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The Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP) is a non-profit civil society organization, one of whose principal objectives

is to improve the quality of life for Afro-Peruvian women by reclaiming their identity and self-esteem. It mainly works the perspective of Afro-Peruvian women with a vision of an integrated future, leaving behind paternalism and welfares. As an institution, it is committed to the development of Afro-Peruvian women and therefore, of their community. Global Rights Partners for Justice (Global Rights) is an international human rights capacity-building organization that works side by side with local activists in Africa, Asia, and Latin America to promote and protect the rights of marginalized populations. Through broad-based technical assistance and training, we strengthen partners to document and expose human rights abuses, conduct community outreach and mobilization, advocate for legal and policy reform, and provide legal and paralegal services. Over our 30-year history, we have worked in scores of countries to help local leaders and organizations to address human rights abuses and to lift their struggles out of isolation and onto regional and international stages, where institutions such as the United Nations and Organization of American States develop and enforce human rights standards. www.globalrights.org, info@globalrights.org In the spirit of the United Nations encouragement of collective efforts at the international level (Resolution 49/184), this report is placed in the public domain and put at the disposal of all interested persons to consult it or use it. Reproduction is authorized provided that the text is for educational or informative ends not commercial use and on the condition that credit is given to the publisher. The opinions, findings and conclusions or recommendations expressed in this publication are those of Global rights Partners for Justice and CEDEMUNEP and do not necessarily reflect the views of the United States Institute of Peace. The opinions, findings, and conclusions and recommendations expressed in this publication are those of Global Rights Partners for Justice and CEDEMUNEP and do not necessarily reflect the views of the Ford Foundation. This report was first published in Spanish under the title Ms all del Perdn Histrico: Informe sobre la situacin de los derechos humanos del pueblo afroperuano in June 2011.

Supervisor of the report and final editor Carlos Quesada Regional Director, Latin America, Global RightsPartners for Justice Consultant Eduardo Palma Lazarte Fotographer Eduardo Palma Lazarte Editorial Direction Mara del Pilar Lpez Patio Alta Voz Editores altavozeditores@gmail.com Design and Layout Rubn A. Urriago G. ISBN: 978-958-98940-4-0 Edited and Printed in Bogot D.C. June 2011

CONTENTS

IN APPRECIATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACRONYMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PRESENTATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 6 7 10

CHAPTER 1. The Peruvian State . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


1.1 General aspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 International Treaties Signed by the Peruvian State. . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3 Perus Constitutional Framework. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.4 CERD Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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11 12 16 18

CHAPTER 2. Afro-Peruvians: Presence and Organization . . . . . . .


2.1 The Presence of the Afro-Peruvian People in Peru. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 The Peruvian Populations Perception of the Afro-Peruvian People . . . . . . . . . . . . . 2.3 Percentage of the Population that is Afro-Peruvian . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.4 The Afro-Peruvian Peoples Organizational Process . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 The National Afro-Peruvian Movement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.6 The Afro-Peruvian Movements Form of Struggle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.7 Afro-Peruvian Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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20 22 23 24 25 26 26

CHAPTER 3. Racism in Peru . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .


3.1 Manifestations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.2 The National Regulatory Framework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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28 30

CHAPTER 4. Afro-Peruvian Human Rights . . . . . . . . . . . . . . . . . . . .


4.1 The Afro-Peruvian Peoples Principal Problem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.2 The State of the Afro-Peruvian Peoples Human Rights . . . . . . . . . . . . . . . . . . . . . . . . 4.3 Peru Poverty Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.4 The Media in Peru . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.5 The State of Education for the Afro-Peruvian People. . . . . . . . . . . . . . . . . . . . . . . . . . . 4.6 The Afro-Peruvian Peoples Labor and Employment Situation . . . . . . . . . . . . . . . . . . 4.7 The State of Healthcare in Afro-Peruvian Communities. . . . . . . . . . . . . . . . . . . . . . . . 4.8 Afro-Peruvian Political Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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32 33 37 37 38 41 42 43

CHAPTER 5. The State of Afro-Peruvian Women . . . . . . . . . . . . . . . CHAPTER 6. Governmental Actions . . . . . . . . . . . . . . . . . . . . . . . . . .


6.1 IMDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.2 The Historic Apology to the Afro-Peruvian People . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44 49
49 52

CHAPTER 7. Afro-Peruvians and International Bodies . . . . . . . . . . . .


7.1 Afro-Peruvian Participation in the OAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.2 Afro-Peruvians and ILO Convention 169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BIBLIOGRAPHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ANNEXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex 1. Supreme Resolution 0102009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annex 2. The State and the Afro-Peruvians: Some initiatives and challanges.. . . . . . .

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54 55 57 59 61 63 63 65

IN APPRECIATION
The Centro de Desarrollo de la Mujer Negra Peruana [Center for Black Peruvian Womens Development] (CEDEMUNEP)1 thanks Global Rights for the confidence it has placed in our organization to be its counterpart in activities developed in Peru regarding the permanent training and accompaniment of regional and international bodies such as the Organization of American States (OAS) and the United Nations (UN) which has been provided to Afro-Peruvian leaders. We thank Mr. Eduardo Palma Lazarte of the Centro Mundo de Ebano [Ebony World Center] for writing the present report. We would particularly like to thank each and every one of the Afro-Peruvian leaders for the time and information they provided to nourish this report; we see this as a collective document and hope it makes visible the situation of discrimination and exclusion in which we live. This report would not have been possible without the assistance of the Andean regional office of the Ford Foundation, whom we thank for financing the project which culminated in the drafting of this report.

1 The Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP) is a non-profit civil society organization, one of whose principal objectives is to improve the quality of life for Afro-Peruvian women by reclaiming their identity and self-esteem. It mainly works with, for, and from the perspective of Afro-Peruvian women with a vision of an integrated future, leaving behind paternalism and welfares. As an institution, it is committed to the development of Afro-Peruvian women and therefore, of their community.

ACRONYMS
ACEJUNEP: Asociacin de Jvenes Negros del Per [Association of Young Blacks of Peru]. AGN: General Archives of the Nation. AIS: Andean Integration System. ANDA: Asociacin Nacional de Anunciantes [National Association of Advertisers]. ASONEDH: Asociacin Negra de Defensa y promocin de los Derechos Humanos [Black Organization for the Defense and Promotion of Human Rights]. BNP: National Library of Peru. CAN: Comunidad Andina [Andean Community of Nations]. CAP: Cooperativa Agraria de Produccin [productive agrarian cooperative]. CEDEMUNEP: Centro de Desarrollo de la Mujer Negra Peruana [Center for Black Peruvian Womens Development]. CEDET: Centro de Desarrollo tnico [Center of Ethnic Development]. CENSI: Centro Nacional de Salud Intercultural [National Center for Cross-Cultural Health]. CEDAW: Convention on the Elimination of All Forms of Discrimination against Women. CERD: International Convention on the Elimination of All Forms of Racial Discrimination. CONAPA: Comisin Nacional de Pueblos Andinos, Amaznicos y Afroperuanos [National Commission of Andean, Amazonian, and Afro-Peruvian Peoples]. DEMUS: Estudio para la Defensa de los Derechos de la Mujer [Study for the Defense of Womens Rights]. DIGEIBIR: Direccin General de Educacin Bilinge e Intercultural [General Directorate of Cross-Cultural, Bilingual, and Rural Education]. FONCODES: Fondo de Cooperacin para el Desarrollo Social [Fund for Cooperation in Social Development]. ILO: International Labour Organization INAPE: Instituto Nacional de Estudios Afroperuanos [National Institute of Afro-Peruvian Studies]. INC: National Institute of Culture. INDEPA: Instituto Nacional de Desarrollo de los Pueblos Andinos, Amaznicos y Afroperuanos [National Institute for the Development of the Andean, Amazonian, and Afro-Peruvian Peoples]. INEI: Instituto Nacional de Estadstica e Informtica [National Institute of Statistics and Information]. INS: National Institute of Health. IRTP: Peruvian Radio and Television Institute. MIMDES: Ministry of Women and Social Development. MNFC: Movimiento Nacional Francisco Congo [Francisco Congo National Movement]. OAS: Organization of American States ODACH: Organizacin para el Desarrollo de los Afrochalacos [Organization for the Development of the AfroCallao People]. ODIR: Organizacin para el Desarrollo y la Identidad del Rmac [Organization for Rmac Development and Identity]. OPD: Decentralized Public Body. OPE: Public Executing Body. PDPIA: Development Project for the Indigenous and AfroPeruvian Peoples. PROMUDEH: Ministry for the Promotion of Women and Human Development. PRONAA: Programa Nacional de Asistencia Alimentaria [National Program for Food Assistance]. PTT: Proyecto Especial de Titulacin de Tierras y Catastro Rural [Special Project of Land Titling and Rural Cadastre]. REDMAA: Red de Mujeres Afroartesanas [Network of AfroPeruvian Craftswomen]. SAIS: Sociedad Agrcola de Inters Social [agriculture share-based society]. UGEL: Unit for the Management of Local Education. UN: United Nations. UNESCO: United Nations Educational, Scientific, and Cultural Organization.

Presentation

PRESENTATION
The Center for Black Peruvian Womens Development (CEDEMUNEP), with the technical assistance and accompaniment of Global Rights Partners for Justice, research carried out by Eduardo Palma Lazarte of the organization Ebony World Center, and the financial support of the Andean regional office of the Ford Foundation, drafted the present report, Beyond the Historic Apology: The State of the Afro-Peruvian Peoples Human Rights, as a way to better understand the reality in which they live and identify the principal problems they confront in Peru. The title reflects the fact that the President Alan Garcia approved a Supreme Resolution 010-2009, in which he apologized (Historic Apology) for the abuses, exclusion and discrimination committed against Afro-descendants in Peru until now. However, the Resolution expressed clearly that the Ministry of Women and Social Development would coordinate with other sectors to elaborate and implement public policies to promote the development of Afro-Peruvians. Because of that Beyond the Historic Apology analyzes the current situation of Afro-Peruians, based on the international treaties signed and ratified by Peru; the role of civil society organizations and the structural problems they face. It also analyzes the actions taken by the National Institute for the Development of the Andean, Amazonian and Afro-Peruvians Peoples INDEPA and it states the urgency to have disaggregated data and public policies in order to improve their human rights situation. The conclusions and recommendations of the report highlight the fact that more political will is needed in Peru in order to implement the Supreme Resolution; because by itself it is not enough to change the reality of Afro-Peruvians. This report was developed within the framework of a project that seeks to strengthen Afro-Peruvian organizations. Global Rights Partners for Justice and its Peruvian counterpart CEDEMUNEP have been carrying out a series of activities aimed at guaranteeing the full and effective participation of Afro-Peruvian leaders in international entities such as the Organization of American States (OAS) and United Nations (UN), understanding how they work, the extent of their reach, and the benefits for the peoples who make up these organizations. The present investigation not only studies Afro-Peruvian human rights, but also seeks, with the consensus of Afro-Peruvian leaders, to present proposals and recommendations to the Peruvian State, public policy supervisory bodies, organizations charged with defending the human rights of Afro-Peruvians, international organizations, and above all, Afro-Peruvian leaders themselves, so that they may implement actions which facilitate their social, economic, cultural, educational, labor, and political development and incorporation into Peruvian society.

Beyond the historic apology

CEDEMUNEP would like to highlight that the principle value of this exercise lies in its autonomous nature; we have drafted it from our own personal perspectives, reflections, and experiences as Afro-Peruvians who have suffered racial discrimination. The present report is an initial exercise that provides an overview of the Afro-Peruvian situation from an AfroPeruvian perspective. We therefore greatly appreciate the participation of the Afro-Peruvian leaders in this process. The period of systematization of the present report began in August 2010 and concluded in February 2011. The conclusions and recommendations were presented, discussed, and approved in April 2011 before the representatives of some of the organizations in the Movimiento Nacional Afroperuano [National AfroPeruvian Movement] that have been participating in the process of strengthening this project within the framework of the Training Workshop: Increasing the Capacity for Political Advocacy of Afro-Peruvian Organizations. The participating organizations were as follows: 1. Asociacin Cultural de Promocin y Desarrollo Todas las Sangres [All Bloods Cultural Association for Promotion and Development]. 2. Asociacin Negra Margarita [Margarita Black Association].

3. Centro de Articulacin y Desarrollo Juvenil Mundo de Ebano [Ebony World Center for Youth Organization and Development]. 4. Centro de Desarrollo de la Mujer Negra Peruana [Center for Black Peruvian Womens Development] (CEDEMUNEP). 5. Asociacion Cultural Santa Efigenia (Santa Efigenia Cultural Organization). 6. Fuerza por la Paz [Strength for Peace]. 7. MAKUNGU para el Desarrollo [MAKUNGU for Development]. 8. Movimiento Nacional Francisco Congo [Francisco Congo National Movement] (MNFC). 9. Movimiento Negro Francisco Congo [Francisco Congo Black Movement]. 10. Organizacin para el Desarrollo de los Afrochalacos [Organization for the Development of the Afro-Callao People] (ODACH). 11. Organizacin para el Desarrollo y la Identidad del Rmac [Organization for Rmac Development and Identity] (ODIR). 12. Red de Mujeres Afroartesanas [Network of AfroPeruvian Craftswomen] (REDMAA). In order to carry out the fieldwork for the present report, we took the following steps: 1. Review the report presented by the Peruvian State to the Committee that Monitors the International Convention on the Elimination of All Forms of Racial Discrimination (CERD Committee) in 2009, with particular attention given to the sections on campesino communities and the Afro-Peruvian people. 2. Review the alternative report presented by the Center of Ethnic Development (CEDET)2 and MAKUNGO for Development (MAKUNGU)3. 3. Review the recommendations of the CERD Committee to the Peruvian State in 2009.

The Center of Ethnic Development (CEDET) is an Afro-Peruvian organization founded on July 2, 1999. It began as a technical accompaniment for the Francisco Congo Black Movement to strengthen its political activism with the knowledge and experiences acquired since the 1980s in the field of development and social promotion, in order to promote Afro-Peruvian participation in advocacy surrounding State policies which permit us as a people to improve our society.
2 3 MAKUNGO for Development, the soul of the ancestors, is an organization of Afro-Peruvians that works to revalue AfroPeruvian culture, history, legacy, and identity, as well as the development of the Afro-Peruvian community.

Presentation

4. Review public policy evaluation materials in Peru; publications of Afro-Peruvian organizations; publications and comments of scholars and analysts of the Afro-Peruvian problem; and the publications of State entities charged with developing and implementing public policies in Peru. 5. Interview Afro-Peruvian leaders. 6. Attend events and activities related to the development of public policies for Afro-Peruvians and lastly, interview those responsible for cross-cultural work in the Ministries of Health and Education as well as persons at the Instituto Nacional de Desarrollo de

los Pueblos Andinos, Amaznicos y Afroperuanos [National Institute for the Development of Andean, Amazonian, and Afro-Peruvian Peoples] (INDEPA)4 and the Human Rights Ombudsmans Office5. This document has three fundamental objectives: (i) to offer an overview of the state of Afro-Peruvian human rights; (ii) to present and assess institutional responses to combat racial discrimination; and (iii) to offer a set of timely recommendations not only for the Peruvian State, but also for international bodies and Peruvian civil society itself.

4 The National Institute for the Development of Andean, Amazonian, and Afro-Peruvian Peoples (INDEPA) was created by Law 28495 as the governing body for proposing and supervising the compliance with national policies as well as coordinating with regional governments on the execution of projects and programs aimed at the promotion, defense, research, and assertion of the rights and development with identity of the Andean, Amazonian, and Afro-Peruvian peoples. Working through its competent bodies, its principal functions include, among others: to formulate and develop policies, programs, and projects with national reach for the comprehensive development of these peoples; coordinate with regional governments on relevant actions for the protection of Peruvian biological diversity and the collective knowledge of indigenous peoples; and study the traditions and customs of

the Andean, Amazonian, and Afro-Peruvian peoples as a source of law in seeking to get them formally recognized. Currently, INDEPAs functions have been assigned to the Ministry of Culture by means of attending to Andean, Amazonian, and Afro-Peruvian peoples. The Ministry has a Vice Minister for Cross-Cultural Issues and a specialized Executive Unit, the National Institute of Andean, Amazonian, and Afro-Peruvian Peoples. The Human Rights Ombudsmans Office is an autonomous constitutional body created by the Constitution of 1993. Its mission is to protect the fundamental constitutional rights of the individual and the community, supervise compliance with the public administrations duties, and the provision of governmental services to the citizenry.
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Beyond the historic apology

INTRODUCTION
The present study is divided into seven chapters as a way to make the results presented more understandable. Each chapter is correlated to the others such that all of them together provide us with a better understanding of the Afro-Peruvian peoples problems. The first chapter, The Peruvian State, presents an overview of the Peruvian State, its branches of government, the international treaties it has signed and the power they exert over national laws, the States ethnic composition, and the existence of a legal framework which recognizes and safeguards the countrys ethnic composition, as well as an analysis of some recommendations which CERD has made to the Peruvian State. The second chapter covers the Afro-Peruvian peoples existence in Peru: how they arrived, their first organizational processes, how the society perceives AfroPeruvians, the percentage of Peruvian population represented by Afro-Peruvians, their geographic location, the existence or lack of a national movement, and Afro-Peruvians representative organizations. The third chapter gives an overview on how racism is manifested in Peru and what kind of legislation exists in order to combat it. The fourth chapter discusses the state of the Afro-Peruvian peoples human rights, their principal problems, and how they are faring in terms of education, employment, health, women, and political participation. This is geared towards arriving at a better understanding of their lifestyles, survival mechanisms, the degree to which their human rights are violated in Peru, and lastly, whether Afro-Peruvians are included in povertyreduction actions by virtue of the poverty map developed by the Fondo de Cooperacin para el Desarrollo Social [Fund for Cooperation in Social Development] (FONCODES)6. The fifth chapter shares a diagnostic on the socioeconomic conditions of the Afro-Peruvian women and shows statistical data that proves the disparity between Afro-Peruvian and non Afro-Peruvian women. The sixth chapter discusses whether the governmental actions which the Peruvian State has been implementing are or are not benefitting Afro-Peruvians; whether INDEPA, the institution charged with formulating public policy, is efficiently carrying out the functions for which it was created; and if the historic apology made to the Afro-Peruvian people is fulfilling what was offered: the formulation of public policies in favor of the Afro-Peruvian people. Lastly, the seventh chapter deals with the participation of Afro-Peruvians in international bodies such as the Organization of American States (OAS) and the United Nations (UN).

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6 FONCODES is a national program of the Ministry of Women and Social Development (MIMDES) whose role is to promote local, social, and productive development with a primarily territorial focus through the articulated participatory management of public and private resources which contribute to poverty reduction, facilitating access to basic social services and social and productive infrastructure, generating economic opportunities, and promoting the development of productive and investment capacity in rural and urban arenas of the regional and local governments.

Chapter 1

The Peruvian State


1.1 General aspects
Peru is known as an independent and democratic country whose Political Constitutions Article 43 states: The Republic of Peru is democratic, social, independent, and sovereign. The State is one and indivisible. Its government is unitary, representative, and decentralized, and is organized according to the principle of the separation of powers. Its governmental representatives or authorities are elected in free universal elections. There is a separation of powers in which each branch of government is independent from any interference or coercion. The government has legislative, executive, and judicial branches. There are also autonomous constitutional bodies and regional and local governments. The country is divided into three natural regions: the coast, where the Afro-Peruvian people tends to settle; the mountains, a place characterized by the predominance of Andeans; and the forest, primarily inhabited by Amazonian peoples. Politically, Peru is divided into 25 regions and subdivided into provinces and districts. Perus independence was won in 1821 and its first political constitution was drafted in 1823. Many consider Peru to be a purely indigenous country, which is not true: with the arrival of the Spanish in 1532, the so-called encounter of three worlds (indigenous, European, and African) took place, as Africans arrived together with the Spanish, brought as slaves from Africa. Currently, it is impossible to tell the story of the American continent without mentioning the presence of Afrodescendants. Moreover, one cannot refer to the current culture of its peoples without noting the latters imposing presence.

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Beyond the historic apology

1.2 International Treaties Signed by the Peruvian State


Peru is part of the international community and a member of the UN, OAS, Andean Community of Nations (CAN), etc. Likewise, Peru is a signatory to international treaties which, according to Article 55 of the Political Constitution of Peru, The treaties signed by the State and in force are part of national law. This means that they have the same compliance rigor as the laws passed by the Congress of the Republic. Some of the international treaties signed by the Peruvian State are as follows:

International Treaties Signed by the Peruvian State7


TREATY 1. Universal Declaration of Human Rights. This instrument was adopted by the United Nations General Assembly in its Resolution 217 A (III) in Paris on December 10, 1948. Regulatory Framework Legislative Resolution 13282 Incorporation Into Peruvian Law December 9, 1959.

2. International Covenant on Civil And Political Rights. The Covenant was adopted by the United Nations General Assembly in its Resolution 2200 A (XXI) on December 16, 1966. It entered into force on March 23, 1976.

Law Decree 22128.

March 28, 1978 It has been in force in Peru since July 28, 1978.

3. Empowering Protocol of the International Covenant on Civil and Political Rights. The Empowering Protocol was adopted by the United Nations General Assembly on December 16, 1966.

Title VIII. XVI General and Provisional Provision of the Political Constitution of Peru.

Peru signed it on August 11, 1977. It has been in force in Peru since January 3, 1981.

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4. International covenant on economic, social, and cultural rights. This international covenant was adopted in New York by the United Nations General Assembly in its Resolution 2200 A (XXI) on December 16, 1966. It entered into force on January 13, 1976.

Law Decree 22129.

Peru signed it on August 11, 1977. It was approved on March 28, 1976. It has been in force in Peru since July 28, 1978.

7 Summary of international human rights instruments signed by Peru. July 2010. Nancy Chamorro Mauricio (except treaties 16, 17 and 27).

The Peruvian State

TREATY 6. Additional protocol to the american convention on human rights in the area of economic, social, and cultural rights, Protocol of San Salvador. Adopted in San Salvador, El Salvador on November 17, 1998 in the 18th Ordinary Session of the General Assembly of the OAS. 7. International convention on the elimination of all forms of racial discrimination. Adopted in New York on December 21, 1965. 8. Convention against torture and other cruel, inhuman, or degrading treatment or punishment. Adopted in New York on December 10, 1984. 9. Recognition of the competence of the committee against torture as set out in articles 21 and 22 of the convention against torture. The Unilateral Declaration on the Recognition of the Competence of the Committee against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment was approved. 10. Empowering Protocol of the Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment. Adopted by the United Nations General Assembly on December 18, 2002.

Regulatory Framework Legislative Resolution 26448.

Incorporation Into Peruvian Law April 28, 1995 It has been in force in Peru since November 16, 1999.

Law Decree 18969.

September 21, 1971 In force in Peru since October 29, 1971. May 12, 1988. In force in Peru since August 6, 1988. September 20, 2002.

Legislative Resolution 24815.

Legislative Resolution 27830.

Legislative. Resolution 28833 Ratified by Supreme Decree 044-2006-RE.

July 19, 2006. July 25, 2006 published on July 26, 2006. In force in Peru since October 14, 2006. June 4, 1982. In force in Peru since October 13, 1982.

11. Convention on the Elimination of all Forms Of Discrimination Against Women (Cedaw). Adopted by the United Nations General Assembly in Resolution 34/180 on December 18, 1979. Peru signed it in the city of New York on July 23, 1981. Note: Article 20 of this Convention was amended. The Amendment to the Paragraph of Article 20 of the Convention on the Elimination of all forms of Discrimination Against Women was adopted in the Eighth Conference of State Parties on May 22, 1995. 12. Empowering Protocol to the Convention on the Elimination of all forms of Discrimination Against Women. Adopted by the United Nations General Assembly in Resolution A/54/44 on October 6, 1999, opened for signatures on December 10, 1999.

Legislative Resolution 23432.

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Legislative Resolution 27429. It was ratified by Supreme Decree 018-2001-RE. February 22, 2001. March 5, 2001.

Beyond the historic apology

TREATY 13. Convention on the Rights of the Child (UN). Adopted on November 20, 1989 by the United Nations General Assembly. Peru signed it on January 26, 1990. Note: amendment to paragraph 2 of article 43 of the convention on the rights of the child. The United Nations General Assembly adopted Resolution A/50/L.61/ Rev.1 on December 21, 1995 on the Amendment to Article 43, paragraph 2 of the Convention on the Rights of the Child, which increased the number of members of the Committee on the Rights of the Child from 10 to 18. It was adopted by Peru through Legislative Resolution 27196 on October 29, 1999 and enacted on November 6, 1999. 14. Empowering Protocols to the Convention on the Rights of the Child Relative to the Participation of Children in Armed Conflicts and the Sale Of Children, Child Prostitution, and the Utilization of Children in Pornography. Adopted on May 25, 2000 by the United Nations General Assembly in Resolution A/RES/54/263. Peru signed in on November 1, 2000. 15. International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. Adopted by the United Nations General Assembly in Resolution 45/158 on December 18, 1990 in the city of New York.

Regulatory Framework Legislative Resolution 25278.

Incorporation Into Peruvian Law August 3, 1990. In force in Peru since October 4, 1990.

Legislative Resolution 27518. Ratified by Supreme Decree 078-2001-RE on October 4, 2001.

September 13, 2001. The first in force in Peru since January 18, 2002; the second since February 12, 2002 (sale, prostitution, and child pornography). September 10, 2005. In force in Peru since January 1, 2006.

Legislative Resolution 28602 Ratified by Supreme Decree 071-2005-RE.

16. American Convention on Human Rights. Signed in San Jos, Costa Rica on November 22, 1969.

Ratified by Peru on July 28, 1978. Peru accepted the competence of the Inter-American Court of Human Rights on January 21, 1981. Ratified by Peru on June 3, 1995.

14

17. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, Cultural Rights, Protocol of San Salvador. Signed in El Salvador on November 17, 1988. 18. Inter-American Convention to Prevent, Punish, and Erradicate Violence Against Women, Convention of Belm do Par. Adopted in Belm do Par, Brazil, on June 9, 1994 in the 24th Ordinary Session of the OAS General Assembly.

Ratified by Peru on June 4, 1996.

The Peruvian State

TREATY 19. Inter-American Convention to Prevent and Punish Torture. Adopted in Cartagena de Indias, Colombia on December 9, 1985 during the 15th period of sessions of the OAS General Assembly.

Regulatory Framework

Incorporation Into Peruvian Law Signed by Peru on January 10, 1986. Ratified on March 28, 1991. In force in Peru since April 28, 1991 in accordance with Article 22 of the Constitution.

20. Inter-American Convention on Forced Disappearance of Persons. Adopted in the city of Belm do Par, Federative Republic of Brazil on June 9, 1994. 21. Inter-American Convention on the Elimination of all forms Of Discrimination Against Persons with Disabilities. Adopted in Guatemala on June 7, 1999 in the framework of the 29th Ordinary Session of the General Assembly of the OAS.

Legislative Resolution 27622. Ratified by Supreme Decree 010-2002-RE. Legislative Resolution 27484. Supreme Decree 0522001-RE.

December 21, 2001. January 22, 2002. Entered into force on March 15, 2002. June 18, 2001. Ratified by Peru on August 30, 2001. In force since September 14, 2001. December 28, 1959. In force in Peru since May 24, 1960. September 15, 1924. The joining was not ratified.

22. Convention on the Prevention and Punishment of the Crime Of Genocide. Adopted in New York on December 9, 1948. 23. International Convention on the Supression of the Trafficking in Women and Children. Adopted in Geneva on September 30, 1921. 24. Inter-American Convention on the Granting of Political Rights to Women. Adopted in Bogot on May 2, 1948. 25. Convention on the Political Rights of Women. Open for its signature and ratification by the United Nations General Assembly through its Resolution 640 (VII) on December 20, 1952. Adopted in New York on March 31, 1953. 26. Convention Against Discrimination In Education. Adopted in Paris on December 14, 1960 at the XI General Conference of the United Nations Educational, Scientific, and Cultural Organization (UNESCO).

Legislative Resolution 13288.

Peru joined it, ad referendum.

Legislative Resolution 12409.

November 5, 1955. In force since June 11, 1956.

Law Decree 21177.

June 10, 1975. In force since September 25, 1975.

15

Legislative Resolution 16277.

October 20, 1966. Entered into force on March 19, 1967.

Beyond the historic apology

TREATY 27. International Convention On The Suppression And Punishment Of The Crime Of Apartheid. Adopted by the United Nations General Assembly in Resolution 3068 (XXVIII) on November 30, 1973. 28. International Convention Against Apartheid In Sports. Adopted by the United Nations General Assembly in New York on December 10, 1985. 29. Convention ILO No. 169. International Labour Organization Convention 169.

Regulatory Framework Law Decree 22280.

Incorporation Into Peruvian Law September 5, 1978. In force in Peru since December 1, 1978 (according to Article XV of the Convention). May 12, 1988. Entered into force on August 6, 1988. Ratified by Peru in 1993.

Legislative Resolution 24806.

Legislative Resolution 26253.

1.3 Perus Constitutional Framework


Peru is a millennial country in which a diversity of ethnic groups converge with their own cosmovisions, cultures, and idiosyncrasies. This ethnic cultural diversity is found in each of the three natural regions coast, mountains, and jungle making Peru a marvelous country in which all races converge, as noted by Mr. Ricardo Palma: In Peru, those who arent indigenous are black [el que no tiene de Inga, tiene de Mandinga],8 in reference to cultural ethnic diversity: in Peru, if one is not descended from indigenous people, than one has African blood. That phrase stamps out the old idea that Peru is a State having only indigenous people.
8 Ricardo Palma Soriano was born in Lima on February 7, 1833 and died in Miraflores on October 6, 1919. In 1872, the first part of his famous Tradiciones Peruanas [Peruvian Traditions] was published, stories about incidents, personages, and customs of the Peruvian colonial period. In 1884, he was appointed director of the National Library of Peru, charged with rebuilding it after its plundering by the Chilean army during the war between Chile and Peru. He fulfilled the huge job of rebuilding and equipping it. He is known as the Beggar Librarian for his peculiar manner of equipping the National Library. 9 The National Commission of Andean, Amazonian, and Afro-Peruvian Peoples (CONAPA), created by President Alejandro Toledo on October 5, 2001, was a governmental body charged with the development and integration of excluded peoples living in extreme poverty. This body was later replaced by INDEPA.

The 1993 Political Constitution of Peru establishes in Article 2 that all persons have the right: To equality before the law. No one should be discriminated against based on origin, race, sex, language, religion, opinion, economic situation, or any other basis. (Section 2). To his/her ethnic and cultural identity. The State recognizes and protects the nations ethnic and cultural pluralism (Section 19). While based on Article 2, Sections 2 and 19 the Peruvian State and its citizens can argue that all the ethnic groups living in Peru are recognized and that Peru is a multiethnic and multicultural country, for Afro-Peruvian citizens this does not translate into actions or policies executed by the Peruvian State, which only through the creation of the National Commission of Andean, Amazonian, and Afro-Peruvian Peoples (CONAPA)9, later INDEPA, was specific reference made to the presence of the Afro-Peruvian people (Law 28495 endorsed by Supreme Decree 065-2005). We should mention that this reference is made regarding the Project for the Development of the Indigenous

16

The Peruvian State

and Afro-Peruvian Peoples (PDPIA) approved by the World Bank, in which funding is provided for carrying out work with the indigenous and Afro-Peruvian peoples and approved thanks to the advocacy of some civil society organizations. Peru has still not constitutionally recognized the Afro-Peruvian people as a member people of the Peruvian nation which contributed and contributes to the consolidation of the Peruvian nation and its identity as a country. According to Jorge Ramrez Reyna11, President of the Asociacin Negra de Defensa y promocin de los Derechos Humanos [Black Organization for the Defense and Promotion of Human Rights]12, the other two peoples who make up the Peruvian nation have been expressly recognized in the Political Constitution of Peru, something which has not been done for the AfroPeruvian people: The indigenous Andean and Amazonian peoples have been recognized by Article 89 of the Political Constitution of Peru under the designation Campesino and Native Communities; they have legal status and are legal entities 13.

Article 89 of the Political Constitution of Peru refers expressly to the category of campesino and native communities in which Afro-Peruvians living and working in rural areas would easily fit. It should be noted that when the Peruvian State executes a development policy and refers to this article, it always does so in communities located in the mountains or jungles of Peru, or in communities in which the only settlers are indigenous people, however not in Afro-Peruvian communities. While it is true that the State recognizes the right to ethnic identity and its consequent right to equality before the law, and that discrimination based on origin, race, and language, among others, is prohibited, in the case of Afro-Peruvians the State is the first to discriminate and exclude in that it does not provide them with the same level of treatment or protection as it does for other ethnic groups, campesino communities, or peoples that make up the Peruvian State. The lawyer Eduardo Goyoneche Ciudad14 of the Centro Mundo de bano [Ebony World Center]15 told us:

10 The PDPIA project, totaling US$6.7 million, of which US$5 million was provided by the World Bank and US$1.7 million by the Peruvian State, was a project executed during the government of President Alejandro Toledo and administered by First Lady Eliane Karp. It initiated CONAPA and later INDEPA. 11 He is the Executive Director and founder of the Black Organization for the Defense and Promotion of Human Rights (ASONEDH), a lawyer, Afro-Americanist, researcher, professor, educator, and defender and promoter of the human rights and development of Afro-descendant communities and organizations and other ethnic groups in Peru and Latin America. 12 The objectives of ASONEDH are to develop viable projects with the participation of the Afro-Peruvian community which raise the awareness of the general public and national and international institutions regarding the state of discrimination faced by the black Peruvian population and the need to change this situation; strengthen and develop the Afro-Peruvian communities by undertaking collected actions aimed at overcoming the problems that have been identified of marginalization and discrimination in order to assume leading roles of active change.

13 Evaluacin de las Polticas Pblicas para Promover la Inclusin Econmica y Social de las Comunidades Afroperuanas [Evaluation of the Public Policies for Promoting the Economic and Social Inclusion of the Afro-Peruvian Communities], Dr. Jorge Ramrez Reyna, July 2010, page 5. 14 Eduardo Goyoneche Ciudad is a lawyer by profession with more than 18 years of activism in the Afro-Peruvian Movement. He has been a trainer in various projects such as Ethno-Education and Human Rights implemented by CEDEMUNEP with the support of the W.K. Kellogg Foundation and Empowering Afro-Andean Leaders funded by the European Community in the framework of the SOCICAN Project of the Andean Community (CAN) and executed in Peru by the Ebony World Center. 15 The Ebony World Center for Youth Articulation and Development is a non-profit civil society organization founded in 1997 whose objective is to work in support of the development and integration of Afro-Peruvian youth. It focuses on leadership and self-esteem, ethno-education, social organization and development, and issues in the field of human rights.

17

Beyond the historic apology

The Afro-Peruvian people is excluded from the governments plans and policies; we are a sector of the population that is invisible to the government, we are not taken into consideration in the States overarching policy. This is a part of an overall view held by the Peruvian citizenry with regards to the Afro-Peruvian people which comes from the period in which the Peruvian nation was founded. We are supposedly treated in a non-racist fashion, we are considered a minority, but as the Afro-Peruvian population we are not taken into consideration in State policies. This exclusion can be seen in the standard of living and disadvantages we experience as Afro-Peruvians with respect to other peoples and ethnic groups; we have no affirmative action or public policies which enable our development in conditions of equality such as is the case for Andean and Amazonian peoples, or that serve to officially highlight our culture. The importance of the Peruvian State recognizing the Afro-Peruvian people stems from two important issues: 1. It is a right that Afro-Peruvians have won by virtue of their work in the country, their contributions to the consolidation of independence, national identity, and national sovereignty, the consolidation of

Peruvian culture in all arenas and expressions, and above all, for the need to effectively put into practice the Constitution in the name of the rule of law. 2. The need to put into practice in a real and effective fashion Convention 169 of the International Labour Organization (ILO), above all in terms of the protection of economic, social, and cultural rights and respect for social and cultural identity, customs, traditions, and institutions and the rights to land and territory. For Agustn Huertas16: the fact that we are not considered in the Constitution implies a lack of acceptance of the AfroPeruvian population by the society in terms of equality of opportunities, despite the fact that we represent approximately 10% of the Peruvian population, which is why Afro communities live in a state of misery. This reality is expressed in figures of todays poverty and exclusion provided by the social sciences: 92% of Afro-Peruvians live below the threshold of extreme poverty 17. The Peruvian State, through quota laws, guarantees the presence of women or men from campesino and indigenous communities, women, and youth in bodies of authority. The quota laws do not benefit Afro-Peruvians, because the Peruvian society and State exclude and discriminate against us, Afro-Peruvian women and youth are simply not considered in the parliamentary or municipal lists, unless they are well-known athletes or artists, and tend to be assigned a number which is difficult to remember if it is for the Congress, or a filler number if it is for the municipality.

18

Agustn Huertas is an Afro-Peruvian leader, a teacher by profession and the current President of the National AfroPeruvian Movement. He is currently training professors in the province of Morropn in the Piura region at the request of the Unit for Educational Management in that locality, thanks to the request made by the Human Rights Ombudsmans Office of Piura to know the number of Afro-Peruvian professors there are in local schools and how the issue of cross-culturalism was being applied. 17 El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amrica [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET, Los Afroperuanos y las Polticas Pblicas [The Afro-Peruvians and Public Policies], Agustn Huertas, President of the Francisco Congo National Afro-Peruvian Movement, page 126.
16

1.4 CERD Committee


In its 75th period of sessions in August 2009, CERD recommended to the Peruvian State in its conclusions and recommendations that it should combat racial dis-

The Peruvian State

crimination by developing a universal national policy against racism and racial discrimination, and asked it to include indicators in its next report, disaggregated by urban and rural populations, of the rights guaranteed by the Constitution for the Afro-Peruvian people, as well as effective protective measures against discrimination in housing, health, and education and the impact of programs which attempt to guarantee economic, social, and cultural rights. Another recommendation was geared towards the economic and human strengthening of INDEPA. The Committee was clear in asserting that the racism that exists in Peru is structural and that the persons who are the primary victims of this scourge are AfroPeruvians who are excluded from national policies and plans, whose standard of living is deplorable in Peru, they are the Afro-Peruvians, the reason CERD expressed its concern to the State so that the latter will focus more attention on Afro-Peruvians. CERD expressed its concern to the Peruvian State regarding both the social inequalities which exist in Peru and the indigenous peoples and Afro-Peruvian communities limited enjoyment of economic, social, and cultural rights, particularly as regards housing, education, health, and employment, despite the economic growth experienced by the State party. The Committee affirmed what the civil society organizations have been asserting for decades the lack of official disaggregated data on the Afro-Peruvian population. The Peruvian State has not carried out studies on their standard of living, it does not officially disseminate information on their real customs and lifestyles or their ethnic-cultural practices, nor does it have a real idea about how may Afro-Peruvians there are, much less what their real needs are.

The Committee recalled that the last year in which Peru implemented a racially disaggregated census was in 1940. Currently, there are some estimates as to percentage and location, but there is no official study within the censuses developed by the National Statistics and Information Institute which provides exact data on the Afro-Peruvians, and as such it recommended to the State that it should improve the census methodology and include disaggregated data in its next report. Finally, the Committee recommended to the Peruvian State to carry out a study on the Afro-Peruvian population to enable the State to specify Afro-Peruvian needs and develop effective action plans, programs, and public policies in all spheres of Afro-Peruvian communities public life. We should also mention the importance of the culmination and presentation of the Report being developed by the Human Rights Ombudsmans Office at the request of several Afro-Peruvian leaders on the state of the Afro-Peruvian peoples human rights, as it will be the first report developed by a Peruvian governmental entity to analyze our problems. We hope recommendations will be proposed for implementation by the State and that above all serves as an example which the Ombudsmans Office itself can provide by establishing Units therein focused on the Afro-Peruvian people. The study from the Ombudsmans Office deals with whether the Peruvian State is or is not implementing affirmative actions and public policies in favor of the Afro-Peruvian people; if the institutions charged with formulating and implementing public policies in favor of the Afro-Peruvian people are doing so or not; and lastly, whether or not a cross-cultural policy which includes the Afro-Peruvian people is truly being implemented.

19

Chapter 2

Afro-Peruvians: Presence and Organization


2.1 The Presence of the AfroPeruvian People in Peru
The presence of the African population in Peru, according to some researchers such as Cheikh Anta Diop18 and Runoko Rashidi19, dates from pre-Columbian times, above all in the Mochica culture, as African physiological characteristics have been found in their ceramics. According to both authors, the Mochicas, Aztecs, and Africans traded amongst each other. Their presence is also visible in Franciso Pizarros epic acts of the Conquest of the kingdoms of Peru, as they accompanied him on his first exploratory visit to Peru and during the phase of conquest. Wilfredo Kapsoli20 notes: The process of the Conquest meant not only the encounter of two cultures a phenomenon of domination and resistance but also the presence and installation of institutions and forms of exploitation unknown in the country. From the very beginning, the blacks, in their capacity as slaves, were allied with the Conquistadors.

20

18 Cheikh Anta Diop (December 29, 1923in Thieytou, region of DiourbelFebruary 7, 1986 in Dakar) was a historian, anthropologist, physicist, and politician who dedicated his life to studying the human race and origins of the African and pre-colonial culture. He proposed the theory that the ancient Egyptians were black Africans, and developed the Afrocentrist theory in contrast to the Eurocentrist theory. 19 Runoko Rashidi is a writer and lecturer whose academic studies are based on demonstrating the fundamentals of African societies. 20 Wilfredo Kapsoli Escudero, historian, researcher, and university professor, has carried out several research projects on the Afro-Peruvian population.

Afro-Peruvians: Presence and Organization

The first trip of the Conquest of Peru departed from Panama in 1524. November 15, 1532 marks the date of both the conquest of the kingdoms of Peru as well as the Encounter of three worlds: Andean, Spanish, and African. The 478 years of documented presence up to the present day of Africans in Peru thus dates from 1532. While it is true that they arrived accompanying the Conquistadors at the beginning, with the passage of time their presence has continued uninterrupted and Afro-Peruvians have worked to make up and consolidate the State. It is easy to demonstrate the contributions of Afro-Peruvians, despite the adverse conditions in which they have been forced to live from the moment of their arrival. In the colonial period, they were forced to live in the most deplorable conditions, treated as inferiors, and despised not only by the Spanish Conquistadors but also rejected by the conquered indigenous peoples. They accompanied the Spanish on their acts of Conquest and participated in all of the attempts at independence which unfolded in Peru. In the attempt at independence carried out by Jos Gabriel Condorcanqui, Tpac Amaru II21, they had a predominant role, such as that of his wife and second-in-command, Micaela Bastidas, daughter of an Afro-descendant and an indigenous person in Peru.

The presence of Afro-Peruvians is also very noteworthy in the armies of Jos de San Martn and Simn Bolvar, in which they played vital roles in the composition of those armies rank and file and, along with indigenous people, were the vast majority. San Martn, as a way to have larger numbers of troops, granted freedom to children born of slaves [libertad de vientres] after the independence of Peru was declared. Afro-Peruvians also were members of the armies which competed for the presidency of the Republic between General Rufino Echenique and General Ramn Castilla from the conflicts with their bordering neighbors; in 1854, General Ramn Castilla, in alliance with the civilian politician Domingo Elas, took up arms. It was in these circumstances that Echenique, following a line which had already been utilized in the Wars for Independence, offered freedom to all slaves who fought for the Constitutional Army. Castilla declared that the objective of his revolution was to recognize and guarantee the rights of humanity that has been oppressed, exploited, and ridiculed through the Indian tax and black slavery. At the same time and with great political skill, assuming the role of Provisional President, he turned against Echeniques offer of freedom, saying that it would induce the slaves to rescue their lives in a civil war which they did not understand, given that they had never been allowed to acquire political ideas during their servitude. Consequently, he unconditionally restored the freedom of all slaves and freed slaves in general22. Slavery was officially abolished in Peru on December 3, 1854 by Marshal Ramn Castilla y Marquesado; he is also attributed with having ended the indigenous tax and death penalty. Nonetheless, the legacy of slavery can be seen up to our own day: one needs only visit the agricultural areas of Chincha to see AfroPeruvians harvesting cotton to see the conditions in which they live.

Jos Gabriel Condorcanqui Noguera, Tpac Amaru II (March 1738-May 1781), led a major indigenist and independence movement in the viceroyalty of Peru. He was the first to call for the liberation of all of the Americas and fought for the definitive separation of Peru from Spain and the suppression of all forms of exploitation. On November 10, 1780, he called for the abolition of slavery. 22 Fernando de Trazegnies Granda, discourse commemorating 150 years since slavery was abolished in Peru. National Academy of History. December 14, 2004, lawyer and writer, ex-Minister of Foreign Affairs and Chancellor of Peru (19982000).
21

21

Beyond the historic apology

2.2 The Peruvian Populations Perception of the Afro-Peruvian People


In Peru both the indigenous peoples and libertarians demonstrate prejudice against Afro-Peruvians and everything they represent, regardless of the fact that the latter arrived with the Spanish Conquistadors, their suffering, mistreatment, and humiliations during the colonial period, and their part in the fight for Perus independence. This attitude on the part of the majority of Peruvians is promoted in different ways through the media, the indifference of the Peruvian State and its principal officials, and above all by the social stereotypes which tend to be held of Afro-Peruvians, presenting the men as either delinquents, bums, or dirty, or as good athletes and dancers, and the women as, in the best-case scenario, domestic servants such as washerwomen, cooks, and nannies, and in the worst-case scenario as sexual objects. These stereotypes of Afro-Peruvians have a long history in Peru: they began in the colonial period and continue up to the current day. In 1928, Jos Carlos Maritegui,23 author of the famous Seven Essays Interpreting Peruvian Reality, an essay which is considered to be the analytical basis of Perus national reality, stated: . . . [T]he contribution of the blacks, who came as

slaves, appears to be ever smaller and more negative. The blacks brought with them their sensuality, superstition, and primitive nature. They are not in a condition to contribute to the creation of any culture; to the contrary, they obstruct it through the crude and living influence of their barbarity.24 This essay is obligatory reading in Peru for high school students, as well as being the analytical basis of Perus social problems utilized by the field of social sciences in the universities. In Peru, the so-called leftist parties are those which seemingly represent the interests of the people, the oppressed, excluded, and marginalized. In Peru, the so-called Father of the Peruvian Left is none other than Jos Carlos Maritegui and as he is the one who illustrates the thinking of the defenders of the people or the working class, wherein Afro-Peruvians are commonly placed, it is easy to understand why we Afro-Peruvians are excluded from the social support plans and programs in Peru. While it is true that in November 2009 the Peruvian State asked the Afro-Peruvian people for forgiveness for victimizing them through racism and racial discrimination and oppressing them up to the current day in ways that limit their social, economic, work, and educational development, this request for forgiveness has not translated into concrete actions which can facilitate their social and cultural integration. As Wilfredo Ardito Vega25 notes This group has continued to confront negative stereotypes, adverse practices of work selection, and indiscriminate police repression. In contrast to other victims of racism, such as the mestizos and Andean peoples who represent majority sectors of the population, the blacks are a minority which the rest of the groups do not trust. However, it continues to be perceived as elegant to have a black doorman stationed at the entrance of hotels, restaurants, and casinos in Lima submissively recei-

22

23 Jos Carlos Maritegui (June 1894 April 1930) was a sociologist, author, and promoter of the indigenist movement. As a Peruvian essayist, he was one of the most influential thinkers in the arena of reflections on Peruvian culture and society. He was a well-known political activist and founder of the Peruvian Socialist Marxist Party. His most famous work is Seven Essays Interpreting the Peruvian Reality. 24 Jos Carlos Maritegui, Seven Essays Interpreting the Peruvian Reality, p. 257. 25 He holds a Masters Degree in International Human Rights Law and is a university professor and member of the Anti-Discrimination Roundtable of the National Coordinating Body on Human Rights.

Afro-Peruvians: Presence and Organization

ving the clients with light-colored skin, as if we were still living in the times of slavery. This demonstrates that reactionary thinking continues to exist among Peruvians: far from initiating a process of true national reconciliation, they prefer to maintain outdated beliefs in order to keep Afro-Peruvians in poverty, exclusion, and abandonment. It is thus understandable that officials of INDEPA or of the Cross-Cultural Directorates, from both the Ministry of Education and Health or even the Ministry of Women itself who are charged with making public policies, speak in the presence of the three peoples and only talk about two of them. As Jorge Ramrez comments, it is impossible that they the representatives of INDEPA can stand in front of us and not see us; we must tell them repeatedly, look at us, here we are, the Afro-Peruvians.

tics, styles, and lifestyles derived from the groups mentioned above. Unfortunately, the content of languages used to distinguish among the existing ethnic groups is not applicable to Afro-descendants, in that as a result of transculturation, they lost their mother tongues, with some of the languages mixing with Spanish, producing to some degree hybrid languages. The only existing official information pertaining to the number of Afro-Peruvians which is not mentioned in Perus report to CERD is compiled in a document of INDEPA which states that there are 3 million Afrodescendants that is, 5% of the overall population who are mainly located on the coast. It additionally states that they occupy 7.5% of the national territory and have the characteristics of a campesino population. This data is taken from the Instituto Nacional de Estadstica e Informtica [National Institute of Statistics and Information] (INEI) from 2005. A study carried out by INEI in 2002 of the Afro-Peruvian population identified 106 towns with Afro-Peruvians, 89 of them in the southern coastal region and 17 in the northern coastal region. According to the definitive results of the 2005 INEI Census, the socioeconomic state of this population is one of poverty and extreme poverty, despite their long agricultural tradition and contributions to the economic development and formation of the culture and identity of the Nation-State 26. This complementarity is very important, as INDEPA is the institution of the Peruvian State in charge of public policies and establishing development mechanisms for the Afro-Peruvian people: by establishing an official figure, it can be taken as a basis for the development of governmental intervention actions and mechanisms.

2.3 Percentage of the Population that is Afro-Peruvian


There is no census which permits us to precisely know how large the Afro-Peruvian population is, given that since the 1940 census the term race has not been included in them; however, we reproduce below what the Peruvian State included in its report to CERD in January on pages 19 and 20: The Afro-Peruvian Population: In terms of the AfroPeruvian population, we are currently unable to exactly establish differentiated ethnic groups; nonetheless, going back in time we can point to certain ethnic African groups that came to Peru and gave rise to the current Afro-descendant population, highlighting the Lucum, Terranovo, Mandinga, Misang, Cong and Carabal peoples, among others. It is to be assumed that todays Afro-descendant population still conserves characteris-

23

26 Contributions to an intercultural approach, INDEPA, 2010. P. 21.

Beyond the historic apology

Geo-ethnic Map27
LEGEND
REGION
I. AREQUIPA

PROVINCE
CARAVELI ACARI

DISTRICT

TOWNS
1. Acari Antiguo 2. Chocavento 3. Bella Unin 4. Motocachi 5. San Jacinto 6. San Jos 7. Alto Laran 8. Anyoque 9. La Calera 10. El Pedregal 11. El Hornillo 12. Huamampali 13. El Juncal 14. Canyar 15. Lurn Chincha 16. Miraflores 17.Chacarilla 18.Chamorro 19. Caapay 20. El Carmen 21. El Guayabo 22. Guerrero 23. Hoja Redonda 24. Huarangal 25. Las Huacas 26. Pinta 27. Punta de la Isla 28. Roncero Alto 29. Roncero Bajo 30. San Jos 31. San Luis 32. San Regis 33. Tambo Caete 34. Tejada 35. Via Vieja 36. Tambo de Mora 37. El Cote 38. Pisco 39. El Pato 40. Manrique 41. San Jos 42. San Jacinto 43. La Tinguia 44. Parcoma 45. Acomayo 46. Santa Rosa de Cachiche 47. Manzanilla 48. Huaman 49. Pampa de la Isla 50. San Jos de los Molinos 51. Cahuachi 52.El Ingenio 53. San Jos 54. Estudiante 55. La Vanda 56. San Pablo 57. Cabildo 58. Changuillo 59. Conyungo 60. Jurez 61. La Legua 62. San Javier 63. San Juan 64. Vista Alegre 65. Capote 66. Zaa 67. Carmen de la Legua 68. La Perla 69. Ventanilla 70. Callao 71. La Punta 72. San Luis 73. La Quebrada 74. Santa Brbara 75. San Vicente 76. Herbay Alto 77. San Benito 78. Mala 79. Quilmana 80. Coayllo 81. Aucallama 82. Brea 83. Chorrillos 84. Jess Mara 85. La Victoria 86. Lince 87. San Miguel 88. Surquillo 89. Villa El Salvador 90. San Juan de Lurigancho 91. Cercado 92. San Martn de Porres 93. Latina 94. San Juan de Bigotes 95. Morropn 96. Santa Catalina de Mossa 97. La Alberca 98. Malacasi 99. Serran 100. Cruz Pampa 101. Chapica 102. Talandracas 103. Yapatera 104. Buenos Aires 105. El Ingenio de Buenos Aires 106. La Pilca 107. Matanzas 108. Salitral 109. Locumba 110. Sama 111. Las Yaras 112. Sama Grande

BELLA UNIN II. ANCASH SANTA NEPEA

III. ICA

CHINCHA

ALTO LARAN

CHINCHA BAJA EL CARMEN

TAMBO DE MORA PISCO PISCO INDEPENDENCIA

ICA

ICA SAN JOS DE LOS MOLINOS MOLINOS NAZCA EL INGENIO

CHANGUILLO

VISTA ALEGRE IV. LAMBAYEQUE V. LIMA CHICLAYO CALLAO PICSI ZAA CARMEN DE LA LEGUA LA PERLA VENTANILLA CALLAO LA PUNTA SAN LUIS SAN VICENTE NUEVO IMPERIAL MALA QUILMANA COAYLLO BREA CHORRILLOS JESS MARA LA VICTORIA LINCE SAN MIGUEL SURQUILLO VILLA EL SALVADOR SAN JUAN DE LURIGANCHO CERCADO SAN MARTN DE PORRES

CAETE

HUARAL LIMA

VI. PIURA

MORROPN MORROPN

CHULUCANAS

BUENOS AIRES

SALITRAL VII. TACNA JORGE BASADRE TACNA LOCUMBA SAMA INCLAN

24

2.4 The Afro-Peruvian Peoples Organizational Process


The first manifestations of the Afro-Peruvian peoples organizing took place during slavery, at a time when the church and slave-owners forced them to organize themselves into guilds as a way to instill fear
27

Source: INDEPA.

into them regarding their supposed pagan customs, religiosity, African cosmovision, and organizational models, in order to maintain social order in line with their interests and eliminate any possibility of revolt. Nonetheless, these guilds served as a way in which the enslaved people maintained their cultural practices and were spaces wherein they could socialize and have a feeling of belonging and brotherhood governed by their own rules.

Afro-Peruvians: Presence and Organization

Another type of organization developed in slavery times was the palenque, fenced-in areas where runaway slaves (cimarrones) took refuge. These places were politically organized. The most well-known palenque28 in Peru was Huachipa, led by Francisco Congo. In modern times, the descendants of Africans in Peru, or Afro-Peruvians, who lived in alleys (callejones) tended to organize parties there so they could enjoy their culture and uniqueness, giving rise to what today is called a pea (folk club). Beginning in 1986, changes began in Afro-Peruvians organizational practices, resulting in the creation of social movements of greater magnitude and range of action and a proposal for political change which promoted the recognition of the cultural, social, economic, political, religious, and integrationist contributions of Afro-descendants in Peru, as well as respect for their human rights, their inclusion and true recognition as an integral part of the Peruvian society, and their inclusion in national policies and plans.

cess developed in 1973 with the objective of promoting greater participation of Afro-Peruvian youth in universities. The Instituto de Estudios Afroperuanos [Institute of Afro-Peruvian Studies] (INAPE) was founded in 1976, driven by the members of ACEJUNEP but geared towards research into the history and lifestyles of AfroPeruvians. With the birth in 1986 of the Francisco Congo Black Movement,29 these processes began to take on a different kind of organization with a budding ideological approach in the sense that the principal reason for organizing themselves was the unity based on skin color and not the fight against racism, discrimination, and social exclusion or the conquest of power. They have been well received socially and have created a very high degree of expectation among Afro-Peruvians, as the need to organize was being discussed within Afro-Peruvian social spheres for the first time. Emerging along with the Francisco Congo Black Movement was another organizational proposal with an integrationist perspective: the Movimiento Pro Derechos Humanos del Negro [Movement for Black Human Rights]. It later changed its name to Asociacin Negra de Defensa y promocin de los Derechos Humanos [Black Organization for the Defense and Promotion of Human Rights] (ASONEDH). Internal problems, lack of ideas that went beyond skin color-based unity, and above all not being able to analyze deeply the consequences of racism and ethnic-cultural discrimination in the country led these organizational efforts to fail. Beginning in 1994, a change in vision or strategy transpired in the organizational processes of the AfroPeruvian people, moving from movement to centers or NGOs. Since 1994, virtually all of the existing African organizations stopped using the term movement and replaced it with center, organizing themselves as much smaller groups but driving independent organizational processes with an eye towards constituting a large Afro-Peruvian movement. Unfortunately, there is no Peruvian movement, much less a national movement agenda which would allow for concrete advocacy actions before the Peruvian government and State.

2.5 The National Afro-Peruvian Movement


Organizations such as the Melanodernos, which is a Portuguese word meaning dark-skinned men, arose in the 1950s as a part of the Brazilian influence in the initiation of organizational processes. The Asociacin de Jvenes Negros del Per [Association of Young Blacks of Peru] (ACEJUNEP) is an organizational pro-

25

28 Palenques were areas to which slaves escaped. Each palenque had its own organizational system; oftentimes, those who led them took on the title of mayor. The slaves who lived there were known as cimarrones (runaway slaves). 29 The Francisco Congo Black Movement, founded on November 29, 1986, was born as an alternative for Afro-Peruvian organization and development. In 1992 it organized the First Encounter of Black Communities of Peru, in which delegates from all Afro-Peruvian communities participated.

Beyond the historic apology

The III World Conference against Racism, held in Durban, South Africa, helped the Peruvian organizations. The exchanges between them and other regional organizations and the ability to share experiences enabled the leaders of the Afro-Peruvian movement to reflect on internal conditions and how discrimination developed in Peru.

2.6 The Afro-Peruvian Movements Form of Struggle


In interviews with leaders of Afro-Peruvian organizations, we were able to identify that the key struggle of the Afro-Peruvian movement combines the following elements: The fight against exclusion and ethnic, cultural, and racial discrimination. The fight for social, economic, educational, gender, and political recognition that is, constitutional recognition as the Afro-Peruvian people. The fight for an ethno-cultural revaluation of the Afro-Peruvian people. The fight against exclusion and ethno-cultural and racial discrimination is the principal thrust which needs to be developed not only by the Afro-Peruvian organizations, but also by the Afro-Peruvian people as a whole, given that this is the most significant problem which they confront regardless of their educational or economic level, or their political or organizational affiliation, since regardless of these things, Afro-Peruvians are the frequent victims of it and it is the basis of their terrible living conditions in Peru. Occasionally, State responses are formal, with small initiatives which provide support to a particular people in order to show that it is providing the same opportunities or treatment as that received by the rest of Peruvian society; however, this is in fact a temporary measure or an image utilized in photos presented to international bodies that gives the impression that the situation of Afro-Peruvians in Peru is changing. Exam-

ples of this can be seen in the Historic Apology or in INDEPA, which we will discuss in greater detail below. While Afro-Peruvian leaders identified these three points as the basis for what should make up the principal fight of the Afro-Peruvian movement, all of them without exception have developed additional activities of a social character in Afro-Peruvian communities, initiating work in the areas of identity, self-esteem, and organization. This is due to two things: limitations in terms of the way to confront discrimination, be it because of a lack of analysis of said problems or the little importance given by persons of the communities to publically acknowledging and accepting that they have experienced discrimination and moreover, to identify a neighbor or friend as a discriminator and confront the problem. On a related note, institutional economic limitations exist to developing political consciousness-raising activities on these issues. The fight for an ethno-cultural revaluation of the AfroPeruvian people is a very difficult fight for several reasons: firstly, because no aspect of Afro-Peruvian culture is officially disseminated or taught by the Peruvian State; secondly, as a result of discrimination, racism, and the influence of the media, many young Afro-Peruvians reject cultural Afro-Peruvian expressions; and thirdly, when an Afro-Peruvian cultural manifestation is accepted socially, it ceases to be considered AfroPeruvian and becomes simply an expression of creole culture.

2.7 Afro-Peruvian Organizations


Currently the most representative organizations are: 1. Asociacin Negra Margarita [Margarita Black Association]. 2. Asociacin Negra de Defensa y Promocin de los Derechos Humanos [Black Organization for the Defense and Promotion of Human Rights] (ASONEDH). 3. Asociacin Cultural de Promocin y Desarrollo Todas las Sangres [All Bloods Cultural Association for Promotion and Development].

26

Afro-Peruvians: Presence and Organization

4. Centro de Desarrollo tnico [Center of Ethnic Development] (CEDET) . 5. Centro de Articulacin y Desarrollo Juvenil Mundo de Ebano [Ebony World Center for Youth Organization and Development]. 6. Centro de Desarrollo de la Mujer Negra Peruana [Center for Black Peruvian Womens Development] (CEDEMUNEP). 7. LUNDUCentro de Estudios y Promocin Afroperuanos [Center for Afro-Peruvian Studies and Promotion]. 8. Fuerza por la Paz [Strength for Peace]. 9. MAKUNGU para el Desarrollo [MAKUNGU for Development]. 10. Movimiento Nacional Francisco Congo [Francisco Congo National Movement] (MNFC).

11. Movimiento Negro Francisco Congo [Francisco Congo Black Movement]. 12. Mujer Negra y Desarrollo [Black Women and Development]. 13. Organizacin para el Desarrollo de los Afrochalacos [Organization for the Development of the Afro-Callao People] (ODACH). 14. Organizacin para el Desarrollo y la Identidad del Rmac [Organization for Rmac Development and Identity] (ODIR). 15. Per Afro [Afro Peru].

27

Chapter 3

Racism in Peru
3.1 Manifestations
Racism is an ideology or doctrine of racial superiority that seeks to maintain a race in conditions of inferiority vis--vis another which is supposedly above it in order to exploit it and obtain multiple benefits from its supposed position of inferiority. I understand racism to be a doctrine which seeks to disappear, annihilate, and exterminate all races or human beings with different ethnic and cultural characteristics. even the disdain for and rejection of their entire ancestral legacy, physiological characteristics, and cultural expressions. In Peru, the manifestations of racism are very strong and efficient, so much so that the majority of the persons who are victimized by racism have trouble distinguishing an expression or manifestation of racism, and instead accept it as being normal or something that can happen to others although never to them. A study carried out by Estudio para la Defensa de los Derechos de la Mujer [Study for the Defense of Womens Rights] (DEMUS), the 2005 National Survey on Social Exclusion and Discrimination, reveals that 14.9% of Peruvian society is very racist, 31.6% is quite racist, and 36.8% is somewhat racist, and that as a whole, 83.3% of Peruvian society is racist30. The Diagnostic Study on the Quality of Life of AfroPeruvian Women, carried out by CEDEMUNEP in 2009,

28

In order to achieve their objective, racists develop a series of strategies and actions which oftentimes end up convincing the victims of racism to assume an inferior nature. This is manifested in moral subjugation,
30 DEMUS: 2005 National Survey on Social Exclusion and Discrimination, p. 8, cited by Eduardo Palma in Diagnostico Sobre Condiciones de Vida de las Mujeres Afroperuanas [Diagnostic Study on the Afro-Peruvian Womens Quality of Life], CEDEMUNEP 2009.

Racism in Peru

found that 98% of the 709 Afro-Peruvian women surveyed stated that racism exists in Peru and 81.6% stated that the ethnic group experiencing the greatest degree of racism in Peru is the Afro-Peruvian people. However, when they were asked if they had been victims of racism in school or work or due to their mode of dress or speaking, the majority said no. This response is due to the fact that it is very difficult for an overwhelming majority of Afro-Peruvians to recognize that they have been victims of racism or racial discrimination because of three issues: Racism is assumed to be something normal or natural and people perceive it as something which much be manifested in direct actions such as physical or verbal aggression or with laws such as apartheid. People are very embarrassed to acknowledge that they have been victims of racism and the majority rejects the category of black or descendant of African slaves and instead adopts the terms darkskinned (moreno) or zambo (person of mixed black and indigenous origin), as these are considered socially better. Those who use the term black say that they have never been the victims of racism, due to the fact that they are strong or that they get along with everyone and that racism is something which happens to others who are not as strong. Racism in Peru created a range of social acceptance based on skin color, in which the lighter ones skin or the less melanin one has, the more socially acceptable one is; thus, by denying the amount of melanin one has, one is less Afro-Peruvian.

This refusal on the part of Afro-Peruvians to accept that they are victims of racism in all of its manifestations is what prevents them from recognizing their conditions of poverty or extreme poverty with significant minimal needs going unaddressed, permanent exclusion from and no participation in decision-making mechanisms, and the lack of attention given to them by the government. The above is part of the structural racism experienced by Afro-Peruvians in Peru. Racial discrimination directly or indirectly prevents discriminated groups from having access (or equal access) to essential means of subsistence such as land, work, housing, education, family planning services, and healthcare. The poverty of discriminated groups is a result of racism, which in turn is related to resource distribution. Exclusion is one of the facets of contemporary racism, regardless of whether we view racism as being a cause or a result.31 In the majority of cases, Afro-Peruvians tend to associate their current life conditions with factors such as bad luck or being abandoned or forgotten by God and not to issues that are primarily in the hands of the men and women who lead the country and do not offer the minimally necessary conditions which all citizens require for being able to develop in conditions of equality along with other ethnic groups. It must be understood that the conditions of Afro-Peruvians lives are intimately related to social, economic, work, educational, cultural, and other forms of exclusion of which they are daily victims. The mechanisms which produce discrimination are complex. These do not always appear to be the immediate reasons for the open and direct rejection of a particular person or group due to his/her/their traits. There are forms of discrimination which spring indirectly from motivations based on experiences associated with particular attributes and expected results.

29

31 Situacin de los Afroamericanos: marginacin a causa de la raza y la pobreza, actitudes frente a la identidad cultural [The State of Afro-Americans: Marginalization Due to Race and Poverty, Attitudes Regarding Cultural Identity]. Work document prepared by Edna Mara Santos Roland, p. 4.

Beyond the historic apology

Such is the case with so-called statistical discrimination which occurs when preferential treatment is given to a certain type of person based on expectations of his/her performance resulting from past experiences. It should be noted that discrimination is related to factors associated with peoples attributes (gender, race, age, etc.) and directly as a result of them. This is what occurs, for example, when employers utilize observable variables in the employment market to statistically infer the degree of productivity or salary of economic agents.32 A consequence of racism is seen in the low degree of identity and self-esteem of the overwhelming majority of Afro-Peruvians which considerably limits their personal development and progress. This leads them to be satisfied with the little they are able to achieve in their lives and to attempt to always be equal in terms of their physiological characteristics to those who are apparently successful and beautiful and have and deserve everything. According to Jorge Ramrez Reyna, the president of ASONEDH, the harmful effects of discrimination translate into a loss of self-esteem and personal and group identity. The economic and social plan deprives them of equitable and equal access to the enjoyment of the possibilities of development from their own particular perspective, generating a climate of frustration and violence as a consequence of the permanent lack of satisfaction of their needs.33 This lack of identity and self-esteem directly impacts the bosom of Afro-Peruvian families in a negative fas-

hion by promoting inter-ethnic relationships in order to improve the race.

3.2 The National Regulatory Framework


There are two laws in Peru which penalize discrimination: Law 26772 of 1997, known as the Anti-Discrimination Law, which was modified in 2000 by Law 27270 related to discrimination in the workplace and in educational institutions and establishes: Article 1. Employment offers and access to educational training shall not contain requirements which constitute discriminating against, overturning, or altering the equality of opportunity or treatment. Article 2. Discrimination is understood to mean the overturning or altering of the equality of opportunities or treatment, in personnel requirements, in the prerequisites for accessing centers of education and technical and professional training entailing different treatment based on reasons of race, gender, religion, opinion, social origin, economic status, marital status, age, or of any other kind. Article 3. Individuals or legal entities which, in the exercise of their activities through their officials or dependents, demonstrate conduct entailing discriminating against, overturning, or altering the equality of opportunities or treatment in employment offers shall be punished by the Ministry of Employment and Social Promotion, and when such actions deal with access to educational institutions, they shall be punished by the Ministry of Education. This law is very important because for the first time, the crime of discrimination was incorporated into the Peruvian Criminal Code, imposing incarceration of no

30
32 Martn Benavides, Mximo Torero, and Nstor Valdivia. Ms All de los Promedios: Afro-descendientes en Amrica Latina [Beyond Averages: Afro-Descendants in Latin America], Chapter III, 2006, p. 16. 33 Jorge Ramrez Reyna in the Latin American and Caribbean region. La raza y la Pobreza: Consulta Interagencias sobre Afrolatinoamericanos, memoria de la mesa redonda sostenida el 19 de junio 2000 en Washington, DC [Race and Poverty: An Inter-Agency Consultation on Afro-Latin Americans Minutes of the Roundtable Held on June 19, 2000 in Washington, DC], p. 16.

Racism in Peru

less than two years and no greater than three years as punishment. Law 27049 relates to discrimination in consumption and its precursor is Legislative Decree 716, which reads: Article 1. Detail of section (d) of Article 5 of Legislative Decree 716: Specifically, section (d) of Legislative Decree 716 establishes that all consumers have the right to have their economic interests protected through equitable and just treatment in all commercial transactions. It asserts that consumers shall not be discriminated against on the basis of race, gender, socioeconomic status, language, physical handicap, political views, religious beliefs, or any other basis, in the acquisition of products and the provision of services offered to the public in open places. Article 7.B. is added to Legislative Decree 716 with the following text: Article 7.B. Providers shall not be able to discriminate in any way against seekers of products and services which the former offer to the public in open places.

It is prohibited to select clientele, exclude persons, or carry out other similar practices without taking into account the causes of the security of the establishment or tranquility of their clients or other objective and justified reasons. However, as occurs in other countries, the burden of proof as to the existence of unequal treatment corresponds to the affected consumer or, as the case may be, the one who represents him/her in the lawsuit or the administration when it acts ex officio. It is the job of the provider of the good or bad service to accredit the existence of an objective and justified cause. If the provider demonstrates the existence of an objective and justified cause, it is up to the person alleging the action to prove that that action in reality is a pretext or simulation in order to commit discriminatory practices. This law was necessary, given that there had been several televised complaints against the prohibition made by discotheques regarding the admittance of Afro-Peruvian and indigenous people. While it is a good law, a problem appeared afterwards because these and other discotheques became private clubs which only admitted their supposed members.

31

Chapter 4

Afro-Peruvian Human Rights


4.1 The Afro-Peruvian Peoples Principal Problem
Racism and racial discrimination are the principal structural problems faced by Afro-Peruvians which prevent the full respect for and their enjoyment of their human rights. This racism is manifested daily through social, educational, political, and economic exclusion as well as ethno-cultural discrimination. that suffer the deepest poverty are those that simultaneously suffer the consequences of exclusion and experience discrimination: indigenous people and Afrodescendants.34 In our country it is very easy to identify the human face of poverty, its ethnic group, and above all its geographic location; to know where the poor are, all one needs to do is visit Afro-Peruvian communities. The exclusion of the Afro-Peruvian people is a State policy that is applied by all governmental agencies and bodies. Such is the case with INDEPA, which to date has not developed any proposal of public policies in favor of the Afro-Peruvian people, nor has it even published an analysis of the Afro-Peruvian peoples problems and situation. Significant remnants from the period of slavery continue to persist in Peruvian society and must be stamped out on two levels. Firstly, the exclusion and marginali-

32

The above makes any possibility of progress and development as a people impossible. In Peru, the groups
34 Ms All de los Promedios: Afrodescendientes en Amrica Latina Pobreza, Discriminacin Social e Identidad: El Caso de la Poblacin Afrodescendiente en el Per [Beyond the Averages: Afro-Descendants in Latin America, Poverty, Social Discrimination, and Identity: The Case of the Afro-Descendant Population in Peru]. Martin Benavides, Mximo Torero, and Nstor Valdivia, p. 16.

Afro-Peruvian Human Rights

zation of the Afro-Peruvian people which is promoted, permitted, and tolerated by the State. Secondly, the voluntary yet unconscious resignation of Afro-Peruvian citizens and organizations by not fighting resolutely against this social scourge within their own processes and then later externalizing it to communities and the public in general. These remnants of slavery times make it impossible for Afro-Peruvian organizations to work together in a concerted and harmonious fashion, and instead make it so that they develop a type of disloyal competition.

they have appropriated for themselves. It is thus difficult to document the real state of their human rights. An overview of the state of their civil and political rights or economic, social, and cultural rights also passes through a process of appropriation and internationalization of their rights which many Afro-Peruvians do not have. As was mentioned earlier, Afro-Peruvian organizations do not work on the issue of human rights training, among many factors, due to the lack of professionalization of the Afro-Peruvians themselves regarding the topic which leads them to not know their rights. It is important to highlight here the cross-cutting character of the discrimination endured by this population: the discriminated person is deprived of enjoying his/ her rights by appealing or utilizing various factors or mechanisms 36. In Peru, the Afro-Peruvian peoples human rights are systematically violated. Some people suggest that it is not done systematically because the State does not direct the violation of human rights; they also assert that racism in Peru is hidden and indirect. However, the above is far from the truth. In Peru human rights are customarily violated in all structures of the Peruvian State, be it the Presidency of the Republic and its resultant Council of Ministers, the Congress of the Republic, judicial branch, or even INDEPA, the body charged with ensuring the implementation of public policies for Afro-Peruvians. The systematic omission of actions which improve the life conditions of the Afro-Peruvian people who make up 5% of the national population of 29 million inhabitants also constitutes a flagrant violation of their human rights, as it is difficult to understand how an important sector of the Peruvian population does not have basic services such as water, electricity, or housing and lacks access to healthcare, education, and dignified employment.

4.2 The State of the Afro-Peruvian Peoples Human Rights


One hundred fifty years after the abolition of slavery, they have still not achieved real inclusion in the countrys community and productive life 35. In Peru, racism and racial discrimination borne by AfroPeruvian communities is evidenced in the many examples of lack of access, inequality of opportunities and treatment, and a set of situations which produce social exclusion and marginalization. The invisibility of their problem translates into the fact that it is not recognized as a people with its own identity; as such, they are subject to special existing law. The existence of the Afro-Peruvian population is not recognized as such because it is integrated into the society at large, there are no autonomous communities in existence, nor any territory that is their own or that

33

35 EEl Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amricas [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET Los Afroperuanos y el Plan Nacional de Derechos Humanos, p. 103. 36 Ibd. p. 103.

Beyond the historic apology

Affirmative action and public policies are needed which as a first step guarantee the Afro-Peruvian peoples access to government decision-making agencies, promote real social integration among all Peruvians, and respect their differences. It is thus necessary to begin working in the very same places where Afro-Peruvians commonly live, as a way to highlight and value their contributions to society. Local spaces are indispensable for making visible the Afro problem and offer the possibility of developing experiences, given the nearness of local government to the population. If the issue of Afro-descendants can become part of the plans agreed to in local areas, it would represent an impressive step forward taken

in the construction of spaces for the inclusion of the countrys Afro-descendants37. There are 112 communities in Peru identified as being Afro-Peruvian. If mechanisms for dialogue and participation on the part of Afro-Peruvians were established within the decision-making spaces in each of the districts where these communities are located, it would represent a significant step forward to solving their problems. Moreover, if educational, health, or road infrastructure works were implemented through a participatory budget process, it would be very important. For example, resources could be allocated for training teachers and public officials on Afro-Peruvian issues with local Afro experts.

34
37 El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amricas [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian In View of the Agreements of the Regional Conference of the Americas], CEDET Afrodescendientes, Partidos y Poltica en Per [The AfroDescendants, Parties, and Policy in Peru], Augusto Malpartida Len, p. 134.

Afro-Peruvian Human Rights

Departmental Poverty Map 2006. FOCONDES


Updated with the process indicators, 2007
Deparment Population 2007 27.428.169 375.925 1.063.459 404.190 1.152.303 628.569 1.387.809 876.877 1.171.403 454.797 762.223 711.932 1.225.474 1.617.050 1.112.868 8.445.211 891.732 109.555 161.533 280.449 1.676.315 1.268.441 728.808 288.781 200.306 432.159 % Rural Pop 24% 56% 36% 54% 9% 41% 67% 0% 45% 68% 58% 11% 33% 25% 20% 2% 35% 27% 15% 38% 26% 50% 35% 9% 9% 25% 1 3 1 4 1 1 5 2 1 1 3 3 3 3 5 1 3 4 1 2 2 2 4 3 2 Average Lack of Needs Index % Population without Water 23% 48% 20% 40% 15% 37% 26% 15% 31% 60% 53% 14% 33% 22% 11% 11% 42% 20% 20% 55% 29% 27% 36% 9% 23% 28% Sewage 17% 17% 26% 25% 9% 30% 19% 3% 30% 58% 26% 14% 21% 18% 10% 5% 31% 19% 16% 49% 31% 36% 12% 9% 21% 20% Electricity 24% 54% 25% 41% 12% 44% 59% 5% 34% 42% 56% 20% 25% 26% 23% 6% 39% 31% 16% 31% 31% 39% 41% 13% 16% 34% Illiteracy rate women 11% 18% 19% 32% 7% 27% 26% 2% 21% 30% 24% 4% 12% 12% 9% 3% 8% 5% 8% 12% 12% 19% 11% 6% 4% 6% % Chil- Malnutridren tion rate 0-12 Children 6-9 years years 26% 33% 27% 32% 23% 31% 30% 23% 30% 34% 32% 25% 28% 27% 26% 22% 34% 27% 22% 28% 28% 27% 30% 23% 26% 31% 22% 33% 27% 40% 9% 38% 38% 7% 34% 53% 39% 10% 32% 24% 17% 7% 27% 13% 5% 26% 24% 26% 22% 4% 9% 21% Human Development Index 0,5976 0,5535 0,5776 0,5209 0,6463 0,5280 0,5400 0,7102 0,5377 0,4924 0,5311 0,6481 0,5922 0,6046 0,6271 0,7033 0,5660 0,5997 0,6435 0,5752 0,5714 0,5468 0,5735 0,6685 0,6169 0,5760

TOTAL AMAZONAS ANCASH APURIMAC AREQUIPA AYACUCHO CAJAMARCA CALLAO CUSCO HUANCAVELICA HUANUCO ICA JUNIN LA LIBERTAD LAMBAYEQUE LIMA LORETO MADRE DE DIOS MOQUEGUA PASCO PIURA PUNO SAN MARTIN TACNA TUMBES UCAYALI

35

Quintiles (Averdage rate of poverty) 1=More poor 5=less poor Fuentes: Mapa de Pobreza 2006, FONCODES; Censo de Poblacin y Vivienda del 2007, INEI; Censo de Talla Escolar del 2005, MINEDU; Informe del Desarrollo Humano 2006, PNUD. Elaboracin: FONCODES/UPR.

Beyond the historic apology

PERU: Groups Of Departments According To The Rate Of Extreme Poverty And Degrees Of Significance

Group 1

Huancavelica Apurimac Hunuco Loreto Ayacucho Puno Amazonas Cajamarca Pasco Cusco La Libertad San Martn Junin Piura Ucayali ncash Lambayeque

Group 2

Group 4

Arequipa Tumbes Moquegua Madre de Dios Tacna Lima Ica

Group 5
Rate (%) Group 1 (40.3-46.8) Group 2 (20.7-32.6) Group 3 (6.5-12.9) Group 4 (3.7-4.1) Group 5 (0.4-1.8) Source: INEI Annual National Household Survey, 2009

Group 3

PERU: Groups Of Departments According To The Rate Of Poverty, 2009

G. 1

Huancavelica Apurimac Hunuco Ayacucho Puno Amazonas Loreto Cajamarca Pasco Cusco San Martn Piura La Libertad Junin Lambayeque ncash Ucayali Tumbes

36

Group 4

Group 3

Group 2

Rate (%) Group 1 (77.2) Group 2 (60.0 - 70.3) Group 3 (49.8 - 59.9) Group 4 (30.0 - 49.7)
* Includes the Constitutional Province of El Callao. Source: INEI Annual National Household Survey, 2009

Group 5

Arequipa Moquegua Tacna Lima 1* Ica Madre de Dios

Group 5 (12.7 - 29.9)

Afro-Peruvian Human Rights

4.3 Peru Poverty Map


The poverty map is a map developed by the Fondo de Cooperacin para el Desarrollo Social [Fund for Cooperation in Social Development] (FONCODES). This map allows the Peruvian State to identify the geographic areas with the poorest population and guides public investment projects, despite the fact that the Afro-descendant population in Peru is in the lowest socioeconomic levels whose standard of living is marked by precariousness and poverty38. The Afro-Peruvian people do not appear on the poverty map because they seemingly live in regions which are finally stable and do not require State intervention. The map needs to be disaggregated by districts and towns in order to see the reality of poverty in Peru. For example, we see that districts such as Pueblo Nuevo, among others, in the province of Chincha, region of Ica, have potable water for only three hours every two days; or the case of El Carmen which has a health center staffed with only two people, a doctor and a nurse, to attend to the needs of the entire district, has only a small first-aid kit with medicine similar to what is found in a schools first-aid kit, and the nearest hospital is 50 minutes distant. The Afro-Peruvian people fulfills two requirements which are directly related to extreme poverty exclusion and marginalization and are found within the most vulnerable groups. If we add to that ethno-racial and ethno-cultural discrimination and not being considered a people, we find that they live in disadvantageous conditions as compared to other peoples who enjoy State protection and assistance.
38 Ms All de los Promedios: Afro-descendientes en Amrica Latina, Pobreza, Discriminacin Social e Identidad: El Caso de la Poblacin Afro-descendiente en el Per [Beyond Averages: AfroDescendants in Latin America, Poverty, Social Discrimination, and Identity: The Case of the Afro-Descendant Population in Peru]. Martin Benavides, Mximo Torero, and Nstor Valdivia, p. 15.

The programs to combat poverty are always applied in campesino communities; it is thus of the utmost importance that the Afro-Peruvian people be included in the poverty map created by FONCODES in order to thereby be included in plans, programs, and projects geared towards alleviating poverty such as Crecer [Grow] and Juntos [Together], among others.

4.4 The Media in Peru


The best allies for ending or perpetuating ethnic groups disadvantageous living conditions of are the following: 1. State exclusion and abandonment, leading to poverty, a lack of data, and the humiliating treatment of which they are daily victims. 2. The lack of access to education, and the known consequences in employment, the negative valuation of their cultures, and their low identity and selfesteem. 3. The media, with its consistent perpetuation of negative stereotypes and serving as the source of inspiration for the ridiculing and mockery of discriminated ethnic groups. In Peru some media show comedic sequences in which they disseminate distorted images of Afro-Peruvians. Their phenotypic traits are accentuated in an exaggerated manner: the mens faces are very rough and daily they portray people who are awkward in their movements and ways of thinking and always with a delinquent, irresponsible attitude and the dietary predilections of cannibals. Afro-Peruvian women are always portrayed as sexual objects. These images have very negative consequences in the lives of Afro-Peruvians and the society in general, as they negatively impact identity and self-esteem, keep racism and racial prejudice alive in the ideal of Peruvian society, and make it impossible to achieve true integration among Peruvians, instead fomenting hatred

37

Beyond the historic apology

and rancor under the pretext of entertaining television audiences. The most recent case of the dissemination of racist attitudes in the media is the comic program El Especial del Humor [The Humor Special], in which the actor Jorge Benavides portrays an Afro-Peruvian man in the sequence El Negro Mama [The Black Man Feeds], in which this characters actions are related to delinquency and cannibalism and he repeats the phrase Soy Negrito, pero tengo mi cerebrito [I am Black but I have my little brain], implying that Afro-Peruvians did not have brains. In his case, however, he uses his to be delinquent.

This complaint was lodged at the court of the National Association of Advertisers (ANDA), the body charged with regulating the content of television programs. The controversy following the attempts at reconciliation between LUNDU and Jorge Benavides ended in the punishment imposed on the comedian of having to apologize. This had not been among the terms required by LUNDU, much less attending to the request to cancel said program. There was only a supposed moderation of the character, as it would no longer portray delinquent attitudes but would continue to maintain its exaggerated physical traits and awkward movements and ways of thinking, among others.

4.5 The State of Education for the Afro-Peruvian People


There is an urgent need to modify the school curriculum so as to include the fact that the Afro-Peruvian people are a part of the Peruvian nation their history and participation must be studied by all Peruvians and in order to do this it will be necessary to train the teachers so that they will correctly teach about the history, participation, and contributions of the Afro-Peruvian people in Peru. In order for the teachers to be able to provide an adequate and suitable response to the manifestations of racism and ethno-cultural discrimination in educational institutions, all school curricula are also political tools which dictate which culture is legitimate to be passed on; thus, the laws establish the frameworks in which curriculum plans are developed.39 What is taught in the educational curriculum must reflect the ideal of the country we wish to have, in which all ethnic groups are represented and treated equally. The educational curriculum of a country wishing to develop and progress cannot continue to systematically exclude the ethnic groups that are a part of it. Education is the foundation for peoples development and a people must be consolidated on a foundation of

In 2010, the Afro-Peruvian organization LUNDU Centro de Estudios y Promocin Afroperuanos [LUNDU Center for Afro-Peruvian Studies and Promotion], led by its director Mnica Carrillo, presented a formal complaint against the racist acts portrayed in El Negro Mama.

38
39 El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdo de la Conferencia Regional de las Amricas [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian In View of the Agreements of the Regional Conference of the Americas], CEDET Aspectos de la incorporacin de la Accin de los Afrodescendientes y la Historia Africana en los Planes Curriculares [Aspects of the Incorporation of the Actions of Afro-Descendants and African History in Curricular Plans]. Mximo Estupin Maldonado, p. 138.

Afro-Peruvian Human Rights

integration and equity as a way to guarantee that its development will be complete and sustainable. Afro-Peruvian scholars, analysts, and human rights defenders must be included in the educational system to assist, guide, and train teachers and Ministry of Education and Unit for the Management of Local Education (UGEL) officials, as well as being a part of the foundation that promotes ethno-social and cultural integration among all Peruvians. The General Law on Education establishes: Article 8: Principles of education Peruvian education holds that the individual is the center of and key agent in the educational process. This is maintained by the following principles: a. Ethics, which inspire an education that promotes the values of peace, solidarity, justice, honesty, tolerance . . . b. Equity, which guarantees equal opportunities of access, permanence, and treatment to all in a quality educational system. c. Inclusion, which incorporates persons with disabilities and excluded, marginalized, and vulnerable social groups, particularly in rural areas, without distinction by ethnicity, religion, gender, or other cause for discrimination, thereby contributing to the elimination of poverty, exclusion, and inequalities. d. Democracy, which promotes the unlimited respect for human rights, freedom of conscience, thought, and opinion, the full exercise of citizenship, and the recognition of popular will, and which contributes to mutual tolerance in the relations between individuals and between majorities and minorities as well as the strengthening of the rule of law. e. Cross-culturalism, which views cultural, ethnic, and linguistic diversity as a source of the countrys
40

wealth and sees the recognition of and respect for differences, as well as mutual knowledge and an attitude of learning about the other as a way to harmoniously coexist and have exchanges with the worlds diverse cultures. We the Afro-Peruvians can affirm that the General Law on Education is not complied with in our communities in that Peruvian education is not inclusive much to the contrary, it is an exclusive education, foreign and aloof to the Afro-Peruvian people. In our interview with Dr. Heriberto Bustos Aparicio, Director-General of the Direccin General de Educacin Bilinge e Intercultural [General Directorate of Cross-Cultural, Bilingual, and Rural Education] (DIGEIBIR), we asked him to tell us which aspects of Afro-Peruvian life, contributions to the consolidation of the Peruvian nation, and parts of the Afro-Peruvian peoples history were included in school textbooks; he was unable to respond. We also asked him about the number of Afro professors in Afro communities, another issue of which he knew nothing. When we asked him about the process of appointing teachers in communities whose mother tongue is not Spanish, he responded that the teachers who are hired must have an understanding of the mother tongue and culture of the communities where they will be posted. According to Mximo Estupin Maldonado, A quantitative analysis of the textbooks permits us to assert that at the initial as well as primary and secondary levels, they do not offer an equal treatment of the important persons or cultures appearing therein, and rather, are quite discriminatory. A qualitative analysis of the textbooks demonstrates that the roles played by and manner of presenting the roles of Afro-Peruvians are extremely stereotypical and limited.40 The teachers do not understand the impact of the discrimination against Afro-Peruvians, and moreover, to some extent they unconsciously believe in and nourish such discrimination. For example, in the schools, one always finds Afro-Peruvian male and

39

Ibd., p. 142.

Beyond the historic apology

female youth participating in cultural and athletic activities but rarely in other, particularly knowledgebased, types of activities. The State has still not designed specific educational guidelines for Afro-Peruvian communities, emphasizing the right of the Afro-Peruvian people to participate more actively in State education institutions, as well as training teachers to preserve and value their culture.41 While there is diversity in the curriculum, it is not adequate to the nations ethnic diversity, particularly in terms of the Afro-Peruvian people, for the simple reason that the teachers and school textbooks only include as part of cross-cultural teaching mentioning the fact that Afro-Peruvians were slaves; that a slave painted el Seor de los Milagros or in certain cases mentioning the Santo Mulato San Martn de Porras [the Mulatto Saint Martn de Porras]. Those are the teachings found in the school textbooks distributed by the Peruvian State. The functions of the DIGEIBIR are: a. Formulate, propose, regulate, and guide national educational policy that is cross-cultural, bilingual, and rural, as well as the stages, levels, modalities, cycles, and programs of the National Educational System, establishing the necessary coordination with the agencies which manage decentralized education.

b. Develop a cross-cultural focus throughout the entire National Educational System in coordination with the National Directorates and offices of the Ministry of Education and agencies of decentralized education. c. Guide, supervise, endorse, and evaluate the application of a cross-cultural, bilingual focus in coordination with the corresponding national directorates. There is an urgent need to modify the school curriculum so as to include the fact that the Afro-Peruvian people are a part of the Peruvian nation their history and participation must be studied by all Peruvians and in order to do so, it will be necessary to train the teachers to correctly teach about the history, participation, and contributions of the Afro-Peruvian people in Peru and be able to provide an adequate and suitable response to the manifestations of racism and ethno-cultural discrimination in educational institutions which is the main element in reproducing manifestations of racist and exclusive stereotypes. Afro-Peruvian scholars, analysts, and human rights defenders must be included in the educational system as the quality of teaching on one hand is not very good, and on the other, is not in synch with our reality, given that it does not take into consideration the participation of the Afro society within the process of national consolidation 42 so that they can assist, guide, and train teachers and Ministry of Education and UGEL officials, as well as being a part of the foundation that promotes ethno-social and cultural integration among all Peruvians. Education is a delicate issue. Instead of being an instrument for promoting equality, oftentimes the educational system is an instrument for reproducing inequality.43 There are no concrete actions in the case of Afro-Peruvians; there is no educational policy which contributes to reverting situations of inequality and/ or inequity towards Afro-Peruvians, and moreover we

40

Ibd., p. 140. Precedent Document, Forum on Poverty Alleviation for Minority Communities in Latin America: Communities of African Ancestry. Inter-American Development Bank - Washington, DC. Situacin de la Juventud Negra en Amrica Latina [State of Black Youth in Latin America], Eduardo Palma. 1996, p. 102. 43 Situacin de los Afroamericanos: Marginacin A Causa de la Raza y la Pobreza, Actitudes Frente A La Identidad Cultural [The State of Afro-Americans: Marginalization Caused by Race and Poverty, Attitudes on Cultural Identity] Edna Mara Santos Roland, p. 9.
41 42

Afro-Peruvian Human Rights

can affirm that these are accentuated in the schools because the Afro-Peruvian people as a topic in the curriculum exists only in terms of discussions of slavery or their participation in cultural or religious activities. However, if we talk about their current access to education, the numbers are also alarming. INDEPA reports that the study carried out based on the National Survey of Households reveals that on average, Afro-Peruvians have 7.48 years of education, close to the national average. Virtually one out of every four Afro-Peruvians has not finished primary school. A small percentage of Afro-Peruvians attend university and only 2% of those who begin actually finish their studies. These figures help to perpetuate the cycle of poverty in which the Afro-Peruvian population has lived for centuries. Thus, there is a need to initiate affirmative action policies which enable the Peruvian population to access education from primary school through university with support from the State. There are various educational opportunities for the indigenous peoples who have agreements with State universities which guarantee them higher education. Those options are virtually nonexistent for Afro-Peruvians.

tions of the Central Reserve Bank of Peru, the economic growth in 2011 will be 7%. Nevertheless, it would be important to understand why this growth has not positively impacted Afro-Peruvians and Afro-Peruvian women even less so. The Andean and indigenous peoples tend to be the ones perceived as suffering greater discrimination and the Afro-Peruvian people is always shunted to the side, without taking into consideration, for example, the employment exclusion or pigeonholing which happens to Afro-Peruvians. Another example of this discriminatory attitude is found in the field of employment: it is very difficult for an Afro-Peruvian to find a job, the classified ads carry certain discriminatory parameters which include the absurd requirement of a professional appearance or the request for a CV with a recent photograph.44 The percentages of Andean and Afro-Peruvian workers in the various governmental ministries and offices always vary widely, with a majority being indigenous and few if any Afro-Peruvians. The governmental offices of assistance and protection for indigenous people and above all those who develop and approve the reports on and discussions of poverty and the quality of life of Peruvian citizens always include indigenous people, although rarely Afro-descendants. In terms of quotas for both peoples, INDEPA appointed two representatives for Afro-Peruvians and three and four, respectively, for Amazonian and Andean peoples. The Afro-Peruvian populations development consists of two types of economic activities: 1. Agriculture in rural zones as small farmers since the time of the agrarian reform in the 1970s under the military government of General Juan Velasco Alvarado, who expropriated land from landholders and gave it to campesinos in the cooperativas agrarias de produccin [productive agrarian cooperatives]

4.6 The Afro-Peruvian Peoples Labor and Employment Situation


It is interesting to analyze the state of employment, as the majority of Afro-Peruvian communities are located in departments enjoying considerable economic development. This development has increased in recent years; additionally, the rate of unemployment has diminished nationally. According to INEI, Peru grew at a rate of 8.78% in 2010 and according to the projec-

41

44 La invisibilizacin de la Poblacin Afroperuana. Roberto Rojas Dvila, Lima, Per.

Beyond the historic apology

(CAPs) or in the sociedades agrcolas de inters social [agriculture share-based societies] (SAIS). This agrarian reform served as a basis for Afro-Peruvian campesinos becoming owners of small and medium-size plots of land; however, it had a negative impact as the campesinos were not provided with administrative and economic training in managing their lands, which led many Afro campesinos to auction off their lands. 2. Afro-Peruvians other work is in the service sector, such as maids, technicians, and teachers. Nationally, Afro-Peruvian homes have significantly higher hourly income than indigenous homes, but less than non-indigenous homes... This result would indicate that Afro-Peruvian homes have lower per capital income levels than the average per capita in Peru. 45 This not only illustrates the only jobs which are available to Afro-Peruvians, but also the larger amount of useful time they must expend at work in order to attain an income which is significantly lower than that received by the rest of the society. In todays Peru, it is not uncommon to see Afro-Peruvians doing work which dates from slavery times, when it was a sign of opulence and social status to have a slave at the entrance of large houses to open the door for guests and visitors. This old discriminatory tradition is still maintained; it is a status symbol to have Afro-Peruvians in luxury hotels in the capital and in casinos. For many people, it continues to be a status symbol to have the dead carried by Afro-Peruvians elegantly dressed in suits and white gloves; it is thus that the most important funeral homes provide the exclusive

service of camulengos, a group of six Afro-Peruvian men who carry the dead to the cemetery. This is an exclusive service and is offered to high-status people or to family members who wish to give their deceased the status of a big man. On a related note, Afro-Peruvian women hold middlemanagement jobs and are under-employed; in rural areas, their activities are mostly related to the countryside, for which they receive low salaries, most below the minimum wage which currently stands at 580 nuevos soles or US $208.38. As employment is one of the ways that people have to satisfy their basic needs and develop, it is difficult for them to improve their standard of living under these conditions.

42

4.7 The State of Healthcare in AfroPeruvian Communities


En In Peru the health conditions are deplorable. The majority of Afro-Peruvian communities do not have health centers, much less a hospital. Only in the district seats can one find health centers which in general have only one shift and whose staff is never more

Ms All de los Promedios: Afrodescendientes en Amrica Latina Pobreza, Discriminacin Social e Identidad: El Caso de la Poblacin Afrodescendiente en el Per [Beyond the Averages: Afro-Descendants in Latin America, Poverty, Social Discrimination, and Identity: The Case of the Afro-Descendant Population in Peru] Martin Benavides, Mximo Torero, and Nstor Valdivia, p. 29.
45

Afro-Peruvian Human Rights

than a doctor and a nurse. These centers do not have the appropriate medicine to treat common or recurring illnesses such as coronaries, falciform anemia, and diabetes, among others, which have been shown to affect Afro-descendants. While it is true that the State has an Executive Directorate for Traditional Medicine, Cross-Cultural Health (CENSI-INS), it only carries out activities which bring together the health centers, communal leaders, and practitioners of traditional or alternative medicine. In the case of Afro-Peruvians, CENSI held its first meeting with the Afro-Peruvian community in the District of Carmen in mid-2010 in order to develop a closer relationship and learn about the treatment of susto [fright] and mal de ojo [evil eye].46 They do not have a clear understanding of the illnesses that affect AfroPeruvians, much less guide health center workers in the development of a medical protocol tailored to AfroPeruvian patients. In a positive vein, Dr. Miguel Salcedo Luna, the CENSI director, informed us that patients membership in ethnic groups will be included in clinical histories as a way to document the most recurring illnesses in those groups.
46 Both susto [fright] and mal de ojo [evil eye] are traditional illnesses related to human energy which tend to produce harm or suffering in the person who has it. In the case of susto, it occurs as a consequence of a negative surprise and makes the body release energy producing fear, making one startle, cry when sleeping and consequently lose sleep, and experience shaking in the legs and body. In the case of mal de ojo, negative and harmful energy is transmitted from one person to another by means of strong looks which certain jealous people have; it tends to cause malaise such as crying, loss of appetite, despondency, and lack of emotional equilibrium. 47 El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdo de la Conferencia Regional de las Amricas [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET: Afrodescendientes, Partidos y Poltica en Per [Afro-Descendants, Parties, and Politics in Peru]. Augusto Malpartida Len El Tema Afro y los Partidos Polticos [The Afro Issue and Political Parties].

4.8 Afro-Peruvian Political Participation


The Peruvian State, by means of the following laws, guarantees the participation of native and indigenous peoples in local and regional governments, ensuring them a minimum quota of 15% therein: Law 26864/1997 on Municipal elections and the Law on Regional Elections 27683/2002. This privilege is not granted to the Afro-Peruvian people, given the fact that Afro-Peruvians are not treated the same as Andean and Amazonian peoples. Between 2001 and 2006, indigenous peoples had one of their own elected President of the Republic, Alejandro Toledo. The lack of inclusive political discourse in favor of the Afro-Peruvian people is deplorable, despite the active participation of Afro-Peruvians in political parties. A brief analysis of the partisan programs demonstrates that for those involved in politics in our country, the Afro population continues to be invisible. This situation is seen in organizations on both the left and the right.47 The Peruvian State also guarantees a gender quota of 30% and one for youth of 20%. Since these regulations already exist, it is not clear why they do not include quotas for ethnic groups, as this would guarantee not only gender and generational involvement but also ethnic, in order to demonstrate the multi-ethnic and -cultural composition of Peru. This would help to value the Afro-descendant culture, respect its ethnic identity, and guarantee its participation in the exercise of democracy.

43

Chapter 5

The State of Afro-Peruvian Women


According to Cecilia Ramrez Rivas, Executive Director of CEDEMUNEP, Afro-Peruvian women in Peru suffer from three forms of discrimination: Firstly, for being women. Peru is a chauvinist, sexist country which relegates women to lesserimportant jobs than those held by men; or if a woman holds a post similar to that held by a man, she receives a smaller salary than does the man. Additionally, there is the sexual stereotype of women which leads to them being victims of sexual verbal and even physical aggression in the streets and public services, such as inappropriate groping or unseemly touching on buses. Secondly, for being black or Afro-Peruvian. Here is where the problem is even more profound for Afro-Peruvian women, as due to their more pigmented skin and being a member of the Afro-Peruvian people, they are discriminated against and excluded by those who should be their main [feminine] allies in the processes to demand gender rights. This is deplorable, because by being generally divorced from the struggle of Peruvian women, Afro-Peruvian women end up fighting a double struggle in which their own particularities have not been acknowledged. Thirdly, for being poor. Poverty and ethnic, social, cultural, educational, economic, and other forms of exclusion have always been the inseparable companions of the Afro-Peruvian people. For AfroPeruvian women, the gaps of inequality are more

44

The State of Afro-Peruvian Women

profound, given that the public policies directed at women have not affected nor been directed at Afro-Peruvian women. It is difficult for the Peruvian State to understand that specific and differentiated public policies and affirmative action are required in order to improve their current situation. The Diagnostic Study on Afro-Peruvian Womens Quality of Life,48 was a household survey of 709 Afro-Peruvian women between the ages of 18 and 70 who are permanent residents of Peru living along the Peruvian coast in communities considered to be traditionally Afro-Peruvian. The following were the findings: a. In general, 50.2% of Afro-Peruvian women state that their employment status in the last five years remains the same; 29.1% say it has improved; and 20.7% say it has worsened. A study carried out by Zoraida Portillo a journalist, director of the News Service on Latin American and Caribbean Women (SEMLAC), and correspondent for Science Development Net (SciDevNet) found that according to Jos Luis Daza, Director of the International Labour Organization (ILO) Sub-regional Office, discrimination and the lack of quality employment opportunities affect indigenous and Afro-descendant women with greater severity, as they face more obstacles to escaping poverty and ensuring the wellbeing of their families. Zoriada Carrillo highlighted that the diversity of knowledge, capacity, social networks, and other attributes of regional ethnic groups are a source of real wealth which is not fully utilized and which should be seen as part of the social capital of the region.

According to the ILO, there are 58 million people in the region who belong to various indigenous groups and 174 million Afro-descendants. The countries with the greatest indigenous populations are Bolivia, with 50% of its total population, and Guatemala, with 39.4%. The report states that the countries with the highest percentages of Afro-descendant populations are Brazil with 44.7% and Cuba with 34.9%. The state of both of these population sectors is so grave that the ILO dedicated a special chapter to analyze the 2010 labor scenario faced by indigenous and Afro-descendant men and women in seven countries (Bolivia, Brazil, Chile, Cuba, Ecuador, Guatemala, Peru, and Uruguay). Among other things, the report asserts that Afro-descendants are among the regions most disadvantaged groups, given that they have low levels of education, limited access to social protection, precarious employment, and a greater probability that their income will be below the poverty line. As acknowledged in the chapter Women and the Labor Market in the Ministry of Labors own 2008 annual report, there is evidence that the society has assigned traditional roles to women which are not necessarily related to an efficient allocation of human resources. In the case of Afro-Peruvian women, these roles have a long-term presence in their lives, deeply penetrating their self-esteem: despite the fact that many AfroPeruvian women are professionally trained in non-traditional fields of endeavor, the chances are remote that they will be able to find work in their specialty areas and the huge majority ends up holding traditional jobs or those foreign to their profession. Through the implementation of public policies, the State should guarantee Afro-Peruvian woman access to the labor market and education, not only so that their financial situation improves, but also in order to begin

45

48 Eduardo Palma Lazarte. Diagnstico sobre condiciones de vida de las Mujeres Afroperuanas. Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP). Lima, Per. 2009.

Beyond the historic apology

closing the gaps of inequality which exist between men and women as well as among Afro-Peruvian women and women in general. b. In general, 72.6% of Afro-Peruvian women feel that the level of their political participation continues the same; 19% believe it has worsened; and 8.3% believe it has improved. c. Regarding whether women of their ethnic definition have the same opportunities in Peruvian society as white, Chinese, or mountain women [serranas] to be elected to public/political office, 29.6% of the women say they do and 70.4% affirm they do not. The racism and ethno-cultural discrimination which directly affect Afro-Peruvian women are some of the principal causes of these womens absence from Perus political life, which in turn translates into an absence from decision-making mechanisms and from managerial positions in grassroots organizations such as the Comits de Vaso de Leche [Milk Glass Committees] and Comedores Populares [low-cost eateries]. While the womens struggle has led to them having a greater degree of political participation today, it is insufficient and keeps them at a disadvantage in relation to men. While this is the scenario for Peruvian women in general, the situation of Afro-Peruvian women is serious. As will be mentioned below, the womens movement has not integrated the demands of Afro-Peruvian women nor are they included in the movements agendas and struggles.

Afro-Peruvian women have framed their struggle from a personal and daily perspective in which they have been working very hard to move themselves ahead and thereby be able to help their families, children, and communities get ahead, by focusing their struggle on strengthening the organizational process, their identity, and self-esteem, and their struggle against ethnoracial and cultural discrimination. In May 2010, in the framework of the National Encounter of Afro-Peruvian Women Building Alliances, Working to Improve Our Quality of Life organized by CEDEMUNEP, representatives from all of the political groups participating in the 2010 municipal and regional elections were convened so that they could make presentations, through their Secretariats of Women, to the representatives of the Dialogue of Afro-Peruvian Women49 on their work to include and ensure the participation of AfroPeruvian women in their respective groups, and could especially send to Afro-Peruvian women who are part of their candidate lists or in their groups. Out of the seven groups that attended, only three sent Afro-Peruvian representatives; the other four sent nonAfro representatives. Of the three that sent Afro-Peruvian representatives, only two included in some sort of proposals for Afro-Peruvians, and only one of the attendees was a candidate to a district mayoralty. In January 2010, CEDEMUNEP hosted a workshop on political advocacy. One of the female participants discussed her experience in a political campaign apparently, the man in charge of the campaign wanted to congratulate her for her good work by telling her, I congratulate you for your work; I should recognize that despite being black, you are very intelligent. This generated an internal conflict for her: I dont know if I should feel flattered or offended by what he said to me. While her reaction should have been to reject the eminently racist comment, sadly, as we have mentioned previously, Afro-Peruvians in Peru have oftentimes

46

49 The Dialogue of Afro-Peruvian Women is a space for analysis, reflection, action, and advocacy that works for the respect of human rights and the citizenry, as well as the social inclusion of Afro-Peruvian women in particular and the AfroPeruvian people in general.

The State of Afro-Peruvian Women

internalized racism as something normal and do not lodge formal complaints or take actions to reject or ask for apologies or rectification. The political parties rarely include Afro-Peruvian women on their candidate lists; when they do, it is generally as invitees, so long as they are well-known athletes and do not plan to become involved as militants, possible voters, or agents of change in the countrys development proposals. The attendees of the IX Afro-American Pastoral Encounter, held in February 2003 in El Callao, concluded that in the various countries of the region there is a democratic deficit which excludes the majority from decision-making and as such, excludes Afro-descendant women. The quotas have become the mechanism for diminishing the gap between men and women in popular election posts; however, they have not guaranteed the incorporation of women who vary ethnically (IX Afro-American Pastoral Encounter, February 2003). As we have already mentioned, the law of quotas requiring that women constitute 30% of the electoral lists in Peru has not benefited Afro-Peruvian women. In the last five-year term, only two Afro-Peruvian women have occupied important political posts: Martha Moyano Delgado was elected Second Vice President of the Congress of the Republic for the period 2007-2008 and Mara Zavala served as Minister of Justice from July 28, 2006 to December 19, 2007 and was later appointed the Permanent Representative of Peru to the Organization of American States on January 3, 2008.

The Red de Mujeres Afrolatinoamericanas, Afrocaribeas y de la Dispora [Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women]50 declares: Our approach is based on the belief that democracy cannot exist in our countries if we the black women are not fully incorporated into decision-making spaces, while there is not an equitable distribution of the wealth, and as long as social exclusion is maintained. Thus, in order to affect substantial changes in the lives of AfroPeruvian women, it is important that they participate in the structures of power where decisions are made and significant national guidelines are developed. This does not mean simply resolving the problem of their participation on electoral lists, but also creating the necessary mechanisms for guaranteeing their election as political authorities. d. With regard to the opinion of Afro-Peruvian women as to whether there is racism in Peru, 98% assert that there is racism in Peru and 2% say there is none. e. In general, 81.6% of the women said that there is racism directed at the black ethnic group; 7.1% felt racism is directed against ethnic cholos [persons of mixed race]; 6.8% said there is racism towards the mountain ethnic group [serrano]; and 1.6% said there is racism against all races in Peru. f. In general, 80% of the Afro-Peruvian women surveyed responded affirmatively regarding the existence of discrimination against Afro-Peruvian women and 19.2% said there is no such discrimination. The Afro-Peruvian women affirmed that they receive different treatment due to their skin color which puts them in an inferior position with respect to other women. This discriminatory and marginalizing treatment is evidenced, for example, in the attempt to get a job: many of the interviewees commented that

47

The Red de Mujeres Afrolatinoamericanas, Afrocaribeas y de la Dispora [Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women] is a space for the coordination and empowerment of Afro-descendant women in order to build and recognize democratic, equitable, just, multicultural societies which are free of racism, racial discrimination, sexism, and exclusion, and the promotion of cross-culturalism.
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Beyond the historic apology

on several occasions they had read employment ads in newspapers and when they called to check if the post was still open, they were told that it was; however, when they arrived and presented their CVs, they were told that the position had been filled. The State needs to truly fulfill the international agreements and declarations it has signed and ratified in the area of human rights and racial discrimination such as the Durban Declaration and Program of Action, which recognizes that Afro-descendants continue to be victims of racial discrimination and provides specific measures in the Plan of Action to combat this scourge and improve the quality of life. g. Regarding whether women of their ethnic definition enjoy the same opportunities in Peruvian society as white, Chinese, or mountain women [serranas], 27.9% of the women feel they do and 72.1% feel they do not. h. Regarding whether women of their ethnic definition have the same opportunities in Peruvian society as white, Chinese, or mountain women [serranas] to being elected to a post in a civil society organization, 32.4% of the women feel they do and 67.6% feel they do not. Afro-Peruvian women do not have the same opportunities as other women for the following reasons: they do not have the same access to education which would permit them to have greater possibilities of finding dignified employment; financial limitations are a strong barrier which in many cases do not permit them to finish secondary school and continue on with higher education; and racism and racial discrimination do not let them compete in equal conditions and opportunities, due to the oft-used phrase professional appearance, which is always related to skin color and

physical traits and greatly determines ones chances of finding employment in Peru. According to this data, we can conclude that Afro-Peruvian women believe that they suffer from a much greater degree of exclusion than do their indigenous and white counterparts. These opinions were emphasized mainly by women with a greater educational level, whom shared their personal experiences of discrimination. While there are Afro-Peruvian women participating in grassroots civil society organizations, for the most part they are in charge of preparing the food and are rarely elected to the boards of directors. There are a small number of Afro-Peruvian women who hold directorships or are members of boards of directors. i. In general, 31% of the women surveyed have completed secondary school; 22.3% have not completed secondary school; 14.2% have completed primary school; 13.4% have completed some higher education, though not university; 10.4% have not completed primary school; 5.2% have not completed higher education or university; 1.6% have completed university; 0.8% have not completed university; 0.7% have completed preschool; and 0.3% have no education at all. Education is the best way to escape poverty, and as such the State must take specific, urgent measures to improve access to education, increase school retention at the primary and secondary levels, and promote access to higher education. It is necessary to establish affirmative action which guarantees full, real benefits for Afro-Peruvian women in the plans, programs, and projects executed by the Peruvian State so as to ensure their real social integration and enable their efficient and effective development.

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Chapter 6

Governmental Actions
To date, Afro-Peruvians have two initiatives which are aimed at promoting the economic, political, and social development of our communities: one is INDEPA and more recently, the historic apology of the President of the Republic, Alan Garca, signed in November 2009. Andean, Amazonian, and Afro-Peruvian peoples that have historically been excluded in Peru. The regulation for this law was issued on August 12, 2005 by means of Supreme Decree O65-2005-PCM.

General provisions
Article 1. Aim of the Law the effective formulation of national policies geared towards the development of the Andean, Amazonian, and Afro-Peruvian peoples. Article 2. Definition of INDEPA INDEPA is the governing body for national policies, in charge of proposing and supervising compliance with national policies as well as coordinating with regional governments in the execution of projects and programs directed at the promotion, defense, research, and affirmation of the rights and development with identity of the Andean, Amazonian, and Afro-Peruvian peoples.

6.1 INDEPA
The Instituto Nacional de Desarrollo de los Pueblos Andinos, Amaznicos y Afroperuanos [National Institute for the Development of the Andean, Amazonian, and Afro-Peruvian Peoples] The Instituto Nacional de Desarrollo de los Pueblos Andinos, Amaznicos y Afroperuanos [National Institute for the Development of the Andean, Amazonian, and Afro-Peruvian Peoples] was created by Law 28495 on April 15, 2005 and attached to the Presidency of the Council of Ministers in order to promote State policies which facilitate the development and progress of the

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Beyond the historic apology

Article 3. Nature INDEPA is a decentralized public body (OPD) that is multi-sectoral, has ministerial rank, and is a public legal entity with functional, technical, economic, financial, administrative, and budget autonomy. Its budget is attached to the Presidency of the Council of Ministers. It has national jurisdiction. Article 4. INDEPAs Functions INDEPA has the following specific functions: a. Formulate and approve the policies, programs, and projects with national reach aimed at the comprehensive development of the Andean, Amazonian, and Afro-Peruvian peoples. b. Plan, program, and coordinate, along with regional and local governments, the comprehensive development activities for the Andean, Amazonian, and Afro-Peruvian peoples. c. Coordinate, along with regional governments, the execution of programs and projects with national reach aimed at the development of the Andean, Amazonian, and Afro-Peruvian peoples in accordance with Article 45 of the Organic Law on Regional Governments. g. Develop and keep current statistics on the Andean, Amazonian, and Afro-Peruvian peoples based on Public Registries and other peoples in the process of being recognized. h. Study the habits and customs of the Andean, Amazonian, and Afro-Peruvian peoples as a source of law, in order to formally recognize them. i. Channel the financial resources allocated to INDEPA for the development of the Andean, Amazonian, and Afro-Peruvian peoples. j. Coordinate with the Special Project of Land Titling and Rural Cadastre (PTT) in order to finish the proEvaluacin de las Polticas Pblicas Para Promover la Inclusin Econmica y Social de las Comunidades Afroperuanas [Evaluation of the Public Policies for Promoting the Economic and Social Inclusion of the Afro-Peruvian Communities], Dr. Jorge Ramrez Reyna, July 2010, p. 17.
51

cess of removing legal encumbrances from territories belonging to the Andean, Amazonian, and AfroPeruvian peoples. Since its creation in 2005, INDEPA has been an OPD which has not been able to adapt as such, as expressed in the following oft-made comment: It has been too handled by the government and has never been able to carry out even the most insignificant action for the peoples it represents, especially the Afro-Peruvians. This way of defining INDEPAs historic trajectory is probably somewhat correct because this body has suffered several modifications such as; INDEPA was created by Law 28495 on April 6, 2005 in order to promote the development of the cultural diversity of the indigenous and Afro-Peruvian peoples. The process of its institutionalization led to its regulation on April 15, 2005 by means of Supreme Decree O65-2005-PCM. This entity was thus institutionalized and attached to the Presidency of the Council of Ministers. However, while the process of implementation continued, Supreme Decree 001-2007-MIMDES was issued, which attached INDEPA to the Ministry of Women and Social Development (MIMDES); with that change, INDEPAs value diminished by no longer being attached to the Presidency of the Council of Ministers. Later, by means of Supreme Decree 006-2007-MIMDES, it lost the rank of Institute and its name changed to the General Directorate of Indigenous and Afro-Peruvian Peoples; however, it continued to be attached to MIMDES. Afterwards, Law 29146 was passed, rendering Supreme Decree 001-2007-MIMDES, which had approved the attachment of INDEPA to MIMDES, null and void. Nonetheless, by means of Supreme Decree 001-2008-MIMDES, INDEPA was once against attached to MIMDES. In this back-and-forth process, by means of Supreme Decree 034-2008-PCM of May 6, 2008, INDEPA was made a Public Executing Body (OPE).51 Currently, INDEPA is attached to the Ministry of Culture, which has a very different function than does INDEPA. INDEPA could have been a significant body with the principal function of promoting true integration of the Andean, Amazonian, and Afro-Peruvian peoples.

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Governmental Actions

By moving INDEPA to the Ministry of Culture, the government continues to view the problem of historically excluded peoples in Peru, such as Afro-Peruvians, from a racist and exclusive perspective as a wholly cultural issue rather than one relating to basic needs that have not been fulfilled or resolved, exclusion and racial and ethno-cultural discrimination, and a problem of structural racism.

g.

h.

LAW 29565 CREATING THE MINISTRY OF CULTURE


Article 5. Exclusive Competence The Ministry of Culture is the governing body in the area of culture and has the sole and exclusive competence vis--vis the other levels of government to: a. Formulate, plan, direct, coordinate, execute, supervise, evaluate, and control national and sectorial State policies in the area of culture which are applicable and must be complied with at all governmental levels and by all entities in the cultural sector. b. Formulate the national plans, programs, and projects in its sphere for the promotion, defense, protection, dissemination, and social recognition of cultural manifestations. c. Pass technical regulations and guidelines for the adequate execution and supervision of the sectors policies, management of the Ministry of Cultures resources, granting and recognition of rights, sanctioning, controlling, and forced execution of the issue areas within its competence. d. Monitor and evaluate the performance and achievements made at the national, regional, and local levels in its State programmatic and policy-related action areas in the area of culture. e. Apply national policies in the area of culture, taking into consideration the regional and local governments and private organizations operating therein. f. Implement and administer the system of national registries related to cultural heritage goods, creators and producers of art and related specialties

i.

j.

and cultural manifestations, and individuals and legal entities carrying out cultural activities. Strengthen the capacity for cultural management and promotion at the national, regional, and local levels. Promote the active participation of organizations and bodies of Peruvian society in the formulation, execution, monitoring, and evaluation of national plans and programs in the field of culture. Promote cultural creation in all fields, the improvement of developers and agents in the field of culture, and the development of cultural industries. Design, lead, and supervise functional systems in the sphere of culture, ensuring compliance with the sectors public policies in accordance with its regulations.

Article 11. Attachment to public bodies The public bodies attached to the Ministry of Culture are regulated in accordance with Law 29158, the Law on the Executive Branch, its rules, and the corresponding regulation of its organization and functions, in accordance with the legal system of decentralization. The public bodies attached to the Ministry of Culture are as follows: 1. National Institute of Culture (INC). 2. National Library of Peru (BNP). 3. Peruvian Radio and Television Institute (IRTP). 4. Superior Academy of the Quechua Language. 5. General Archives of the Nation (AGN). 6. National Institute for the Development of the Andean, Amazonian, and Afro-Peruvian Peoples (INDEPA). As can be seen in Article 5, functions related to culture are set out in 9 of its 10 exclusive competence areas; none of these is for the formulation and implementation of public policies. While it is true that we Afro-Peruvians urgently need to revalue our culture as well as disseminate and teach it

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Beyond the historic apology

in all centers of education, it is also quite true that we are in urgent need of public policies to be formulated and applied to improve our living conditions and permit us to enjoy the same social, economic, educational, and political conditions as other Peruvian ethnic groups. Afro-Peruvians feel this is impossible to realize with INDEPA being attached to the Ministry of Culture. The first body which INDEPA must sensitize is INDEPA itself, because this institution is so insensitive to the Afro-Peruvian peoples problems that it does not even have, for example, an Afro-Peruvian official working on Afro-Peruvian problems, nor has it developed to date even one proposal on affirmative action or public policies in favor of the Afro-Peruvian people. It has not carried out a diagnostic study of Afro-Peruvians quality of life, nor did it have an Afro-Peruvian trainer lead the workshops on The Participatory Process for the Formulation of Public Policies for the Afro-Peruvian People in Ica, Lima, Arequipa, Tacna, Piura, Lambayeque, La Libertad, and Ancash held October 6-7, 2010 in Caete, in which the beneficiaries requested, as did the attendees of the previous workshop held in Chincha, that an AfroPeruvian develop and direct the workshops. In response to the insistent demands of the attendees of said workshops, Mr. Freddy Gonzlez Lpez, INDEPAs Principal Facilitator, replied without any embarrassment, Dont worry, in the next workshop there will be a Little Darkie [morenito] discussing the topics, without understanding how sensitive Afro-Peruvians are about this issue and speaking in a very racist manner, emphasized by the use of the diminutive, to respond to a valid urgent need of Afro-Peruvians.

Mr. Hermes Palma Quiroz52 is the only Afro-Peruvian INDEPA employee and he holds the post of advisor to the Peoples Unit [Unidad de Pueblos]. He is responsible for providing all of INDEPAs responses on AfroPeruvian issues and coordinating the activities and presence of Afro-Peruvians in INDEPA activities. According to his own comments, he is consulted within INDEPA on all Afro issues, including Ministerial Decree 010 on the Historic Apology to the Afro-Peruvian People.

6.2 The Historic Apology to the Afro-Peruvian People


The Peruvian State, represented by the President of the Republic, Dr. Alan Garca Prez, along with Minister of Women and Social Development (MIMDES) Nidia Vlcher Yucra, signed a Supreme Resolution (see Annex 1) on November 27, 2009 in which they apologized to the Afro-Peruvian people for the exclusion, affronts, abuses, and discrimination committed against them in slavery times. It also mentions that those affronts and abuses persist today, something that is very important and remarkable, given that it recognizes the degree of outrages committed against the Afro-Peruvian people. However, this apology goes even farther, in that it mentions that MIMDES, in coordination with the competent sectors, will issue regulations regarding the implementation of specific public policies for the development of the Afro-Peruvian people. Unfortunately, as of this writing, once the excitement and hope subsided, the apology and sumptuous celebration in the Palace of Government has turned out to be nothing more than a media illusion to which all of our governments have accustomed us. In the Ministry of Women, when it was known as the Ministry for the Promotion of Women and Human Development (PROMUDEH), a Working Group on Afro-Peruvian Women was formed in order to carry out work in support of Afro-Peruvian women, integrate them into

52

52 Hermes Palma Quiroz is a lawyer, member of the MARGARITA Afro-Peruvian Association, political leader, former mayor of the district of El Carmen in the Ica region, member of APRA, the current governing party, and worked in INDEPA during President Alejandro Toledos administration and during the five years that APRA has been in power. El Carmen is the most well-known district in Peru in terms of the predominance of the Afro-Peruvian presence.

Governmental Actions

the society, and enable their development. Later it was known as MIMDES, during the period when INDEPA was attached to it, but in neither iteration has it been able to carry out any actions in favor of Afro-Peruvian women, much less for the Afro-Peruvian people. In an analysis carried out one year later, Wilfredo Ardito Vega concluded that one year later, said community has continued to face negative stereotypes, adverse labor-selection practices, and indiscriminate police repression.53 This demonstrates that in reality nothing has changed, other than seeing many Afro-Peruvian friends shaking hands with the President of the Republic in the media. MIMDES, which for quite some time has sheltered INDEPA, could have easily implemented the implementation of affirmative action or a public policy or direct one of its functions directly and exclusively at the AfroPeruvian people, such as for example: Ensure compliance with the action programs and platforms signed by Peru in world conferences related to human development. Promote, coordinate, direct, evaluate, and execute: the policies of equality of opportunity between men and women; the policies of social development; and the policies and strategies of overcoming poverty, demographics, food security, and territorial and rural development in the field of its competence; and establish coordination and participation mechanisms of same with sub-national governments. Work transversely with other executive branch sectors in the promotion, coordination, and evaluation of National Plans, strategies, programs,

and projects that are framed within the three focus areas defined in the National Policy for Overcoming Poverty. Promote the formulation of social projects on womens rights and social development; and the rest of the regulatory, financial, evaluation, and monitoring functions of the bodies absorbed by the Ministry of Women and Social Development: Fondo de Cooperacin para el Desarrollo Social [Fund for Cooperation in Social Development] (FONCODES) and Programa Nacional de Asistencia Alimentaria [National Program for Food Assistance] (PRONAA). It would not add terribly much to MIMDES budget were it to implement these functions exclusively for the AfroPeruvian people, nor would it require the hiring of many staff, or the establishment of new offices or requesting additional functions, as it would only need to exhibit political will to implement SUPREME RESOLUTION 010-2009. However, the comments made by Roci Muoz of Per Afro [Afro Peru] hold true: Already one year has passed, 12 months of racial discrimination; symbolically and structurally it continues affecting the Afro-descendant population. We still note with concern the lack of public policies and affirmative measures which seek to tackle the gaps of inequality that racial, gender, and class discrimination have generated for the Afro-Peruvian population The absence of disaggregated data and indicators regarding the Afro-Peruvian population is one more expression of the structural racism in the country and the invisibility of the Afro-Peruvian people. Despite the existence of INDEPA and the recent Ministry of Culture, this has not guaranteed any concrete benefit for the Afro-Peruvian people. 54 The current government will shortly conclude its fiveyear term at the countrys helm, and with only about five more months left, INDEPA, apparently in consultation with the Afro-Peruvian people, is developing proposals for public policies which have no guarantee of being implemented this year or during the next administration.

53

53 Pedir perdn no basta: la situacin de los Afroperuanos [Apologizing is Not Enough: The Situation of Afro-Peruvians], Wilfredo Ardito Vega. 54 Roco Muoz. Nos Pidieron Perdn! [They Apologized to Us!], 2010.

Chapter 7

Afro-Peruvians and International Bodies


7.1 Afro-Peruvian Participation in the OAS
Beginning in 2005 with the support of Global Rights which has become an important strategic ally an advocacy process and the continuous participation of Afro-Peruvian leaders was initiated at the OAS. It is thus that Afro-Peruvians have participated in the Fora of AfroDescendants held by Global Rights about the General Assemblies or the Summits of the Americas. A declaration is issue that includes their contributions and demands which are found in the set of demands of the Afro-descendant peoples. Additionally, these for have enabled a cycle of training, systematization, exchange of experiences, and learning in order to gain a clear and precise understanding of the OAS, its organs, and the

54

The process of Afro-Peruvian leaders participation in the OAS began in 1998 in a very limited fashion in an attempt to carry out advocacy through Afro-America XXI, the Network of Afro Organizations. This was unsuccessful for several reasons: there was little understanding of the nature of this body, the importance of civil societys participation, or the way in which this system could be utilized to benefit human rights; and also, because there had not been an Afro-descendant strategy developed for carrying out advocacy in this space.

Afro-Peruvians and International Bodies

ways in which the society can carry out advocacy work therein. With the support of representatives of Global Rights Partners for Justice, Afro-Peruvians have attended General Assemblies, and the voices of this people have been present in the informal dialogues with the Secretary-General of the OAS which are held prior to the General Assemblies, in which requests and petitions are made in relation to recommendations directed at the Peruvian State in compliance with the agreements. Additionally, the OAS can recommend to the Peruvian State that the latter carry out actions which promote the inclusion and respect of the Afro-Peruvian peoples human rights in order to make them visible. The Assemblies have provided the opportunity to engage in a dialogue with the official delegation and initiate a process of rapprochement. Global Rights, along with its Peruvian partner CEDEMUNEP, have held a series of workshops during the past two years which have permitted Afro-Peruvian leaders to get a clearer understanding of the OAS as well as the importance of Afro-Peruvian organizations registering with the OAS which in turn permits them to obtain consultative status as civil society organizations. This process has also included workshops on the United Nations, particularly on the Special Rapporteur on Contemporary Forms of Racism, the mandate of the United Nations Independent Expert on Minority Issues, and the committee which monitors the International Convention on the Elimination of All Forms of Racial Discrimination, known as the CERD Committee. Global Rights advocacy strategy has enjoyed successes, among them having an Afro-Peruvian representative as the only civil society representative presenting the recommendations of the South American SubRegional Civil Society Forum, in preparation for the V Summit of the Americas, to the Working Group on the Implementation of GRIC Summits in Washington, DC and

to the V Summit of the Americas in Trinidad and Tobago in April 2009. This has permitted not only the presentation of recommendations, but also the visibilization of Afro-Peruvians. It is important to note that three Afro-Peruvian organizations are registered and hold consultative status and three others are in the process of registering. Likewise, Afro-Peruvian leaders have been carrying out awareness-raising work directed at officials of the Peruvian Chancery, encouraging them to participate in and speed up the process of approving the draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance which is currently under discussion in the Committee on Legal and Political Issues. Some Afro-Peruvian organizations have committed to initiating a process of dialogue and awareness-raising with the government regarding the importance of the Special Rapporteur on the Rights of Persons of African Descent and Racial Discrimination of the Inter-American Commission on Human Rights and its need for political and economic support to carry out its duties.

7.2 Afro-Peruvians and ILO Convention 169


International Labour Organization Convention 169 was ratified by the government of Peru in 1993 through Legislative Resolution 26253. This Convention has traditionally only been applied in Peru in the case of Andean and Amazonian peoples and not to the AfroPeruvian people, given that the majority of Peruvians do not view Afro-Peruvians as a people they are not considered to be an indigenous people, they seemingly do not have their own territory, and they are not recognized by the Peruvian State in the category of Campesino Communities. Dr. Douglas Quinteros, member of Afro-America XXIEcuador and an expert on human rights with an

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Beyond the historic apology

emphasis on Afro issues, asserts that Afro-Peruvians fulfill the indispensable requirement for consideration as a member people of the Peruvian State, as they have been in Peru since before its establishment as a State, they participated in the wars for independence and in the countrys sovereign and cultural consolidation, and above all gave birth to the Afro-Peruvian culture belonging to the Afro-Peruvian people. Peru became an independent State in 1821 and the first Political Constitution of Peru was approved in 1823, at a time when Afros had already been in Peru for at least 276 years in an uninterrupted fashion. In order to greater strengthen the request that AfroPeruvians be constitutionally recognized as a people and be included within the reach of the above-mentioned convention, the law which created INDEPA should be utilized as support. INDEPA was established by Law 28495 on April 15, 2005 as the governing body for national policies charged with proposing and supervising the compliance with national policies as well as coordinating with regional governments the execution of projects and programs directed at the promotion, defense, research, and affirmation of the rights and development with identity of the Andean, Amazonian, and Afro-Peruvian peoples. With the establishment of INDEPA through said law, the Peruvian State for the first time granted the classification of a people to Afro-Peruvians. This recognition in law, discussed and approved by the Congress of the Republic and signed by the Constitutional President of the Republic, must be considered as the basis for said recognition.

its long tradition of agriculture and its contributions to the economic development and formation of the culture and identity of the Nation-State. Thus, here we have another element which links us to Convention 169, the recognition of a long tradition in agriculture, which implicitly translates to the Campesino Community classification, a recognition which continues to be constitutionally elusive for the Afro-Peruvian people. Another document that can be used as a reference for this request is Supreme Resolution 010-2009 with the Peruvian governments famous Historic Apology to the Afro-Peruvian people, which reads in its Article 1: May an Historic Apology be made to the Afro-Peruvian people for the abuses, exclusion, and discrimination committed against them from colonial times up to the present day, and may their efforts and struggles to affirm our national identity, generate and disseminate cultural values, and defend our homeland be recognized. This article is of the utmost importance, given that Afro-Peruvians, as the product of exclusion and ethno-cultural and racial discrimination, are on the lowest social rung in Peru and are considered secondclass citizens who do not deserve to be constitutionally recognized as members of the Peruvian State. The recognition of the exclusion, discrimination, and abuses by the State of a human group that is one of its constituent parts and defends and glorifies it is important. However, even more important is implementing actions which end conditions that are disadvantageous socially, economically, politically, educationally, and in the field of labor, among others. Therefore, the implementation of public policies is urgently needed and cannot wait.

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INDEPA, based on data from INEI, establishes the following: The socioeconomic situation of this population is one of poverty and extreme poverty, despite

Conclusions

CONCLUSIONS

The following are a series of conclusions: 1. While the Peruvian State has signed a series of international conventions and treaties, this does not comply with its duty to guarantee the ethnic identity of the Afro-Peruvian people in a dignified and satisfactory fashion because it has not recognized them constitutionally as a people that is a member of the Peruvian State or as a Campesino Community. 2. The Peruvian State, through its political constitution and reports to CERD or other international bodies on its compliance with its commitments, recognizes its ethnic diversity and stipulates equality of treatment for all of its citizens. Nonetheless, the Peruvian State excludes the Afro-Peruvian people from its public plans, programs, and policies, given that there are no differentiated policies for AfroPeruvians as there are for the Andean and Amazonian peoples. 3. The Peruvian State does not have official statistical data which indicate the percentage of AfroPeruvians in the country and their needs and living conditions which would permit public policies to be applied in benefit of Afro-Peruvians. 4. The Historic Apology on the part of the Peruvian State, and its subsequent offer to implement public policies which would contribute to bringing about an end to exclusion, racism, and exploitation, have

yet to produce changes in the lives of Afro-Peruvians more than one year after the offer was made. 5. INDEPA is the body in charge of the public policies for the three peoples who make up the Peruvian State; nonetheless, it has not generated any proposals for public policies related to Afro-Peruvians, nor has it carried out any visible action to their benefit, and its functions targeting the Afro-Peruvian people have been focused solely on hosting meetings and workshops without noticeable results to date. 6. The constant changes that INDEPA has been experiencing have brought no benefits to the Afro-Peruvian people; on the contrary, it appears more and more to be an entity with few proposals aimed at resolving the problems faced by Afro-Peruvians. 7. Afro-Peruvian women are frequent victims of triple discrimination due to gender, ethnicity, and class, along with labor exploitation and socially denigrating treatment. The Peruvian State has not guaranteed their inclusion in plans, programs, and projects that it executes to benefit women as a way to begin closing the gaps created by social inequities. 8. The Peruvian State does not guarantee or facilitate the presence and participation of Afro-Peruvians in decision-making spaces as it does for Campesino Communities, with the women, men, and youth at the mercy of quota laws established for them.

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Beyond the historic apology

9. The Afro-Peruvian people suffer from moral, social, economic, educational, labor-related, and political abandonment on the part of the Peruvian State and its guardian institutions. 10. The Afro-Peruvian people do not benefit from actions to combat poverty, because since they live in regions which are seemingly doing well financially, they are not included in the poverty map developed by FONCODES which serves as the basis for the implementation of social support programs and the fight against poverty.

11. The managers of the cross-cultural sector at the Ministry of Education do not comply with their duty to formulate, propose, regulate, and guide national cross-cultural, bilingual, and rural education policy, as well as the stages, levels, modalities, cycles, and programs of the National Educational System so as to include the Afro-Peruvian people, and as such the managers themselves are not aware of the contributions made by AfroPeruvians to Peru.

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Recommendations

RECOMMENDATIONS

To the Peruvian State:


Recognize the Afro-Peruvian people in the Political Constitution of Peru as a member of the Peruvian State. Consider the Afro-Peruvian people within the framework of ILO Convention 169 as a way to guarantee respect for our culture and benefits received as a Campesino community. Restore INDEPA to ministerial rank, fulfill its duty as a decentralized public body with functional, financial, organizational, and administrative autonomy, and fulfill its role of proposing and supervising national policies aimed at the development of the Andean, Amazonian, and Afro-Peruvian peoples. Include and implement recognized Afro-Peruvian communities in the quota laws for Campesino Communities. Additionally, include the variable of ethnicity in gender- and youth-based quotas as a way to guarantee that Afro-Peruvians who live outside Afro-Peruvian communities are also able to participate in decisionmaking mechanisms. Include the Afro-Peruvian population in the FONCODES Poverty Index Map so that it can be included in the development plans, programs, and projects created and executed by the Peruvian State. Include the Afro-Peruvian people in the National Human Rights Plan. Include the variable of racial ethnicity in the next census as a way to create indicators which permit the evaluation of the sociopolitical and economic situation. Additionally, carry out household surveys in order to obtain disaggregated data which can contribute to the formulation of differentiated public policies and affirmative action specific to the Afro-Peruvian people. Create Secretariats of Afro-Peruvian affairs in regions known as places where Afro-Peruvians have a presence, charged with promoting actions which enable the development of these communities. Guarantee that there is at least one Afro-Peruvian representative in the national Congress for each region with Afro-Peruvian communities, as well as a percentage of Afro-Peruvian representatives proportional to the percentage of a given localitys population, both at the municipal and regional levels.

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In the Field of Education:


Include in the educational curriculum the contributions and participation of the Afro-Peruvian people in the construction of the Peruvian State so as to guarantee the respect for and recognition of Perus ethnic cultural diversity.

Recommend to the Peruvian State that it strengthen and undertake actions which promote the development with identity and recognition of the socioeconomic, cultural, and social contributions of the Afro-Peruvian people.

To the CAN:
Establish a Consultative Council of Afro-Descendant Peoples in CAN as a consultative body within the framework of the Andean Integration System (AIS) for promoting the active participation of Afro-descendant peoples in the issues linked to their sub-regional integration in the economic, social, cultural, and political fields.

In the Area of Gender:


Include Afro-Peruvian women in the design of public policies in the areas of education, health, and employment. Develop differentiated public policies and affirmative action in the areas of education, health, employment, poverty, and extreme poverty which contribute to improving Afro-Peruvian womens quality of life.

To Cooperation Agencies:
Allocate more resources to strengthening the capacity of empowerment and advocacy and the organizational and development process of the Afro-Peruvian people with a particular emphasis on Afro-Peruvian youth and women. Include the variable of ethnicity in their intervention strategies in Peru to enable Afro-Peruvian organizations to develop proposals for projects.

To the Human Rights Ombudsmans Office:


Create an Afro-Peruvian Peoples Unit within the Human Rights Ombudsmans Office to accept, respond to, and resolve racial discrimination cases.

To the OAS:
Accelerate the approval process of the draft InterAmerican Convention against Racism and All Forms of Discrimination and Intolerance which is currently under discussion at the Committee of Legal and Political Affairs.

To the Afro-Peruvian People:


Work on developing an agenda for the Afro-Peruvian people that provides the necessary guidelines to empower itself in decision-making spaces.

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Bibliography

BIBLIOGRAPHY
Agustn Huertas, Second Edition. 2005. Los Afroperuanos y el Plan Nacional de Derechos Humanos 2006 -2010 [Afro-Peruvians and the 2006-2010 National Human Rights Plan] in: El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amricas [The State and the AfroPeruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET, Lima, Peru. Augusto Malpartida Leo. 2005. Second Edition Afrodescendientes Partidos y Poltica en Per [Afro-Descendants, Parties, and Politics in Peru]. El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amricas [The State and the Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET, Lima, Peru. Compendio Normativo Regional Afrodescendiente de Latinoamrica y del Caribe. 2009. [Regional Regulatory Afro-Descendant Compendium of Latin America and the Caribbean], Afro-America XXI, Cali, Colombia. Derechos del Ciudadano Andino [The Rights of the Andean Citizenry], Andean Community of Nations, Lima, Peru. Directorate of Rural Education. 2009. Community Participation in Rural Education, Lima. Direccin General de Educacin Bilinge e Intercultural [General Directorate of Cross-Cultural, Bilingual, and Rural Education]. 2010. El enfoque intercultural, bilinge y la participacin comunitaria en el proceso de diversificacin curricular [The CrossCultural and Bilingual Focus and Community Participation in the Process of Curricular Diversification], Lima. Edna Mara Santos Roland. 2000. Situacin de los Afroamericanos: Marginacin a Causa de la Raza y la Pobreza, Actitudes Frente a la Identidad Cultural [The State of Afro-Peruvians: Marginalization Caused by Race and Poverty, Attitudes on Cultural Identity]. Regional Seminar of Experts on Latin America and the Caribbean on Economic, Social, and Legal Measures for Combatting Racism, with a Special Emphasis on Vulnerable Groups, in preparation for the World Conference against Racism, Racial Discrimination, Xenophobia, and Related Forms of Intolerance, Santiago de Chile. Eduardo Palma. 2009. Diagnstico sobre condiciones de vida de las Mujeres Afroperuanas [Diagnostic Study on Afro-Peruvian Womens Life Conditions], Centro de Desarrollo de la Mujer Negra Peruana [Center for Black Peruvian Womens Development] (CEDEMUNEP), W.K. Kellogg Foundation. Lima, Per. INDEPA. Aportes para un enfoque intercultural [Contributions to a Cross-Cultural Focus], Lima. 2010. Jorge Ramrez Reyna. Evaluacin de las Polticas Pblicas para Promover la Inclusin Econmica y Social

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de las Comunidades Afroperuanas [Evaluation of Public Policies for Promoting the Economic and Social Inclusion of Afro-Peruvian Communities]. Inter-American Development Bank, Washington D.C., 2010. La Poblacin Afroperuana y los Derechos Humanos: Diagnstico sobre el Plan Nacional de Derechos Humanos en Localidades con Presencia Afroperuana [The Afro-Peruvian Population and Human Rights: A Diagnostic Study on the National Human Rights Plan in Areas with an Afro-Peruvian Presence]. 2008. Second Edition. CEDET, Lima. Margarita Snchez, Michael Franklin. 1996. Precedent Document. Forum on Poverty Alleviation for Minority Communities in Latin America: Communities of African Ancestry, Inter-American Development Bank, Washington D.C. Margarita Snchez, Michael Franklin. 1995. CIES Sociales Research Group. Mitigacin de la Pobreza para Minoras en Latinoamrica Reporte Per [Poverty Mitigation for Minorities in Latin America: Peru Report]. Cowater International, Inc. Martin Benavides, Mximo Torero, Nstor Valdivia. 2006. Ms all de los Promedios: Afrodescendientes en Amrica Latina. [Beyond Averages: AfroDescendants in Latin America]. Pobreza, discriminacin Social e Identidad: El Caso de la Poblacin Afrodescendiente en el Per [Poverty, Social Discrimination, and Identity: The Case of the Afro-Descendant Population in Peru].

Afro-Peruvian People: Assessment and Proposals of the Afro-Peruvian Process In View of the Agreements of the Regional Conference of the Americas], CEDET, Lima, Peru. Ministry of Education. 2010. Vice Ministry of Pedagogical Management. Somos Afrodescendientes, Somos Per [We are Afro-Descendants, We are Peru], Direccin General de Educacin Bilinge e Intercultural [General Directorate of Cross-Cultural, Bilingual, and Rural Education] (DIGEIBIR), Lima. Precedent Document. 1996. Forum on Poverty Alleviation for Minority Communities In Latin America: Communities of African Ancestry, Inter-American Development Bank, Washington D.C. Race and Poverty: Inter-Agency Consultation on AfroLatin Americans. 2010. Minutes from the Roundtable held on June 19, Inter-American Dialogue, World Bank, Inter-American Development Bank, Washington D.C. Roberto Rojas Dvila. La invisibilizacin de la poblacin Afroperuana [The Invisibilization of the Afro-Peruvian Population], Peru. Roberto Rojas Dvila. Centro de Desarrollo tnico [Center of Ethnic Development]. Comit para la Eliminacin de la Discriminacin Racial Per [Committee for the Elimination of Racial Discrimination in Peru]. Informe alternativo al Informe del Estado Peruano Consolidado de los Informes Peridicos 14, 15, 16 y 17 [Alternative Report to the Report of the Peruvian State Consolidated from the 14th, 15th, 16th, and 17th Periodic Reports]. Sergio Molina Bustamante. La Propaganda Racista contra los Afrodescendientes el Per en la Televisin: Estudio de caso sobre un programa de humor [Racist Television Propaganda against Afro-Descendants in Peru: Case Study on a Comedy Show], working paper. LUNDU. Lima. 2010.

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Mximo Estupin Maldonado. 2005. Second Edition Aspectos de la incorporacin de la accin de los Afrodescendientes y los Planes Curriculares [Aspects of the Incorporation of the Action of AfroDescendants and Curricular Plans]. El Estado y el Pueblo Afroperuano: Balance y Propuestas del Proceso Afroperuano ante los Acuerdos de la Conferencia Regional de las Amricas [The State and the

Annexes

ANNEXES

Annex 1.
Supreme Resolution 0102009.
Lima, November 27, 2009 Considering: That Article 1 of the Political Constitution of Peru recognizes that the defense of the human person and the respect of his/her dignity are the supreme goals of the society and of the State; That racism, racial discrimination, xenophobia, and other related forms of intolerance constitute clear threats and aggressions against human beings dignity and as such it is a State priority to directly combat these evils which afflict humanity; That since colonial times, the Afro-Peruvian people have been victims of these types of abuses and more, without previously receiving reparations in their capacity as human beings; That Peru is a multi-cultural, multi-racial, multi-ethnic, and multi-lingual country, a legacy of an historic pro-

cess which should be seen as socially and culturally advantageous; That nonetheless, the State recognizes and regrets that there still exist remnants of those types of aggression which also represent a barrier to social, economic, labor, and educational development for the populace in general and the Afro-Peruvian people in particular who throughout our history have identified with and shown love and respect for our homeland, expressed in the fight for independence, the defense of national territory, and the construction of the Peruvian nation; That with the objective of reaffirming the Afro-Peruvian people and in this way proceeding along the path of equality and respect for the diversity that exists in our country, it is necessary for the State to express an historic apology to this community; In accordance with Law 29158, the Organic Law on the Executive Branch; Law 27793, the Law on the Organization and Functions of the Ministry of Women and Social Development; and Law 28495, the Law on the National Institute for the Development of the Andean, Amazonian, and Afro-Peruvian Peoples; Be it so agreed,

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It is hereby decided: Article 1. Historic Apology and Recognition. May an Historic Apology be made to the Afro-Peruvian people for the abuses, exclusion, and discrimination committed against them from colonial times up to the present day, and may their efforts and struggles to affirm our national identity, generate and disseminate cultural values, and defend our homeland be recognized. Article 2. Solemn Act. The apology to and recognition of the Afro-Peruvian people will be made in a solemn public ceremony in which votes will be made in the name of equity and justice as fundamental values needed for the construction of a more just and tolerant society with the existing diversity in our country.

Article 3. Public Policies. The Ministry of Women and Social Development, in coordination with the competent sectors, shall announce public policies specific to the development of the AfroPeruvian people. Article 4. Ratification. The present Supreme Resolution shall be ratified by the Minister of Women and Social Development. May this be recorded, made known, and published. ALAN GARCA PREZ Constitutional President of the Republic NIDIA VILCHEZ YUCRA Minister of Women and Social Development

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ANNEX 2
The State and the Afro-Peruvians: Some initiatives and challanges
Since 2001, the Peruvian State has seemingly planned to initiate the actions listed below in order to improve Afro-Peruvians quality of life; however, the Afro-Peruvian leaders we interviewed for this report have come to the same conclusion: that in Peru there is no true political will to confront the problems we are experiencing. Afro-Peruvian representatives of various Afro organizations have worked or participated in INDEPA since its establishment as CONAPA and up to the present day within the Ministry of Culture. The Roundtable on Afro-Peruvian Women which began within PROMUDEH and gave rise to todays Ministry of Women and Social Development, was reactivated during the last year. The inclusion of Afro-Peruvians in the Commission on Andean, Amazonian, and Afro-Peruvian Affairs in the Congress of the Republic. The election of Mrs. Martha Moyano, an AfroPeruvian woman, as Second Vice President of the Congress, as well as the appointment of another Afro-Peruvian woman, Mara Zavala, as Minister of Women and later as Peruvian Ambassador to the OAS. The burial of Mr. Arturo Zambo Cavero, well-known singer-songwriter and close friend of the President of the Republic, with honors similar to those performed for a Chief of State in both the Palace of Government and the Congress of the Republic. The inclusion of the term Afro-Peruvian in the Direccin General de Educacin Bilinge e Intercultural

[General Directorate of Cross-Cultural, Bilingual, and Rural Education], the Direccin Ejecutiva de Medicina Tradicional [Executive Directorate of Traditional Medicine], and Centro de Salud Intercultural [Cross-Cultural Health Center]. The widely published Historic Apology to the AfroPeruvian People on the part of the President of the Republic in the Palace of Government for the abuses, exclusion, and discrimination committed against them from colonial times up to the present day. This lack of political will and importance given to resolving Afro-Peruvians problems is evidenced in the discourses made by public officials charged with promoting Afro-Peruvians development and the integration of the three component peoples of the Peruvian State. They prefer to always highlight the preferences of the ethnic people or group to which they belong, ignoring Afro-Peruvians or simply providing erroneous information in an irresponsible fashion. We present just three examples below of how, despite being in front of Afro-Peruvians, said officials completely ignore them or provide totally false data, evincing an obvious disinterest in us, ignorance about the issue, or very strong racial and ethnic prejudice towards AfroPeruvians.

1. Speech made by INDEPA President Mayta Capac Alatrista Herrera before 510 leaders of the three peoples attending the National Encounter of Andean, Amazonian, and Afro-Peruvian Peoples, whose focus was For an Agenda on Development with Identity. This speech was printed in the publication IDENTIDAD CULTURAL [Cultural Identity] published by INDEPA itself in 2010.

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Identidad Cultural [Cultural Identity] For an Agenda on Development with Identity National Encounter of Andean, Amazonian, and Afro-Peruvian Peoples INDEPA Mayta Capac Alatrista Herrera Executive President INDEPA Speech With this learning, INDEPA, mandated by law to be the governing body of policies regarding indigenous issues, and utilizing said historic legacy as a mechanism for analysis, dialogue, consultation, proposals, and agreement, has convened the National Encounters of Andean, Amazonian, and Afro-Peruvian Peoples. These have been and are the fora for debating indigenous problems, with the principal protagonists being the authentic indigenous leaders along with representatives of various governmental and non-governmental institutions at the local and regional levels with whom we seek consensus to arrive at fundamental points which serve as a path, objectives for constructing the agenda to be implemented by various State agencies in the name of indigenous issues. (p.7) Five hundred and ten indigenous leaders from the most distant communities in Peru, from the most diverse ethnic groups in the Amazon, from campesino communities in the Andes, from Afro-Peruvian communities, are meeting for three days in the Huampani Recreational Center. December 11, 12, and 13, 2008 were dedicated to analyzing, debating, and proposing policies in favor of the indigenous people.

The results are very instructive and thus, although more than a year has passed since it was held, it continues to be valid; particularly due to its dual focus: on one hand, the institutional position regarding indigenous issues was set out and on the other, the voices of the indigenous leaders themselves who expressed themselves with a natural freedom in the workshops. The book has four parts: the first is on the contextual historic process within which said Encounters have been organized; the second reveals how they were convened, the arrival of the delegations, and the inauguration of the event; the third sets out the various presentations of State institutions that work on indigenous issues; and the fourth and last part includes the issues, interventions, and proposals of indigenous leaders (p. 8). As can be seen in the highlighted portions, Mr. Mayta Capac despite taking part in a threeday meeting in which members of three peoples were participating only focused on the Andean and indigenous peoples and was unable to see the Afro-Peruvian men and women in front of him. Moreover, as president of INDEPA, he knew beforehand that the three peoples would be participating in the meeting.

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2. Once again, the president of INDEPA reiterates the presence of indigenous people in university diploma courses wherein, similar to the above-mentioned Encounter, members of the three peoples participate. However, this situation is even more deplorable, as this

Annexes

publication is perceived to be, as noted by the well-known anthropologist Jos Matos Mar in said publications prologue, . . . a manual which seeks to reach all spaces in order to raise awareness of a better understanding of the national reality and above all to bring about an end to the myths, prejudices, and contrasts, as well as better treatment, in all spheres of the State. Unfortunately, however, INDEPA itself is the one that is not conscious of and does not understand the national reality, given that its performance in front of Afro-Peruvians is not at all acceptable particularly its blindness of not seeing us and dealing with our problems. Contributions to a cross-cultural focus INDEPA Mayta Capa Alatrista Herrera Executive President of INDEPA Speech Contributions to a Cross-Cultural Focus is the result of education work carried out by INDEPA within the framework of diploma courses taught in the countrys universities and training courses directed by indigenous communities (p. 15). A relevant result of the Encounter was that indigenous organizations and communities expressed their institutional support and recognition of INDEPA as a State agency charged with formulating policies in favor of indigenous peoples, as well as (p. 18).

3. The Francisco Congo Black Movement held a regional meeting in the Ica region, which is considered to be one of the regions with the largest Afro-Peruvian populations. For many years, Ica citizens have coexisted and shared traditions with the Afro-Peruvians in this region south of Lima. The Director-General of Education for the region was invited to said meeting. As we have noted, there is a General Directorate of Cross-Cultural, Bilingual, and Rural Education within the Ministry of Education. We should also point out that each region has a Directorate of Education and while its principal officials are the ones who should be the most well-versed in the issue of cross-culturalism, the information above was provided by the Director-General of Education in the region of Ica in language considered by AfroPeruvians to be racist. Examples include the terms morenos [darkies]; pura [pure], a clear allusion to the racist stratification utilized in slavery times and a term that was banished a long time ago; and mentioning statistical data that has never been used in this century. Biographical Sketch of Black History Presentation by the Director-General of Education Walter Inocente Matta Santa Cruz Slide 13. It is estimated that the Afro-Peruvian population makes up approximately 9% of Perus overall population. The majority are mestificado, [of mixed race] that is, the morenos [darkies] make up 7% of the national population while the mostly pure AfroPeruvian population represents approximately 2%, or more than 580,000 persons, in large part of Angolan, Congolese, or Malagasy extraction.

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