University of Minnesota

Conclusions and recommendations of the Committee on the Elimination of
Racial Discrimination, Peru, U.N. Doc. A/50/18, paras. 194-204 (1995).



Forty-sixth session


Concluding observations of the Committee on the
Elimination of Racial Discrimination


194. At its 1095th meeting, held on 15 March 1995, the Committee adopted the following concluding observations.

(a) Introduction

195. The Committee welcomes the submission by the State party of a detailed report, prepared in accordance with the Committee's revised guidelines for the preparation of reports, and the resumption of the dialogue with the Government of Peru nine years after the consideration by the Committee of the previous report. The presence of a high-level delegation which provided additional information on most of the points raised by members of the Committee enables the Committee to obtain a better understanding of the efforts against racial discrimination in Peru, thus providing the basis for a frank and fruitful dialogue between the delegation and the Committee.

(b) Positive aspects

196. Measures recently adopted by the Government to improve the human rights situation are welcomed, as is continuing attention to the needs of indigenous communities. Satisfaction is expressed at the recent ratification by the State party of ILO Convention No. 169 on Indigenous and Tribal Peoples in Independent Countries. The Committee welcomes the additional information provided in the oral introduction of the report. The Committee takes note and welcomes the offer made by the Minister of Justice to provide the Committee with additional information as soon as possible.

(c) Factors and difficulties affecting the implementation of the Convention

197. It is noted that, as a consequence of violence linked with terrorist groups' activities and drug-trafficking, the State party has serious difficulties in the implementation of some provisions of the Convention. Structural problems such as the economic consequences of foreign debt have to be acknowledged.

(d) Principal subjects of concern

198. It is regretted that the State party has failed, since the submission of its seventh periodic report, to comply with its reporting obligations, so it has not been possible for the Committee to monitor the effects of Peru's fight against racial discrimination. It is further regretted that the Government failed to provide the Committee in its written report with accurate demographic data on Peru and that it did not contain sufficient information on the factual situation prevailing in Peru as far as protection against racial discrimination is concerned.

199. Concern is expressed that the socio-economic conditions of certain ethnic groups in Peru, particularly of indigenous communities living in rural areas and of indigenous, as well as Peruvians of non-European origin in urban society, remain disadvantageous compared to those of the white population in the urban areas. It is further noted with concern that some effects of the economic and social policy of the Government threaten the enjoyment of the social and economic rights of persons belonging to indigenous communities. Furthermore, the report fails to give a clear picture of the substance and implementation of the "national integration policy" or of the way legal provisions protecting "cultural identity" are implemented.

200. It is noted that articles 129 and 317 of the Criminal Code do not fully meet the requirements of article 4 of the Convention. Concern is expressed about the lack of information contained in the State party's report on results of measures adopted to give effect to articles 4, 5 and 6 of the Convention.

201. As regards implementation of article 6, concern is expressed at the number of allegations of excessive use of violence committed in the past towards the rural population (most of whom are of indigenous descent) by the army and various armed groups as a reaction to terrorism. The role of military courts in this respect needs further explanation and assessment. The Committee is concerned whether impunity is not given too much weight in respect of the prosecution of human rights violations by military and paramilitary groups. Concern is also expressed regarding the adequacy of publicity given to the right of individuals claiming to be victims of racial discrimination to appeal to the Committee under article 14 of the Convention.

(e) Suggestions and recommendations

202. The Committee recommends that further efforts be undertaken by the Government to put into practice the provisions of the Convention, as well as the legislative, judicial and administrative measures referred to in the State party's report. The Committee also recommends that effective
monitoring mechanisms be introduced to assess progress achieved in the protection of the rights of indigenous communities.

203. The Committee recommends that special efforts be made within the armed forces to terminate any unlawful violence towards civilians, including persons belonging to indigenous communities, and to secure that perpetrators of human rights violations are brought to justice.


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