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REPORT OF HUMAN RIGHTS IN PERU

UNIVERSAL PERIODIC REVIEW


Human Rights Council – United Nations
Geneva, May 2008

National Coordinator for Human Rights from Peru is an institution working over
20 years in the country and which groups 66 organizations at national level. This
report is a contribution to the Universal Periodic Review of the Human Rights
Council, main mechanism in the reform process of the United Nations and
specially, the consolidation of the universal system of protection of human rights.
This way, and ad portas from the first UPR period where Peru will present a
report on human rights, we wish to send some impressions from the civil society
we have regarding the issue and noting some characteristics of the socio political
situation our country is going through.

Therefore, Peruvian civil society has special concerns regarding some view points
of the issue which must be looked upon by the esteemed members of the
examination team as well as by the international community represented by the
distinguished Human rights Council and the members of the General Assembly.
We suggest some key questions that will urge the Peruvian State to strengthen
their strategies regarding integral human rights protection:

1. What redistributive public policy proposals is the Peruvian State


implementing to struggle against poverty and rural extreme poverty that
affects 9 million persons in a country which counts with 8% of annual
economic growth?
2. Given the serious and massive human rights and humanitarian rights
violations occurred during the internal armed conflict; how is the State
confronting the struggle against impunity, the access to justice and
reparation to the victims, and what institutional reforms have been
implemented to avoid the events of prior decades being repeated?
3. How is the relevance of fundamental freedoms and especially of human
rights defenders, being guaranteed? What measures and sanctions have
been presented regarding the hostility actions they have suffered?
4. How to impel certain measures to adapt the national institutionality
according to the international standards assumed by the Peruvian State –in
the ratification of treaties regarding human rights- like the adaptation of
the Rome Statute, the Mechanism for Torture Prevention, etc.?
5. Is there any progress in searching for equal opportunities between men
and women, and with special attention to cases of gender violence and
sexual violence? Which are the inclusion and protection measures for
rights of vulnerable collectives of discrimination like the indigenous
peoples, afro descendents, handicapped persons, LGTB collectives?

1. Concerns regarding fundamental freedoms

The working conditions for civil society in general and particularly human rights
organizations, have been spoiled confronting a progressive increase of hostilities,
campaigns, threats and even intervention with little or null investigation will and
protection on behalf of the competent authorities. On the other hand, the
pressure from the local communication media is more and more frequent,
specially, those that disseminate critic messages towards the government. 1 There
are also serious access problems to the right to justice, caused not only by the
judicial system’s inefficiency by but high levels of corruption.

There have been in total 53 cases of harassment and slander against defender
agents, specially, against those working on issues related to present cases before
the court for human rights violations, in the research of torture cases produced
after the period of political violence and, above all, with social conflict situations
derived mainly from extractive activities (mining, wood, oil) and their
environmental impact. This year’s particularity is that there have been new flanks
for attacks starting with the extradition and judicial process against former
President Alberto Fujimori and that not only includes threats but also an attack
to the memorial Ojo que Llora (Eye that cries), in homage to all the victims of
the political violence, which was partially destroyed in September 2007 without
carrying out any kind of investigation.

At the same time, there has been a media campaign against NGOs from the press
that carried out jobs in favor of the corruption network of the regime of former
President Fujimori and his advisor, Vladimiro Montesinos (Expreso and La Razon
newspapers). To this campaign some political spokespersons from the current
government have summed, Vice-president Admiral Luis Giampetri, some
congressmen involved in human rights investigations and congressmen from
Fujimori’s political party. Regarding the case of the organizations related to the
defense of the environment the situation was much more critical, they have had

1
In April 2007, the Transportation and Communication Ministry ordered the closure of three radio and three
television stations that disseminated the death of Marvin Gonzales by the police, during a regional strike
against the government. In September the Orion Station was closed, in Pisco-Ica, for transmitting
information related to discontent of the population affected by the earthquake. In all these cases, determined
formal matters where used as an excuse to shut them down. However, many enterprises continue working
without any objection in spite of committing much more serious infractions.

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telephone bugging and have been followed by non identified actors, but not
investigated, besides false accusations which seek to discredit their work and
harm their personal honor.

From strong social protests by mid 2007 2 Congress granted faculties to the
Executive to enact legal norms to stabilize the situation. Among these norms,
there are some that cause great concern from human rights and fundamental
freedoms view point because they criminalize in many cases social
demonstrations and restrict people from participating in them. 3 Also, the writing
of the extortion crime according to the Legislative Decree 982 implies total
denaturalization, so it’s inclusive to a public action that pretends to denunciate a
violation to human rights or protest against the damage of the environment
would be considered extortion. The new exemplification of the extortion crime
penalizes and disposes the in-habilitation of public servants just for participating
in strikes. This article would be penalizing the right of freedom of expression and
to participate in public matters that any citizen has and indirectly presents the
strike as a criminal action. Under the argument of citizenship security, serious
restrictions to the right of free movement: it is increasingly difficult to obtain
guarantees for public demonstrations, like the restriction of these to many zones
in the city. Also, in the past two years, there have been 14 deaths of citizens due
to the action of the order forces, with only one case under criminal investigation.

During 2007, the government pretended to control the Peruvian International


Cooperation Agency (APCI) 4 all the beneficiary organizations of international
technical cooperation. Also, the modification of the norm pointed out that
“driving resources of international technical cooperation for activities that affect
public order or damage public or private property" 5 will allow APCI, besides of
applying a monetary sanction, suspension and, even, cancellation of the
registration of the organizations in the register. Fortunately, this law was
pronounced unconstitutional by the Constitutional tribunal, which pointed out
that the faculties attributed to APCI attempted directly on the fundamental right
of free association and the right to have a private life regarding legal persons.

2
Published in July 22th, 2007.
3
For example, the modification of Article 200 of the Criminal Code establishes the possibility of
sanctioning public servants with decision power who hold trustworthy or directive posts who participate
in strikes or protests. Likewise included under the extortion crime “(...) by violence or threat, take over of
premises, obstacle communication roads or impedes free transit of citizenship or disrupts the normal
functioning of public services or the execution of works legally authorized, with object of obtaining from
authorities any benefit or illegal economic advantage of any kind (…)” Additionally modifying Article 20
of the Criminal Code indicating that the police agents or the military who cause injuries or deaths “(…) in
the fulfillment of their duty and in use of their arms in a regulated manner (…)” are exempt of criminal
responsibilities. These measures have contained the protest temporally but combined with a weak
functioning or absence of institutional channels for demands of citizens towards the State, a
confrontational environment has been fostered and with very little space for dialogue.
4
Created by Law 27692 the 12 of April 2002 and modified for the “Apci law”, law number 28925
published in December 8th 2006.
5
Created by law 27692 in April 12th 2002 and modified for the so called “Apci law”, law No. 28925
published in December 8th 2006.

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On the other hand, limitations for access to justice persist. One of the most
important problems for human rights processes is the absence of a state
protection system for witnesses, offended and defenders, including those who
received precautionary measure on behalf of the Inter American Commission.
However, and thanks to the enactment of the Supreme Decree 061-2006-PCM 6
the state will cover legal defense expenses of members of the armed forces
accused of human rights violations, a paradox if we compare it with the absence
of court appointed lawyers for serious human rights violations.

Also, access to justice of women victims of family and gender violence is very
limited given the indifference of the juridical operators in the subject but the
absence of a regulation frame for a proper protection (very little precautionary
measures are granted 7 , the administration and judicial process still demands the
victims to face their attackers, “soft” sanctions are applied which are not
dissuasive, etc.). This without counting with the precarious institutionality that
ends in the lack of a public system of shelters for emergency cases of gender and
domestic violence. This situation is worse in the case of indigenous women.

Regarding the right to an identity, we find administrative obstacles which


demand correction and vigilance of instances in charge of the civilian register of
persons generating millions of undocumented Peruvians. Specially, birth and
death certificates which however are guaranteed by law to be free of charge but
the regulations inside the interior local governments, in charge of them, are not
respected. CEDAW Committee also points out that this problem, especially
affecting indigenous women from rural and Amazon zones.

Another reason of great concern is the increase of the torture rates in the
detention centers and in the armed forces. The Committee against Torture
recommended in their review of the country report 2006 that the Peruvian State
should implement a National Register on Torture and Other Inhuman
Treatments, measure that has not been taken and that urges the State to fulfill
with the established in the Facultative Protocol of the Convention against
Torture and establish a National Prevention Mechanism. 8 In this sense, we are
very concerned about the extreme vulnerability of the penitentiary system when
is comes to protect the fundamental rights of the inmates like life, integrity,
security, etc. A tragic example is the re opening by the end of 2007 of the
Penitentiary Challapalca which has a Special Closed Regime located over 4,600
m.a.s.l., and reaches minus 25 °C and which was closed down due to a
recommendation given by the people’s Ombudsman, because its location goes

6
Published in September 22nd 2006 in the Official newspaper El Peruano.
7
Only two of the 227 victims cases analyzed of “infringements against persons” for family violence, some
protection measures were granted; in spite that 68.7% requires immediate protection due to the possibility of
being assaulted again. Report from the People’s Ombudsman.
8
The term for its implementation expired on October 14th, 2007. It is important to point out that this
mechanism fulfills with all the standards of autonomy and legitimacy included in the protocol. The National
Coordinator of Human Rights is developing a campaign to appoint the People’s Ombudsman for that
purpose. For the time being, the only register regarding this issue is in charge of the People’s Ombudsman,
of cases reported in their instances.

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against fundamental rights such as life, personal integrity, health and the
principles of re socialization.
Also mention that the mental health law is pending approval to assure the right
to count with mental health attention under the principles of universality,
accessibility, availability and service quality in the public health policies; both at
individual and community level. This is especially important for a country which
has passed a period of armed violence but which also faces challenges of pending
inclusion of persons with disabilities like the attention of high risk population due
to their poverty conditions disasters, discrimination and other forms of violence.

Finally mention the repeated violation of the rights of the Lesbian, Gay, Trans-
sexual, transvestite and trans gender and bisexual persons LGTB collective,
discrimination of victims in many spheres. Like for example, access to health
programs and sexual health, in educational centers; being also vulnerable to
physical and psychological violence in citizenship security policies. The plan for
equal opportunities (between men and women) do not have any special
measure respecting discrimination due to sexual orientation (lesbians) for women
and neither do any educational programs to create awareness regarding this
issue.

2. Concerns related to the ongoing of economic, social, cultural and


environmental rights; and social exclusion.

Seven years have passed since the fall of president Fujimori’s dictatorial regime,
today in legal procedure for serious violations to human tights, and at the end of
an armed conflict that devastated the country during two decades, Peru shows
before the international community signs of economic stability – with a
sustainable growth of the GNP, fiscal discipline, growing integration in the
international market, etc. – and several commercial agreements in course.

An instrument that should serve to measure policies regarding human rights and,
particularly, Economic, Cultural and Social rights was the National Human Rights
Plan (NHRP). 9 This document obliged the State to carry out positive actions
regarding different human fundamental rights and was elaborated from 18 macro
regional consultations and 10 regional consultations which involved almost a
thousand social leaders and all the Executives instances (Ministries and
Decentralized Public Organizations), like congressmen/women and the People’s
Ombudsman. However, until now the current government has not given it a due
treatment, pointing out that it is not legitimate for not going through political
accords, denying all the process developed. This norm – even when in many
cases actions have taken place – has not been considered as a guideline regarding
human rights issues, as it was intended to be. So the Peruvian State should
implement the National Plan for Human Rights and widen it until fulfilling the
Regional Human Rights Plans.
9
DS. 017-2005 – JUS Creates the National Human Rights Plan and was promulgated in December 10th,
2005.

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Also comment that the country is facing several problems related to the struggle
against poverty, a situation that makes vulnerable economic, social and cultural
rights of great part of the people, 10 concentrated in rural zones and Andean and
Amazon zones, like post conflict zones.

Another issue to be concerned about for the National Coordinator of Human


Rights is the vulnerable situation the indigenous peoples are regarding the
protection of their territories. Many bills in Congress pretend to ease dissolution
of peasant and native communities. These regulations would have as end to
promote mining and oil companies to acquire those territories. Until now,
mining and oil concessions are granted over vast extensions of territories without
consulting the indigenous peoples who live in those territories. The
discrimination towards the members of indigenous peoples is appreciated in their
precarious living conditions and the reluctance of the authorities to invest in
health, education, food or assure a worthy employment. Over five million
indigenous peoples are totally excluded from the health services. The education
they receive is extremely deficient and there is not even any measure adopted to
assure transportation for the children to the classrooms, which do not have
heating even in the coldest zones of the country. This same discrimination is
noticed regarding the indigenous peoples demands about environmental
problems which are not taken seriously. Most people killed or hurt by the police
in these last seven years have been indigenous people who protested for
environmental damages or the absence of state policies.

Regarding the health field, we are concerned about the gap of conditions
between services acceded by rural and urban citizens, the gap is almost 50% in
the enjoyment of these basic rights like having drinking water (92% against 41%
in rural population) or electricity (96% against only 36% in rural zones).
Likewise, the child malnutrition level in rural areas is 45%. The magnitude of this
picture shows the increase of the gap of alarming social exclusion in a country
which has an annual growth rate of 8%, one of the highest in the Latin American
region.

About the right to education, if the registration coverage, access and schooling
are increasing, there are still multiple gaps for children to have a proper
schooling according to their age, which affects the poorest directly. Only 63% of
the children are located under the lowest percentile of poverty get to finish
elementary school. Also, regarding school achievement, only 73% of children
between 11 and 13 years of age finish elementary school (according to
parameters of school grade in Peru, this age should be 11 years) 11 . The scarce
presence of Bilingual Intercultural Educational programs in zones with a marked

10
According to the Report of the National Survey of Homes of the National Institute of Statistics and
Informatics of 2006, 69.3% of rural citizens are in poverty situation and 37.1% in extreme poverty situation.
The total diminishing of poverty in the rural sector in the period 2005-2006 was only 0.5%, while the
diminishing of extreme poverty only 0.8%. Source: Technical Report ENAHO 2006. National Statistics
Institute
11
Figures from the Education Ministry web page.

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presence of indigenous and native population, is very serious, increasing
desertion level and of very low school performance. Also, mention that within
the process of educational reform, a permanent process in the past years, very
little progress has been made regarding an increase in the education quality, most
of the efforts are centered in the teachers evaluations – matter that generates
strong conflicts with the teachers syndicate – but does not tackle other
“structural” aspects like the low budget for the salaries (an average of 200 Euros
per month) and the lack of incentives for their professional performance.

Additionally, if we face a progressive reduction of the country’s unemployment,


the average is currently 8%, the truth is that the vulnerable conditions are
greater that the Latin American region average, being 55% of the employment in
the informal sector (facing 48% of Latin American average 12 ). Even in sectors
which are supposed to be formal, like in agro exportation there are systematic
situations of abuse: women who work in this sector are demanded 12 hour
working days, with no payment for extra hours, without counting how long it
takes them to reach the plantations. These workers do not have bonuses,
holidays or compensation for time served, due to the Law 27360 which
approves the Norm for the Promotion of the Agrarian Sector, prorogated by
Law 28810 until year 2021.

Another particular concern is the situation of child labor in zones of artisan


mining and drugs trafficking, zones with minimal presence of the state and where
minors are used as captive work force, vulnerable to child trafficking and sexual
exploitation. The estimation is that there are over 33 thousand people only in
the Amazon zone.

Finally point out that, in spite of receiving the visit of Special Rapporteur for the
Right to Proper Housing from the United Nations, Miloon Kothari, in February
2004, Peru still does not comply with international standards regarding the
subject of the right to proper housing, there is no specific public policy and
legislation on the matter is inexistent.

3. Concerns related with democratic institutionality and the full effect of the
state of law.

Corruption continues to be an extended phenomenon over which several


denunciations have been made, but they have not received proper attention
from the authorities until the recent creation of the new bureaucratic entity, still
trying to define its functions and until today lacks of resources to act. 13

Likewise, and according to their international commitments, the adaptation of


the criminal legislation to the Rome Statute is pending, where the incorporation
of crimes against humanity and the amplification of the concept of sexual
violation are highlighted, this last one of major importance for the protection of
12
OIT estimations based on information of National Survey of Homes. Data has urban coverage.
13
Although in 2007 the National Anti Corruption Office was created, this basically acts at executive level.

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women’s human rights. There is a bill which seeks the implementation but,
unfortunately, is still to be approved by Congress. We consider this situation of
extreme importance for a country which has lived an internal armed conflict and
which faces justice and reparation measures for crimes against humanity.

Another issue of special concern is the military jurisdiction speaking of justice


administration, its design does not guarantee the figure of a competent,
independent and impartial judge (Law 29182) when active officials are allowed
to fulfill the work of judges or prosecutors in the military or the police 14 . This
situation repeats itself with the appointment of military judges on behalf of the
Executive Power. The same way, the Legislative Power in Peru has nearly
reached four years failing to fulfill the sentences from the Constitutional Tribunal
which since August 2004, order to adjust the organic law and the military-police
criminal code both according to international standards and to the Peruvian
Constitution, but Congress has ignored this judicial mandate. On the contrary, in
three subsequent opportunities, they have outwitted the essence of the
Constitutional Tribunals rulings, adopting two laws that do not pay attention to
the Constitutional Tribunal’s indications (Laws No. 28665 and Law No. 29182)
and prorogating indefinitely a legislation which had been declared
unconstitutional (Law No. 28934).

Likewise, at the beginning of the transition period by the end of the year 2000,
one of the main challenges was to create a model for the democratic direction of
the armed forces, by which the political authority is who defines, directs and
supervises the defense policies management and at the same time accountable to
the citizenship. A first great objective of the re structuring process of the Defense
Ministry, is the publishing of the new law of the Defense Ministry Law 29075,
which establishes the juridical nature, function and responsibilities and basic
organic structure of the Defense Ministry, published in August 1st, 2007.
However, still pending is the creation of the institutional design of national
defense which will contribute to strengthen democracy, so everything called
defense, and everything depending on staff and military organizations, will be
attribution, responsibility and competence of the Defense Ministry.

14
So, article 9 of the norm states that “The Supreme Tribunal of Military Police is formed by ten (10)
Supreme Members, from the Juridical Military Police Corps, with military or police degree of General
Officer, Admiral or the equivalent, currently active” [our underlining]. In the case of the vocals and
judges of lower instances, the norm repeats this condition of officers currently active in articles 15 and 19.
In the case of military and police prosecutors it is established in article 22. So, the law approved in its
article 10 establishes that: “The Members from the Supreme Tribunal of Military Police are appointed by
the President, proposed by the court…” [our underlining]. In the case of the supreme prosecutors, the law
establishes the same modality for selection in its article 23. For judges and prosecutors from lower
instances, articles 13.2 and 23 state they will be appointed by the Supreme tribunal and the Supreme
Attorney military and from the police respectively; namely, by the military. Regarding this, article 154 of
the Peruvian Constitution establishes that the appointment of all judges and attorneys in the country-
excepting exceptions foreseen in the Constitution- is exclusive authority of the National Council of
magistrates, an autonomous constitutional body which does not form part of the Executive Power.

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Another urgent issue, especially in a country with a high rate of conflicts, is the
constitutional regulation of the juridical figure of the states of emergency for
which certain guarantees and fundamental freedoms can be suspended to favor
internal security. In this sense, the Constitutional Tribunal declared, in the
sentence of file 017-2003-AI/TC of March 16th 2004, the unconstitutionality of
several articles of law 24150 modified by legislative decree 749, which is referred
to emergency zones, the Armed Forces can not assume the responsibilities and
attributions of the political authorities and points out the characteristics of the
offense when performing their functions (Delito de Funcion). However, the
Peruvian State promulgated in May 2004, the law 28222 15 , which establishes
three supposed intervention scenarios of the Armed forces in the internal order
without the need to declare the state of emergency 16 , opening the possibility of
counting with a “concealed” state of emergency, because it allows the Armed
Forces to operate in control operations of the internal order, with out the decree
of a corresponding state of emergency by the Executive.

This situation gets more serious when there is norm, law 29166, Law that
establishes rules for using force on behalf of the staff of armed forces in national
territory, which tries to establish by law resolutions the regulation of the use of
armed forces in internal order scenarios, it sets out all actions carried out by
military personnel when exercising their functions which can be supposed as an
offense committed when performing their functions, are jurisdiction of the
military police grounds. This situation attempts against national and international
jurisprudence due that you can not suppose the commission of offenses
committed when performing their functions, these must be determined by the
concurrence of material criteria and defined objectives.

4. Concerns linked to the process of transitional justice of post internal armed


conflict (recommendations made by the Final Report of the Truth and
Reconciliation Commission).

In the front of democratic institutionality, Peru faces a halt in the follow-up of


the recommendations of the Truth and Reconciliation Report, especially
regarding the process of opening proceeding for victims of the internal armed
conflict, like the process itself of the states democratic reform. This way, for
example, in 2001 the Inter American Court of Human Rights declared the
Amnesty Laws 25479 and 25492 invalid, and we only achieved firm sentences in
two cases of human rights violations. The first called “Delta del Pichanki”, where
peasants involved in political violence and two policemen where sentenced. And
the Chuschi case, for death and disappearance of 4 peasants in the Chuschi,
Ayacucho in 1991. For this crime a Major of the Peruvian Army Colins Collantes
was sentenced to 16 years of imprisonment and the Sub Officer of the National
Police Jaurez Aspiro to six years of imprisonment; these resolutions where
confirmed by the Supreme Court. There are four other sentences in first instance
for different violations to human rights and a firm sentence for the leadership of
15
Law 28222 modifies law 25410.
16
Law 28222 – Law modifies law 25410. Art. 1º. May 17th 2004.

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the armed group “Sendero Luminoso”, sentencing the head of this subversive
group for life. Progress regarding this matter would be different is there weren’t
any clear position on behalf of the state sectors, of concealing the intellectual
and material authors of diverse crimes. Pointing out briefly that in the Peruvian
judicial system, we find permanent obstacles and with interference of other
powers, mainly from the Defense sector where there is no collaboration for the
proceedings 17 but have even protected many of their members through
unconstitutional laws. This reached its peak, when in October 2006 the
Executive approved a norm so the State pays legal defense to any member of the
Armed Forces or the National Police, accused of a human rights violation; while
thousands of victims due to poverty, geographic exclusion, social and cultural
margination (managing another language which is not Spanish) cannot accede to
legal defense and have their right to justice and even their physical integrity
damaged 18 .

Almost half the cases (26 proceedings) delivered to the Public Ministry on behalf
of the Truth and Reconciliation Commission are still under preliminary
investigation in spite that over three years have passed since their initiation. 19
Regarding the reparation to victims the process of accreditation to make a
Victims Register, this has already began in charge of the Reparation Council.
However, also has started, on behalf of politicians belonging to the government
like of Fujimori’s followers, a discrediting campaign which intends, according to
explicit declarations, to question the management of their president like the
halting of the work under the argument that they are “repairing terrorists”. In
this sense, political support from the government is urgent to strengthen and
protect it from these actions. In this sense, it’s urgent to assure continuity and
institutionality for the Reparation Council, guarantying their annual budget like
the collaboration of all the sectors involved. It is especially necessary that the
defense sector sends information concerning the victims of the order forces to
include them in the Victims Register.

In the case of the collective reparation to communities affected in charge of the


Multi Sectorial High Level Commission, we find difficulties to implement a

17
For example see the Human Rights Watch Report “La Segunda Oportunidad de Alan Garcia: La Justicia
en los Casos de Abusos de los Derechos Humanos en Perú”, July 2006 where it is conformed that “the
armed forces has systematically denied to deliver relevant information to civilian investigators”. Specially,
due to the decision of approving the ruling of the Defence Commission before a full session of the
legislative power, where it is reaffirmed in the axes declared illegal by the Constitutional tribunal in the
sentence 023-2003, published in October 2004. This sentence points out that military judges cannot be
officials in activity, that their appointment cannot be made by the Executive Power, that the Public ministry
is autonomous and so there cannot be a Military Public Ministry and finally that the military in retirement
situation cannot be judged by military tribunals due to their incorporation to civilian life.
18
In Peru there is not any specific legislation for the protection of witnesses-victims in the case of human
rights, this situation worsens the cases against crimes against human rights and crimes against humanity due
to the internal armed conflict.
19
Informe Defensorial N° 128, People’s Onbudsman in Peru. August 2007, pages 109 e.a. The
Ombudsman highlights that “The Inter American Human Rights Court has pointed out the slow pace at
which fiscal investigations make progress and these can imply violation to judicial guarantees and the right
to judicial protection…”

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reparation protocol that can distinguish the execution of these from other public
policies of the right to development.

This way, it is very worrying that the criteria to establish zones for reparation do
not fit with the zones managed by the Reparation Council (in charge of the
elaboration of the Community Register, book II of the Victim Register).
Regarding individual reparation, victims have only gained admittance to the
Integral health Insurance, social program for people in poverty and extreme
poverty, which covers basic aspects of physical health. However, it’s necessary to
widen the field of attention to mental health, at community and individual level,
very urgent in cases of torture survivors who require complex treatments when
there are physical sequels.

As it is known, the Truth and Reconciliation Commission (TRC) proved the


existence of 2,200 burial sites and noted 2,444 more burial sites which they
couldn’t verify. Due to the work of human rights organizations the registered
and verified burial sites reach currently 4,014, meaning, nearly double of what
was thought in the beginning. However, five years later after delivering the TRC
Final Report very few processes of anthropologic-forensic investigations have
been carried out and there are many problems between the Public Ministry /
Legal Medicine Institute and the civil society organizations involved in the
subject. Especially the lack of coordination to develop these investigations; lack
of information for the relatives of the victims and the NGOs that sponsor them;
problems with the recognition of the full participation of independent forensic
teams as experts in these processes.

Likewise, unfortunately the subject of institutional reforms, very important for


not repeating the period of violence, have had such little progress in the reform
of the armed and police forces, the judicial system, the educational system and
the presence of state services for the zones affected by violence.

5. Concerns for the situation of women’s rights.

Since 2007, Peru counts with an important instrument to reduce the gap
between men and women, called “law of equal opportunities” 20 which
recognizes, on the one hand, the ideal equity needed between genders and on
the other, promotes measures for equal opportunities with respect to the pluri
cultural, multi lingual and multi ethnical reality. As part of the follow-up
mechanisms an annual rendering of accounts before Congress on behalf of the
Ministry Council action which has not taken place.

On the other hand, the Committee for Elimination of Discrimination against


Women of the Convention about the elimination of all forms of discrimination

20
Published March 16th 2007 in the oficial newspaper El Peruano.

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(CEDAW), in its 37th period of sessions in 2007 21 made some observations to the
Peruvian State still pending to be fulfilled. The committee pointed out that “the
lack of reliable statistic data broken down by sex, rural and urban zones and
ethnic origin in the report, makes it difficult to accurately evaluate the women’s
real situation in all the ambits treated by the Convention and of the possible
persistence of direct or indirect forms of discrimination”. Likewise, the
Committee still observes with concern some of the criminal figures not
categorized as a crime in the criminal code, like incestuous abuse, and also point
out the insufficient protection regarding health and reproductive rights of
women, in particular, the high rate of adolescent pregnancies. Regarding this, it is
still pending, on behalf of the education sector, to approve the guidelines for an
Integral Sexual Education, the approval of the key guidelines both of accessing
information and the struggle against existing gender stereotypes are
discriminatory against women with that directed to fight violence against
women.

Finally mention the need to implement prevention measure for maternal


mortality, which rate is 186 of one hundred thousand births is directly related to
abortion conditions and the scarce medical attention of the pregnancy and the
post delivery in the country’s far away zones.

21
Carried out between january 15th to February 2nd 2007.

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RECOMMENDATIONS TO THE PERUVIAN STATE

UNIVERSAL PERIODIC REVIEW

National Coordinator for Human Rights, after presenting the report about the
human rights situation in Peru, urges the Peruvian State to pay especial attention
to the following recommendations:

1. Assure the full validity of public freedoms, pillars of democratic exercise


and citizenship participation and of political dissidence. In this sense, we
recommend:
a. Assure protection for human rights defenders (in cases investigating
telephone bugging, threats to their lives and physical integrity, etc)
and implement a national system for witness, aggreived persons
and defenders protection for cases regarding serious violations of
human rights. In 2007 alone 53 threat, hostility and intimidation
cases were registered, to members from the defense of human
rights institutions as well as environmentalists, witnesses, offended
persons, experts and justice operators.
b. The derogation of the legislative decrees 982, 983, 988 and 989
(criminalization of social protests).
c. The implementation of the National Prevention Mechanism against
torture, autonomous and independent according to the established
in the Facultative Protocol of the Convention against Torture and
other Cruel or Inhuman or Degrading Treatment or Punishment.
d. A reform for the penitentiary system which will assure a minimum
of integrity, security and mental health of inmates; like the definite
closing of penitentiaries in extreme territories, which affect inmates
health as well as the guardian’s, like Penitentiary Challapalca
(4,600 meters above sea level).
e. Assure full validity of the non discrimination principle, specially,
when fighting against racism in public institutions, when treating
persons belonging to the LGTB collective and equal opportunities
between men and women.

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2. The design and application of economic and public policy re-distribution
measures reached to struggle against poverty and extreme poverty, especially, in
the rural sector. Specifically:
a. The implementation of the national Plan for Human Rights, at
national and regional level
b. The application of previous, free and informed consultations for
indigenous and peasant population regarding mining, oil and forest
projects.
c. The amplification of the water network, sanitation and electricity;
struggle against child malnutrition in rural zones.

3. Regarding democratic institutionality, we recommend:


a. The urgent derogation of law 29182 (military justice law) which
violates all the constitutional principles framed by the country’s
Constitution.
b. The regulation of the genocide crimes, crimes against humanity and
against the humanitarian international law in the national criminal
code according to the Rome Statute of the International Criminal
Court and other international instruments for human rights and
humanitarian international law.
c. The subordination of the Armed Forces to the Defense Ministry,
civilian and democratic control instance in the state of law.
d. The regulation of the juridical figure of the states of emergency and
modification of law 29166 which presumes as an offense
committed while performing functions (and so belonging to the
military jurisdiction), of any military personnel action, including the
use of fire arms, regarding internal security.

4. Regarding the measures before the serious violations against human rights
and international humanitarian law in the 20 years of armed conflict, we
urge to:
a. To speed the human rights violations cases presented, in particular,
those delivered by the Truth and Reconciliation Commission to the
Public Ministry for their presentation (almost half of them, five
years later, are in preliminary investigation).
b. To count with the total disposition of the Defense Ministry
regarding the elaboration of the Victim’s Register (transfer of pre
existing registers of victims from the order forces) like the pass to
the civilian area of cases of human rights violations.
c. To impulse the process of Reparation, with the fulfillment on
behalf of the Executive with the Integral Plan for Reparations, like
the collective reparation in zones mostly affected by violence,
following the guidelines of the organizations in charge of the
Victim’s Register (Reparation Council) like the implementation of
the individual reparation programs.

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d. To execute the National Plan for Forensic Anthropology to
investigate approximately 4 thousand clandestine burial sites.

5. Assure the full validity of sexual and reproductive rights for men and
women, with non discrimination, we especially recommend:
a. The approval of the guidelines for integral sexual education in the
education sector to fight against the gender stereotypes and access
to scientific information with human values.
b. The struggle against all forms of violence against women, which
implies to count with a program to assist, shelter and protect
women, (follow-up of restraint orders) for cases where they are
more vulnerable.

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