the same rights they had prior to the repeal of Law Nº 2851, the State indicated that on January 20, 2001, Law Nº 27,402 was published in the official gazette El Peruano; it spells out the right to pre-natal and post-partum rest for women workers who become pregnant. 87. It added that based on this statute, in those cases in which childbirth occurs prior to the probable date of birth set to determine the beginning of the pre-natal rest period, the number of days by which the child was early will be added to the post-partum rest. And if childbirth occurs after the likely date of birth, the days of delay will be considered medical rest due to temporary disability and will be paid as such. It also indicated that in keeping with Law Nº 27,403, the daily hour for breast-feeding is considered as actually worked, for all legal purposes; employers are to be indemnified for the respective amount. 88. The State also indicated that on January 25, 2001, Law Nº 27,409 was published in the official gazette El Peruano, which grants employment leave for adoption. This law recognizes that workers who adopt have paid leave for 30 calendar days counted from the day after the administrative resolution on family placement is adopted and signed, and the respective act of delivery of the child under 12 years of age is signed. D. Sexual and domestic violence 89. With respect to recommendation Nº 4 of Chapter VII, regarding the dissemination of information on the Convention of Belém do Pará, the State indicated that the Convention is being disseminated through different offices, such as the National Council for Human Rights of the Ministry of Justice, which has included it in a recent publication entitled “Basic Documents on Human Rights in the Inter-American System,” which is being distributed among the representatives of public institutions, civil society, and women’s organizations. E. Family Violence 90. As regards recommendation Nº 5 from Chapter VII, on implementation of the Law against Family Violence, Law Nº 26,260, the State indicated that it has been subject to several amendments. It indicated that sexual violence was included as one of various types of violence practiced against women; and that it is up to the Ministry for the Promotion of Women and Human Development (PROMUDEH) to coordinate generally the public policies adopted for this purpose. 91. The State added that by Supreme Decree Nº 017-2001-PROMUDEH, the National Plan Against Violence Against Women, 2002-2007, was adopted. The State also indicated that by Supreme Decree Nº 008-2001-PROMUDEH, published in the official gazette El Peruano on April 26, 2001, the National Program against Family and Sexual Violence was established; it is entrusted with designing and carrying out, at the national level, actions and policies for prevention, services, and support for persons affected by family or sexual violence. 92. The State added that Law Nº 27,398, published January 13, 2001, modified Article 6 of the Law on Settlements, Law Nº 26,872, noting that out-of-court settlements are not allowed in cases of family violence. It also stated that by Law Nº 27,637, published January 16, 2002, the Temporary Shelter Homes are created for minors who are rape victims; they will be administered under PROMUDEH’s National Program Against Family and Sexual Violence. The law provides that a child or adolescent who is the victim of sexual violence shall receive psychological counseling in order to promote his or her recovery and development in society. F. Right to health 93. As regards the sixth recommendation in Chapter VII, which is to adopt measures aimed at ensuring respect for women’s rights in the public health services, the State reported that a National Commission adopted a series of decisions related to reviewing the national laws on sexual violence, held training courses for attorneys to provide services to victims of sexual violence, and drew up legal and public policy proposals to prevent and punish violations of women’s human rights by health services providers. G. Forced Sterilization 94. As regards the seventh recommendation of Chapter VII, the State reported that by Ombudsman’s Resolution Nº 03-DP-2000, of January 28, 2000, the Office of the Human Rights Ombudsman acknowledged the effort by the Ministry of Health to improve family planning services, heeding the recommendations made by the Office of the Human Rights Ombudsman. It reported that those recommendations have been incorporated in the Family Planning Standards, approved by Ministerial Resolution Nº 465-99-SA/DN of September 22, 1999. 95. The State also reported that by Ministerial Resolution Nº 440-98-SA-DM, published in the official gazette El Peruano on November 6, 1998, the “Standards for the qualification of surgeons for Voluntary Surgical Contraception” were adopted. This was done with the aim of improving the quality of care and safety in voluntary surgical contraception involving both women and men. VIII. RIGHTS OF THE CHILD 96. In its Peru Report, the Commission made the following recommendations to the State:
97. The Commission will now analyze compliance with these recommendations by the Peruvian State.
98. As regard the first recommendation of Chapter VIII, on adopting joint and immediate actions to ensure realization of the rights established in the Convention on the Rights of the Child and in other laws on the matter, the State reported that on December 11, 2001, a Multisectoral Consultative Committee was established and entrusted with analyzing and framing a final proposal of amendments to the Code on Children and Adolescents, in order to bring the domestic legislation into line with the new international commitments assumed by Peru, all aimed at bolstering the protection of children and adolescents. 99. The State also reported that through Supreme Decree 078-2001-RE, published October 6, 2001, Peru decided to ratify the two optional protocols to the Convention on the Rights of the Child, one regarding the participation of children in armed conflict, and the other regarding the sale of children, child prostitution, and child pornography. B. Educational campaigns on the rights of the child 100. The State did not provide any information about compliance with the second recommendation of Chapter VIII, on educational campaigns regarding the rights of the child. C. Attainment of the goals of the National Action Plan for Children 101. The State has not provided any information on compliance with the third recommendation of Chapter VIII, on undertaking efforts aimed at attaining the goals of the National Action Plan for Children.
102. As regards the fourth recommendation of Chapter VIII, related to access to and quality of education, the State reported that on November 23, 2001, Law Nº 27,558 was published in the official gazette El Peruano; its purpose is to support the education of rural children and adolescents. This law is aimed at formulating educational policies that answer to the needs of the rural sector in the framework of a comprehensive and quality education for all.
103. The State has not provided any information on compliance with the fifth recommendation of Chapter VIII, on strengthening the systems for collecting, analyzing, and disseminating indicators about the status of children and adolescents. F. Modification of Legislative Decrees 895 and 899 104. As regards the sixth recommendation of Chapter VIII, which refers to the modification of Legislative Decrees 895, on “Aggravated Terrorism,” and 899, on “Pernicious Gang Activity,” the State reported that Article 2 of Law 27,235 reformed Article 3 of Decree Law Nº 895 and reestablished the jurisdiction of ordinary courts to investigate and judge crimes of special terrorism. It also informed that prosecution of civilians on the basis of the crime of aggravated terrorism was eliminated by a 17 of November 2001 Constitutional Court judgment, which declared Decree Law No. 895 and 897 inconstitutional. G. Signature and ratification of ILO Convention 138 on child labor 105. As regards the seventh recommendation of Chapter VIII, related to the signing and ratification of ILO Convention 138, the State indicated that by Legislative Resolution Nº 27,453, published in the official gazette El Peruano on May 23, 2001, the Congress of the Republic approved ILO Convention 138 on minimum working age. It added that on October 28, 2001, Legislative Resolution Nº 27,453 was published, approving ILO Convention 182, which prohibits the worst forms of child labor and immediate action to eliminate them; it was ratified by Supreme Decree 087-2001-RE, published November 20, 2001. 106. In its Peru Report, the Commission made the following recommendations to the Peruvian State related to the prison situation:
107. In the following sections, the Commission analyzes the Peruvian State’s compliance with these recommendations.
108. The State did not make any specific comments regarding the first recommendation of Chapter IX, on general prison policy. 109. The Coordinadora Nacional de Derechos Humanos indicated, for its part, that in the course of 2001, a series of working committees were created to address the prison situation, but that most of them did not attain the objective for which they were created. It cited as an example the Committee on Commutation of Sentences, which was to have been in charge of evaluating, characterizing, and proposing said pardon to the President of the Republic; it did not achieve the anticipated results due to economic and human factors, and the lack of a clear prison policy. B. Improvements to the prison system 110. As regards the second recommendation of Chapter IX, concerning improvements in the conditions of the prison system and the treatment accorded prisoners, the State indicated that provisions have been established on the right to defense, and the regime of visits by prisoners’ family members, friends, and attorneys in the prisons, through Supreme Decree Nº 003-2001-JUS. It added that by Administrative Resolution Nº 024-2001-P-CSJLI/PJ, published in the official gazette El Peruano on January 19, 2001, the Special Committee for Support to the Judiciary for Prisoners, made up of members of the Superior Court of Justice of Lima, was constituted. That Committee will take charge of attending to, addressing, and resolving the exceptional situations raised by inmates, including both persons held in pre-trial detention and convicts, in the prisons of Lima, and any new cases under its jurisdiction and competence. 111. The Coordinadora Nacional de Derechos Humanos mentioned that according to the Statistical Report of the National Penitentiary Institute, as of December 2001 Peru’s prison population came to 26,502 inmates. Of the total prison population, 61.34% were being held in pre-trial detention, and only 38.66% had been convicted. In addition, the capacity of the country’s 82 prisons is 19,990, yet there is overpopulation of 6,512 prisoners, equivalent to 27% of the total. It notes, as an extreme case, the Lurigancho prison, which has 322% overpopulation. It also notes that as regards the infrastructure of those establishments, 27.5% are in good condition, 26.5% are in fair condition, and 38% are in poor condition. They add that although Peru’s prisons should be under the National Penitentiary Institute (INPE), 57% of the prisons are under the National Police, and only 43% are under the INPE. 112. The CNDH also reported that on July 21, 2000, Regulation DS 023-2001-JUS of the Code of Criminal Enforcement was promulgated; it contains provisions on the living conditions of persons deprived of liberty. That regulation was to enter into force in September 2001, nonetheless, its entry into force has been delayed until March 21, 2002. It is alleged that as a result, all the provisions arbitrarily dictated by the INPE regarding prisons are still in force. C. Confinement during trial 113. As for the third recommendation of Chapter IX, concerning the limitation on the deprivation of liberty of the persons on trial, the State did not provide any specific information on compliance with this recommendation. 114. The Coordinadora Nacional de Derechos Humanos noted in this respect that by law 27,553, of November 13, 2001, Article 137 of the Code of Criminal Procedure was amended, lengthening the detention for a person facing criminal charges who has not been convicted, in particular for cases of terrorism, illicit drug trafficking, espionage, and other complex crimes. The Coordinadora Nacional states that this could lend itself to arbitrary acts by the judges, who could find an offense to be complex, and rule that the judicial investigation should be given more time.
115. The State provided no specific information on compliance with the fourth recommendation of Chapter IX, on ensuring adequate conditions of confinement, food, hygiene, work, education, and recreation. 116. The Coordinadora Nacional de Derechos Humanos reported, for its part, that in December 2001 a situation of violence came about at the Miguel Castro Castro prison, in Lima, due to the fact that some inmates, who wanted more space, wanted to occupy an area called “no-man’s land,” and were violently evicted by the prison authorities. In the opinion of the Coordinadora Nacional, situations such as this come to pass because the maximum security prisons were designed without including sufficient physical spaces for work, education, or recreation; accordingly, overcrowding is a constant in prison life. The Coordinadora Nacional also reported that at the maximum-security prison of Chorrillos, the prisoners allege they have suffered physical assaults and acts of torture. They also note that disciplinary measures have been imposed without any prior process, including being transferred in reprisal for raising questions as to the administration of the resources, the work spaces, and the use of the kitchen service. 117. The Coordinadora Nacional de Derechos Humanos also notes that prison policy continues to be deficient, as the prisoners continue to be placed in facilities far from their places of residence, visiting relatives are harassed and mistreated, and the prisoners are frequently transferred from prison to prison without justification. In addition, it adds, the INPE, the state institution entrusted with the prisons, which is under the Ministry of Justice, today has few professionals who participate in the rehabilitation of the prison population. Of the personnel who work in the National Penitentiary Institute, 49% are in charge of security, 30% perform administrative functions, and 20% are work in treatment. 118. With respect to education in the prisons, the Coordinadora points out that while there are Vocational Education Centers, which administer programs for manual labor, the State has implemented very few workshops, which are not fully operational, due to the lack of professionals, the minimum budget allocated to them, and the lack of adequate maintenance of the existing machinery. The Coordinadora notes that one advance is the signing of an agreement to implement basic education programs, such as literacy programs, primary education, and secondary education, by the INPE and the Catholic Church. E. Respect for the rights of the prisoners’ family members 119. The State did not provide any information on the implementation of the fifth recommendation of Chapter IX, regarding respect for the human rights of the prisoners who visit them. F. Necessary resources 120. The State did not provide any information on the implementation of the sixth recommendation of Chapter IX, on endowing the penitentiary system with the resources it needs to develop in keeping with the international laws and standards in force. G. Eliminating solitary confinement 121. As regards the implementation of the seventh recommendation of Chapter IX, on eliminating solitary confinement as a stage of prison treatment, the information provided by the State indicates that the supreme decree that provides for solitary confinement has not been derogated or modified to address this concern. H. Daily food quota for prisoners 122. The State did not provide any information on compliance with the eighth recommendation of Chapter IX, on increasing the daily quota for the prisoners’ food. 123. The Coordinadora Nacional de Derechos Humanos reported that in the year 2001 there was a minimal increase in the daily quota of food for prisoners, from 2.50 soles to 2.70 soles. It added that in the Challapalca prison, due to the subhuman conditions, the food ration is 3.70 soles. I. Right to health 124. The State did not provide any information on compliance with the ninth recommendation of Chapter IX, which refers to improving the services related to the prisoners’ right to health. 125. In the opinion of the Coordinadora Nacional de Derechos Humanos, the social and psychological services for the prisoners do not have enough professionals, as there are only 95 social workers and 109 psychologists at the national level. It adds that the prisons do not have basic medicines for daily services, thus, diseases that would normally require a minimal medical intervention often become serious. 126. The Coordinadora also mentions that the professionals in this area are insufficient in number. There are only 19 dentists and 123 nurses for all the prisons nationwide. It notes that this entails very serious problems, such as the failure to remove prisoners in critical condition, the lack of adequate medical care for infectious diseases, and the lack of specialized medical care. J. Judicial Assistance 127. The State has not provided specific information on compliance with recommendation Nº 10 of Chapter IX, on guaranteeing the right to judicial assistance for all prisoners, as well as other rights. K. Arbitrary detention and torture 128. The State did not provide any information on the eleventh recommendation of Chapter IX, on adopting preventive measures, including educational measures, to try to end arbitrary police detentions and torture at police facilities. 129. The Coordinadora Nacional de Derechos Humanos states that torture continues to be a systematic practice in Peru. It notes that in the last two years, the human rights organizations have learned of torture cases in 19 of the 24 departments of Peru. It makes reference to a survey, carried out by the Coordinadora, that shows that 80% of Peruvians believe torture is practiced in Peru. In addition, a study by COMISEDH in 2001, of approximately 200 prisoners in 10 prisons nationwide, showed that most had been tortured recently (in the six months prior to the survey); that all the women had suffered some kind of sexual abuse; and that the vast majority of the persons surveyed noted that torture was daily and frequent, especially during the investigation and police interrogation. L. Shutting down the Challapalca and Yanamayo prisons 130. The Peruvian State has not complied with the twelfth recommendation of Chapter IX, which was to shut down the Challapalca and Yanamayo prisons. 131. Both prisons continue to be fully operational, and prisoners continue to be transferred to those prisons as a way to aggravate their confinement. The Coordinadora Nacional de Derechos Humanos indicates that in September 2001, for example, when a group of prisoners from the Yanamayo prison was transferred to the Challapalca prison, that transfer was justified to public opinion as a sanction in the face of the alleged resistance of the prisoners to a police inspection. X. THE RIGHTS OF THE INDIGENOUS COMMUNITIES 132. In its Peru Report, the Commission made the following recommendations on the rights of indigenous communities to the Peruvian State.
133. The Commission proceeds to an analysis of compliance by the Peruvian State with the recommendations made in that chapter.
134. As regards compliance with the first recommendation of Chapter X, on the promulgation of a law on indigenous matters, the State indicated that by Supreme Decree Nº 015-2001-PCM, it constituted the Multisectoral Special Commission for the Native Communities, which was entrusted with studying the present situation and the problems of the native communities of the Amazon region, and to make comprehensive proposals to guarantee the full observance of their constitutional rights, and to promote their well-being and economic development. 135. Internationally, Peru signed the Declaration of Machu Picchu, which is an important instrument for the defense and promotion of the rights of indigenous peoples. In that Declaration, Peru undertook to give impetus to the preparation and approval of the American Declaration on the Rights of Indigenous Peoples. In addition, Peru participates actively in the discussion of the draft of that declaration in the OAS, and chairs the working group entrusted with its preparation. 136. The State also reported that there are more than 20 bills in the Congress referring to matters that would benefit the indigenous and Afro-Peruvian communities. B. Improved Access to Public Services, Health, and Education 137. As regards compliance with the second recommendation of Chapter X, related to improving access to the public services, health, and education of the indigenous communities, the State reported that by Supreme Decree Nº 072-2001-PCM, the Roundtable for Permanent Dialogue to Solve the Problems of the Indigenous Communities of the Peruvian Amazon was formed. It also reported that by Supreme Decree Nº 111-2001-PCM, the National Council of Andean and Amazonian Peoples was created; its aim is to promote, coordinate, direct, implement, supervise, and evaluate the policies, programs, and projects that correspond to the populations included, in the context of the rules and principles established in the international treaties on the subject to which Peru is a party. 138. The State also reported that the Law on the Development of the Education of Rural Children and Adolescents, which covers minors who live in peasant and indigenous communities, seeks to offer them quality education, and to implement bilingual and intercultural educational programs that afford them the opportunity to communicate in two languages, appropriating the most valuable aspects of each culture, and enriching their personal identity.
139. The State has not provided information with respect to the implementation of the third recommendation of Chapter X, on implementing adequate mechanisms of monitoring and verification of the Peruvian State’s compliance with the rights and guarantees it undertook to respect upon ratifying ILO Convention 169.
140. The State has not provided any information on compliance with the fourth recommendation of Chapter X, regarding the adoption of appropriate measures to guarantee the process of legal demarcation, recognition of property rights, and adjudication to the indigenous communities of the property titles to the land.
141. The State has not provided any information on compliance with the fifth recommendation of Chapter X, which indicates that any infrastructure project or project involving the exploitation of natural resources in an indigenous area or that affects their habitat or culture should be handled and decided upon with the participation of and in consultation with the peoples concerned.
142. The State has not provided specific information concerning compliance with the sixth recommendation of Chapter X, regarding the adoption of policy measures to end ethnic, social, and cultural discrimination in all forms and at all levels, and to improve the socioeconomic conditions of the indigenous populations.
143. As regards compliance with the seventh recommendation of Chapter X, concerning strengthening the role of the indigenous populations so that they have options and can retain their cultural identity, the State has not provided detailed information in this respect, though it notes that there are bills, and the committees mentioned supra. CONCLUSIONS 144. The analysis of compliance with the recommendations made by the Inter-American Commission to the Peruvian State in its Second Report on the Situation of Human Rights in Peru reveals a significant degree of compliance with the Commission’s recommendations. The IACHR recognizes and values the effort made by the transition government headed up by Valentín Paniagua, and by the current government, led by President Alejandro Toledo, and the efforts of all Peruvians, to return to the rule of law; to re-build democracy and democratic institutions in Peru; and to try to move towards eliminating the systematic human rights violations characteristic of the country under the regime of the previous government. 145. The Commission also observes that in respect of a series of recommendations, laws have been adopted that coincide with the IACHR’s recommendations. The Commission values the adoption of that legislation. Considering that the legislation in question implies a series of actions to be implemented, the Commission considers that the challenge to the Peruvian State is to try to see to the actual enforcement of those laws. 146. The IACHR also observes that to date many recommendations have yet to be implemented. In this respect, the Commission urges the Peruvian State to comply with the recommendations still pending, and offers its collaboration in this respect, within the framework of its powers.
147. The Inter-American Commission, in the exercise of its powers will continue to evaluate compliance by the Peruvian State with the recommendations made in the Second Report on the Situation of Human Rights in Peru. [ Table of Contents | Previous | Next ] [14] Informe Especial de la Coordinadora Nacional de Derechos Humanos, Lima, Perú (Special Report of the National Coordinator for Human Rights, Lima, Peru), January 2002, pps.16-17. [15] Id., p. 17. [16] Government of Peru, Recomendaciones Efectuadas por la Comisión Interamericana de Derechos Humanos al Estado Peruano en su "Segundo Informe sobre la Situación de los Derechos Humanos en el Perú", Publicado en junio de 2000 (Recommendations Issued by the Inter-American Commission on Human Rights to the State of Peru in its "Second Report on the Situation of Human Rights in Peru," Published in June 2000), p.5. [17] Information about these incidents was communicated to the Office of the Special Rapporteur by various non-governmental organizations, including: IPyS, Associación Nacional de Periodistas (National Association of Journalists), Writers in Prison Committee (WiPC), International PEN, London, Seccional Latinoamericana de los Derechos Humanos de la Federación Internacional de Periodistas. [18] Office of the Special Rapporteur for Freedom of Expression, Annual Report 2000, pps.105-107. [19] Informe Especial de la Coordinadora Nacional de Derechos Humanos, supra, p. 16. [20] See IACtHR, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, Advisory Opinion OC-5/85, Series A, Nº 5. [21] Government of Peru, supra, p. 5. |