COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION
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.
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"
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.