Distr. GENERAL
CERD/C/PER/CO/14-17
August 28, 2009
Original: SPANISH
COMMITTEE ON THE ELIMINATION DE
RACIAL DISCRIMINATION
75th session
3 al August 28, 2009
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES UNDER ARTICLE 9
OF THE CONVENTION
observations of the Committee on the Elimination
of Racial Discrimination
Peru
1. The Committee considered at its 1934 ° and 1935 ° (CERD/C/1934 and CERD/C/1935), held on 3 and 4 August 2009, the regular 14. ° 17. No. Peru submitted in one document (CERD/C/PER/14-17). In 1963 and 1964 session (CERD / C / SR.1963 and 1964), on August 24 2009, adopted the following concluding observations.
A.
Introduction 2. The Committee welcomes the report submitted by Peru, despite 10 years of delay in presentation. It also welcomes responses to the list of questions that were sent in advance of the visit of the delegation. The Committee believes that the report does not respond with details fully and to all the provisions of the Convention and acknowledged receipt of allowances for some information and answers to questions and concerns from experts that the delegation promised to send written .
3. The Committee welcomes the delegation of High-level appointed officials for the presentation and discussion of the report complementation. Appreciates the information provided in response to cases under the Early Warning Procedure Committee.
B. Positive aspects
4. The Committee noted with satisfaction the establishment of the National Institute of Andean, Amazonian and Afro-Peruvian INDEPA, 16 April 2005 as a decentralized public body with financial autonomy, functional, administrative and organizational responsibility to propose and monitor compliance national policies and coordinating with regional governments the implementation of projects and programs aimed at the promotion, advocacy, research and affirmation of the rights and identity development of Andean, Amazonian and Afro, specialized public agency and recognized as a leader in the promotion, protection, defense and articulation of cultural, economic and social development of the Andean peoples, Amazonian and Afro, asserting their cultural identity.
5. The Committee notes with satisfaction the participation and organization, by the INDEPA of Workshops to sensitize government officials and the general public about the importance of articulating intercultural and inclusive public policies, to safeguard the population Afro-Peruvian. And participation in technical support work with NGOs involved in the issue.
6. The Committee welcomes the celebration of Afro-Peruvian Culture Day, held each June 4 and the foundation of the first Afro-Peruvian Culture Museum as a tribute to the important contribution provided by the Peruvian community in the country's identity.
7. The Committee notes with satisfaction the efforts to combat racial discrimination in Peru such as laws against discrimination in consumption and job vacancies.
8. The Committee welcomes the actions carried out by the state electoral hand, such as participation fees for the indigenous peoples and laws and Municipal Elections Regional Elections that require a fee indigenous presenting lists of candidates for mayor and council and the Regional Council.
9. The Committee welcomes the draft Law on Consultation and Participation of Indigenous Peoples in Environmental Matters aims to ensure that projects and infrastructure that may affect the rights of indigenous peoples have the free, prior and informed themselves and also seeks to bring the national legislation the right of the free, prior and informed participation of indigenous peoples established in Convention No. 169.
C. Concerns and recommendations
10. Given that the 1993 Constitution recognizes and protects the ethnic and cultural diversity of the Peruvian nation, the Committee remains concerned that a high percentage of persons belonging to indigenous peoples and Afro-Peruvian communities continue to suffer de facto racism and discrimination racial structure that exists in the State party.
The Committee recommends the State party should undertake to combat racial discrimination through the development of a comprehensive national policy to combat racism and racial discrimination. Also The Committee requests the State party to include in its next report indicators on the enjoyment of the rights guaranteed in the draft Constitution by the various indigenous peoples and Afro-Peruvian communities, broken down by urban and rural population, age and sex.
11. The Committee considers that the State party promote and guarantee the protection of the rights of indigenous peoples are constituted as rural communities in the Andes and Amazonian native communities as legal subjects individual or collective right. In this regard, the Committee notes that the State party's authorities for the purposes of implementing the rights contained in Convention No. 169 and the UN Declaration on the Rights of Indigenous Peoples, the categories "rural communities" and "indigenous communities" under the category "indigenous peoples" as is used in international law of human rights and indigenous peoples claim to be used constitution. The Committee expresses its concern at the situation and rights of indigenous peoples and Afro-Peruvian communities that are not yet established in rural communities or native. The Committee notes the efforts being undertaken by the State party for adopting a framework law on indigenous peoples.
The Committee recommends the State party to continue promoting urgent adoption of a framework law on indigenous peoples of Peru, involving all communities, trying to align and harmonize the terms to ensure adequate protection and promotion of the rights of all Indigenous and Afro-Peruvian communities.
12. The Committee notes the State party's proposed development of a new ethno-linguistic map, presented at the Congress on February 9, 2009, updating the map drawn in 1994. Notes further with satisfaction that the update of the map allow the State party develop policies public to respond to the needs of multiethnic and multilingual population of Peru. While the Committee welcomes the information contained in the periodic report on statistical data on the ethnic composition of the State party, the Committee notes limitations in the preparation of National Population Census 2007, also would like additional information on the characteristics and the particular situation of different ethnic groups, particularly highlighting the need for information on use of native languages \u200b\u200band the situation of Afro-Peruvian communities.
The Committee recommends the State party continue to improve the methodology used in the census to reflect the ethnic complexity of Peruvian society, taking into account the principle of self-identification, in accordance with its general recommendation No. 8 and paragraphs 10 to 12 of the guidelines for the specific document Committee to be submitted by States parties under paragraph 1 of Article 9 of the Convention (CERD/C/2007/1). In this regard, the Committee requests the State party to include in its next periodic report disaggregated statistical data on the composition of the population. Special emphasis recommended for updated information on the Afro-Peruvian community and the use of native languages \u200b\u200bof Peru.
13. The Committee notes with concern the gradual reduction in the use of indigenous languages \u200b\u200bnative who is living in Peru, made visible in the National Population Census 2007. Is of the view that bilingual education initiatives undertaken by the State should be an opportunity to consolidate two languages \u200b\u200band do not miss the native language for English.
The Committee recommends that the State party should investigate why there has been a reduction in the use of indigenous languages \u200b\u200bto develop an effective response. Recommends the urgent impulse Bill for Preservation and Use of Indigenous Languages \u200b\u200bof Peru, which already has a favorable opinion of the Commission of Andean, Amazonian and Afro-Peruvian and Environment and Ecology. Recommends the same for Bill, Translation and Dissemination of Official Language Laws, emphasizing that any law of the Peruvian state have an impact on the entire population of Peru.
14. While noting the positive steps taken by the State party to the item, the Committee reiterates its concern at the serious tensions in the country, even unleashing violence generated by the exploitation of subsoil resources in traditional territories of indigenous peoples. It also notes that in some cases, in practice, the right of indigenous peoples to be consulted and give informed consent before they proceed with the exploitation of natural resources in their territories, not fully respected. Equally concerned about the negative effects on health and the environment caused by mining activities which companies develop at the expense of the right to land and cultural rights of indigenous peoples affected.
The Committee urges the State party to adopt the Law on Consultation and Participation of Indigenous Peoples on Environmental taking into account its general recommendation No. 23 (para. 4, inc. d) which urged "States Parties to ensure that no decisions directly relating to the rights and interests of indigenous peoples without their informed consent." In light of this general recommendation, the Committee urges the State party to consult with indigenous communities involved in every stage of the process and obtain your consent before implementing the projects of natural resource extraction.
15. The Committee expresses serious concern and some contradictions conflicts between projects to exploit natural resources and indigenous peoples' rights have triggered violence, for example events in Bagua, 5 and 6 June 2009. The Committee notes the positive steps that the Peruvian Government has taken to lessen the violence in Bagua above, including the repeal of Decrees 1081 and 1094, and the initiation of investigations into the events. Welcomes the visit by the UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. James Anaya, to Peru from 17 to 19 June 2009 and its recommendations.
The Committee urges the State party to follow the recommendations of UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people Mr. James Anaya, following his visit to Peru and proceed to implement urgently an Independent Commission for a thorough, objective and impartial, it must have indigenous representation. It also recommends that the results of this commission will enrich the discussions already taking place Peru on the Law Consultation and Participation of Indigenous Environmental and regulations on the subject existing mining and petroleum subsectors presented by the Ministry of Energy and Mines. The Committee looks to be informed of the negotiations, the constitution, the findings, conclusions and recommendations of this Commission. It supports also called the Special Rapporteur on indigenous peoples and individuals involved that their claims and protests are always peacefully, respecting the human rights of others.
16. The Committee is concerned about the limited enjoyment of economic, social and cultural rights of indigenous peoples and communities afropeuranas in particular with regard to housing, education, health and employment, despite the economic growth that has seen the State part.
The Committee recommends that the State party take necessary measures for effective protection against discrimination against indigenous peoples and Afro-Peruvian communities in several areas, including with respect to employment, housing, health and education. Also requests the State party to include in its next report on the impact of programs to ensure economic, social and cultural rights to indigenous people as well as statistics on the progress made in this regard.
17. The Committee expresses its concern at the low visibility of Afro-Peruvian communities, particularly evident in the lack of information provided to them in the national report, the national census and the public policies described in all spheres of public life in the country.
The Committee urges the State party to conduct a study of Afro-Peruvian population that allows you to define your needs and develop action plans, programs and effective public policies in all spheres of public life of Afro-Peruvian communities.
18. While the Committee notes the recent progress in the fight against illiteracy among the indigenous and Afro-Peruvian, the Committee remains concerned at the rate of illiteracy among indigenous and Afro-Peruvian communities. Also, while noting with appreciation the efforts by the creation of a bilingual education system, the Committee is concerned at the lack of practical implementation of the bilingual system intercultural.
The Committee encourages the State party to take action in the short and medium term for the effective implementation of measures to reduce illiteracy among the indigenous and Afro-Peruvian. Also, the State party's next report should include precise data on the percentage of indigenous and Afro-Peruvian having access to primary, secondary and university education.
19. He is concerned about the racial discrimination directed against indigenous peoples and Afro-Peruvian communities in the media, including stereotyped and demeaning representations of indigenous peoples and Afro-Peruvian communities in television programs and articles press. Also concerned about daily activities that demonstrate racial discrimination, as well as information received regarding racial discrimination by government officials.
The Committee recommends the State party take appropriate measures to combat racial prejudices which lead to racial discrimination in the media, both public and private channels in the press as well as the attitudes of everyday life . Additionally, the Committee recommends the State party to promote the field of information, understanding, tolerance and friendship between different racial groups in the State party, including the adoption of a code of ethics for the media, that engages the media to respect the identity and culture of indigenous peoples and Afro-Peruvian communities.
20. The Committee stressed that sustainable management of natural resources is a complex task, and notes the efforts that the State party has made to improve its legislation and management on them, particularly on water resources. In this regard, the Committee appreciates the information provided by the State party on the construction of four new wells in the community Ancomarca case has been considered under the early warning procedure. The Committee however, expressed concern about the possible impact of watershed management in the Peruvian wetlands and lifestyle of indigenous peoples.
The Committee recommends that the policy of water management in the State party take into account the needs and demands of communities that may be affected by it. It reiterates its call upon the State party to ensure the use and enjoyment of the waters of the inhabitants of the community Ancomarca and repair the damage and prejudice caused to the community.
21. The Committee notes the information provided by the State party on the implementation of the Act of Dorissa in the case of the Achuar people, affected by exploitation of hydrocarbons in the Corrientes River.
The Committee encourages the State party to make every effort to ensure that the Dorissa Act is implemented without delay and to prevent the occurrence of similar cases in future oil exploration projects.
22. The Committee notes the importance of the fact that the INDEPA may have financial and human resources necessary to carry out their important work.
The Committee recommends strengthening the INDEPA providing it with financial and human resources necessary to carry out its valuable work.
23. The Committee expresses its concern at the conflicts that may arise as a result the lack of consensus on a national project shared by the Peruvian society in all its multicultural and multi-ethnic expression, particularly in the field of education, development projects and environmental protection.
The Committee recommends that the State party undertake a participatory and inclusive process in order to determine which is the vision of nation that best represents the ethnic and cultural diversity of a country as rich as Peru, and a shared vision inclusive and can guide the way the State party in its public policies and development projects.
24. The Committee expresses its concern at the lack of information on prosecutions and penalties for acts of racial discrimination.
The Committee recommends that the State party provide in its next periodic report most comprehensive information and statistics on prosecutions and penalties for acts of racial discrimination.
25. Taking into account the indivisibility of all human rights, the Committee encourages the State party to consider the ratification of all these international human rights instruments not yet ratified.
26. The Committee recommends that the State party take into account the Durban Declaration and Programme of Action, adopted on September 21, 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and the outcome document of the Conference on Assessment of Durban, held in Geneva in April 2009, when implementing the Convention in its domestic legal order. The Committee requests the State party include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at national level.
27. The Committee recommends that the State party continue consulting and expanding its dialogue with civil society organizations working in the area of \u200b\u200bprotection of human rights in particular in combating racial discrimination in connection with the preparation of its next periodic report.
28. The Committee recommends that the State party ratify the amendments to article 8, paragraph 6 of the Convention, adopted on January 15, 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 16 December 1992. In this regard, the Committee cites resolution 61/148 the General Assembly urged Member States to accelerate their domestic ratification processes for the amendment and inform the Secretary General in writing their agreement with the amendment.
29. The Committee recommends that the reports of State parties are available and accessible to the public at the time of delivery, and that the Committee's concluding observations on these reports are also published in the official language and other commonly used, as appropriate.
30. Noting that the State party submitted its Document de Base in 1994, the Committee encourages the State party to submit an updated version, according to the harmonized guidance on reporting to international treaties on human rights issues, particularly those refer to the Base Document, adopted at the fifth inter-committee meeting of human rights treaty in June 2006 (HRI/GEN/2/Rev.4).
31. According to Article 9, paragraph 1, of the Convention and Rule 65 of its rules of procedure as amended, the Committee requests the State party provide information, within a year after the adoption of these conclusions, follow-up to recommendations in paragraphs 12, 17 and 20 above.
32. The Committee also draws the attention of the State party to the particular importance of recommendations 11, 14, 16, and requests the State party to provide detailed information in its next periodic report on concrete measures taken to implement these recommendations.
33. The Committee recommends that the State party to deliver its 18th, 19th and 20th periodic reports consolidated in one document, 29 October 2012, taking into account the specific guide for the CERD adopted by the Committee at its 71st session (CERD/C/2007 / 1), and cover all the points raised in these concluding observations. -----
